Bill Text: IN SB0001 | 2011 | Regular Session | Introduced
Bill Title: Teacher evaluations and licensing.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-18 - SECTION 51 effective 04/30/2011 [SB0001 Detail]
Download: Indiana-2011-SB0001-Introduced.html
Citations Affected: IC 11-10-5; IC 20-18-2; IC 20-19-2-8;
IC 20-20-31-10; IC 20-24; IC 20-25-16-1; IC 20-26; IC 20-28;
IC 20-31-4-6; IC 20-33-2.
Synopsis: Teacher evaluations and licensing. Eliminates the advisory
board of the division of professional standards of the department of
education. Provides that not more than 50% of the teachers in a charter
school are not required to be licensed as teachers, or be in the process
of obtaining a license (unless the state board of education waives the
limitation). Requires the department of education to revoke the license
of a licensed school employee if the employee is convicted in another
state or under federal statutes of an offense that is comparable to the
felonies for which the employee's license would be revoked if
committed in Indiana. Establishes an annual staff performance
evaluation that categorizes teachers as highly effective, effective,
improvement necessary, or ineffective. Specifies that a teacher rated
ineffective or improvement necessary may not receive a raise or
increment for the following year. Repeals references to the advisory
board and the existing staff performance evaluation provisions, and
makes corresponding changes to related sections.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Education and Career
Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
qualified teachers. A limited certificate may be issued in cases where
special education and qualifications warrant the waiver of part of the
prerequisite professional education required for certification to teach
in the public schools. The limited certificate, however, may be issued
only to applicants who have graduated from an accredited college or
university. Teachers of vocational education need not be graduates of
an accredited college or university but shall meet requirements for
conditional vocational certificates as determined by the department of
education.
(1) school city;
(2) school town;
(3) school township;
(4) consolidated school corporation;
(5) metropolitan school district;
(6) township school corporation;
(7) county school corporation;
(8) united school corporation; or
(9) community school corporation.
(b) "School corporation", for purposes of IC 20-26-1 through IC 20-26-5 and IC 20-26-7, has the meaning set forth in IC 20-26-2-4.
(c) "School corporation", for purposes of IC 20-20-33 and IC 20-30-8, includes a charter school (as defined in IC 20-24-1-4).
(d) "School corporation", for purposes of IC 20-43, has the meaning set forth in IC 20-43-1-23.
(e) "School corporation", for purposes of IC 20-28-11.5, has the meaning set forth in IC 20-28-11.5.-3.
(1) The designation and employment of the employees and consultants necessary for the department. The state board shall fix the compensation of employees of the department, subject to the approval of the budget committee and the governor under IC 4-12-2.
(2) The establishment and maintenance of standards and guidelines for media centers, libraries, instructional materials centers, or any other area or system of areas in a school where a full range of information sources, associated equipment, and services from professional media staff are accessible to the school community. With regard to library automation systems, the state board may only adopt rules that meet the standards established by the state library board for library automation systems under IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student personnel and guidance services.
(4) The establishment and maintenance of minimum standards for driver education programs (including classroom instruction and practice driving) and equipment. Classroom instruction standards established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor program;
and must provide, effective July 1, 2010, that the classroom instruction may not be provided to a child less than fifteen (15) years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine the condition of the schools. The state board shall establish standards governing the accreditation of public schools. Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
is a prerequisite to the accreditation of a school. Local public school officials shall make the reports required of them and otherwise cooperate with the state board regarding required inspections. Nonpublic schools may also request the inspection for classification purposes. Compliance with the building and site guidelines adopted by the state board is not a prerequisite of accreditation.
(6) Subject to section 9 of this chapter, the adoption and approval of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for the support of schools in the state.
(8) The state board may not establish an accreditation system for nonpublic schools that is less stringent than the accreditation system for public schools.
(9) A separate system for recognizing nonpublic schools under IC 20-19-2-10. Recognition of nonpublic schools under this subdivision constitutes the system of regulatory standards that apply to nonpublic schools that seek to qualify for the system of recognition.
