Indiana Department of Education
2001 Legislative Agenda
Dr. Suellen Reed, Superintendent of Public Instruction

TO: Educators, Students, and Citizens

FROM: Dr. Suellen Reed, Superintendent of Public Instruction

DATE: May 18, 2001

RE: 2001 Digest of New K-12 Education Laws Passed by the Indiana General Assembly

The 2001 session of the Indiana General Assembly adjourned on Sunday, April 29, 2001. The following is a summary of education, or child related bills, which the Indiana Department of Education has been tracking. Overall, 1,756 bills were introduced this session, and about 290 bills were enacted. This summary includes a synopsis of 29 bills:

Senate Enrolled Act 33 - Intimidation and threats. Author: Sen. C. Meeks

Requires the reporting of a threat received by a school employee or intimidation of a school employee. Amends the statute defining the crime of intimidation to make it a Class A misdemeanor for a person to communicate a threat to another person with the intent of causing a structure or vehicle to be evacuated and a Class D felony to communicate the threat by using school or other governmental property, including electronic equipment or systems. Effective July 1, 2001 - Signed by the Governor May 11, 2001

Senate Enrolled Act 376 - School discipline policies. Authors: Wyss, Sipes, Gard

Provides that a school corporation's discipline policy must allow a student with an acute or chronic disease or medical condition to possess and self-administer medication that must be administered on an emergency basis while the student is on school grounds or off school grounds at a school activity, function, or event if the student's parent files an annual authorization that includes a written statement from the student's physician for the student to self-administer the medication. Prohibits a school from sending medication home with a student, except medication possessed by a student for self-administration under IC 20-8.1-5.1-7.5. Specifies individuals to whom medication may be released. Provides that a school or school board is not civilly liable for damages as a result of self-administration in compliance with the law except for gross negligence or willful and wanton misconduct. Requires a school superintendent or designee to immediately notify law enforcement authorities if a student brings a firearm or bomb onto school property or is in possession of a firearm or bomb on school property. Provides that the superintendent or superintendent's designee may give similar notice if a deadly weapon other than a firearm or bomb is involved. Requires a law enforcement agency that receives notice from a superintendent to investigate and take appropriate action. Removes a requirement that the superintendent notify the county prosecutor in similar situations. Effective July 1, 2001 - Signed by the Governor May 11, 2001

Senate Enrolled Act 445 - Criminal history checks. Authors: Nugent, C. Meeks, M. Young, Wyss, Waterman, Craycraft

Specifies that a state or governmental entity may obtain the release of limited criminal history for an applicant for employment with the entity. Specifies that a school corporation, nonpublic school, or special education cooperative may obtain without charge the limited criminal history of a prospective employee from a law enforcement agency. Allows a qualified entity to request from the state police department a national criminal history background check regarding a person who: (1) seeks to be employed with the entity or has been employed by the entity for not more than three months; or (2) seeks to volunteer with an entity, if the request is made not later than three months after the person initially volunteers with the qualified entity. Effective Upon Passage - Signed by Governor May 11, 2001

Senate Enrolled Act 501 - Transportation of children. Authors: Rogers, Landske, Antich

Provides that a preschool operated by a school corporation, a public elementary school, a public secondary school, or a child-care center is not prohibited from contracting with a common carrier for incidental charter bus service for non-regular transportation, as long as the carrier and the carrier's motor coach complies with federal safety regulations. Requires a person that transports children in the care of a preschool operated by a school corporation, a public elementary school, or a public secondary school to transport the children in a school bus or, in certain circumstances permitted under Indiana law, a special purpose bus. Amends the definition of "special purpose bus" to mean a vehicle that accommodates more than 10 passengers and meets federal school bus safety requirements with the exception of requirements of a signal arm and flashing lamps. Provides that if before July 1, 2001, a person owns a vehicle other than a school bus or a special purpose bus that is used to transport school children, the vehicle may be used to transport children until June 30, 2006. Effective July 1, 2001 - Signed by the Governor May 11, 2001

