HB 1338-1_ Filed 01/25/2006, 20:31

Text Box

Adopted Rejected








    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 agencies).
        (6) IC 20-28-7-14 (void teacher contract when two (2) contracts are signed).
        (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 observances).
        (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 assessment programs).
        (19) IC 20-33-7 (parental access to education records).
        (20) IC 20-31 (accountability for school performance and improvement).
         (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 insert:
        " (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.

     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 program.
    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 throat;

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
        (1) performing duties required under section 5 of this chapter; or
        (2) providing or failing to provide first aid to a person who is choking;
unless the act or omission amounts to gross negligence or willful misconduct.
    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 1, 2006].
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:
        (1) Standards.
        (2) Examinations.
        (3) Course work.
        (4) Grades.
        (5) Student teaching.

        (6) Mentoring.
    (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.


Representative Behning

CR133801/DI 109    2006