SENATE BILL No. 538
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-19-3-11; IC 20-20-8-8; IC 20-26-5-32;
IC 20-28-2-6; IC 20-33-8.
Synopsis: Bullying prevention. Requires the department of education
to evaluate and make available to school corporations effective models
of bullying prevention plans and to provide an appropriate incentive to
school corporations with policies that encourage student participation
in extracurricular activities designed to prevent bullying. Requires a
school corporation to publish the number of bullying incidents that
have occurred in the school corporation's annual performance report.
Requires a school corporation's discipline and safety plan that is
developed with parental assistance to address bullying prevention and
response. Provides that the advisory board of the division of
professional standards may adopt rules that set standards for teacher
and administrator continuing education in the prevention of and
response to bullying. Amends the definition of "bullying" to specify
that the term includes verbal or written communications transmitted in
any manner, including digitally or electronically. Requires school
corporation discipline rules to include written reports of bullying
incidents and responses to the incidents, and annual reports of the
number of bullying incidents and responses to the department of
education. Provides that the department of education may audit
compliance with bullying prevention, intervention, and reporting
requirements at any time.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Education and Career
First Regular Session 117th General Assembly (2011)
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between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 538
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 20-19-3-11; (11)IN0538.1.1. -->
SECTION 1. IC 20-19-3-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 11. (a) As used in this section, "bullying" has the
meaning set forth in IC 20-33-8-0.2.
(b) The department shall evaluate and make available to school
corporations effective models of bullying prevention plans that
governing bodies may use in establishing rules and policies under
IC 20-33-8-13.5. Models under this section must include effective
policies for addressing electronic or digital bullying that occurs on
and off school property.
(c) The department shall provide an appropriate incentive to
school corporations with policies that encourage student
participation in curricular and extracurricular activities designed
to prevent bullying.
SOURCE: IC 20-20-8-8; (11)IN0538.1.2. -->
SECTION 2. IC 20-20-8-8, AS AMENDED BY P.L.3-2008,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. The report must include the
(1) Student enrollment.
(2) Graduation rate (as defined in IC 20-26-13-6).
(3) Attendance rate.
(4) The following test scores, including the number and
percentage of students meeting academic standards:
(A) ISTEP program test scores.
(B) Scores for assessments under IC 20-32-5-21, if
(C) For a freeway school, scores on a locally adopted
assessment program, if appropriate.
(5) Average class size.
(6) The number and percentage of students in the following
groups or programs:
(A) Alternative education, if offered.
(B) Career and technical education.
(C) Special education.
(D) High ability.
(F) Limited English language proficiency.
(G) Students receiving free or reduced price lunch under the
national school lunch program.
(H) School flex program, if offered.
(7) Advanced placement, including the following:
(A) For advanced placement tests, the percentage of students:
(i) scoring three (3), four (4), and five (5); and
(ii) taking the test.
(B) For the Scholastic Aptitude Test:
(i) test scores for all students taking the test;
(ii) test scores for students completing the academic honors
diploma program; and
(iii) the percentage of students taking the test.
(8) Course completion, including the number and percentage of
students completing the following programs:
(A) Academic honors diploma.
(B) Core 40 curriculum.
(C) Career and technical programs.
(9) The percentage of grade 8 students enrolled in algebra I.
(10) The percentage of graduates who pursue higher education.
(11) School safety, including:
(A) the number of students receiving suspension or expulsion
for the possession of alcohol, drugs, or weapons;
(B) the number of incidents reported under IC 20-33-9; and
(C) the number of incidents reported under
(12) Financial information and various school cost factors,
including the following:
(A) Expenditures per pupil.
(B) Average teacher salary.
(C) Remediation funding.
(13) Technology accessibility and use of technology in
(14) Interdistrict and intradistrict student mobility rates, if that
information is available.
(15) The number and percentage of each of the following within
the school corporation:
(A) Teachers who are certificated employees (as defined in
(B) Teachers who teach the subject area for which the teacher
is certified and holds a license.
(C) Teachers with national board certification.
(16) The percentage of grade 3 students reading at grade 3 level.
(17) The number of students expelled, including the number
participating in other recognized education programs during their
(18) Chronic absenteeism, which includes the number of students
who have been absent more than ten (10) days from school within
a school year without being excused.
(19) The number of students who have dropped out of school,
including the reasons for dropping out.
(20) The number of student work permits revoked.
(21) The number of student driver's licenses revoked.
(22) The number of students who have not advanced to grade 10
due to a lack of completed credits.
(23) The number of students suspended for any reason.
(24) The number of students receiving an international
(25) Other indicators of performance as recommended by the
education roundtable under IC 20-19-4.
SOURCE: IC 20-26-5-32; (11)IN0538.1.3. -->
SECTION 3. IC 20-26-5-32, AS ADDED BY P.L.66-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 32. (a) The governing body of each school
corporation shall work with parents to:
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and discipline
in the school corporation after receiving a model plan developed by the
(b) The plan developed under subsection (a) must include
specific components that address bullying prevention and response.