Senate Enrolled Act 538 - Children's services. Author: Johnson

Provides for the division of mental health to award grants to local units of government for the establishment of local programs responsible for developing a coordinated, family centered, community based system of services for children with serious emotional disturbances and for their families. Provides that the division of family and children may not initiate a court proceeding to terminate parental rights or transfer legal custody, or require a parent to agree to the termination of parental rights or transfer of custody, of a child with certain disorders who is voluntarily placed out of the home in order to receive treatment. Requires the division and parent to sign a voluntary placement agreement. (The introduced version of this bill was prepared by the Indiana commission on mental health.) Effective July 1, 2001 - Signed by the Governor May 11, 2001

House Enrolled Act 1084 - Curfew for minors. Authors: Cheney, Foley, Pond, Kruse

Makes additional defenses available to a child who is cited for a curfew violation, including engaged in an activity protected by federal or state law, including conduct involving the free exercise of religion, freedom of speech, and the right of assembly. Specifies that unless necessary to protect a child or the community, a law enforcement officer detaining a child for a curfew violation shall make a good faith effort to release the child to the child's parent, guardian, or custodian. Effective Upon Passage - Signed by Governor May 1, 2001

House Enrolled Act 1600 - Local government pensions; education. Authors: Porter, Sturtz

Local government pensions; education. Requires a program in health and physical fitness for children in Kindergarten through Grade 12 established by the Department of Education to include cardiopulmonary resuscitation training using a program approved by the American Heart Association or other nationally recognized training program. Effective July 1, 2001 - Signed by the Governor May 10, 2001

House Enrolled Act 1663 - Purchasing preference for calcium rich foods. Authors: Friend, C. Brown, Scholer, Klinker

Provides, for purposes of the purchase of food or beverages to be served in a building or room owned or operated by a governmental entity, that a purchasing agent shall give a preference to foods and beverages that: (1) contain a higher level of calcium than products of the same type and quality; and (2) are equal in price to or lower in price than products of the same type and quality. Makes an exception for specified state institutions in certain situations and for contracts for the purchase of supplies that were entered into before July 1, 2001. Effective July 1, 2001 - Signed by the Governor May 10, 2001

House Enrolled Act 1942 - Sexual misconduct with a minor. Authors: Budak, Becker, Dvorak

Defines sexual misconduct with a minor as a Class A felony as a crime of violence. Provides that a person employed in a state agency who works with or around children shall be dismissed if the person has a conviction for sexual misconduct with a minor as a class A or B felony. Includes sexual misconduct with a minor as a class A or B felony as a crime that may be included in a limited criminal history. Expands the definition of child-care worker to include a teacher for purposes of the sexual misconduct with a minor statute. Includes attempted murder in the "crimes of violence" statute. Effective July 1, 2001 - Signed by the Governor May 10, 2001

Senate Enrolled Act 137 - School latch-key programs. Authors: Lawson, Hume

Requires the contract between a school corporation and an entity providing a program of before and after school care (commonly called a "latch-key" program) to be in writing and to be subject to bidding. Exempts a latch-key program from licensure as a child-care facility, but requires it to comply with guidelines developed by the Department of Education and the school corporation in which the program is operated. Effective July 1, 2001 - Signed by the Governor May 1, 2001

Senate Enrolled Act 165 - Charter Schools. Authors: Lubbers, Porter

Amends the law concerning Indianapolis Public Schools (IPS) to make the provisions concerning student standards, improvement, and accountability consistent with provisions applicable to other school corporations. Provides for collective bargaining and discussion rights for school employees, including charter school employees and employees of IPS. Defines a "sponsor" as: (1) the governing body of a school corporation; (2) the mayor of Indianapolis; or (3) state universities. Sets forth the organization, powers, method of establishment, charter contents, policies, oversight, and restrictions for charter schools. Requires teachers in a charter school to hold a license to teach in a public school or be participating in the transition to teaching program. Provides that if a school corporation eliminates a teaching position in a noncharter school because of a charter school, the legal or contractual provisions, if any, otherwise applicable to the teacher whose contract is canceled, continue to apply to that teacher. Allows the conversion of an existing public school to a charter school if at least 60 percent of the teachers and 51 percent of the parents approve of the conversion. Establishes the transition to teaching program to provide an alternative method through which professionals may obtain a teaching license. Appropriates $50,000 in each year of the biennium to the Department of Education for its responsibilities under the charter school law and to provide advisory assistance concerning charter schools. Makes conforming amendments to related statutes. Effective Upon Passage - Signed by Governor May 2, 2001

