Introduced Version
HOUSE BILL No. 1958
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 6-3.1-2-1
;
IC 9-27-4-5.5
;
IC 11-10-5
;
IC 12-17-2-34
; IC 20-1;
IC 20-5.5-8-4
; IC 20-6.1; IC 20-8.1;
IC 25-1-1.2-2
;
IC 25-33-1
.
Synopsis: Administration of teacher licensing. Provides that the
department of education rather than the professional standards board
governs training, licensing, and professional development of teachers.
Establishes a division within the department to administer these
functions. Changes the current professional standards board into an
advisory board to advise the superintendent of public instruction, the
state board of education, and the department of education on matters
concerning teacher training, licensing, and professional development.
Establishes a fund to receive fee revenue. Provides for use of the fund
for program administration and makes a continuing appropriation for
this purpose. Removes references to
IC 20-6.1-8
, which was repealed
in 2001. Repeals a redundant section and makes transitional provisions.
Effective: July 1, 2003.
Thompson
January 23, 2003, read first time and referred to Committee on Education.
Introduced
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1958
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-3.1-2-1; (03)IN1958.1.1. -->
SECTION 1.
IC 6-3.1-2-1
AS AMENDED BY P.L.292-2002 (ss),
Sect. 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. As used in this chapter, the following terms
have the following meanings:
(1) "Eligible teacher" means a teacher:
(A) certified in a shortage area by the
professional standards
board department of education established by
IC 20-1-1.4;
IC 20-1-1.1-2
; and
(B) employed under contract during the regular school term by
a school corporation in a shortage area.
(2) "Qualified position" means a position that:
(A) is relevant to the teacher's academic training in a shortage
area; and
(B) has been approved by the Indiana state board of education
under section 6 of this chapter.
(3) "Regular school term" means the period, other than the school
summer recess, during which a teacher is required to perform
duties assigned to him under a teaching contract.
(4) "School corporation" means any corporation authorized by law
to establish public schools and levy taxes for their maintenance.
(5) "Shortage area" means the subject areas of mathematics and
science and any other subject area designated as a shortage area
by the Indiana state board of education.
(6) "State income tax liability" means a taxpayer's total income
tax liability incurred under IC 6-2.1 and IC 6-3 as computed after
application of credits that under
IC 6-3.1-1-2
are to be applied
before the credit provided by this chapter.
SOURCE: IC 9-27-4-5.5; (03)IN1958.1.2. -->
SECTION 2.
IC 9-27-4-5.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.5. (a) To receive an
instructor's license under subsection (d), an individual must complete
at least sixty (60) semester hours at a college. The individual must
complete at least twelve (12) semester hours in driver education
courses, of which three (3) semester hours must consist of supervised
student teaching experience under the direction of an individual who
has:
(1) a driver and traffic safety education endorsement issued by the
professional standards board department of education
established by IC 20-1-1.4;
IC 20-1-1.1-2
; and
(2) at least five (5) years of teaching experience in driver
education.
(b) The three (3) semester hours of supervised student teaching
experience required under subsection (a) may only be undertaken by an
individual who will be at least twenty-one (21) years of age upon
completion and may only be performed at a high school, a commercial
driving school, or the college providing the courses for the individual
to become an instructor. The remaining nine (9) hours of driver
education courses required under subsection (a) must include a
combination of theoretical and behind-the-wheel instruction that is
consistent with nationally accepted standards in traffic safety.
(c) The driver education semester hours required under subsection
(a) do not satisfy the requirements of subsection (d) or (e) unless the
driver education curriculum is approved by the commission for higher
education.
(d) The bureau shall issue an instructor's license to an individual
who satisfies all of the following:
(1) The individual meets the requirements of subsection (a).
(2) The individual does not have more than the maximum number
of points for violating traffic laws specified by the bureau by rules
adopted under
IC 4-22-2.
(3) The individual has a good moral character, physical condition,
knowledge of the rules of the road, and work history. The bureau
shall adopt rules under
IC 4-22-2
that specify the requirements,
including requirements about criminal convictions, necessary to
satisfy the conditions of this subdivision.
(e) The bureau shall issue an instructor's license to an individual
who:
(1) during 1995, held an instructor's license;
(2) meets the requirements of subsection (d)(2) and (d)(3); and
(3) completes the twelve (12) semester hours of driver education
courses required under subsection (a) not later than July 1, 1999.
However, an individual who has acted as an instructor for at least two
(2) years before January 1, 1996, is not required to complete the
requirements of subdivision (3) in order to receive an instructor's
license under this subsection.
(f) The bureau shall issue an instructor's license to an individual
who:
(1) holds a driver and traffic safety education endorsement issued
by the professional standards board department of education
established under IC 20-1-1.4;
IC 20-1-1.1-2
; and
(2) meets the requirements of subsection (d)(2) and (d)(3).
(g) Only an individual who holds an instructor's license issued by
the bureau under subsection (d), (e), or (f) may act as an instructor.
SOURCE: IC 11-10-5-2; (03)IN1958.1.3. -->
SECTION 3.
IC 11-10-5-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. The professional
standards Indiana state board of education established by IC 20-1-1.4
IC 20-1-1-1
shall, in accord with
IC 20-6.1-3
, adopt rules under
IC 4-22-2
for the licensing of teachers to be employed by the
department.
SOURCE: IC 11-10-5-3; (03)IN1958.1.4. -->
SECTION 4.
IC 11-10-5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. Limited certificates
valid for one (1) year may be granted, upon the request of the
commissioner, according to rules of the
professional standards Indiana
state board
of education established by
IC 20-1-1.4.
IC 20-1-1-1.
Modification of these rules may be made by the
professional standards
board department of education established by
IC 20-1-1.1-2
in a
way reasonably calculated to make available an adequate supply of
qualified teachers. A limited certificate may be issued in cases where
special training and qualifications warrant the waiver of part of the
prerequisite professional training required for certification to teach in
the public schools. The limited certificate, however, may be issued only
to applicants who have graduated from an accredited college or
university. Teachers of vocational education need not be graduates of
an accredited college or university but shall meet requirements for
conditional vocational certificates as determined by the professional
standards board. department of education.
SOURCE: IC 12-17-2-34; (03)IN1958.1.5. -->
SECTION 5.
