Reprinted

April 12, 2001





ENGROSSED

SENATE BILL No. 445

_____


DIGEST OF SB 445 (Updated April 11, 2001 5:14 PM - DI 97)



Citations Affected: IC 5-2; IC 11-10; IC 12-24; IC 16-33; IC 20-5; IC 20-12; IC 20-15; IC 20-16; IC 20-17.

Synopsis: Criminal history checks. 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. Specifies that a special education cooperative may obtain without charge the limited criminal history of an adult volunteer from a law enforcement agency. Allows a qualified entity to request the state police department for a national criminal history background check regarding a person who: seeks to be employed with the entity or who has been employed by the entity for
(Continued next page)

Effective: September 10, 1999 (retroactive); upon passage; July 1, 2001.





Nugent, Meeks C, Young R Michael, Wyss, Waterman, Craycraft
(HOUSE SPONSORS _ BISCHOFF, HOFFMAN)




    January 18, 2001, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    March 1, 2001, amended, reported favorably _ Do Pass.
    March 5, 2001, read second time, ordered engrossed. Engrossed.
    March 6, 2001, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    March 12, 2001, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.
    April 5, 2001, amended, reported _ Do Pass.
    April 11, 2001, read second time, amended, ordered engrossed.





Digest Continued

not more than three months; or (2) seek s to volunteer with an entity or who has volunteered for not more than three months. Provides that all victims of the same violent crime who file a claim for compensation from the violent crime victims compensation fund must receive an amount of money that is equal to the highest award received by any of the victims, and allows for a claimant to file an application for additional funds. Specifies that educational programs at state institutions may be provided by a public or private entity and must be: (1) consistent with the state's academic standards; (2) offered in a manner that allows the student to qualify for a high school diploma; and (3) provided by licensed teachers. Adds a chapter to the Indiana education law concerning classification, representation, and discipline of educational employees, including a hearing procedure. Makes related changes.


Reprinted

April 12, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.


ENGROSSED

SENATE BILL No. 445



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

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

    SECTION 1. IC 5-2-5-1, AS AMENDED BY P.L.24-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The following definitions apply throughout this chapter:
        (1) "Limited criminal history" means information with respect to any arrest, indictment, information, or other formal criminal charge, which must include a disposition. However, information about any arrest, indictment, information, or other formal criminal charge which occurred less than one (1) year before the date of a request shall be considered a limited criminal history even if no disposition has been entered.
        (2) "Bias crime" means an offense in which the person who committed the offense knowingly or intentionally:
            (A) selected the person who was injured; or
            (B) damaged or otherwise affected property;
        by the offense because of the color, creed, disability, national origin, race, religion, or sexual orientation of the injured person

or of the owner or occupant of the affected property or because the injured person or owner or occupant of the affected property was associated with any other recognizable group or affiliation.
        (3) "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children less than eighteen (18) years of age.
        (4)
"Council" means the security and privacy council created under section 11 of this chapter.
        (4) (5) "Criminal history data" means information collected by criminal justice agencies, the United States Department of Justice for the department's information system, or individuals. The term consists of the following:
            (A) Identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges.
            (B) Information regarding an offender (as defined in IC 5-2-12-4) obtained through sex offender registration under IC 5-2-12.
            (C) Any disposition, including sentencing, and correctional system intake, transfer, and release.
         (6) "Certificated employee" has the meaning set forth in IC 20-7.5-1-2.
        (5) (7) "Criminal justice agency" means any agency or department of any level of government whose principal function is the apprehension, prosecution, adjudication, incarceration, probation, rehabilitation, or representation of criminal offenders, the location of parents with child support obligations under 42 U.S.C. 653, the licensing and regulating of riverboat gambling operations, or the licensing and regulating of pari-mutuel horse racing operations. The term includes the Medicaid fraud control unit for the purpose of investigating offenses involving Medicaid. The term includes a nongovernmental entity that performs as its principal function the:
            (A) apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal offenders;
            (B) location of parents with child support obligations under 42 U.S.C. 653;
            (C) licensing and regulating of riverboat gambling operations; or
            (D) licensing and regulating of pari-mutuel horse racing operations;
        under a contract with an agency or department of any level of government.


