2005 Digest of New K-12 Education Laws
Last Updated: December 28, 2005

The 2005 session of the Indiana General Assembly adjourned sine die on Friday, April 29, 2005. The following is a summary of bills that the Indiana Department of Education tracked through the legislative process during the 2005 session. Overall, 1,517 bills were introduced this session, and 248 bills were enacted. This summary includes a synopsis of 17 new laws.

K-12 Education Legislation

Senate Enrolled Act 200 (PL 105-2005)
Core 40 Curriculum
Author: Senator Lubbers
Beginning with the 2010-2011 school year, requires, with certain exceptions, a student to complete the Core 40 curriculum in order to graduate from high school. Beginning with the 2011-2012 academic year, requires, with certain exceptions, a student to have completed the Core 40 curriculum to be admitted to a four-year degree program in a state educational institution. Requires the Department of Education to conduct a study to determine whether a shortage of math, science, and special education teachers exists. Makes transitional provisions maintaining the current standards until the new standards take effect.
Effective Date: July 1, 2005
Signed by the Governor: April 27, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0200.1.pdf

Senate Enrolled Act 285 (PL 106-2005)
Bullying
Authors: Senator Wyss, Senator Lubbers
Defines "bullying", and requires a school corporation to adopt rules to prohibit bullying. Allows the use of grants from the safe schools fund to provide education and training to school personnel concerning bullying, and requires the inclusion of anti-bullying training in school safety specialist education. Requires each school to establish a safe school committee.
Effective Date: July 1, 2005
Signed by the Governor: April 27, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0285.1.pdf

Senate Enrolled Act 301 (PL 65-2005)
Cheerleading Safety
Author: Senator Clark
Requires the State Board of Education to develop standards and guidelines concerning cheerleading safety in schools.
Effective Date: July 1, 2005
Signed by the Governor: April 25, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0301.1.pdf

Senate Enrolled Act 326 (PL 76-2005)
Information Concerning Meningococcal Meningitis
Author: Senator Server
Requires public and nonpublic schools to distribute materials concerning meningococcal meningitis and its vaccines. Requires the Department of Education to develop the material to be distributed. Provides for medication possessed by a school for administration to a student to be released to the student's parent or an individual who is at least 18 years of age or sent home with the student, if the student's parent provides written permission.
Effective Date: July 1, 2005
Signed by the Governor: April 25, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0326.1.pdf

Senate Enrolled Act 332 (PL 78-2005)
Pledge of Allegiance, Flags, and Moment of Silence
Author: Senator MR Young
Requires a United States flag to be displayed in each classroom of a school corporation. Requires a school corporation to provide a daily opportunity for students to voluntarily recite the Pledge of Allegiance. Provides an exemption for students who choose (or whose parents choose for them) not to participate in the Pledge. Requires a school corporation to establish a daily moment of silence in each classroom or on school grounds. Repeals a law allowing an optional brief period of silent prayer or meditation. Requires the attorney general to defend a school corporation in a civil suit based on an act authorized under these provisions.
Effective Date: July 1, 2005
Signed by the Governor: April 25, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0332.1.pdf

Senate Enrolled Act 372 (PL 89-2005)
Transfer Tuition
Author: Senator Kenley
Specifies that if a transferor school corporation fails to take action within thirty (30) days after receipt of a transfer tuition request, the request is considered approved. Provides that a student who is placed in a facility, a home, or an institution may attend school in the school corporation in which the facility, home, or institution is located, and that the state is required to pay transfer tuition for the student if no other person or entity is required to pay the student's transfer tuition.
Effective Date: July 1, 2005
Signed by the Governor: April 26, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0372.1.pdf