IC 12-17-2-34
, AS AMENDED BY P.L.132-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 34. (a) When the Title IV-D agency finds that an
obligor is delinquent and can demonstrate that all previous enforcement
actions have been unsuccessful, the Title IV-D agency shall send, to a
verified address, a notice to the obligor that includes the following:
(1) Specifies that the obligor is delinquent.
(2) Describes the amount of child support that the obligor is in
arrears.
(3) States that unless the obligor:
(A) pays the obligor's child support arrearage in full;
(B) requests the activation of an income withholding order
under
IC 31-16-15-2
and establishes a payment plan with the
Title IV-D agency to pay the arrearage; or
(C) requests a hearing under section 35 of this chapter;
within twenty (20) days after the date the notice is mailed, the Title
IV-D agency shall issue an order to the bureau of motor vehicles stating
that the obligor is delinquent and that the obligor's driving privileges
shall be suspended.
(4) Explains that the obligor has twenty (20) days after the notice
is mailed to do one (1) of the following:
(A) Pay the obligor's child support arrearage in full.
(B) Request the activation of an income withholding order
under
IC 31-16-15-2
and establish a payment plan with the
Title IV-D agency to pay the arrearage.
(C) Request a hearing under section 35 of this chapter.
(5) Explains that if the obligor has not satisfied any of the
requirements of subdivision (4) within twenty (20) days after the
notice is mailed, that the Title IV-D agency shall issue a notice to:
(A) the board
or department that regulates the obligor's
profession or occupation, if any, that the obligor is delinquent
and that the obligor may be subject to sanctions under
IC 25-1-1.2
, including suspension or revocation of the
obligor's professional or occupational license;
(B) the supreme court disciplinary commission if the obligor
is licensed to practice law;
(C) the
professional standards board department of education
as established by
IC 20-1-1.4
IC 20-1-1.1-2
if the obligor is a
licensed teacher;
(D) the Indiana horse racing commission if the obligor holds
or applies for a license issued under
IC 4-31-6
;
(E) the Indiana gaming commission if the obligor holds or
applies for a license issued under IC 4-33;
(F) the commissioner of the department of insurance if the
obligor holds or is an applicant for a license issued under
IC 27-1-15.6
,
IC 27-1-15.8
, or
IC 27-10-3
; or
(G) the director of the department of natural resources if the
obligor holds or is an applicant for a license issued by the
department of natural resources under the following:
(i)
IC 14-22-12
(fishing, hunting, and trapping licenses).
(ii)
IC 14-22-14
(Lake Michigan commercial fishing
license).
(iii)
IC 14-22-16
(bait dealer's license).
(iv)
IC 14-22-17
(mussel license).
(v)
IC 14-22-19
(fur buyer's license).
(vi)
IC 14-24-7
(nursery dealer's license).
(vii)
IC 14-31-3
(ginseng dealer's license).
(6) Explains that the only basis for contesting the issuance of an
order under subdivision (3) or (5) is a mistake of fact.
(7) Explains that an obligor may contest the Title IV-D agency's
determination to issue an order under subdivision (3) or (5) by
making written application to the Title IV-D agency within twenty
(20) days after the date the notice is mailed.
(8) Explains the procedures to:
(A) pay the obligor's child support arrearage in full;
(B) establish a payment plan with the Title IV-D agency to pay
the arrearage; and
(C) request the activation of an income withholding order
under
IC 31-16-15-2.
(b) Whenever the Title IV-D agency finds that an obligor is
delinquent and has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage and request the activation of an income withholding
order under
IC 31-16-15-2
; or
(3) request a hearing under section 35 of this chapter within
twenty (20) days after the date the notice described in subsection
(a) is mailed;
the Title IV-D agency shall issue an order to the bureau of motor
vehicles stating that the obligor is delinquent.
(c) An order issued under subsection (b) must require the following:
(1) If the obligor who is the subject of the order holds a driving
license or permit on the date the order is issued, that the driving
privileges of the obligor be suspended until further order of the
Title IV-D agency.
(2) If the obligor who is the subject of the order does not hold a
driving license or permit on the date the order is issued, that the
bureau of motor vehicles may not issue a driving license or permit
to the obligor until the bureau of motor vehicles receives a further
order from the Title IV-D agency.
(d) The Title IV-D agency shall provide the:
(1) full name;
(2) date of birth;
(3) verified address; and
(4) Social Security number or driving license number;
of the obligor to the bureau of motor vehicles.
(e) When the Title IV-D agency finds that an obligor who is an
applicant (as defined in
IC 25-1-1.2-1
) or a practitioner (as defined in
IC 25-1-1.2-6
) is delinquent and the applicant or practitioner has failed
to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage or request the activation of an income withholding order
under
IC 31-2-10-7;
IC 31-16-15
; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the board
or department
regulating the practice of the obligor's profession or occupation stating
that the obligor is delinquent.
(f) An order issued under subsection (e) must direct the board
regulating the obligor's profession or occupation to impose the
appropriate sanctions described under
IC 25-1-1.2.
(g) When the Title IV-D agency finds that an obligor who is an
attorney or a licensed teacher is delinquent and the attorney or licensed
teacher has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage or request the activation of an income withholding order
under
IC 31-16-15-2
; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall notify the supreme court disciplinary
commission if the obligor is an attorney, or the
professional standards
board department of education if the obligor is a licensed teacher,
that the obligor is delinquent.
(h) When the Title IV-D agency finds that an obligor who holds a
license issued under
IC 4-31-6
or IC 4-33 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage and request the activation of an income withholding
order under
IC 31-16-15-2
; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the Indiana horse racing
commission if the obligor holds a license issued under
IC 4-31-6
, or to
the Indiana gaming commission if the obligor holds a license issued
under IC 4-33, stating that the obligor is delinquent and directing the
commission to impose the appropriate sanctions described in
IC 4-31-6-11
or
IC 4-33-8.5-3.
(i) When the Title IV-D agency finds that an obligor who holds a
license issued under
IC 27-1-15.6
,
IC 27-1-15.8
, or
IC 27-10-3
has
failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage and request the activation of an income withholding
order under
IC 31-16-15-2
; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the commissioner of the
department of insurance stating that the obligor is delinquent and
directing the commissioner to impose the appropriate sanctions
described in
IC 27-1-15.6-29
or
IC 27-10-3-20.
