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:
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."
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,".
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
) who physically assaults a
person having authority over the student is subject to procedural
safeguards under 20 U.S.C. 1415.
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:
(2) clearly outside the scope of the employee's employment;
(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
(A) governor in the case of a claim or suit against a state
(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.
and when so amended that said bill do pass.