Senate Enrolled Act 397 (PL 231-2005)
Various Matters Concerning Education
Author: Senator Landske
Specifies that, if the governing bodies of two or more school corporations agree to cooperate and apportion the cost of vocational education schools or departments, the designated representatives of the school corporations constitute a board for the management of the schools or departments. Specifies the criminal intent necessary to commit crimes involving: (1) postsecondary proprietary educational institution accreditation; and (2) school bus use. Specifies that a principal and not the governing body of a school corporation submits information to the bureau of motor vehicles concerning: (1) an individual's ineligibility to be issued a driver's license or learner's permit; and (2) the invalidation of a license or permit. Repeals obsolete or superseded provisions, including provisions concerning purchase of textbooks, school taxing powers, school reorganization, school bonding, transportation of pupils, county schools, and annexation of territory. Makes conforming amendments.
Effective Date: July 1, 2005
Signed by the Governor: May 12, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0397.1.pdf

Senate Enrolled Act 433 (PL 164-2005)
State Poet Laureate
Author: Senator Lubbers
Establishes a process for selecting a state poet laureate. Specifies the duties and compensation of the poet laureate. Provides that the person honored as the poet laureate by the House of Representatives in 2002 is entitled to serve as the first poet laureate.
Effective Date: July 1, 2005
Signed by Governor: May 6, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0433.1.pdf

Senate Enrolled Act 529 (PL 234-2005)
Department of Child Services and Various Human Services
Author: Senator Lawson
Provides for review by the Department of Local Government Finance if a county does not levy the amount necessary to pay for child services or children's psychiatric residential treatment services. Extends the expiration of the office of the secretary of family and social services and its divisions to January 1, 2008. Establishes the Department of Child Services and moves specified duties and services to the department. Adds references to the state central collection unit concerning income withholding by employers for child support payments and allows the Department of Child Services to assess a civil penalty of $25 per obligor per pay period against certain income payers that do not make the payment through electronic funds transfer. Renames the Division of Family and Children to the Division of Family Resources and renames the division's bureaus. Authorizes the state to procure child services and other related services on behalf of a county. Establishes the select committee on the reorganization of child services and assigns committee duties. Requires a juvenile court to appoint a guardian ad litem for a child in need of services in certain situations. Establishes the child support bureau within the Department of Child Services. Provides immunity to the director and employees of the Department of Child Services. Provides that a reference to the Division of Family and Children is to be construed as a reference to the Department of Child Services in certain statutes. Requires local child protection services to maintain sufficient staff. Requires the Department of Child Services to make certain reports to the budget committee and the legislative council. Changes the expiration of a license for a child caring institution and of a foster family home license from two to four years. Requires the Department of Child Services to adopt rules governing the number of hours required for foster parent training. Allows the State Police to conduct a name based criminal history check of persons who reside in a location where a child will be placed under certain circumstances. Requires the State Police to verify the name based criminal history check through fingerprint identification, and permits a person who believes that the results of the name based criminal history check are incorrect to challenge the results by submitting the person's fingerprints. Removes a provision authorizing the Division of Family and Children or a juvenile probation officer to directly conduct a criminal history check, requiring instead that the juvenile probation officer or Division of Family and Children caseworker request that the state police conduct the criminal history check. Specifies that the Department of Child Services, a local child protective service, a local child fatality review team, or the statewide child fatality review committee must disclose certain redacted records concerning the death or near fatality of a child regardless of when the records were created. Provides that certain information concerning the death or near fatality of a child is not required to be redacted. Requires a local child fatality review team and the statewide child fatality review committee to review records concerning a child whose death may have been the result of abuse or neglect. Specifies the circumstances under which a child's death may have been the result of abuse or neglect. Requires the Department of Child Services, the Department of Education, the Department of Correction, and the Division of Mental Health to develop and coordinate the children's social, emotional and behavioral health plan. Requires the office of Medicaid policy and planning to apply for a Medicaid waiver to provide coverage for mental health services to a special needs adopted child who is not more than 18 years of age. Permits a licensed collection agency to collect child support arrearages in certain situations. Provides that the Child Support Bureau has certain duties concerning the collection of child support arrearages by a licensed collection agency. Provides that each county auditor shall keeps records and make reports related to certain transactions and funds as required by the Department of Child Services. Provides that the director of the Department of Child Services is to be consulted in the appointment of a director of a county office of the Division of Family Resources. Repeals: (1) statutes that require county offices of family and children to establish a local child protection service; (2) the designation of the child support bureau within the Division of Family and Children as the state's designated Title IV-D agency; (3) duplicate provisions related to certain reports; and (4) statutes concerning provisional licenses for foster homes, group homes, child caring institutions, and child placing agencies. Makes technical corrections.
Date Effective: July 1, 2006
Signed by the Governor: May 12, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0529.1.pdf