(j) When the Title IV-D agency finds that an obligor who holds a
license issued by the department of natural resources under
IC 14-22-12
,
IC 14-22-14
,
IC 14-22-16
,
IC 14-22-17
,
IC 14-22-19
,
IC 14-24-7
, or
IC 14-31-3
has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage and request the activation of an income withholding
order under
IC 31-16-15-2
; or
(3) request a hearing under section 35 of this chapter;
the Title IV-D agency shall issue an order to the director of the
department of natural resources stating that the obligor is delinquent
and directing the director to suspend or revoke a license issued to the
obligor by the department of natural resources as provided in
IC 14-11-3.
SOURCE: IC 20-1-1-6.5; (03)IN1958.1.6. -->
SECTION 6.
IC 20-1-1-6.5
, AS ADDED BY P.L.221-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6.5. (a) As used in this section, "board" refers to
the Indiana state board of education established under section 1 of this
chapter.
(b) As used in this section, "department" refers to the department of
education established under
IC 20-1-1.1-2.
(c) As used in this section, "governing body" has the meaning set
forth in
IC 20-10.1-1-5.
(d) As used in this section, "plan" refers to an Indiana school
academic plan established under section 6.3 of this chapter.
(e) As used in this section, "program" refers to a professional
development program.
(f) As used in this section, "superintendent" has the meaning set
forth in
IC 20-10.1-1-6.
(g) A school shall develop a program as a component of a plan
established by the school.
(h) The following apply to a program developed under this section:
(1) The program must emphasize improvement of student
learning and performance.
(2) The program must be developed by the committee that
develops the school's strategic and continuous improvement and
achievement plan under
IC 20-10.2-3-1.
(3) The program must be integrated with the school's strategic and
continuous improvement and achievement plan developed under
IC 20-10.2-3.
(i) A school committee shall submit the school's program to the
superintendent for the superintendent's review. The superintendent:
(1) shall review the plan to ensure that the program aligns with
the school corporation's objectives, goals, and expectations;
(2) may make written recommendations of modifications to the
program to ensure alignment; and
(3) shall return the program and any recommendations to the
school committee.
(j) A school committee may modify the program to comply with
recommendations made by the superintendent under subsection (i).
(k) A school committee shall submit the program as part of its plan
to the governing body. The governing body shall:
(1) approve or reject the program as part of the plan; and
(2) submit the program to the board as part of the plan for the
school.
(l) The board may approve a school's program only if the program
meets the board's core principles for professional development and the
following additional criteria:
(1) To ensure high quality professional development, the
program:
(A) is school based and collaboratively designed, and
encourages participants to work collaboratively;
(B) has a primary focus on state and local academic standards,
including a focus on Core 40 subject areas;
(C) enables teachers to improve expertise in subject
knowledge and teaching strategies, uses of technologies, and
other essential elements in teaching to high standards;
(D) furthers the alignment of standards, curriculum, and
assessments; and
(E) includes measurement activities to ensure the transfer of
new knowledge and skills to classroom instruction.
(2) A variety of resources, including needs assessments, an
analysis of data regarding student learning needs, professional
literature, research, and school improvement programs, are used
in developing the program.
(3) The program supports professional development for all
stakeholders.
(4) The program includes ongoing professional growth
experiences that provide adequate time and job embedded
opportunities to support school improvement and student
learning, including flexible time for professional development
that provides professional development opportunities before,
during, and after the regular school day and school year.
(5) Under the program, teacher time for professional development
sustains instructional coherence, participant involvement, and
continuity for students.
(6) The program includes effective, research based strategies to
support ongoing developmental activities.
(7) The program supports experiences to increase the effective
use of technology to improve teaching and learning.
(8) The program encourages diverse techniques, including
inquiry, reflection, action research, networking, study groups,
coaching, and evaluation.
(9) The program includes a means for evaluating the effectiveness
of the program and activities under the program.
(m) The board shall approve an evaluation system for professional
development based on recommendations from the department.
and the
professional standards board. The department shall develop a means
for measuring successful programs and activities in which schools
participate. The measurements must include the following:
(1) A mechanism to identify and develop strategies to collect
multiple forms of data that reflect the achievement of expectations
for all students. The data may include the results of ISTEP tests
under
IC 20-10.1-16
, local tests, classroom work, and teacher and
administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and
student learning, including standards for effective teaching and
effective professional development.
(n) A school qualifies for a grant from the department when the
school's program, developed and submitted under this section, is
approved by the board upon recommendation of the department. For
purposes of determining whether a school qualifies for a grant under
this chapter, the department shall:
(1) review;
(2) suggest changes to; and
(3) recommend approval or rejection of;
a school's program.
(o) A school must use a grant received under this chapter to
implement all or part of the school's program by funding activities that
may include the following:
(1) Partnership programs with other entities, including
professional development schools.
(2) Teacher leadership academies, research teams, and study
groups.
(3) Workshops, seminars, and site visits.
(4) Cooperative programs with other school corporations.
(5) National board certification for teachers.
(p) A school may contract with private or public sector providers to
provide professional development activities under this section.
(q) A grant received under this section:
(1) shall be expended only for the conduct of activities specified
in the program; and
(2) shall be coordinated with other professional development
programs and expenditures of the school and school corporation.
(r) A school shall report to the department concerning the use of
grants received under this chapter. A school that fails to make a report
under this section is not eligible for a subsequent grant.
SOURCE: IC 20-1-1.4-1; (03)IN1958.1.7. -->
SECTION 7.
IC 20-1-1.4-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.
Notwithstanding
IC 20-1-1.1-1, As used in this chapter,
"advisory board" refers to the
professional standards board advisory board for teacher training,
licensing, and professional development established by section 2 3
of this chapter.
SOURCE: IC 20-1-1.4-1.5; (03)IN1958.1.8. -->
SECTION 8.
IC 20-1-1.4-1.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 1.5. As used in this chapter,
"division" refers to the division of teacher training, licensing, and
professional development established by section 2.5 of this chapter.
SOURCE: IC 20-1-1.4-2; (03)IN1958.1.9. -->
SECTION 9.
IC 20-1-1.4-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. The professional
standards board is established to govern teacher training and licensing
programs. Notwithstanding any other law, the board and the board's
staff have The department has the sole authority and responsibility for
making recommendations concerning; and otherwise governing teacher
training and teacher licensing matters, including professional
development.
SOURCE: IC 20-1-1.4-2.5; (03)IN1958.1.10. -->
SECTION 10.
IC 20-1-1.4-2.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2.5. The division of teacher
training, licensing, and professional development is established
within the department to administer the responsibilities of the
department described in section 2 of this chapter.