(10) The establishment and enforcement of standards and guidelines concerning the safety of students participating in cheerleading activities.
(11) Subject to IC 20-28-2, the preparation and licensing of teachers.
(b) Before final adoption of any rule, the state board shall make a finding on the estimated fiscal impact that the rule will have on school corporations.
(1) A mechanism to identify and develop strategies to collect multiple forms of data that reflect the achievement of expectations for all students. The data may include the results of ISTEP
program tests under IC 20-31-3, IC 20-32-4, IC 20-32-5, and
IC 20-32-6, local tests, classroom work, and teacher and
administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and
student learning, including standards for effective teaching and
effective professional development.
(1) hold a license to teach in a public school in Indiana under IC 20-28-5;
(2) be in the process of obtaining a license to teach in a public school in Indiana under the transition to teaching program established by IC 20-28-4-2; or
(3) hold at least a bachelor's degree with a grade point average of at least three (3.0) on a four (4.0) point scale from an accredited postsecondary educational institution in the content or related area in which the individual teaches. Not more than fifty percent (50%) of a charter school's teachers may be employed under this subdivision unless a charter school requests and the state board approves a waiver of this provision.
(b) An individual described in subsection (a)(2) must complete the transition to teaching program not later than three (3) years after beginning to teach at a charter school.
(c) An individual who provides to students in a charter school a service:
(1) that is not teaching; and
(2) for which a license is required under Indiana law;
must have the appropriate license to provide the service in Indiana.
(1) An Indiana statute applicable to a governing body or school corporation.
(2) A rule or guideline adopted by the state board.
(3) A rule or guideline adopted by the
concerning teachers, except for those rules that assist a teacher
in gaining or renewing a standard or advanced license.
(4) A local regulation or policy adopted by a school corporation
unless specifically incorporated in the charter.
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city.
(3) The board may waive the following statutes and rules for any school in the school city without administrative, regulatory, or legislative approval:
(A) The following rules concerning curriculum and instructional time:
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(C) The following statutes and rules concerning textbooks and rules adopted under the statutes:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-1
IC 20-26-12-2
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
511 IAC 6.1-5-5.
(D) 511 IAC 6.1-4-2 concerning school principals.
(4) Notwithstanding any other law, a school city may do the
following:
(A) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
city purpose.
(B) Establish a professional development and technology fund
to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or
local government taxation to any account of the school
corporation, including a professional development and
technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general
fund and the school transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund and
the school transportation fund after a transfer occurs under this
subdivision may not exceed the sum of the property tax rates
for the general fund and the school transportation fund before
a transfer occurs under this subdivision.
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the debt service fund.
(b) Except as provided in IC 20-28-7, this section may not be construed as providing the governing body the authority to cancel a teacher's or principal's contract.
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs of the school corporation and to establish, locate, and provide the necessary schools, school libraries, other libraries where permitted by law, other buildings, facilities, property, and equipment.
(3) To appropriate from the school corporation's general fund an amount, not to exceed the greater of three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve thousand five hundred dollars ($12,500), based on the school corporation's previous year's ADM, to promote the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or awards;
(B) provision for expenses incurred in interviewing job applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or maintenance of real estate, real estate improvements, or an interest in real estate or real estate improvements, as the governing body considers necessary for school purposes, including buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, playgrounds, playing and athletic fields, facilities for physical training, buildings for administrative, office, warehouse, repair activities, or housing school owned buses, landscaping, walks, drives, parking areas, roadways, easements and facilities for power, sewer, water, roadway, access, storm and surface water, drinking water, gas, electricity, other utilities and similar purposes, by purchase, either outright for cash (or under conditional sales or purchase money contracts providing for a retention of a security interest by the seller until payment is made or by notes where the contract, security retention, or note is permitted by applicable law), by exchange, by gift, by devise, by eminent domain, by lease with or without option to purchase, or by lease under IC 20-47-2, IC 20-47-3, or IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for the repair, remodeling, removal, or demolition of the real estate, real estate improvements, or interest in the real estate or real estate improvements, as the governing body considers necessary for school purposes.