        (6) (8) "Department" means the state police department.
        (7) (9) "Disposition" means information disclosing that criminal proceedings have been concluded or indefinitely postponed.
        (8) (10) "Inspection" means visual perusal and includes the right to make memoranda abstracts of the information.
        (9) (11) "Institute" means the Indiana criminal justice institute established under IC 5-2-6.
        (10) (12) "Law enforcement agency" means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders.
         (13) "National criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.
        (14) "Noncertificated employee" has the meaning set forth in IC 20-7.5-1-2.

        (11) (15) "Protective order" has the meaning set forth in IC 5-2-9-2.1.
         (16) "Qualified entity" means a business or an organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care or care placement services, including a business or an organization that licenses or certifies others to provide care or care placement services.
        (12) (17) "Release" means the furnishing of a copy, or an edited copy, of criminal history data.
        (13) (18) "Reportable offenses" means all felonies and those Class A misdemeanors which the superintendent may designate.
        (14) (19) "Request" means the asking for release or inspection of a limited criminal history by noncriminal justice organizations or individuals in a manner which:
            (A) reasonably ensures the identification of the subject of the inquiry; and
            (B) contains a statement of the purpose for which the information is requested.
         (20) "School corporation" has the meaning set forth in IC 20-10.1-1-1.
        (21) "Special education cooperative" has the meaning set forth in IC 20-1-6-20.

        (15) (22) "Unidentified person" means a deceased or mentally incapacitated person whose identity is unknown.
    SECTION 2. IC 5-2-5-5, AS AMENDED BY P.L.10-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b), on request, law enforcement agencies shall release or allow inspection of a limited criminal history to noncriminal justice organizations or individuals only if the subject of the request:
        (1) has applied for employment with a noncriminal justice organization or individual;
        (2) has applied for a license and criminal history data as required by law to be provided in connection with the license;
        (3) is a candidate for public office or a public official;
        (4) is in the process of being apprehended by a law enforcement agency;
        (5) is placed under arrest for the alleged commission of a crime;
        (6) has charged that his rights have been abused repeatedly by criminal justice agencies;
        (7) is the subject of judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
        (8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
        (9) has volunteered services at a public school (as defined in IC 20-10.1-1-2) or non-public school (as defined in IC 20-10.1-1-3) that involve contact with, care of, or supervision over a student enrolled in the school;
        (10) is being investigated for welfare fraud by an investigator of the division of family and children or a county office of family and children;
        (11) is being sought by the parent locator service of the child support bureau of the division of family and children; or
        (12) has been convicted of any of the following:
            (A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
            (B) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
            (C) Child molesting (IC 35-42-4-3).
            (D) Child exploitation (IC 35-42-4-4(b)).
            (E) Possession of child pornography (IC 35-42-4-4(c)).
            (F) Vicarious sexual gratification (IC 35-42-4-5).
            (G) Child solicitation (IC 35-42-4-6).
            (H) Child seduction (IC 35-42-4-7).
            (I) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.