SOURCE: IC 20-1-1.4-3; (03)IN1958.1.11. -->
SECTION 11.
IC 20-1-1.4-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The advisory
board for teacher training, licensing, and professional development
is established to advise the superintendent, the board, the
department, and the division on matters concerning teacher
training, licensing, and professional development. The advisory
board consists of nineteen (19) voting members.
(b) Each voting member of the advisory board described in this
subsection and subsections (c) and (d) must hold an Indiana teacher's
license and must be actively employed by a school corporation unless
otherwise provided. Eighteen (18) members shall be appointed by the
governor as follows:
(1) One (1) member must hold a license and be actively employed
in a public school as an Indiana school superintendent.
(2) Two (2) members must:
(A) hold licenses as public school principals;
(B) be actively employed as public school principals; and
(C) be employed at schools having dissimilar grade level
configurations.
(3) One (1) member must:
(A) hold a license as a special education director; and
(B) be actively employed as a special education director in:
(i) a school corporation; or
(ii) a public school special education cooperative.
(4) One (1) member must be a member of the governing body of
a school corporation but is not required to be actively employed
by a school corporation or to hold an Indiana teacher's license.
(5) Three (3) members must meet the following conditions:
(A) Represent Indiana teacher training units within Indiana
public and private institutions of higher education.
(B) Hold a teacher's license but not necessarily an Indiana
teacher's license.
(C) Be actively employed by the respective teacher training
units but are not required to be employed by a school
corporation.
(6) Nine (9) members must be licensed and actively employed as
Indiana public school teachers in the following categories:
(A) At least one (1) member must hold an Indiana standard
early childhood education license.
(B) At least one (1) member must hold an Indiana teacher's
license in elementary education.
(C) At least one (1) member must hold an Indiana teacher's
license for middle/junior high school education.
(D) At least one (1) member must hold an Indiana teacher's
license in high school education.
(7) One (1) member must be a member of the business
community in Indiana, but is not required to be actively employed
by a school corporation or to hold an Indiana teacher's license.
(c) Each member described in subsection (b)(6) must be licensed
and actively employed as a practicing teacher in at least one (1) of the
following areas to be appointed:
(1) At least one (1) member must be licensed in special education.
(2) At least one (1) member must be licensed in vocational
education.
(3) At least one (1) member must be employed and licensed in
student services, which may include school librarians or
psychometric evaluators.
(4) At least one (1) member must be licensed in social science
education.
(5) At least one (1) member must be licensed in fine arts
education.
(6) At least one (1) member must be licensed in English or
language arts education.
(7) At least one (1) member must be licensed in mathematics
education.
(8) At least one (1) member must be licensed in science
education.
(d) At least one (1) of the voting members described in subsections
(b) and (c) must be a parent of a student enrolled in a public preschool
or public school within a school corporation in either kindergarten or
any of grades 1 through 12.
(e) The state superintendent shall serve as an ex officio voting
member of the advisory board. The state superintendent may make
recommendations to the governor as to the appointment of members on
the advisory board.
SOURCE: IC 20-1-1.4-4; (03)IN1958.1.12. -->
SECTION 12.
IC 20-1-1.4-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. The term of office
for the appointed members of the advisory board is four (4) years.
SOURCE: IC 20-1-1.4-5; (03)IN1958.1.13. -->
SECTION 13.
IC 20-1-1.4-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. The superintendent
shall appoint the chairman of the advisory board shall be elected by
a majority of the members of the board from among the members of the
advisory board for a term of one (1) year. A member may be reelected
reappointed to serve as a chairman for subsequent terms.
SOURCE: IC 20-1-1.4-6; (03)IN1958.1.14. -->
SECTION 14.
IC 20-1-1.4-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) Each member of
the advisory board who is not a state employee is not entitled to the
minimum salary per diem provided by
IC 4-10-11-2.1
(b). Such a
member is, however, entitled to reimbursement for traveling expenses
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(b) Each member of the advisory board who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SOURCE: IC 20-1-1.4-7; (03)IN1958.1.15. -->
SECTION 15.
IC 20-1-1.4-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) In addition to the
powers and duties set forth in IC 20-6.1, the board shall department
may adopt rules under
IC 4-22-2
to do the following:
(1) Set standards for teacher licensing and administer for the
administration of a professional licensing and certification
process by the department.
(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 agreement with other states to acquire reciprocal
approval of teacher preparation programs.
(6) Set standards for teacher licensing relative to new subjects of
study.
(7) Evaluate work experience and military service relative to
higher education and experience equivalency.
(8) Perform any other action that relates to the improvement of
instruction in the public schools through teacher education and
professional development through continuing education and that
attracts qualified candidates for teacher training from among the
high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as
independent practice school psychologists under
IC 20-1-1.9.
(b) Notwithstanding subsection (a)(1), a person shall earn one (1)
year of occupational experience for purposes of obtaining an
occupational specialist certificate under this article for each year the
person holds a license under
IC 25-8-6.
SOURCE: IC 20-1-1.4-8; (03)IN1958.1.16. -->
SECTION 16.
IC 20-1-1.4-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) The board
department may recommend to the general assembly for consideration
of the general assembly measures relating to the board's department's
powers and duties that improve the quality of teacher preparation or
teacher licensing standards.
(b) The board department shall submit to the general assembly
before November 1 of each year a report:
(1) detailing the findings and activities of the advisory board,
the department, the division, and the advisory board; and
(2) including any recommendations developed by the board.
under this chapter.
SOURCE: IC 20-1-1.4-9; (03)IN1958.1.17. -->
SECTION 17.
IC 20-1-1.4-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The
board
department may, subject to approval by the budget agency, do the
following
to administer the responsibilities of the department
described in section 2 of this chapter:
(1) Establish advisory committees the
board department
determines are necessary.
(2) Expend funds made available to the
board department
according to policies established by the budget agency.
(b) The
board department shall comply with the requirements for
submitting a budget request to the budget agency, as set forth in
IC 4-12-1
, for funds to administer the responsibilities of the
department described in section 2 of this chapter.
SOURCE: IC 20-1-1.4-10; (03)IN1958.1.18. -->
SECTION 18.
IC 20-1-1.4-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. IC 4-21.5 applies
to orders issued by the board. under this chapter.
SOURCE: IC 20-1-1.4-11; (03)IN1958.1.19. -->
SECTION 19.
