January 31, 2006
HOUSE BILL No. 1338
DIGEST OF HB 1338
(Updated January 30, 2006 10:19 pm - DI 109)
Citations Affected: IC 20-28; IC 20-31; IC 34-30; noncode.
Synopsis: School improvement progress and awards. 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. Allows a person who has failed the teacher
licensing examination at least two times to demonstrate proficiency by
having the person's teacher education school or department certify to
the department of education that the person possesses the content
knowledge required by the examination. Requires the department of
education to submit to the education roundtable for review and
approval certain requirements for initial teacher licensure. Revises the
purposes for which a grant may be used. Repeals certain prohibitions
on the use of performance based awards granted under IC 20-31-11.
Effective: Upon passage; July 1, 2006.
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
Second Regular Session 114th General Assembly (2006)
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between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1338
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-28-5-3; (06)HB1338.2.1. -->
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
(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
(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
(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
(1) Has successfully completed a course approved by the
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
(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
(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.
SOURCE: IC 20-28-5-13; (06)HB1338.2.2. -->
SECTION 2. IC 20-28-5-13, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 13. (a) This section applies to an examination
required for teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test scores, including subscores for each area tested.
(c) This subsection applies only to an individual who has taken
the examination described in subsection (a) at least two (2) times
and has failed to demonstrate proficiency in a test area by not
more than two (2) points. An individual may demonstrate
proficiency in a test area by having the teacher education school or
department in which the individual is or was a student certify to
the department that, based on the individual's course work, grades,
fieldwork, and student teaching and on evaluations by the
individual's instructors, the individual possesses the content
knowledge required by the written examination.
SOURCE: IC 20-31-12; (06)HB1338.2.3. -->
SECTION 3. IC 20-31-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 12. Additional School Improvement Criteria and
Sec. 1. As used in this chapter, the following terms have the
(1) "Graduation rate" has the meaning set forth in
(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
(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)HB1338.2.4. -->
SECTION 4. 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
(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)HB1338.2.5. -->
SECTION 5. [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)HB1338.2.6. -->
SECTION 6. IC 20-31-11-6 IS REPEALED [EFFECTIVE JULY 1,
SOURCE: ; (06)HB1338.2.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2006] (a) Before October 1,
2006, the department of education shall submit to the education
roundtable for the roundtable's review and approval guidelines
concerning the following requirements for initial teacher licensure:
(3) Course work.
(5) Student teaching.
(b) This SECTION expires July 1, 2007.
SOURCE: ; (06)HB1338.2.8. -->
SECTION 8. An emergency is declared for this act.