However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.
    (b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:
        (1) Federally chartered or insured banking institutions.
        (2) Officials of state and local government for any of the purpose of following purposes:
            (A)
Employment and with a state or local governmental entity.
            (B)
Licensing.
        (3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).
    (c) Any person who uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.
    SECTION 3. IC 5-2-5-13, AS AMENDED BY P.L.10-1999, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The department may not charge a fee for responding to a request for the release of a limited criminal history record if the request is made by a nonprofit organization that:
        (1) has been in existence for at least ten (10) years; and
        (2) either:
            (A) has a primary purpose of providing an individual relationship for a child with an adult volunteer if the request is made as part of a background investigation of a prospective adult volunteer for the organization; or
            (B) is a home health agency licensed under IC 16-27-1.
    (b) The department may not charge a fee for responding to a request for the release of a limited criminal history record made by the division of family and children or a county office of family and children if the request is made as part of a background investigation of an applicant for a license under IC 12-17.2 or IC 12-17.4.
    (c) The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made by a school corporation, (as defined in IC 20-10.1-1-1), special education cooperative, or non-public school (as defined in IC 20-10.1-1-3) as part of a background investigation of an employee or adult volunteer for the school corporation, special education cooperative, or non-public school.
    SECTION 4. IC 5-2-5-15 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) The department is designated as the authorized agency to receive requests for, process, and disseminate the results of national criminal history background checks that comply with this section and 42 U.S.C. 5119a.
    (b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:
        (1) A person who seeks to be or is employed with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person is initially employed by the qualified entity.
        (2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.
    (c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person's fingerprints and any required fees with the request.
    (d) If a qualified entity makes a request in conformity with subsection (b), the department shall submit the set of fingerprints provided with the request to the Federal Bureau of Investigation for a national criminal history background check for convictions described in IC 20-5-2-8. The department shall respond to the request in conformity with:
        (1) the requirements of 42 U.S.C. 5119a; and
        (2) the regulations prescribed by the United States attorney general under 42 U.S.C. 5119a.
    (e) This subsection applies to a qualified entity that:
        (1) is not a school corporation or a special education cooperative; or
        (2) is a school corporation or a special education cooperative and seeks a national criminal history background check for a volunteer.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the applicant has been convicted of an offense described in IC 20-5-2-8 and convey the determination to the requesting qualified entity.
    (f) This subsection applies to a qualified entity that:
        (1) is a school corporation or a special education cooperative; and


        (2) seeks a national criminal history background check for the purposes determining whether to employ or continue the employment of a certificated employee or a noncertificated employee of a school corporation or an equivalent position with a special education cooperative.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department may exchange identification records concerning convictions for offenses described in IC 20-5-2-8 with the school corporation or special education cooperative solely for purposes of making an employment determination. The exchange may be made only for the official use of the officials with authority to make the employment determination. The exchange is subject to the restrictions on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).

    SECTION 5. IC 5-2-6.1-35.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE SEPTEMBER 10, 1999 (RETROACTIVE)]: Sec. 35.5.     (a) If:
        (1) at least two (2) claimants suffer injuries or damages based on the same violent crime;
        (2) the injuries and damages suffered and the rationale for awarding money to the claimants under this chapter are substantially similar for all the claimants; and
        (3) at least one (1) of the claimants receives a greater award from the division under this chapter than any of the other claimants;
all of the claimants are eligible to receive an amount of money under this chapter that is equal to the highest award received by any of the claimants under this chapter.
    (b) If a claimant believes the claimant is eligible to receive additional money from the fund as described in subsection (a), the claimant may file an application under this section with the division to receive the additional money for which the claimant is eligible.

    SECTION 6. IC 11-10-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The department shall, after consulting with the state superintendent of public instruction and the Indiana commission on vocational and technical education of the department of workforce development, implement academic and vocational education curricula and programs for confined offenders, by utilizing qualified personnel employed by the

department or by arranging for instruction to be given by public or private educational agencies in Indiana. A private entity that provides educational services under this section is subject to laws that apply to the facility including laws concerning criminal history checks of employees of the facility.
    (b)
The department shall include special education programs, which shall be governed under IC 20-1-6-2.1.
     (c) The academic and vocational education curricula and programs implemented under this chapter must be:
        (1) consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17;
        (2) offered in a manner that allows an offender to qualify for a diploma upon successful completion of the state's requirements for high school graduation or for a general educational development diploma under IC 20-10.1-12.1; and
        (3) provided by teachers who meet the requirements specified under IC 20-6.1-3.
The department shall encourage an offender to pursue a high school diploma.
    (d)
To provide funding for development and implementation of academic and vocational education curricula and programs, the department may accept gifts and apply for and receive grants from any source.
    SECTION 7. IC 12-24-1-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) Any academic and vocational education curricula or program that is provided to patients of a state institution must be:
        (1) consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17;
        (2) offered in a manner that allows patients of the state institution to qualify for diplomas upon successful completion of the state's requirements for high school graduation; and
        (3) provided by teachers who meet the requirements specified under IC 20-6.1-3.
    (b) The superintendent of a state institution may contract with a private or public entity to provide educational services in academic and vocational education programs provided to patients of the state institution. A private entity that provides educational services under this section is subject to the laws that apply to a state institution, including laws concerning criminal history checks of employees of the state institution.


