Text Box

Adopted Rejected


[

]



COMMITTEE REPORT


                                                        YES:

13

                                                        NO:
1

MR. SPEAKER:

    Your Committee on       Education     , to which was referred       Senate Bill 207     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 2, line 7; (02)CR020703.2. -->     Page 2, line 7, delete "a public school (as defined in".
    Page 2, delete line 8.
    Page 2, line 9, delete "IC 20-10.2-1-3) or by".
    Page 2, line 10, after "public" insert " school (as defined in IC 20-10.1-1-2 )".
    Page 2, line 10, after "nonpublic school" insert " (as defined in IC 20-10.1-1-3 )".
    Page 3, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 5-2-5-7; (02)CR020703.2. -->     "SECTION 2. IC 5-2-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) Except as provided in subsection (c), on request for release or inspection of a limited criminal history, law enforcement agencies may and the department shall do the following:
        (1) Require a form, provided by them, to be completed. This form information shall be maintained for a period of two (2) years and shall be available to the record subject upon request.
        (2) Collect a three dollar ($3) fee to defray the cost of processing

a request for inspection.
        (3) Collect a seven dollar ($7) fee to defray the cost of processing a request for release. However, law enforcement agencies and the department may not charge the fee for requests received from the parent locator service of the child support bureau of the division of family and children.
    (b) Law enforcement agencies and the department shall edit information so that the only information released or inspected is information which:
        (1) has been requested; and
        (2) is limited criminal history information.
    (c) The fee required under subsection (a) shall be waived if the request is from the institute for conviction information that will be used to establish or update the sex and violent offender registry under IC 5-2-12."

SOURCE: Page 3, line 40; (02)CR020703.3. -->     Page 3, delete lines 40 through 42.
    Delete page 4.
    Page 5, delete lines 1 through 12.
    Page 5, delete lines 18 through 42, begin a new line block indented and insert:
        "(1) apply for:
            (A) employment with the school corporation; or
            (B) employment with an entity with which the school corporation contracts for services;
        (2) seek to enter into a contract to provide services to the school corporation; or
        (3) are employed by an entity that seeks 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 the individual before or not later than three (3) months after the individual'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.
        (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.
        (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 employee's employment.
        (6) Each individual that:
            (A) seeks to enter into a contract to provide services to a school corporation; or
            (B) is employed by an entity that seeks to enter into a contract with a school corporation;
        may be required at the time the contract is formed to comply with

the procedures described in subdivision (4)(A) and (4)(B). The school corporation either may require that the individual or the contractor comply with the procedures described in subdivision (4)(C) or (5). subdivisions (2), (4), and (5). An individual who is employed by an entity that seeks to enter into a contract with a school corporation may be required to provide the consent described in subdivision (2) or the information described in subdivisions (4) and (5) to either the individual's employer or the school corporation. Failure to comply with subdivisions (2), (4), and (5), as required by the school corporation, is grounds for termination of the contract.
    (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 or IC 5-2-5-15.".
    Delete page 6.
    Page 7, delete lines 1 through 10.
    Page 7, delete lines 21 through 41, begin a new paragraph and insert:
    "(b) This subsection applies when a prosecuting attorney knows that a licensed employee of a public school (as defined in IC 20-10.1-1-2 ) or an accredited nonpublic school has been convicted of an offense listed in subsection (d). 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 for an accredited nonpublic school.

         (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.".
    Page 7, line 42, delete "(d)" and insert " (c)".
    Page 7, line 42, after "corporation" insert ", presiding officer of the governing body,".


    Page 8, delete lines 2 through 10, begin a new line blocked left and insert: "the state superintendent when the person knows that a current or former licensed employee of the public school corporation or accredited nonpublic school has been convicted of an offense listed in subsection (c). (d).".
    Page 8, line 11, delete "(e)" and insert " (d)".
    Page 8, line 32, delete "(f)" and insert " (e)".
    Page 8, delete lines 34 through 38.
    Page 9, line 1, delete "any".
    Page 9, line 1, after "(1)" insert " or more".
    Page 9, line 39, strike "only".
    Page 9, line 39, after "(1)" insert " or more".
    Page 10, delete lines 38 through 42, begin a new paragraph and insert:
SOURCE: IC 20-8.1-5.1-7.8; (02)CR020703.7. -->     "SECTION 7. IC 20-8.1-5.1-7.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7.8. Before a person may initiate action to suspend or expel a student under this chapter, the person must consult the following:
        (1) A teacher, if any, who is involved in the matter giving rise to possible disciplinary action against the student.
        (2) A classroom teacher of the student.

SOURCE: IC 20-8.1-5.1-18; (02)CR020703.8. -->     SECTION 8. IC 20-8.1-5.1-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 18. (a) This section applies to a person who:
        (1) is a member of the administrative staff, a teacher, or other school staff member; and
        (2) has students under the person's charge.
    (b) A person may take disciplinary action in addition to suspension and expulsion that is necessary to ensure a safe, orderly, and effective educational environment. However, if the person who wishes to take disciplinary action under this section is not a teacher of the student, before the person may take disciplinary action under this section, the person must consult the following:
        (1) A teacher, if any, who is involved in the matter giving rise to possible disciplinary action against the student.
        (2) A classroom teacher of the student.