Senate Enrolled Act 204 - Release of FERPA information. Authors: Lubbers, Zakas

Authorizes a school corporation or other entity to which the federal Family Educational Rights and Privacy Act (FERPA) applies to release education records to a juvenile justice agency. The disclosure or reporting is to assist the juvenile justice system to serve, before adjudication, the student whose records are being released. Effective July 1, 2001 - Signed by the Governor May 11, 2001

Senate Enrolled Act 505 - Parental involvement in education. Authors: Breaux, Sipes

Sets forth provisions that a school's strategic and continuous school improvement and achievement plan may include to encourage parental involvement in the school. Requires the Department of Education to make models of parental involvement plans available to schools for use in developing plans. Allows a school to develop a written compact between the school, the teachers, students, and students' parents setting forth expectations for students, parents, teachers, and the school. Requires each party to the compact to make a reasonable effort to comply with the compact. Effective July 1, 2001 - Signed by the Governor May 11, 2001

House Enrolled Act 1971 - Education issues. Authors: V. Smith, Dillion

Provides that a school principal's performance evaluation may not be based wholly on ISTEP scores of students in the principal's school, but that the scores may be used as one factor in the evaluation. Includes methods of conflict resolution in the definition of "good citizenship instruction." Requires the Department of Education to identify and make available to school corporations models of conflict resolution instruction, which may consist of a program of teacher training with application of the techniques to the children in the classroom, by May 1, 2002. Requires the Department of Education to conduct a pilot program testing different formulas for determining graduation rates of high school students who anticipate graduating in the 2005-06 school year. Effective July 1, 2001 - Signed by the Governor May 10, 2001

House Enrolled Act 1001 - State budget. Authors: Bauer, Espich

Appropriates state money for the biennium beginning July 1, 2001, and ending June 30, 2003. For purposes of the school funding provisions: (1) changes the dollar amounts used in the calculation of a school corporation's target revenue per ADM; (2) provides that the minimum guaranteed amount of a school corporation's target revenue per ADM in 2002 and 2003 is equal to the previous year revenue increased by 2 percent, then divided by the current year adjusted ADM; and (3) amends the provisions concerning calculation of target general fund property tax rates. Includes a new index based on a school corporation's at-risk index, the percentage of the school corporation's students who are eligible for free lunches, and the percentage of the school corporation's students who are classified as having limited proficiency in English. Increases the amounts of the special education grants for pupils with severe disabilities, pupils with mild and moderate disabilities, and pupils in homebound programs in 2002 and 2003. Increases the amounts of the at-risk program grant in 2002 and 2003. Increases the amounts of the honors diploma grant in 2002 and 2003. Adjusts the calendar year caps for school funding distributions. Provides that a school corporation's funding under the primetime program may not increase by more than 7.5 percent over the amount received by the school corporation under the program in the preceding year. Amends a provision in the primetime distribution formula to allow schools, that did not participate in the primetime funding program in 2000, to receive a distribution in 2001 and in following years. Increases the staff cost amount used in calculating primetime distributions. For purposes of the vocational education formula that becomes effective in 2002, requires the department of workforce development to provide the Department of Education with a report listing whether the Indiana average wage level for each generally recognized labor category is a high wage, a moderate wage, or a less than moderate wage. Uses this wage report (along with the reports categorizing vocational education programs by employment demand) in determining the amount of the vocational education grants. Increases vocational education funding per pupil from $230 to $250 for pupils enrolled in programs not covered by the employment demand categories. Eliminates the vocational education funding component for pupils receiving a certificate of achievement. Provides vocational education funding of $150 per pupil for pupils participating in a vocational education program in which pupils from multiple schools are served at a common location. Provides that in 2002 and 2003, a school corporation is guaranteed funding equal to at least 85 percent of the vocational education funding received by the school corporation in 2001. Provides that a child must be at least five years of age on July 1 to officially enroll for the particular school year in a kindergarten program offered by a school corporation. (Current law requires that a child must be at least five years of age on June 1 to officially enroll in a kindergarten program.) Some provisions effective upon passage, other provisions effective July 1, 2001