Senate Enrolled Act 569 (PL 110-2005)
Safety of Children During Storms
Author: Senator Miller
Requires the state Department of Health to adopt guidelines concerning the safety of children during bad weather conditions and to distribute the guidelines to the Department of Education and make the guidelines available to certain persons.
Effective Date: July 1, 2005
Signed by the Governor: April 27, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0569.1.pdf

Senate Enrolled Act 598 (PL 169-2005)
Charter Schools
Author: Senator Lubbers
Requires the Department of Education to publish in its school performance reports, in addition to ISTEP scores, any nationally recognized comprehensive assessment program data submitted by a school corporation, including a charter school. Increases the review period for applications to become a charter school. Allows a charter school to provide online and computer instruction in the same manner as other public schools. Requires the Department of Education to obtain federal funding for charter schools. Indicates that a charter school may use a private auditor and prepare financial reports in addition to audits and financial reports required by the state board of accounts. Provides that the law governing grants to alternative school programs applies to charter schools. Allows the common school fund interest balance to be used for charter school facility financing.
Date Effective: May 6, 2005
Signed by the Governor: May 6, 2005
http://www.in.gov/legislative/bills/2005/PDF/SE/SE0598.1.pdf

House Enrolled Act 1001 (PL 246-2005)
State Budget
Author: Representative Espich
Appropriates money to carry on state government and make various distributions to schools and other political subdivisions. Provides that the Department of Education rather than the Professional Standards Board governs education, licensing, and professional development of teachers. Changes the kindergarten start date. All academic honors award money must be used for instruction or administration purposes
Date Effective: July 1, 2005
Signed by the Governor: May 13, 2005
http://www.in.gov/legislative/bills/2005/PDF/HE/HE1001.1.pdf

House Enrolled Act 1288 (PL 1-2005)
Title 20 Recodification
Author: Representative Foley
Recodifies Title 20 concerning elementary and secondary education to reorganize and restate the law without substantive change. Repeals current Title 20 provisions. Makes conforming amendments. (The introduced version of this bill was prepared by the code revision commission.)
Date Effective: July 1, 2005
Signed by the Governor: April 25, 2005
http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2005&request=getBill&docno=1288

House Enrolled Act 1314 (PL 218-2005)
Various Matters Concerning Education (Postsecondary Program for High School Students)
Author: Representative Behning
Changes the name of the School for the Blind to the School for the Blind and Visually Impaired. Makes certain changes to the qualifications for the superintendents of the School for the Blind and Visually impaired and the School for the Deaf, and changes the title of "superintendent" to "chief executive officer" for each school. Eliminates the requirement of approval from a school superintendent and a representative of a school corporation for a high school student to enroll in the postsecondary enrollment program. Requires a school corporation and a postsecondary institution to enter into a contract concerning credits for a student attending the postsecondary institution while the student is also attending secondary school.
Effective Date: July 1, 2005
Signed by the Governor: May 11, 2005
http://www.in.gov/legislative/bills/2005/PDF/HE/HE1314.1.pdf