    SECTION 8. IC 16-33-3-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) Any academic and vocational education curricula or program that is provided to clients under this chapter must be:
        (1) consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17;
        (2) offered in a manner that allows clients to qualify for diplomas upon successful completion of the state's requirements for high school graduation; and
        (3) provided by teachers who meet the requirements specified under IC 20-6.1-3.
    (b) The director may contract with a private or public entity to provide educational services in academic and vocational education programs provided to clients under this chapter. A private entity that provides educational services under this section is subject to the laws that apply to the center, including laws concerning criminal history checks of employees of the center.

    SECTION 9. IC 16-33-4-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a) The children of the home shall be:
        (1) taught and treated in a manner that promotes the children's physical, intellectual, and moral improvement; and
        (2) trained in habits of industry, studiousness, and morality.
    (b) The superintendent of the home:
        (1) shall afford to the children of the home literary, art, technical, and industrial education as can reasonably be provided;
        (2) may conduct a school at the home, which must be accredited, or may otherwise arrange for the education of the children in county reorganized schools near the institution; and
        (3) shall make certain that a child attending a county school receives instruction that is not inferior in any respect to the curriculum offered in a school possessing a first class commission from the state.
The academic and vocational education curricula and programs conducted under subdivision (2) must be consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17 and offered in a manner that allows children of the home to qualify for diplomas upon successful completion of the state's requirements for high school graduation. The academic and vocational programs conducted under subdivision (2) must be provided by teachers who meet the requirements specified under IC 20-6.1-3.
    (c) If a school is maintained at the home, the superintendent shall do the following:
        (1) Cause to be provided the proper educational materials for use in the school.
        (2) Employ the necessary teachers.
    (d) A person who teaches in a department of the school must be qualified and properly certified by the Indiana state professional standards board. of education.
     (e) The superintendent may contract with a private or public entity to provide educational services in academic and vocational education programs conducted under this section and section 10 of this chapter. A private entity that provides educational services under this section is subject to the laws that apply to the home, including laws concerning criminal history checks of employees of the home.
    SECTION 10. IC 16-33-4-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) The superintendent shall establish and maintain a vocational school on the grounds of the home and maintain suitable facilities in which vocational trades and arts are taught. A school established and maintained under this section is subject to the vocational education curricula and program requirements of section 9 of this chapter.
    (b) The superintendent may utilize donated money or state money without limitation to finance vocational construction projects that are:
        (1) authorized by the budget agency; and
        (2) in accordance with designs approved by the public works division of the Indiana department of administration.
    SECTION 11. IC 20-5-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A school corporation , including a school township, shall adopt a policy concerning criminal history information for individuals who:
        (1) apply for:
            (A) noncertificated employment with the school corporation; or
            (B) employment with an entity with which the school corporation contracts for services; or
        (2) seek to enter into a contract to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with children within the scope of the individuals' employment.
    (b) A school corporation, including a school township, shall administer a policy adopted under this section uniformly for all

individuals to whom the policy applies. A policy adopted under this section may require any of the following:
        (1) The school corporation , including a school township, may request limited criminal history information concerning each applicant for noncertificated employment or certificated employment from a local or state law enforcement agency before or not later than three (3) months after the applicant's employment by the school corporation.
        (2) Each individual hired for noncertificated employment or certificated employment may be required to provide a written consent for the school corporation to request under IC 5-2-5 limited criminal history information or a national criminal history background check concerning an applicant before or not later than three (3) months after the applicant's employment by the school corporation. The school corporation may require the individual to provide a set of fingerprints and pay any fees required for a national criminal history background check.
         (3) Each individual hired for noncertificated employment may be required at the time the individual is hired to submit a certified copy of the individual's limited criminal history (as defined in IC 5-2-5-1(1)) to the school corporation.
        (3) (4) Each individual hired for noncertificated employment may be required at the time the individual is hired to:
            (A) submit a request to the Indiana central repository for limited criminal history information under IC 5-2-5;
            (B) obtain a copy of the individual's limited criminal history; and
            (C) submit to the school corporation the individual's limited criminal history and a document verifying a disposition (as defined in IC 5-2-5-1(6)) that does not appear on the limited criminal history.
        (4) (5) Each applicant for noncertificated employment or certificated employment may be required at the time the individual applies to answer questions concerning the individual's limited criminal history. The failure to answer honestly questions asked under this subdivision is grounds for termination of the noncertificated employee's employment.
    (c) If an individual is required to obtain a limited criminal history under this section, the individual is responsible for all costs associated with obtaining the limited criminal history.
    (d) Information obtained under this section must be used in