(C) Provide for conservation measures through utility efficiency programs or under a guaranteed savings contract as described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal property as the governing body considers necessary for school purposes, including buses, motor vehicles, equipment, apparatus, appliances, books, furniture, and supplies, either by cash purchase or under conditional sales or purchase money contracts providing for a security interest by the seller until payment is made or by notes where the contract, security, retention, or note is permitted by applicable law, by gift, by devise, by loan, or by lease with or without option to purchase and to repair, remodel, remove, relocate, and demolish the personal property. All purchases and contracts specified under the powers authorized under subdivision (4) and this subdivision are subject solely to applicable law relating to purchases and contracting by municipal corporations in general and to the supervisory control of state agencies as provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real or personal property that, in the opinion of the governing body, is not necessary for school purposes, in accordance with IC 20-26-7, to demolish or otherwise dispose of the property if, in the opinion of the governing body, the property is not necessary for school purposes and is worthless, and to pay the expenses for the demolition or disposition.
(7) To lease any school property for a rental that the governing body considers reasonable or to permit the free use of school property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for children who are at least five (5) years of age and less than fifteen (15) years of age that operates before or after the school day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this subdivision, the governing body may enter into a long term lease with a nonprofit corporation, community service organization, or other governmental entity, if the corporation, organization, or other governmental entity will use the property to be leased for civic or public purposes or for a school age child care program. However, if payment for the property subject to a long term lease is made from money in the school corporation's debt service fund, all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
(b) Subject to IC 20-28-7, a principal is responsible for hiring and discharging teachers, teachers aides, assistant principals, building administrators, librarians, and any other employees necessary to the operation of the school.
(c) The governing body shall provide contracting authority on behalf of the school corporation to a superintendent or principal under this section and a collective bargaining agreement entered into under IC 20-29-6. The governing body either shall execute the
employment contracts designated by the superintendent or
principal, or may authorize the superintendent to execute
employment contracts on behalf of the governing body.
(1) Set standards for teacher licensing and for the administration of a professional licensing and certification process by the department.
(2) Approve or disapprove teacher preparation programs.
(3) Set fees to be charged in connection with teacher licensing.
(4) Suspend, revoke, or reinstate teacher licenses.
(5) Enter into agreements with other states to acquire reciprocal approval of teacher preparation programs.
(6) Set standards for teacher licensing concerning new subjects of study.
(7) Evaluate work experience and military service concerning postsecondary education and experience equivalency.
(8) Perform any other action that:
(A) relates to the improvement of instruction in the public schools through teacher education and professional development through continuing education; and
(B) attracts qualified candidates for teacher education from among the high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as independent practice school psychologists under IC 20-28-12.
(10) Before July 1, 2011, set standards for sign language interpreters who provide services to children with disabilities in an educational setting and an enforcement mechanism for the interpreter standards.
(b) Notwithstanding subsection (a)(1), an individual is entitled to one (1) year of occupational experience for purposes of obtaining an occupational specialist certificate under this article for each year the individual holds a license under IC 25-8-6.
advisory board may not publish notice of the intent to adopt the rule.
(d) (c) The advisory state board may adopt rules under IC 4-22-2,
including emergency rules under IC 4-22-2-37.1, to establish
procedures to expedite the issuance, renewal, or reinstatement under
this article of a license or certificate of a person whose spouse serves
on active duty (as defined in IC 25-1-12-2) and is assigned to a duty
station in Indiana. Before publishing notice of the intent to adopt a
permanent rule under IC 4-22-2, the advisory board must comply with
subsection (c).