House Enrolled Act 1394 (PL 220-2005)
Public pensions; deferred compensation plans
Author: Representative Behning
Allows a political subdivision to offer to its employees both the state employees' deferred compensation plan (state plan) and a deferred compensation plan that is adopted by the political subdivision and uses one or more private vendors. Requires the board of trustees of the public employees' retirement fund (PERF) to establish a retirement medical benefits account (account) within the PERF under Section 401(h) or as a separate fund under another applicable section of the Internal Revenue Code, for the purpose of converting unused excess accrued leave to a monetary contribution for state employees to fund on a pretax basis benefits for post-retirement sickness, accident, hospitalization, and medical expenses of the state employees, their spouses, and their dependents. Requires that state employees be able to convert unused accrued excess leave to either the state plan or the account. Requires that the deferred compensation committee adopt, and the state auditor administer, a pilot program that allows the employees of at least one branch of state government to convert unused accrued excess leave to a monetary contribution to the state plan not later than December 31, 2005. Allows a member of the teachers' retirement fund who is receiving a retirement benefit and is a party in an action for dissolution of marriage to elect, before January 1, 2006, in certain circumstances to change the member's designated beneficiary or form of benefit. Extends the pilot program for the defined contribution plan of the legislators' retirement system until July 1, 2006. Provides that a monthly pension paid after the date of remarriage and before July 1, 2005, to a surviving spouse of an employee beneficiary who was a member of a sheriff's retirement plan (surviving spouse) shall be treated as properly paid. For a surviving spouse whose monthly pension ceased on the date of remarriage, reinstates on July 1, 2005, the surviving spouse's monthly pension.
Effective Date: July 1, 2005
Signed by the Governor: May 11, 2005
http://www.in.gov/legislative/bills/2005/PDF/HE/HE1394.1.pdf

House Enrolled Act 1488 (PL 182-2005)
Teacher Training Concerning Phonologic Weakness
Author: Representative Behning
Requires the Department of Education to establish guidelines for training of teachers concerning phonologic weakness. Requires the department to adopt reading instruments to diagnose reading development and comprehension.
Date Effective: July 1, 2005
Signed by the Governor: May 6, 2005
http://www.in.gov/legislative/bills/2005/PDF/HE/HE1488.1.pdf

House Enrolled Act 1794 (PL 242-2005)
Various Matters Concerning Education (Graduation Rate Determination)
Author: Representative Behning
Requires schools to report the reasons for student suspensions and expulsions to the Department of Education, and to categorize suspended and expelled students by gender, ethnicity, and disability status. Authorizes an agreement for court assisted resolution of suspension and expulsion cases between a court having juvenile jurisdiction and a public school corporation. Provides that the court shall either supervise the student or order the supervision of the student. Provides that the court and the school corporation may jointly determine which violations leading to suspension or expulsion are eligible for referral to the court. Provides that the school corporation and the court shall determine how the costs of supervising a student under the agreement shall be paid. Allows the school corporation to disclose the education records of a student who has been suspended or expelled to a court. Provides that a parent or guardian has the right to be present during the student's appearance, and may be required to be present during the student's appearance. Requires that the discipline rules adopted by a school's governing body define "habitual truant" to include, at a minimum, a student who has more than ten unexcused absences in a school year. Permits a public school student who is at least 16 years of age and less than 18 years of age to withdraw from school by: (1) attending an exit interview; (2) obtaining the consent of the student's parent; and (3) obtaining the consent of the school principal. Requires that the school principal provide the student and the student's parent with information concerning the consequences of dropping out of school during the exit interview, and to provide the Department of Education with the number of students who withdraw from school. Includes certain additional groups of students in the determination of a school's graduation rate. Establishes certain procedures concerning a student who has left school and whose location is unknown to the school. Allows a school to establish a flexible instruction program for certain high school students. Makes technical corrections to conform with the Title 20 recodification.
Effective Date: July 1, 2005
Signed by the Governor: May 12, 2005
http://www.in.gov/legislative/bills/2005/PDF/HE/HE1794.1.pdf