IC 20-1-1.4-11
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 11. There is established the
teacher training, licensing, and professional development fund to
be administered by the department. The fund consists of fee
revenues collected under this chapter and
IC 20-6.1-3-6.
Money in
the fund does not revert to the state general fund at the end of a
state fiscal year. Money in the fund is continuously appropriated
for use by the department for administrative expenses in carrying
out its responsibilities described in section 2 of this chapter.
SOURCE: IC 20-1-1.9-4; (03)IN1958.1.20. -->
SECTION 20.
IC 20-1-1.9-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. An individual who
applies for an endorsement as an independent practice school
psychologist must meet the following requirements:
(1) Be licensed as a school psychologist by the
professional
standards board established by IC 20-1-1.4-2. department.
(2) Be employed by a:
(A) developmental center;
(B) state hospital;
(C) public or private hospital;
(D) mental health center;
(E) rehabilitation center;
(F) private school; or
(G) public school;
at least thirty (30) hours per week during the contract period
unless the individual is retired from full-time or part-time
employment as a school psychologist or the individual has a
medical condition or physical disability that restricts the mobility
required for employment in a school setting.
(3) Furnish satisfactory evidence to the
professional standards
board department that the applicant has received at least a sixty
(60) semester hour master's or specialist degree in school
psychology from:
(A) a recognized institution of higher learning; or
(B) an educational institution not located in the United States
that has a program of study that meets the standards of the
board. department.
(4) Furnish satisfactory evidence to the professional standards
board department that the applicant has demonstrated graduate
level competency through the successful completion of course
work and a practicum in the areas of assessment and counseling.
(5) Furnish satisfactory evidence to the professional standards
board department that the applicant has at least one thousand
two hundred (1,200) hours of school psychology experience
beyond the master's degree level. At least six hundred (600) hours
must be in a school setting under the supervision of any of the
following:
(A) A physician licensed under IC 25-22.5.
(B) A psychologist licensed under IC 25-33.
(C) A school psychologist licensed under
IC 20-1-1.4.
(6) Furnish satisfactory evidence to the professional standards
board department that the applicant has completed, in addition
to the requirements in subdivision (5), at least four hundred (400)
hours of supervised experience in identification and referral of
mental and behavioral disorders, including at least one (1) hour
each week of direct personal supervision by a:
(A) physician licensed under IC 25-22.5;
(B) psychologist licensed under IC 25-33; or
(C) school psychologist endorsed under this chapter;
with at least ten (10) hours of direct personal supervision.
(7) Furnish satisfactory evidence to the professional standards
board department that the applicant has completed, in addition
to the requirements of subdivisions (5) and (6), fifty-two (52)
hours of supervision with a physician licensed under IC 25-22.5,
a psychologist licensed under IC 25-33, or a school psychologist
endorsed under this chapter that meets the following
requirements:
(A) The fifty-two (52) hours must be completed within at least
twenty-four (24) consecutive months but not less than twelve
(12) months.
(B) Not more than one (1) hour of supervision may be
included in the total for each week.
(C) At least nine hundred (900) hours of direct client contact
must take place during the total period under subdivision
clause (A).
(8) Furnish satisfactory evidence to the professional standards
board department that the applicant does not have a conviction
for a crime that has a direct bearing on the applicant's ability to
practice competently.
(9) Furnish satisfactory evidence to the professional standards
board department that the applicant has not been the subject of
a disciplinary action by a licensing or certification agency of any
jurisdiction on the grounds that the applicant was not able to
practice as a school psychologist without endangering the public.
(10) Pass the examination provided by the professional standards
board. department.
SOURCE: IC 20-5.5-8-4; (03)IN1958.1.21. -->
SECTION 21.
IC 20-5.5-8-4
, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. Except as specifically provided in this article
and the statutes listed in section 5 of this chapter, the following do not
apply to a charter school:
(1) Any Indiana statute applicable to a governing body or school
corporation.
(2) A rule or guideline adopted by the Indiana state board of
education,
(3) A rule or guideline adopted by the professional standards
board (established by IC 20-1-1.4-2), except for those rules that
assist a teacher in gaining or renewing a standard or advanced
license.
(4) (3) A local regulation or policy adopted by a school
corporation unless specifically incorporated in the charter.
SOURCE: IC 20-6.1-1-4; (03)IN1958.1.22. -->
SECTION 22.
IC 20-6.1-1-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) As used in this
article, the term "license" refers to any document issued by the
professional standards board established by IC 20-1-1.4, department
which that grants permission to serve as a particular kind of teacher.
The term includes but is not necessarily limited to any certificate or
permit issued by the professional standards board. department.
(b) As used in this article, the term "kind of license" refers to the
various types and grades of licenses.
SOURCE: IC 20-6.1-2-1; (03)IN1958.1.23. -->
SECTION 23.
IC 20-6.1-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. The professional
standards board established by IC 20-1-1.4 department shall:
(1) arrange a statewide system of professional instruction for
teacher training;
(2) accredit and inspect teacher training schools and departments
which comply with the rules of the professional standards board;
department;
(3) recommend and approve courses for the training of particular
kinds of teachers in accredited schools and departments; and
(4) specify the kinds of licenses for graduates of approved
courses.
SOURCE: IC 20-6.1-2-2; (03)IN1958.1.24. -->
SECTION 24.
IC 20-6.1-2-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Each accredited
school and department may use the word "accredited" in advertising its
approved courses and the kind of teachers it is accredited to prepare.
Each accredited school and department may enter into the student
teaching agreements specified in
IC 20-5-10.
(b) The professional standards board department shall revoke this
right to use the word "accredited" when an accredited school or
department refuses to abide by the professional standards board's
department's rules.
SOURCE: IC 20-6.1-3-1; (03)IN1958.1.25. -->
SECTION 25.
IC 20-6.1-3-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. The board
department is responsible for the licensing of teachers.
SOURCE: IC 20-6.1-3-2; (03)IN1958.1.26. -->
SECTION 26.
IC 20-6.1-3-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. The board
department may adopt rules for:
(1) the issuance of a substitute license; and
(2) the employment of substitute licensees.
A person may not serve as a substitute teacher without a license issued
by the board. department.
SOURCE: IC 20-6.1-3-3; (03)IN1958.1.27. -->
SECTION 27.
IC 20-6.1-3-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The board
department shall designate:
(1) the grade average required for each kind of license; and
(2) the kinds of license to which the teachers' minimum salary
laws apply, including nonrenewable one (1) year limited licenses.