(d) The state board shall adopt rules not later than July 1, 2012,
concerning the impact of the teacher evaluation under
IC 20-28-11.5 on the department's issuance, renewal, or
reinstatement of a license under this article. Rules adopted under
this subsection:
(1) may not conflict with IC 20-28-6 and IC 20-28-7
concerning the impact of the evaluation on a certificated
employee's status as a probationary, professional, or
established teacher; and
(2) must require an employee who receives a rating of
ineffective or improvement necessary to use renewal credits
in a manner that aligns with the results of the employee's
evaluation under IC 20-28-11.5-3.
(1) Establish advisory committees the department determines necessary.
(2) Expend funds made available to the department according to policies established by the budget agency.
(b) The department shall comply with the requirements for submitting a budget request to the budget agency as set forth in IC 4-12-1, for funds to administer the responsibilities of the department described in section 1 of this chapter.
education component required meets the requirements of this
section. A program approved under this section must comply with the
following requirements:
(1) Include the following study requirements:
(A) For a program participant who seeks to obtain a license to
teach in grades 6 7 through 12, up to eighteen (18) credit hours
of study or the equivalent that:
(i) prepare a program participant to meet Indiana standards
for teaching in the subject areas corresponding to the area in
which the program participant has met the education
requirements under section 5 of this chapter, unless the
program participant demonstrates that the program
participant requires fewer credit hours of study to meet
Indiana standards for teaching; and
(ii) provides the program participants with instruction in
scientifically based reading instruction.
(B) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, 6, twenty-four (24)
credit hours of study or the equivalent, which must include at
least six (6) credit hours in teaching scientifically based
reading instruction, that prepare a program participant to
meet Indiana standards for teaching, unless the program
participant demonstrates that the program participant requires
fewer credit hours of study to meet Indiana standards for
teaching.
(2) Focus on the communication of knowledge to students.
student mastery of standards established by the state.
(3) Include suitable field or classroom experiences if the program
participant does not have teaching experience.
(1) For a program participant who seeks to obtain a license to teach in grades
(A) A bachelor's degree or the equivalent with a grade point average of at least three (3.0) on a four (4.0) point scale from an accredited postsecondary educational institution in the subject area that the individual intends to teach.
(B) A graduate degree from an accredited postsecondary educational institution in the subject area that the individual
intends to teach.
(C) Both:
(i) a bachelor's degree from an accredited postsecondary
educational institution with a grade point average of at least
two and five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years professional experience;
in the subject or a related area that the individual intends to
teach.
(2) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, 6, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of at least three (3.0) on a four (4.0) point scale from
an accredited institution of higher education.
(B) Both:
(i) a bachelor's degree from an accredited postsecondary
educational institution with a grade point average of at least
two and five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years professional experience in an education
related field, as determined by the department.
(1) Successfully completes the
(2) Demonstrates proficiency through a written examination in:
(A) basic reading, writing, and mathematics;
(B) pedagogy; and
(C) knowledge of the areas in which the program participant is required to have a license to teach;
under IC 20-28-5-12(b).
(3) Participates successfully in a beginning teacher
(4) Receives a successful assessment of teaching skills upon completion of the beginning teacher
teacher internship residency program.
(b) Rules adopted under this section must include a requirement that
(1) enroll in; and
(2) complete;
the program.
(1) a school corporation; or
(2) a subject area;
that is designated by the state board as having an insufficient supply of licensed teachers.
(b) The governing body of a school corporation or the appointing authority of an accredited nonpublic school may employ a program participant if the program participant is hired to teach in a subject area or a school corporation to which this section applies.
(c) Before employing a program participant under subsection (b), the superintendent of the school corporation must make a
determination that one (1) of the following conditions exists:
(1) There is no fully certified and highly qualified effective
teacher available for the position.
(2) The program participant is the best qualified candidate for the
position.
(d) A program participant who is employed under this section is
eligible to receive a transition to teaching permit. The transition to
teaching permit is valid for three (3) years, and may not be renewed.