accordance with IC 5-2-5-6.
    SECTION 12. IC 20-12-0.5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. The commission shall have the following powers and duties:
        (1) To develop, continually keep current, and implement a long range plan for postsecondary education. In developing this plan, the commission shall take into account the plans and interests of the state private institutions, anticipated enrollments in state postsecondary institutions, financial needs of students and other factors pertinent to the quality of educational opportunity available to the citizens of Indiana. The plan shall define the educational missions and the projected enrollments of the various state educational institutions.
        (2) To consult with and make recommendations to the commission on vocational and technical education within the department of workforce development on all postsecondary vocational education programs. The commission shall biennially prepare a plan for implementing postsecondary vocational education programming after considering the long range state plan developed under IC 20-1-18.3-10. The commission shall submit this plan to the commission on vocational and technical education within the department of workforce development for its review and recommendations, and shall specifically report on how the plan addresses preparation for employment.
        (3) To make recommendations to the general assembly and the governor concerning the long range plan, and prepare to submit drafts and proposed legislation needed to implement the plan. The commission may also make recommendations to the general assembly concerning the plan for postsecondary vocational education under subdivision (2).
        (4) To review the legislative request budgets of all state educational institutions preceding each session of the general assembly and to make recommendations concerning appropriations and bonding authorizations to state educational institutions including public funds for financial aid to students by any state agency. The commission may review all programs of any state educational institution, regardless of the source of funding, and may make recommendations to the governing board of the institution, the governor, and the general assembly concerning the funding and the disposition of the programs. In making this review, the commission may request and shall receive, in such form as may reasonably be required, from all state educational

institutions, complete information concerning all receipts and all expenditures.
        (5) To submit to the commission on vocational and technical education within the department of workforce development for its review under IC 20-1-18.3-15 the legislative budget requests prepared by state educational institutions for state and federal funds for vocational education. These budget requests shall be prepared upon request of the budget director, shall cover the period determined by the budget director, and shall be made available to the commission within the department of workforce development before review by the budget committee.
        (6) To make, or cause to be made, studies of the needs for various types of postsecondary education and to make recommendations to the general assembly and the governor concerning the organization of these programs. The commission shall make or cause to be made studies of the needs for various types of postsecondary vocational education and shall submit to the commission on vocational and technical education within the department of workforce development its findings in this regard.
        (7) To approve or disapprove the establishment of any new branches, regional or other campuses, or extension centers or of any new college or school, or the offering on any campus of any additional associate, baccalaureate, or graduate degree, or of any additional program of two (2) semesters, or their equivalent in duration, leading to a certificate or other indication of accomplishment. After March 29, 1971, no state educational institution shall establish any new branch, regional campus, or extension center or any new or additional academic college, or school, or offer any new degree or certificate as defined in this subdivision without the approval of the commission or without specific authorization by the general assembly. Any state educational institution may enter into contractual agreements with governmental units or with business and industry for specific programs to be wholly supported by the governmental unit or business and industry without the approval of the commission.
        (8) If so designated by the governor or the general assembly, to serve as the agency for the purposes of receiving or administering funds available for postsecondary education programs, projects, and facilities for any of the acts of the United States Congress where the acts of Congress require the state to designate such an agency or commission. However, this subdivision does not provide for the designation of the commission by the governor as

