February 24, 2006



DIGEST OF HB 1338 (Updated February 22, 2006 4:40 pm - DI 71)

Citations Affected: IC 20-28; IC 20-31; IC 34-30; noncode.

Synopsis: School improvement awards; teacher CPR training. Establishes additional criteria for determining a school's improvement compared with the school's performance in previous years. Provides a graduated series of awards based on improvement. Requires training in cardiopulmonary resuscitation (CPR) and the Heimlich maneuver to obtain an initial license as a teacher. Establishes immunity from liability for an act or omission by a teacher who has obtained a license and been trained in CPR. Repeals certain prohibitions on the use of performance based awards.

Effective: Upon passage; July 1, 2006.

Harris T, Walorski, Heim, Porter

    January 10, 2006, read first time and referred to Committee on Education.
    January 26, 2006, amended, reported _ Do Pass.
    January 30, 2006, read second time, amended, ordered engrossed.
    January 31, 2006, engrossed.
    February 2, 2006, read third time, passed. Yeas 97, nays 0.


    February 6, 2006, read first time and referred to Committee on Education and Career Development.
    February 23, 2006, amended, reported favorably _ Do Pass.

February 24, 2006

Second Regular Session 114th General Assembly (2006)

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

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

SOURCE: IC 20-28-5-3; (06)EH1338.1.1. -->     SECTION 1. IC 20-28-5-3, AS ADDED BY P.L.246-2005, SECTION 157, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The department shall designate:
        (1) the grade point average required for each type of license; and
        (2) the types of licenses to which the teachers' minimum salary laws apply, including nonrenewable one (1) year limited licenses.
    (b) The department shall determine details of licensing not provided in this chapter, including requirements regarding the following:
        (1) The conversion of one (1) type of license into another.
        (2) The accreditation of teacher education schools and departments.
        (3) The exchange and renewal of licenses.
        (4) The endorsement of another state's license.
        (5) The acceptance of credentials from teacher education institutions of another state.
        (6) The academic and professional preparation for each type of

        (7) The granting of permission to teach a high school subject area related to the subject area for which the teacher holds a license.
        (8) The issuance of licenses on credentials.
        (9) The type of license required for each school position.
        (10) The size requirements for an elementary school requiring a licensed principal.
        (11) Any other related matters.
The department shall establish at least one (1) system for renewing a teaching license that does not require a graduate degree.
     (c) Beginning July 1, 2006, the board, before issuing an initial teaching license at any grade level to an undergraduate individual seeking an initial teaching license, shall require the applicant for a license to show evidence that the applicant meets one (1) of the following:
        (1) Has successfully completed a course approved by the board in:
            (A) cardiopulmonary resuscitation that includes a test demonstration on a mannequin;
            (B) removing a foreign body causing an obstruction in an airway; and
            (C) the Heimlich maneuver.
        (2) Holds a valid certification in the procedures described in subdivision (1) issued by:
            (A) the American Red Cross;
            (B) the American Heart Association; or
            (C) a comparable organization or institution approved by the board.
        (3) Has physical limitations that make it impracticable for the applicant to complete a course or certification described in subdivision (1) or subdivision (2).

    (c) (d)The department shall periodically publish bulletins regarding:
        (1) the details described in subsection (b);
        (2) information on the types of licenses issued;
        (3) the rules governing the issuance of each type of license; and
        (4) other similar matters.

    Chapter 12. Additional School Improvement Criteria and Awards
    Sec. 1. As used in this chapter, the following terms have the

following meanings:
        (1) "Graduation rate" has the meaning set forth in IC 20-26-13-6.
        (2) "High achieving" means a score that is in the ninetieth percentile or above on a section of the ISTEP program test.
        (3) "Professional development" refers to activities that conform to the requirements set forth in IC 20-20-31.
        (4) "Program" refers to the school improvement award program established by section 2 of this chapter.
    Sec. 2. The school improvement award program is established to reward schools that show improvement over previous years' academic performance with a graduated series of awards.
    Sec. 3. (a) The department shall administer the program.
    (b) In addition to money appropriated by the general assembly, the department may use gifts and grants to provide funding for awards under this chapter.
    Sec. 4. In addition to an assessment of improvement under IC 20-31-8-1, a school shall have the school's progress in school improvement determined by comparing the following performance factors with the same performance factors for the school in previous years:
        (1) ISTEP scores, with the scores for the following categories of students reported and compared separately:
            (A) Minority groups (as defined in IC 4-13-16.5-1).
            (B) Limited English proficiency.
            (C) Students receiving free or reduced price lunch under the national school lunch program.
            (D) High achieving.
        (2) For high schools, graduation rates.
    Sec. 5. In addition to grants and awards received under IC 20-31-7 and IC 20-31-11, a participating school's progress in school improvement may be recognized with a performance award in the amount determined by the department.
    Sec. 6. An award granted under this chapter may be used for any combination of the following purposes:
        (1) Grants to certificated employees (as defined in IC 20-29-2-4) for professional development.
        (2) School programs to increase parental involvement.
        (3) Enhanced curriculum or instruction, or both.
    Sec. 7. The principal of the school receiving an award under this chapter shall determine the manner in which the award is to be used after consulting a school improvement committee established

under IC 20-31-5-1.

SOURCE: IC 34-30-14-2.5; (06)EH1338.1.3. -->     SECTION 3. IC 34-30-14-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.5. A teacher who:
        (1) meets the requirement of IC 20-28-5-3(c); and
        (2) performs:
            (A) cardiopulmonary resuscitation; or
            (B) the Heimlich maneuver;
        on or removes a foreign body that is obstructing an airway of another person in the course of employment as a teacher;
is not liable in a civil action for damages resulting from an act or omission occurring during the performance of a function under this section unless the act or omission constitutes gross negligence or willful and wanton misconduct.

SOURCE: ; (06)EH1338.1.4. -->     SECTION 4. [EFFECTIVE UPON PASSAGE] (a) Although IC 20-28-5-3(c), as amended by this act, applies beginning July 1, 2006, a college or university located in Indiana may recommend to a person who has been accepted in a teacher training program before July 1, 2006, that the person should meet the requirements of IC 20-28-5-3(c), as amended by this act.
    (b) This SECTION expires June 30, 2008.

SOURCE: IC 20-31-11-6; (06)EH1338.1.5. -->     SECTION 5. IC 20-31-11-6 IS REPEALED [EFFECTIVE JULY 1, 2006].
SOURCE: ; (06)EH1338.1.6. -->     SECTION 6. An emergency is declared for this act.