HB 1338-1_ Filed 01/25/2006, 20:31
Your Committee on Education , to which was referred House Bill 1338 , 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 1, line 1; (06)CR133801.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 20-24-8-5; (06)CR133801.1. -->
"SECTION 1. IC 20-24-8-5, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. The following statutes and rules and guidelines
adopted under the following statutes apply to a charter school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-26-6-2 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 and IC 20-28-5-9 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
(6) IC 20-28-7-14 (void teacher contract when two (2) contracts
(7) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(8) IC 20-28-10-14 (teacher freedom of association).
(9) IC 20-28-10-17 (school counselor immunity).
(10) For conversion charter schools only, IC 20-28-6, IC 20-28-7,
IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(11) IC 20-33-2 (compulsory school attendance).
(12) IC 20-33-3 (limitations on employment of children).
(13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
due process and judicial review).
(14) IC 20-33-8-16 (firearms and deadly weapons).
(15) IC 20-34-3 (health and safety measures).
(16) IC 20-33-9 (reporting of student violations of law).
(17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
(18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, IC 20-32-8,
or any other statute, rule, or guideline related to standardized
testing (assessment programs, including remediation under the
(19) IC 20-33-7 (parental access to education records).
(20) IC 20-31 (accountability for school performance and
(21) IC 20-34-5 (employees trained in the Heimlich maneuver).
SOURCE: IC 20-28-5-13; (06)CR133801.2. -->
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: Page 2, line 13; (06)CR133801.2. -->
Page 2, delete line 13, begin a new line double block indented and
" (A) Minority groups (as defined in IC 4-13-16.5-1).".
Page 2, line 21, delete "the following awards:" and insert " 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 20-34-5; (06)CR133801.4. -->
SECTION 4. IC 20-34-5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 5. Employees Trained in Heimlich Maneuver
Sec. 1. This chapter applies to a school that operates:
(1) a school lunch program (including a school lunch program
under IC 20-26-9);
(2) a school breakfast program (including a school breakfast
program under IC 20-26-9); or
(3) both a school lunch program and a school breakfast
Sec. 2. As used in this chapter, "Heimlich maneuver" means a
series of abdominal thrusts to help a person who is choking.
Sec. 3. As used in this chapter, "school" includes the following:
(1) A public school.
(2) A charter school.
(3) A nonpublic school that has voluntarily become accredited
under IC 20-19-2-10.
Sec. 4. As used in this chapter, "student" means a person
enrolled in a school.
Sec. 5. A school shall require at least one (1) employee who has:
(1) received instruction approved by the department in
methods to provide first aid to a person who is choking; and
(2) demonstrated through training approved by the
department an ability to perform the Heimlich maneuver or
a similar procedure used to expel an obstruction from the
to be present while students are being served food.
Sec. 6. A school or an employee of a school is immune from civil
liability for an act or omission concerning:
(1) performing duties required under section 5 of this chapter;
(2) providing or failing to provide first aid to a person who is
unless the act or omission amounts to gross negligence or willful
Sec. 7. The department shall adopt rules under IC 4-22-2 to
implement this chapter.
SOURCE: IC 34-30-2-87.5; (06)CR133801.5. -->
SECTION 5. IC 34-30-2-87.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 87.5. IC 20-34-5-6 (Concerning
the presence at school of staff trained in the Heimlich maneuver
and the provision or failure to provide first aid at school).
SOURCE: IC 20-31-11-6; (06)CR133801.6. -->
SECTION 6. IC 20-31-11-6 IS REPEALED [EFFECTIVE JULY
SOURCE: ; (06)CR133801.7. -->
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: Page 2, line 22; (06)CR133801.2. -->
Page 2, delete lines 22 through 42.
Delete page 3.
(Reference is to HB 1338 as introduced.)
and when so amended that said bill do pass.
CR133801/DI 109 2006