(b) The board department shall determine details of licensing not
provided in this chapter. These details may include requirements
regarding:
(1) the conversion of one kind of license into another;
(2) the accreditation of teacher training 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 training institutions
of another state;
(6) the academic and professional preparation for each kind of
license;
(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 kind of license for each school position;
(10) the size of an elementary school requiring a licensed
principal; and
(11) other related matters.
However, the board department shall not later than December 31,
1984, establish at least one (1) system for renewing a teaching license
that does not require a graduate degree.
(c) The board department shall periodically publish bulletins
regarding:
(1) the details described in subsection (b);
(2) information on the kinds of licenses issued;
(3) the rules governing the issuance of each kind of license; and
(4) other similar matters.
SOURCE: IC 20-6.1-3-6; (03)IN1958.1.28. -->
SECTION 28.
IC 20-6.1-3-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) The following
fees remain in effect and shall be collected by the board department
until replaced by new fees adopted by rule under this section:
(1) Five dollars ($5) for evaluation of the qualifications of
applicants for licenses to practice as a teacher.
(2) Five dollars ($5) for licensure to practice as a teacher.
(3) Five dollars ($5) for the issuance of a duplicate license to
practice as a teacher.
(b) The board department shall adopt by rule and cause to be
collected fees sufficient to pay all of the costs of the services described
in subsection (a)(1), (a)(2), and (a)(3).
(c) All fees collected under this section shall be deposited in the
state general teacher training, licensing, and professional
development fund for use by the board in complying with the duties of
the board. established by
IC 20-1-1.4-11.
SOURCE: IC 20-6.1-3-7; (03)IN1958.1.29. -->
SECTION 29.
IC 20-6.1-3-7
, AS AMENDED BY P.L.37-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) On the written recommendation of the state
superintendent, the
board department may revoke a license for:
(1) immorality;
(2) misconduct in office;
(3) incompetency; or
(4) willful neglect of duty.
However, for each revocation, the
board department shall comply with
IC 4-21.5-3.
(b) The superintendent of a school corporation or equivalent
authority for an accredited nonpublic school shall immediately notify
the state superintendent when the person knows that a current or former
licensed employee of the school corporation or accredited nonpublic
school has been convicted of an offense listed in subsection (c).
(c) The board, department, after holding a hearing on the matter,
shall permanently revoke the license of a person who is known by the
board department to have been convicted of any of the following
offenses:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(2) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(d) A license may be suspended by the state superintendent as
specified in
IC 20-6.1-4-13.
SOURCE: IC 20-6.1-3-7.1; (03)IN1958.1.30. -->
SECTION 30.
IC 20-6.1-3-7.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7.1. (a) As used in this
section, "applicant" refers to an applicant for:
(1) a new license;
(2) a renewal license; or
(3) a substitute teacher certificate;
issued by the
board. department.
(b) As used in this section, "limited criminal history" has the
meaning set forth in
IC 5-2-5-1
(1).
(c) As used in this section, "disposition" has the meaning set forth
in
IC 5-2-5-1
(6).
(d) An applicant must do the following:
(1) Submit a request to the Indiana central repository for limited
criminal history information under
IC 5-2-5.
(2) Obtain a copy of the limited criminal history for the applicant
from the repository's records.
(3) Submit to the
board department the limited criminal history
for the applicant.
(4) Submit to the
board department a document verifying a
disposition that does not appear on the limited criminal history for
the applicant.
(e) The
board department may deny the issuance of a license or
certificate to an applicant who is convicted of an offense for which the
individual's license may be revoked or suspended under this chapter.
(f) The board department must use the information obtained under
this section in accordance with
IC 5-2-5-6.
(g) An applicant is responsible for all costs associated with meeting
the requirements of this section.
SOURCE: IC 20-6.1-3-8; (03)IN1958.1.31. -->
SECTION 31.
IC 20-6.1-3-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) The board
department shall keep a record of:
(1) all licenses issued;
(2) all licenses in force; and
(3) the academic preparation, professional preparation, and
teaching experience of each applicant for a license or a license
renewal.
(b) Each superintendent shall register and keep a record of:
(1) the kind of license held by each teacher;
(2) each teacher's date of first employment; and
(3) each teacher's annual or monthly salary.
SOURCE: IC 20-6.1-3-9; (03)IN1958.1.32. -->
SECTION 32.
IC 20-6.1-3-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The board
department shall not renew the junior high/middle school or
secondary education license of a teacher on the basis of the teacher
obtaining a graduate degree unless the teacher completes at least the
equivalent of eighteen (18) semester hours beyond the teacher's
undergraduate degree in any combination of courses in the teacher's
major, minor, primary, supporting, or endorsement areas. These
semester hours may include graduate hours, undergraduate hours, or
both, as determined by the board. department.
(b) The board department may adopt rules under
IC 4-22-2
to
create exceptions to subsection (a), and may grant individual waivers
to subsection (a).
(c) This section does not apply to anyone who, on or before
September 1, 1985, has earned more than the equivalent of twelve (12)
semester hours of graduate credit.
SOURCE: IC 20-6.1-3-10.1; (03)IN1958.1.33. -->
SECTION 33.
IC 20-6.1-3-10.1
, AS AMENDED BY P.L.135-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 10.1. (a) The board department may not grant an
initial standard license to an individual unless the individual has
demonstrated proficiency in the following areas on a written
examination or through other procedures prescribed by the board:
department:
(1) Basic reading, writing, and mathematics.
(2) Pedagogy.
(3) Knowledge of the areas in which the individual is required to
have a license to teach.
(4) If the individual is seeking to be licensed as an elementary
school teacher, comprehensive reading instruction skills,
including:
(A) phonemic awareness; and
(B) phonics instruction.
(b) An individual's license examination score may not be disclosed
by the board department without the individual's consent unless
specifically required by state or federal statute or court order.
(c) The board department shall adopt rules under
IC 4-22-2
to do
the following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (a).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
(d) The board department shall adopt rules under
IC 4-22-2
establishing the conditions under which the requirements of this
section may be waived for individuals holding valid teachers licenses
issued by another state.
(e) Subsection (a) does not apply to individuals holding Indiana
limited, reciprocal, or standard teaching licenses on June 30, 1985.