Senate Enrolled Act 107 - Public pensions. Authors: Harrison, Craycraft

Specifies that the additional annuity savings account contributions that may be made by a PERF member or a TRF member may not exceed 10 percent of the member's compensation. Reimposes an annual earnings limit of $25,000 on a retired member (other than an employee of the Department of Education) of PERF or TRF who has not attained the Social Security normal retirement age for unreduced benefits. Provides that if such a retired member is reemployed in a position (other than with the Department of Education) covered by PERF or TRF and earns more than $25,000 in a year, the member's retirement benefit is suspended. Provides that a retired member who has attained normal retirement age for unreduced benefits may be reemployed in a covered position without a suspension of retirement benefits. Permits a PERF or TRF fund member to direct that the member's retirement benefits be paid to a revocable trust. Other provisions of the bill are not included in this summary; see bill for more detail. Section 4 retroactive to January 1, 2001; other sections effective on July 1, 2001 - Signed by the Governor on May 11, 2001

Senate Enrolled Act 176 - Local rainy day funds. Authors: Kenley, Skillman

Allows a political subdivision to establish a rainy day fund. Provides that a rainy day fund established by a political subdivision consists of the unused and unencumbered balance that is: (1) remaining in a fund consisting of amounts raised by a general or special tax levy on all the taxable property of the political subdivision; and (2) transferred by the political subdivision to the political subdivision's rainy day fund. Limits the amount that may be transferred to the rainy day fund to not more than 10 percent of the political subdivision's budget for that fiscal year. Effective July 1, 2001 - Signed by the Governor on May 11, 2001

Senate Enrolled Act 199 - Funding of retirement and severance benefits. Author: Kenley

Provides that if a school corporation establishes after June 30, 2001, a retirement or severance plan or enters into any contract provisions that: (1) will increase the benefit or the unfunded liability under any retirement of severance provisions that will require the school corporation to pay post-retirement or severance benefits to employees of the school corporation, the school corporation must actuarially fund the post-retirement or severance benefits. Authorizes school corporations to issue bonds to implement solutions to contractual retirement or severance liability as it existed on June 30, 2001. Provides that those school corporations may issue bonds for this purpose only one time, and the bonds must be issued before December 31, 2003. Requires a reduction in property tax levies for the school corporation's other funds in an amount equal to the property tax levy needed for the debt service on the bonds. Effective July 1, 2001 - Signed by the Governor May 11, 2001

Senate Enrolled Act 454 - Board of accounts matters. Author: Adams

Makes various changes concerning school accounting and school business officers. Removes provisions requiring certain money to be deposited in the school technology fund. Effective Upon Passage - Signed by Governor May 1, 2001

House Enrolled Act 1096 - Fiscal year budgeting for schools. Author: Bauer

Changes the South Bend Community School Corporation's budget year from a calendar year to a school year, effective in 2002. Provides for the conversion from the calendar year budget to a school year budget by requiring the South Bend Community School Corporation to prepare an initial school year budget (2002) that is consistent with and overlaps the last six months of the 2001calendar year budget. Effective January 1, 2001 (retroactive); January 1, 2002 - Signed by Governor May 10, 2001