the recipient of funds which may be provided by acts of the United States Congress, received by an agency, a board, or a commission designated by the general assembly.
        (9) To designate and employ an executive officer and necessary employees, to designate their titles, and to fix the compensation in terms of the employment.
        (10) To appoint appropriate advisory committees composed of representatives of state educational institutions, representatives of private colleges and universities, students, faculty, and other qualified persons.
        (11) To employ all powers properly incident to or connected with any of the foregoing purposes, powers, or duties, including the power to adopt rules.
        (12) To develop a definition for and report biennially to the:
            (A) general assembly;
            (B) governor; and
            (C) commission on vocational and technical education within the department of workforce development;
        on attrition and persistence rates by students enrolled in state vocational education.
         (13) To ensure that if a state educational institution provides an academic or vocational education program to students in kindergarten through grade 12 the program is consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17.
    SECTION 13. IC 20-15-2-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) Any academic and vocational education curricula or program that is provided under this chapter must be:
        (1) consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17;
        (2) offered in a manner that allows students to qualify for diplomas upon successful completion of the state's requirements for high school graduation; and
        (3) provided by teachers who meet the requirements specified under IC 20-6.1-3.
    (b) The superintendent may contract with a private or public entity to provide educational services in academic and vocational education programs established under this chapter.
A private entity that provides educational services under this section is subject to the laws that apply to the school, including laws

concerning criminal history checks of employees of the school.
    SECTION 14. IC 20-16-2-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) Any academic and vocational education curricula or program that is provided under this chapter must be:
        (1) consistent with the state's academic standards under IC 20-10.1-16 and IC 20-10.1-17;
        (2) offered in a manner that allows students to qualify for diplomas upon successful completion of the state's requirements for high school graduation; and
        (3) provided by teachers who meet the requirements specified under IC 20-6.1-3.
    (b) The superintendent may contract with a private or public entity to provide educational services in academic and vocational education programs established under this chapter. A private entity that provides educational services under this section is subject to the laws that apply to the school, including laws concerning criminal history checks of employees of the school.

    SECTION 15. IC 20-17 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
    ARTICLE 17. EMPLOYMENT PROTECTION FOR EDUCATIONAL EMPLOYEES
    Chapter 1. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Board" refers to the Indiana education employment relations board established by IC 20-7.5-1-9.
    Sec. 3. "Classification seniority" means the length of the most recent continuous service in an employee's classification with a single employer.
    Sec. 4. "Employee" refers to a noncertificated employee (as defined in IC 20-7.5-1-2(g)) of a school corporation.
    Sec. 5. "Employer" means a school employer, as defined in IC 20-7.5-1-2(c).
    Sec. 6. "Just cause", as the term pertains to the discipline of employees, includes any of the following:
        (1) Falsification of an employment application to obtain employment through subterfuge.
        (2) Knowing violation of a reasonable and uniformly enforced rule of an employer.


        (3) Unsatisfactory attendance, if the employee is unable to show cause for the employee's absences or tardiness.
        (4) Damaging the employer's property through willful negligence.
        (5) Refusing to obey lawful instructions.
        (6) Reporting to work under the influence of alcohol in a state of intoxication or a controlled substance (as set forth in IC 35-48-2), consuming alcohol or a controlled substance on the employer's premises or while operating the employer's vehicles, or while driving a commercial motor vehicle committing a disqualifying offense under IC 9-24-6-8.
        (7) Conduct endangering the safety of the employee or any other employees.
        (8) Conduct endangering the safety of students.
        (9) Any breach of a duty in connection with the employee's employment that is reasonably owed the employer by an employee.
        (10) Commission of child molesting (IC 35-42-4-3), child exploitation
(IC 35-42-4-4), vicarious sexual gratification (IC 35-42-4-5), child solicitation (IC 35-42-4-6), child seduction (IC 35-42-4-7), or sexual misconduct with a minor (IC 35-42-4-9).
    Sec. 7. "School corporation" has the meaning set forth in IC 20-7.5-1-2(a).
    Chapter 2. Classification
    Sec. 1. An employee may not attain classification seniority until completion of a probationary period of thirty (30) days, at which time classification seniority relates back to the employee's date of hire.
    Sec. 2. If a permanent or prolonged reduction within any classification of employees is determined necessary by an employer, classification seniority shall be the determining factor in making the reduction and any subsequent recall from reduction.
    Chapter 3. Representation
    Sec. 1. An employee is entitled to representation by an employee organization or legal counsel, or both, during any proceeding under this article.
    Chapter 4. Discipline and Discharge of Employees
    Sec. 1. An employee may be disciplined before suspension or discharge only for just cause as enumerated in IC 20-17-1-6(1) through IC 20-17-1-6(7), IC 20-17-1-6(9), and must be:
        (1) informed in writing of all details of any offense or