(e) A program participant who is employed under this section:
(1) shall enter into either:
(A) a regular teacher's contract under IC 20-28-6-5; or
(B) a temporary teacher's contract under IC 20-28-6-6, if
replacing a teacher on a leave of absence;
(2) is eligible to participate in a mentor teacher program; and
(3) satisfies the field or classroom experience component of the
program under section 4(3) of this chapter.
(f) The state board:
(1) shall review; and
(2) may renew;
the designation of a school corporation or a subject area as having an
insufficient supply of licensed teachers not more than two (2) years
following the initial designation under subsection (a).
(1) the issuance of a substitute teacher's license; and
(2) the employment of substitute teacher licensees.
An individual may not serve as a substitute teacher without a license issued by the department.
(b) The department shall determine details of licensing not provided in this chapter, including requirements regarding the following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education schools and departments.
(3) The exchange and renewal of licenses.
(4) The endorsement of another state's license.
(5) The acceptance of credentials from teacher education institutions of another state.
(6) The academic and professional preparation for each type of license.
(7) The granting of permission to teach a high school subject area related to the subject area for which the teacher holds a license.
(8) The issuance of licenses on credentials.
(9) The type of license required for each school position.
(10) The size requirements for an elementary school requiring a licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewing a teaching license that does not require a graduate degree.
(c) This subsection does not apply to an applicant for a substitute teacher license. After June 30, 2007, the department may not issue an initial
(1) has successfully completed training approved by the department in:
(A) cardiopulmonary resuscitation that includes a test demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an airway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures described in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the advisory board; or
(3) has physical limitations that make it impracticable for the applicant to complete a course or certification described in subdivision (1) or (2).
(d) The department shall periodically publish bulletins regarding:
(1) the details described in subsection (b);
(2) information on the types of licenses issued;
(3) the rules governing the issuance of each type of license; and
(4) other similar matters.
JULY 1, 2011]: 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 licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), or when the governing body or equivalent authority for a nonpublic
school takes any final action in relation to an employee who engaged
in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less than
eighteen (18) years of age.
(3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(20) Homicide (IC 35-42-1).
(d) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of a federal offense or an offense in another state that is comparable to a felony listed in subsection (c).
(
(b) The department may not renew the junior high/middle school or secondary education license of a teacher on the basis of the teacher obtaining a graduate degree unless the teacher completes at least the equivalent of eighteen (18) semester hours beyond the teacher's undergraduate degree in any combination of courses in the teacher's major, minor, primary, supporting, or endorsement areas. The semester hours may include graduate hours or undergraduate hours, or both, as determined by the department.
(c) The
(1) adopt rules under IC 4-22-2 to create exceptions to the requirements under subsection (b); and
(2) waive the requirements under subsection (b) on an individual basis.
apply to an individual who held an Indiana limited, reciprocal, or
standard teaching license on June 30, 1985.
(b) The department may not grant an initial standard practitioner
license to an individual unless the individual has demonstrated
proficiency in the following areas on a written examination or through
other procedures prescribed by the department:
(1) Basic reading, writing, and mathematics.
(2) Pedagogy.
(3) Knowledge of the areas in which the individual is required to
have a license to teach.
(4) If the individual is seeking to be licensed as an elementary
school teacher, comprehensive scientifically based reading
instruction skills, including:
(A) phonemic awareness; and
(B) phonics instruction;
(C) fluency;
(D) vocabulary; and
(E) comprehension.
(c) An individual's license examination score may not be disclosed
by the department without the individual's consent unless specifically
required by state or federal statute or court order.
(d) The advisory state board shall adopt rules under IC 4-22-2 to do
the following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (b).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
(e) The state board shall adopt rules under IC 4-22-2 establishing
the conditions under which the requirements of this section may be
waived for an individual holding a valid teacher's license issued by
another state.
(b) If an individual does not demonstrate the level of proficiency required to receive a license on all or a part of an examination, the examination's scorer must provide the individual with the individual's test scores.
the department of state revenue that an individual is on the most recent
tax warrant list, the department may not grant an initial standard a
license to the individual until:
(1) the individual provides the department with a statement from
the department of state revenue indicating that the individual's
delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of the
department of state revenue under IC 6-8.1-8-2(k).