     (c) Disciplinary action under this section may include the following:
        (1) Counseling with a student or group of students.
        (2) Conferences with a parent or group of parents.
        (3) Assigning additional work.
        (4) Rearranging class schedules.
        (5) Requiring a student to remain in school after regular school hours to do additional school work or for counseling.
        (6) Restricting extracurricular activities.
        (7) Removal of a student by a teacher from that teacher's class for a period not to exceed:
            (A) five (5) class periods for middle, junior high, or high school students; or
            (B) one (1) school day for elementary school students;
        if the student is assigned regular or additional school work to complete in another school setting.
        (8) Assignment by the principal of:
            (A) a special course of study;
            (B) an alternative educational program; or
            (C) an alternative school.
        (9) Assignment by the principal of the school where the recipient of the disciplinary action is enrolled of not more than one hundred twenty (120) hours of service with a nonprofit organization operating in or near the community where the school is located or where the student resides. The following apply to service assigned under this subdivision:
            (A) A principal may not assign a student under this subdivision unless the student's parent or guardian approves:
                (i) the nonprofit organization where the student is assigned; and
                (ii) the plan described in clause (B)(i).
            A student's parent or guardian may request or suggest that the principal assign the student under this subdivision.
            (B) The principal shall make arrangements for the student's service with the nonprofit organization. Arrangements must include the following:
                (i) A plan for the service that the student is expected to perform.
                (ii) A description of the obligations of the nonprofit organization to the student, the student's parents, and the

school corporation where the student is enrolled.
                (iii) Monitoring of the student's performance of service by the principal or the principal's designee.
                (iv) Periodic reports from the nonprofit organization to the principal and the student's parent or guardian of the student's performance of the service.
            (C) The nonprofit organization must obtain liability insurance in the amount and of the type specified by the school corporation where the student is enrolled that is sufficient to cover liabilities that may be incurred by a student who performs service under this subdivision.
            (D) Assignment of service under this subdivision suspends the implementation of a student's suspension or expulsion. A student's completion of service assigned under this subdivision to the satisfaction of the principal and the nonprofit organization terminates the student's suspension or expulsion.
        (10) Removal of a student from school sponsored transportation.
        (11) Referral to the juvenile court having jurisdiction over the student.
    (c) (d) As used in this subsection, "physical assault" means the knowing or intentional touching of another person in a rude, insolent, or angry manner. When a student physically assaults a person having authority over the student, the principal of the school where the student is enrolled shall make a referral of the student to the juvenile court having jurisdiction over the student. However, a student with disabilities (as defined in IC 20-1-6.1-7 ) who physically assaults a person having authority over the student is subject to procedural safeguards under 20 U.S.C. 1415.

SOURCE: IC 34-13-2-3; (02)CR020703.9. -->     SECTION 9. IC 34-13-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee whose conduct gave rise to the claim resulting in that judgment or settlement.
    (b) The governmental entity shall pay any judgment, compromise, or settlement of a claim or suit against an employee when (1) the act or omission causing the loss is within the scope of the employee's employment. and
        (2) the:
            (A) governor, in the case of a claim or suit against a state employee; or
            (B) the governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;
        determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity.
    (c) The governmental entity shall pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss.
    (d) This chapter shall not be construed as:
        (1) a waiver of the eleventh amendment to the Constitution of the United States;
        (2) consent by the state of Indiana or its employees to be sued in any federal court; or
        (3) consent to be sued in any state court beyond the boundaries of Indiana.
SOURCE: IC 34-13-3-5; (02)CR020703.10. -->     SECTION 10. IC 34-13-3-5 , AS AMENDED BY P.L.192-2001, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Civil actions relating to acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may be brought only against the board, the committee, the commission, the authority, or the other instrumentality of a governmental entity. A member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may not be named as a party in a civil suit that concerns the acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity where the member was acting within the scope of the member's employment. For the purposes of this subsection, a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity is acting within the scope of the member's employment when the member acts as a member of the board, committee, commission, authority, or other instrumentality.
    (b) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an

employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, whose conduct gave rise to the claim resulting in that judgment or settlement. A lawsuit alleging that an employee acted within the scope of the employee's employment must be exclusive to the complaint and bars an action by the claimant against the employee personally. However, if the governmental entity answers that the employee acted outside the scope of the employee's employment, the plaintiff may amend the complaint and sue the employee personally. An amendment to the complaint by the plaintiff under this subsection must be filed not later than one hundred eighty (180) days from the date the answer was filed and may be filed notwithstanding the fact that the statute of limitations has run.
    (c) A lawsuit filed against an employee personally must allege that an act or omission of the employee that causes a loss is:
        (1) criminal;
        (2) clearly outside the scope of the employee's employment;
        (3) malicious;
        (4) willful and wanton; or
        (5) calculated to benefit the employee personally.
The complaint must contain a reasonable factual basis supporting the allegations.
    (d) Subject to the provisions of sections 4, 14, 15, and 16 of this chapter, the governmental entity shall pay any judgment, compromise, or settlement of a claim or suit against an employee when
        (1) the act or omission causing the loss is within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss. and
        (2) the:
            (A) governor in the case of a claim or suit against a state employee; or
            (B) governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;
        determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity.
    (e) The governmental entity shall provide counsel for and pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the

employee can or cannot be held personally liable for the loss.
    (f) This chapter shall not be construed as:
        (1) a waiver of the eleventh amendment to the Constitution of the United States;
        (2) consent by the state of Indiana or its employees to be sued in any federal court; or
        (3) consent to be sued in any state court beyond the boundaries of Indiana.".
    Delete page 11.

SOURCE: Page 12, line 1; (02)CR020703.12. -->     Page 12, delete lines 1 through 23.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 207 as reprinted February 4, 2002.)

and when so amended that said bill do pass.

__________________________________

Representative Porter


CR020703/DI 71    2002