(f) If the board department is notified by the department of state
revenue that a person is on the most recent tax warrant list, the board
department may not grant an initial standard license to the person
until:
(1) the person provides the board department with a statement
from the department of state revenue indicating that the person's
delinquent tax liability has been satisfied; or
(2) the board department receives a notice from the
commissioner of the department of state revenue under
IC 6-8.1-8-2
(k).
SOURCE: IC 20-6.1-3-11; (03)IN1958.1.34. -->
SECTION 34.
IC 20-6.1-3-11
, AS ADDED BY P.L.100-2001,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 11. (a) As used in this section, "program" refers
to the transition to teaching program established by subsection (b).
(b) The transition to teaching program is established to accomplish
the following:
(1) Facilitate the transition into the teaching profession of
competent professionals in fields other than teaching.
(2) Allow competent professionals who do not hold a teaching
license to earn and be issued a teaching license through
participation in and satisfactory completion of the program.
(c) Subject to the requirements of this section, the board
department shall develop and administer the program. The board
department shall determine the details of the program that are not
included in this section.
(d) Each accredited teacher training school and department shall
establish a course of study that constitutes the higher education
component of the program. The higher education component required
under this subsection must comply with the following requirements:
(1) Include the following study requirements:
(A) For a program participant who seeks to obtain a license to
teach in grade 6 through grade 12, up to eighteen (18) credit
hours of study or the equivalent that prepare a program
participant to meet Indiana standards for teaching in the
subject areas corresponding to the area in which the program
participant has met the education requirements under
subsection (e), unless the program participant demonstrates
that the program participant requires fewer credit hours of
study to meet Indiana standards for teaching.
(B) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, twenty-four (24) credit
hours of study or the equivalent, which must include at least
six (6) credit hours in the teaching of reading, that prepare a
program participant to meet Indiana standards for teaching,
unless the program participant demonstrates that the program
participant requires fewer credit hours of study to meet Indiana
standards for teaching.
(2) Focus on the communication of knowledge to students.
(3) Include suitable field or classroom experiences if the program
participant does not have teaching experience.
(e) A person who wishes to participate in the program must have
one (1) of the following qualifications:
(1) For a program participant who seeks to obtain a license to
teach in grade 6 through grade 12, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of three (3.0) on a four (4.0) scale from an accredited
institution of higher education in the subject area that the
person intends to teach.
(B) A graduate degree from an accredited institution of higher
education in the subject area that the person intends to teach.
(C) Both:
(i) a bachelor's degree from an accredited institution of
higher education with a grade point average of two and
five-tenths (2.5) on a four (4) point scale; and
(ii) five (5) years of professional experience;
in the subject area that the person intends to teach.
(2) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of three (3.0) on a four (4.0) scale from an accredited
institution of higher education.
(B) Both:
(i) a bachelor's degree from an accredited institution of
higher education with a grade point average of two and
five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years of professional experience in an
education-related field.
(f) The
board department shall grant an initial standard license to
a program participant who does the following:
(1) Successfully completes the higher education component of the
program.
(2) Demonstrates proficiency through a written examination in:
(A) basic reading, writing, and mathematics;
(B) pedagogy; and
(C) knowledge of the areas in which the program participant
is required to have a license to teach;
under section 10.1(a) of this chapter.
(3) Participates successfully in a beginning teacher internship
program
under IC 20-6.1-8 that includes implementation in a
classroom of the teaching skills learned in the higher education
component of the program.
(4) Receives a successful assessment of teaching skills upon
completion of the beginning teacher internship program from the
administrator of the school where the beginning teacher
internship program takes place, or, if the program participant does
not receive a successful assessment,
participates continues
participation in the beginning teacher internship program.
for a
second year, as provided under IC 20-6.1-8-13. The appeals
provisions of IC 20-6.1-8-14 apply to an assessment under this
subdivision.
(g) This subsection applies to a program participant who has a
degree described in subsection (e) that does not include all the content
areas of a standard license issued by the
board. department. The
board
department shall issue an initial standard license that is restricted to
only the content areas in which the program participant has a degree
unless the program participant demonstrates sufficient knowledge in
other content areas of the license.
(h) A school corporation may hire a program participant to teach
only in the subject area in which the participant meets the
qualifications set forth under subsection (e).
(i) After receiving an initial standard license under subsection (f) or
(g), a program participant who seeks to renew the participant's initial
standard license must meet the same requirements as other candidates
for license renewal.
(j) The board department may adopt rules under
IC 4-22-2
to
administer this section. Rules adopted under this subsection must
include a requirement that accredited teacher training schools and
departments submit an annual report to the board department of the
number of individuals who:
(1) enroll in; and
(2) complete;
the program.
SOURCE: IC 20-6.1-5-1; (03)IN1958.1.35. -->
SECTION 35.
IC 20-6.1-5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. Computation of
minimum salary shall be made each school year on the basis of the
teacher's training, experience, and degree, completed as of the first day
of service. If a teacher is licensed by the
professional standards board
department on the first day of service in the current school year or on
another date as agreed by the school employer and the exclusive
representative under IC 20-7.5, the minimum salary of the public
school teacher is as follows:
(1) The minimum salary of a teacher who has completed four (4)
years or one hundred forty-four (144) weeks of professional
training, for service during a nine (9) months school term, is five
thousand two hundred dollars ($5,200). To this salary, an
increment of one hundred fifty dollars ($150) shall be added for
each of the first ten (10) years of experience. An increment of two
hundred fifty dollars ($250) shall be added to this salary after the
fifteenth year and again after the twentieth year of experience.
(2) The minimum salary of a teacher who has completed five (5)
years or one hundred eighty (180) weeks of professional training,
for service during a nine (9) months school term, is five thousand
five hundred dollars ($5,500). To this salary, an increment of one
hundred fifty dollars ($150) shall be added for each of the first
eighteen (18) years of experience. An increment of three hundred
dollars ($300) shall be added to this salary after each of the
following years of experience:
(A) The nineteenth.
(B) The twentieth.
(C) The twenty-second.
(D) The twenty-fourth.
(E) The twenty-sixth.
(F) The thirtieth.
(3) The beginning salary of a teacher who has completed less than
four (4) years of professional training, for service during a nine
(9) months school term, is four thousand seven hundred dollars
($4,700). To this salary, an increment of one hundred twenty
dollars ($120) shall be added after each of the first ten (10) years
of experience.
SOURCE: IC 20-6.1-5-2; (03)IN1958.1.36. -->
SECTION 36.