SOURCE: IC 20-28-2-6; (11)IN0538.1.4. -->
SECTION 4. IC 20-28-2-6, AS AMENDED BY P.L.30-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) Subject to subsection (c) and in addition to
the powers and duties set forth in IC 20-20-22 or this article, the
advisory board may adopt rules under IC 4-22-2 to do the following:
(1) Set standards for teacher licensing and for the administration
of a professional licensing and certification process by the
(2) Approve or disapprove teacher preparation programs.
(3) Set fees to be charged in connection with teacher licensing.
(4) Suspend, revoke, or reinstate teacher licenses.
(5) Enter into agreements with other states to acquire reciprocal
approval of teacher preparation programs.
(6) Set standards for teacher licensing concerning new subjects of
(7) Evaluate work experience and military service concerning
postsecondary education and experience equivalency.
(8) Perform any other action that:
(A) relates to the improvement of instruction in the public
schools through teacher education and professional
development through continuing education; and
(B) attracts qualified candidates for teacher education from
among the high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as
independent practice school psychologists under IC 20-28-12.
(10) Before July 1, 2011, set standards for sign language
interpreters who provide services to children with disabilities in
an educational setting and an enforcement mechanism for the
(11) Set standards for teacher and administrator continuing
education in the prevention of and response to bullying.
(b) Notwithstanding subsection (a)(1), an individual is entitled to
one (1) year of occupational experience for purposes of obtaining an
occupational specialist certificate under this article for each year the
individual holds a license under IC 25-8-6.
(c) Before publishing notice of the intent to adopt a rule under
IC 4-22-2, the advisory board must submit the proposed rule to the
state superintendent for approval. If the state superintendent approves
the rule, the advisory board may publish notice of the intent to adopt
the rule. If the state superintendent does not approve the rule, the
advisory board may not publish notice of the intent to adopt the rule.
(d) The advisory board may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to establish procedures to
expedite the issuance, renewal, or reinstatement under this article of a
license or certificate of a person whose spouse serves on active duty (as
defined in IC 25-1-12-2) and is assigned to a duty station in Indiana.
Before publishing notice of the intent to adopt a permanent rule under
IC 4-22-2, the advisory board must comply with subsection (c).
SOURCE: IC 20-33-8-0.2; (11)IN0538.1.5. -->
SECTION 5. IC 20-33-8-0.2, AS ADDED BY P.L.106-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 0.2. As used in this chapter, "bullying" means
overt, repeated acts or gestures, including
(1) verbal or written
communications transmitted in any manner, including digitally or
electronically, (2) physical acts committed, or (3) any other behaviors
committed by a student or group of students against another student
with the intent to harass, ridicule, humiliate, intimidate, or harm the
other student and create for the other student an objectively hostile
school environment that meets one (1) or more of the following
(1) Places the student in reasonable fear of harm to the
student's person or property.
(2) Has a substantially detrimental effect on the student's
physical or mental health.
(3) Has the effect of substantially interfering with the
student's academic performance.
(4) Has the effect of substantially interfering with the
student's ability to participate in or benefit from the services,
activities, and privileges provided by the school.
SOURCE: IC 20-33-8-13.5; (11)IN0538.1.6. -->
SECTION 6. IC 20-33-8-13.5, AS ADDED BY P.L.106-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13.5. (a) Discipline rules adopted by the
governing body of a school corporation under section 12 of this chapter
(1) prohibit bullying; and
(2) include provisions concerning appropriate
students in each grade,
parental involvement, reporting,
investigation, and intervention.
The rules adopted, and any changes to the rules, must be submitted
to the department annually.
(b) The discipline rules described in subsection (a) must apply when
a student is:
(1) on school grounds immediately before or during school hours,
immediately after school hours, or at any other time when the
school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
(3) traveling to or from school or a school activity, function, or
(4) using property or equipment provided by the school.
(c) This section may not be construed to give rise to a cause of
action against a person or school corporation based on an allegation of
noncompliance with this section. Noncompliance with this section may
not be used as evidence against a school corporation in a cause of
(d) The discipline rules described in subsection (a) must require
(1) A teacher or other school staff member who observes or
receives a report of a bullying incident shall submit a written
report of the bullying incident reported to or observed by a
teacher or other school staff member, including any action
taken by the teacher or other school staff member, to the
principal of the school.
(2) The principal who receives a report submitted under
subdivision (1) shall:
(A) notify the parent of each student involved in the
bullying incident, arranging for a meeting with the parents
if necessary; and
(B) submit to the superintendent a written report of the
action taken by the principal in response to a report
submitted under subdivision (1).
(3) The superintendent shall submit an annual report to the
department of the number and types of bullying incidents
occurring in the school corporation, including actions taken
in response to the incidents.
(e) The department may audit a school corporation's
compliance with this section at any time.