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules prescribed for the government of the school corporation.
(3) Neglect of duty.
(4) Incompetence, including receiving:
(A) an ineffective designation on a performance evaluation under IC 20-28-11.5 for more than one (1) year;
(B) two (2) consecutive improvement necessary ratings; or
(C) three (3) or more ineffective or improvement necessary ratings in any five (5) year period.
(5) Justifiable decrease in the number of teaching positions.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good and just cause.
When the cause of cancellation is a ground set forth in subdivision (1), (2), or (6), the cancellation is effective immediately. When the cause of cancellation is a ground set forth in subdivision (3), (4), (5), or (7), the cancellation is effective at the end of the school term following the cancellation.
(b) An indefinite contract may not be canceled for political or personal reasons.
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties, including
receiving:
(A) an ineffective designation on a performance evaluation
under IC 20-28-11.5 for more than one (1) year;
(B) two (2) consecutive improvement necessary ratings; or
(C) three (3) or more ineffective or improvement necessary
ratings in any five (5) year period.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the school
corporation.
(8) A conviction for an offense listed in IC 20-28-5-8(c).
(b) An indefinite contract with a semipermanent teacher may not be
canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinite
contract, the principal of the school at which the teacher teaches must
provide the teacher with a written evaluation of the teacher's
performance before January 1 of each year. Upon the request of a
semipermanent teacher, delivered in writing to the principal not later
than thirty (30) days after the teacher receives the evaluation required
by this section, the principal must provide the teacher with an
additional written evaluation.
compensation based on the criteria in subsection (c).
(b) This subsection takes effect July 1, 2012, or upon the
expiration of a contract in existence on July 1, 2011, whichever is
earlier. A salary increase for a teacher employed by a school
corporation on or after the date this subsection takes effect must
be based primarily on student academic performance, and may not
be based on years of experience or the attainment of additional
degrees or graduate credit hours beyond the requirements for
employment.
(c) A local salary scale must be based upon a combination of the
following factors:
(1) The number of years of a teacher's experience. This factor
may not account for more than thirty-three percent (33%) of
the calculation used to determine a teacher's salary, raise, or
increment.
(2) The results of an evaluation conducted under
IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including
the responsibility for conducting evaluations under
IC 20-28-11.5.
(4) Whether the teacher is rated effective or highly effective,
or is teaching in a high priority subject area or grade level
based on the academic needs of students in the school
corporation.
(d) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the
following year if the teacher's employment contract is continued.
The amount that would otherwise have been allocated for the
salary increase of teachers rated ineffective or improvement
necessary shall be allocated for compensation of all teachers rated
effective and highly effective based on the criteria in subsection (c).
(e) Not later than January 31, 2012, the department shall
publish a model salary schedule that a school corporation may
adopt.
(f) After June 30, 2012, at any time the state board of accounts
may require a school corporation that is subject to this chapter to
submit the school corporation's local salary schedule to determine
compliance with this section. If a school corporation is found to be
out of compliance with this section:
(1) the state board of accounts shall report the noncompliance
to the state board; and
(2) the state board shall take appropriate action to ensure
compliance.
Chapter 11.5. Staff Performance Evaluations
Sec. 1. As used in this chapter, "evaluator" means an individual who conducts a staff performance evaluation. The term includes a teacher who:
(1) has clearly demonstrated a record of effective teaching over several years; and
(2) is approved by the principal as qualified to evaluate under the plan.
Sec. 2. As used in the chapter, "plan" refers to a staff performance evaluation plan developed under this chapter.
Sec. 3. As used in this chapter, "school corporation" includes:
(1) a school corporation;
(2) a charter school, including a virtual charter school under IC 20-24-7-13;
(3) a school created by an interlocal agreement under IC 36-1-7;
(4) a special education cooperative under IC 20-35-5; and
(5) a joint career and technical education program created under IC 20-37-1.