violation:
            (A) with which the employee is charged; and
            (B) that would constitute just cause for discipline; and
        (2) given a reasonable time to correct the behavior constituting the identified offense or violation described in clause (A).
    Sec. 2. A discharge may not take effect unless, at least ten (10) days before the effective date of the discharge, the employer:
        (1) provides the employee with written notice of all offenses or violations for which the employee is being discharged; and
        (2) affords the employee an opportunity to request, in writing, a hearing before an impartial hearing examiner under IC 20-17-5.
    Sec. 3. A request for a hearing under IC 20-17-5 must be made by an employee before the effective date of the discharge. If the employee fails to request the hearing, the employee is considered discharged on the effective date of the employer's written notice.
    Sec. 4. If an employee requests a hearing under IC 20-17-5, the employer may suspend the employee with pay upon the effective date of discharge, pending the determination of the hearing examiner.
    Sec. 5. The employer may, without notice, suspend with pay an employee pending discharge if:
        (1) the employer reasonably believes the nature of the employee's misconduct warrants immediate suspension; or
        (2) the suspension is for just cause as enumerated in IC 20-17-1-6(8) and IC  20-17-1-6(10).
In this case, the employer shall afford to the employee, after the suspension, the formal procedures described in section 1(1) of this chapter.
    Chapter 5. Hearings
    Sec. 1. Upon receipt of a written request by an employee subject to discharge as described in IC 20-17-4-2, the employer shall request the board to appoint a hearing examiner to preside over the hearing.
    Sec. 2. A hearing examiner has the following duties:
        (1) To give the notice provided in section 3 of this chapter.
        (2) To schedule the hearing at a specified date, time, and place, with the authority to postpone the date and time or change the place for any good cause.
        (3) To take full charge of the hearing in accordance with IC 4-21.5-3-25 and IC 4-21.5-3-26, subject to this chapter.


        (4) To render a written decision in the matter, including findings of fact and conclusions of law, that is binding on all parties as of the date of the decision and that contains a notice of the right to seek review of the decision before the board.
        (5) To file the original of the hearing examiner's findings, conclusions, and decision, along with the record in the case, with the board.
        (6) To cause a copy of the hearing examiner's findings, conclusions, and decision to be served upon each of the parties.
    Sec. 3. The following constitutes the hearing procedures by which an employee may be discharged:
        (1) The hearing examiner, not more than five (5) days after the hearing examiner's appointment, shall send notice to the parties of the date, time, and location set for the hearing.
        (2) The hearing examiner shall conduct the hearing under IC 4-21.5-3-25 and IC 4-21.5-3-26.
    Sec. 4. Any party to the hearing who is aggrieved by the decision of the hearing examiner may appeal the decision to the board as follows:
        (1) Not more than twenty (20) days after the date the hearing examiner files the hearing examiner's findings, conclusions, and decision, the party aggrieved by the decision may file a petition for review of the hearing examiner's findings, conclusions, and decision. The filing and pendency of a petition for review shall operate to stay the effectiveness of the decision unless otherwise ordered by the board.
        (2) The petition for review must be in writing and be filed with the board. At the same time, a copy of the petition for review must also be filed with the opposing party. The petition must specifically set forth the reasons for the objections of the aggrieved party to the decision of the hearing examiner.
        (3) Not more than ten (10) days after the date on which the petition for review is filed with the board, any party to the proceeding before the hearing officer may file a reply to the petition for review on the board with simultaneous service upon the opposing party. The reply must specifically set forth the party's reply to the objections of the aggrieved party to the decision of the hearing examiner.
        (4) Not more than fifteen (15) days after the filing of a reply to the petition for review, if any, the board shall render a final decision consisting of the board's findings of fact, conclusions

of law, and final order in the matter.
        (5) A party to the board's final decision may seek judicial review under IC  4-21.5-5.
    Sec. 5. The board is authorized to enforce the board's orders and to take other appropriate action, including reinstating an employee with back pay.
    Chapter 6. Construction
    Sec. 1. This article may not be construed to limit the application of an agreement negotiated between an employer and the recognized representative of employees with a particular employer.

    SECTION 16. An emergency is declared for this act.