House Enrolled Act 1815 - PERF and TRF. Authors: Tincher, Scholer, Leuck, Crosby

Public pensions. Provides a 1 percent cost of living adjustment (COLA) in 2001 to members of the public employees' retirement fund (PERF) and members of the Indiana state teachers' retirement fund (TRF) (or their survivors or beneficiaries) who retired or were disabled before July 2, 1999. Provides a supplemental "thirteenth check" benefit to retired teachers and certain retired public employees (or their survivors or beneficiaries) on November 1, 2001, and on November 1, 2002. Effective: July 1, 2001; July 1, 2002 - Signed by Governor May 11, 2001

House Enrolled Act 2108 - College savings tax deduction. Authors: Klinker, Turner, Harris, Buell

Exempts distributions from an Indiana family college savings account used to pay qualified higher education expenses from the Indiana adjusted gross income tax. Effective January 1, 2002 - Signed by Governor April 12, 2001

House Enrolled Act 2126 - Education matters. Authors: Ayres, Welch, Day

Continues the current allocation of the fees collected for the education license plates as follows: (1) 25 percent to the school intervention and career counseling development program; and (2) 75 percent to local education foundations. Includes in the school corporation annual report the Scholastic Aptitude Test scores for students completing the academic honors diploma program. Establishes the school grant writing and fund raising assistance program administered by the Department of Education. Establishes the elementary school counselors, social workers, and school psychologists program and fund administered by the Department of Education. Establishes educational requirements for school social workers. Lists the information that must be published in the school corporation annual report of September 2001. Effective July 1, 2001 - Signed by the Governor May 10, 2001

House Enrolled Act 1156 - Increases the fee for registration of a motorcycle from $15 to $17. Authors: Cook, Ruppel, Mannweiler, Bottorff

The revenue from this fee shall be allocated as follows: Increase from $5 to $7 to the motorcycle operator safety education fund administered by the Indiana Department of Education under IC 20-10.1-7-14. Effective July 1, 2001 - Signed by the Governor May 2, 2001

House Enrolled Act 1417 - Parents as teachers programs. Authors: Ayers, Klinker, Budak

Specifies that parents as teachers programs are included among the parent information programs eligible to receive step ahead early childhood grant funds. Effective July 1, 2001 - Signed by the Governor April 18, 2001

House Enrolled Act 1647 - Medicaid waivers. Authors: Summers, Alderman, Oxley, Atterholt

Requires the office of Medicaid policy and planning (office) to request an amendment to the autism waiver to provide coverage for applied behavior analysis treatment. Effective July 1, 2003: (1) requires the office to request an amendment to the autism waiver to increase by 200 the total number of waiver slots; and (2) appropriates from the state general fund an amount sufficient to increase the number of individuals served under the waiver. Requires the office to apply for approval of a waiver to provide coverage for dental and vision services under the children's health insurance program (CHIP) to a child who has health insurance coverage but does not have coverage for dental services or vision services and is otherwise eligible for coverage under CHIP. (The introduced version of this bill was prepared by the Indiana commission on autism.) Effective July 1, 2001 - Signed by the Governor May 10, 2001

House Enrolled Act 1849 - Gary School board. Author: C. Brown

Provides for the election of the member of the governing body of the Gary school corporation who is currently appointed by the mayor of the city of Gary. Specifies when vacancies occur in the governing body, including whenever a member ceases to be a resident of the school corporation, whenever a member moves from the school district in which the member was elected, and whenever a member fails to attend, except for chronic illness, six regularly scheduled meetings in any 12 month period. Effective July 1, 2001; July 1, 2002 - Signed by Governor May 10, 2001

House Enrolled Act 1925 - Employee health benefits for local governmental units. Authors: Moses, Lytle, D. Young

Allows active and retired employees of local governmental units to participate in a state employee health benefit plan. Requires the state personnel department to provide a monthly enrollment period for local governmental units that elect to participate in a state employee health benefit plan. Effective July 1, 2001 - Signed by the Governor May 11, 2001

House Enrolled Act 2014 - Technology plan grants. Authors: Porter, Atterholt

Provides that for purposes of the technology plan grant program, the Indiana School for the Deaf and the Indiana School for the Blind are considered "school corporations" and are eligible to receive grants. Effective July 1, 2001 - Signed by the Governor May 10, 2001