Sec. 4. (a) Each school corporation shall develop a plan for annual performance evaluations for each certificated employee (as defined in IC 20-29-2-4). A school corporation shall implement the plan beginning with the 2012-2013 school year.
(b) A plan must include the following components:
(1) Performance evaluations for all certificated employees, conducted at least annually.
(2) Objective measures of student achievement and growth to significantly inform the evaluation. The objective measures must include:
(A) student assessment results for certificated employees whose responsibilities include instruction in subjects measured in statewide assessments; and
(B) methods for assessing student growth for certificated employees who do not teach in areas measured by statewide assessments.
(3) An annual designation of each certificated employee in one (1) of the following rating categories:
(A) Highly effective.
(B) Effective.
(C) Improvement necessary.
(D) Ineffective.
(4) An explanation of the evaluator's recommendations for improvement, and the time in which improvement is expected.
(5) A provision that a teacher who negatively affects student achievement and growth cannot receive a rating of highly effective or effective.
(c) The plan, including the criteria for each rating category, must be made available to all certificated employees before the evaluations are conducted.
(d) Upon the request of a certificated employee being evaluated, the evaluator shall discuss the evaluation with the certificated employee before the evaluation is conducted.
Sec. 5. (a) The superintendent or equivalent authority may provide for evaluations to be conducted by an external provider.
(b) An individual may evaluate a certificated employee only if the individual has received training and support in evaluation skills.
Sec. 6. (a) A copy of the completed evaluation, including any documentation related to the evaluation, must be provided to a certificated employee not later than seven (7) days after the evaluation is conducted.
(b) If a certificated employee receives a rating of ineffective or improvement necessary, the evaluator and the certificated employee shall develop a remediation plan of not more than ninety (90) days in length to correct the deficiencies noted in the certificated employee's evaluation. The remediation plan must require the use of the certificated employee's license renewal credits in professional development activities intended to help the certificated employee achieve an effective rating on the next performance evaluation. If the principal did not conduct the performance evaluation, the principal may direct the use of the certificated employee's license renewal credits under this subsection.
Sec. 7. (a) To implement this chapter, the state board shall do the following:
(1) Before January 31, 2012, adopt rules under IC 4-22-2 that establish:
(A) the criteria that define each of the four categories of teacher ratings under section 4(b)(3) of this chapter;
(B) the measures to be used to determine student academic
achievement and growth under section 4(b)(2) of this
chapter;
(C) standards that define actions that constitute a negative
impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31, 2012, work with the department to
develop a model plan and release it to school corporations.
Subsequent versions of the model plan that contain
substantive changes must be provided to school corporations.
(3) Work with the department to enure the availability of
ongoing training on the use of the performance evaluation to
ensure that all evaluators and certificated employees have
access to information on the plan, the plan's implementation,
and this chapter.
(b) The state board may, at any time before, on, or after July 1,
2012, require a school corporation to obtain the state board's
approval before implementing a staff performance evaluation plan.
A school corporation may adopt the model plan without the state
board's approval. A school corporation may modify the model plan
or develop the school corporation's own plan, if the modified or
developed plan meets the criteria established under this chapter.
Sec. 8. (a) Before August 1 of each year, each school corporation
shall provide the results of the staff performance evaluations,
including the number of certificated employees placed in each
performance category, to the department. The results provided
may not include the names or any other personally identifiable
information regarding certificated employees.
(b) Before September 1 of each year, the department shall
publish the results of staff performance evaluations by:
(1) certificated employees of each school and school
corporation; and
(2) graduates of each teacher preparation program in
Indiana.
(1) Health and safety requirements.
(A) focuses on academic performance; and
(B) is consistent with metrics for improvement.
(1) prescribe duties for the state attendance officer not provided by law;
SECTION 36. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 20-25-13-1; IC 20-28-1-1.5; IC 20-28-2-2; IC 20-28-2-3; IC 20-28-2-4; IC 20-28-2-5; IC 20-28-11.