IC 20-6.1-5-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) If the school term
of or contract with a school corporation is more or less than nine (9)
months, the minimum salary as set forth in section 1 of this chapter
shall be proportionately increased or decreased.
(b) The professional standards board department shall require:
(1) a bachelor's degree from an accredited teacher training
institution for each teacher seeking to qualify for the first time for
classification under section 1(1) of this chapter; and
(2) a master's degree for each teacher seeking to qualify for the
first time for classification under section 1(2) of this chapter. Five
(5) years of training may not be recognized unless at least a
bachelor's degree has been completed.
(c) In fixing the annual salary of teachers when contracting with
them or when distributing state funds, a fraction of less than one-half
(1/2) of a dollar is dropped while a fraction of one-half (1/2) or more
is adjusted to the next whole dollar.
SOURCE: IC 20-6.1-5-4; (03)IN1958.1.37. -->
SECTION 37.
IC 20-6.1-5-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) A person who:
(1) holds a:
(A) professional license;
(B) provisional license;
(C) limited license; or
(D) an equivalent license, which is issued by the professional
standards board; department; and
(2) serves as an occasional substitute teacher;
shall be compensated on the pay schedule for substitutes of the school
corporation he the person serves.
(b) A person who:
(1) holds a:
(A) professional license; or
(B) provisional license; and
(2) serves as a substitute teacher in the same teaching position for
more than fifteen (15) consecutive school days;
shall be compensated on the regular pay schedule for teachers of the
school corporation he the person serves.
SOURCE: IC 20-8.1-3-13; (03)IN1958.1.38. -->
SECTION 38.
IC 20-8.1-3-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. With the exception
of ex officio attendance officers, no person may hold the position of
attendance officer unless he the person has complied with all
standards of the professional standards board department and has been
properly licensed by that body.
SOURCE: IC 20-8.1-6.1-6.1; (03)IN1958.1.39. -->
SECTION 39.
IC 20-8.1-6.1-6.1
, AS AMENDED BY P.L.118-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6.1. (a) A school corporation may enter into an
agreement with:
(1) a nonprofit corporation that operates a federally approved
education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are
certified by the
professional standards board; department;
(C) employs other professionally and state licensed staff as
appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a public
school in that school corporation and have been found to be
emotionally disturbed;
(ii) have been placed with the nonprofit corporation by court
order;
(iii) have been referred by a local health department; or
(iv) have been placed in a state licensed private or public
health care or child care facility as described in section 5(b)
of this chapter;
in order to provide a student with an individualized education program
that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon from the
transfer tuition of the student. The amount agreed upon may not exceed
the transfer tuition costs that otherwise would be payable to the
transferee corporation.
(c) If a school corporation that is a transferor corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon which
may not exceed the transfer tuition costs that otherwise would be
payable to a transferee school corporation.
SOURCE: IC 25-1-1.2-2; (03)IN1958.1.40. -->
SECTION 40.
IC 25-1-1.2-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. As used in this
chapter, "board" means an entity that regulates occupations or
professions under this title and the professional standards board
department of education as established by IC 20-1-1.4.
IC 20-1-1.1-2.
SOURCE: IC 25-33-1-3; (03)IN1958.1.41. -->
SECTION 41.
IC 25-33-1-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) There is created
a board to be known as the "state psychology board". The board shall
consist of seven (7) members appointed by the governor. Six (6) of the
board members shall be licensed under this article and shall have had
at least five (5) years of experience as a professional psychologist prior
to their appointment. The seventh member shall be appointed to
represent the general public, must be a resident of this state, must never
have been credentialed in a mental health profession, and must in no
way be associated with the profession of psychology other than as a
consumer. All members shall be appointed for a term of three (3) years.
All members may serve until their successors are duly appointed and
qualified. A vacancy occurring on the board shall be filled by the
governor by appointment. The member so appointed shall serve for the
unexpired term of the vacating member. Each member of the board is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1
(b).
Such a member is also entitled to reimbursement for traveling expenses
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
(b) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. Such
officers shall serve for a term of one (1) year. The board shall meet at
least once in each calendar year and on such other occasions as it
considers necessary and advisable. A meeting of the board may be
called by its chairman or by a majority of the members on the board.
Four (4) members of the board constitute a quorum. A majority of the
quorum may transact business.
(c) The board is empowered to do the following:
(1) Establish reasonable application, examination, and renewal
procedures and set fees for licensure under this article. However,
no fee collected under this article shall, under any circumstances,
be refunded.
(2) Adopt and enforce rules concerning assessment of costs in
disciplinary proceedings before the board.
(3) Establish examinations of applicants for licensure under this
article and issue, deny, suspend, revoke, and renew licenses.
(4) Subject to
IC 25-1-7
, investigate and conduct hearings, upon
complaint against individuals licensed or not licensed under this
article, concerning alleged violation of this article, under
procedures conducted in accordance with IC 4-21.5.
(5) Initiate the prosecution and enjoinder of any person violating
this article.
(6) Adopt rules which are necessary for the proper performance
of its duties, in accordance with
IC 4-22-2.
(7) Establish a code of professional conduct.
(d) The board shall adopt rules establishing standards for the
competent practice of psychology.
(e) All expenses incurred in the administration of this article shall
be paid from the general fund upon appropriation being made in the
manner provided by law for the making of such appropriations.
(f) The bureau shall do the following:
(1) Carry out the administrative functions of the board.
(2) Provide necessary personnel to carry out the duties of this
article.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of the state for
deposit in the state general fund.
(g) The board shall adopt rules under
IC 4-22-2
to establish,
maintain, and update a list of restricted psychology tests and
instruments (as defined in section 14(b) of this chapter) containing
those psychology tests and instruments that, because of their design or
complexity, create a danger to the public by being improperly
administered and interpreted by an individual other than:
(1) a psychologist licensed under
IC 25-33-1-5.1
;
(2) an appropriately trained mental health provider under the
direct supervision of a health service provider endorsed under
IC 25-33-1-5.1
(c);
(3) a qualified physician licensed under IC 25-22.5;
(4) a school psychologist who holds a valid:
(A) license issued by the
professional standards board
department of education under
IC 20-1-1.4-2
; or
(B) endorsement under
IC 20-1-1.9
;
practicing within the scope of the school psychologist's license or
endorsement; or
(5) a minister, priest, rabbi, or other member of the clergy
providing pastoral counseling or other assistance.
(h) The board shall provide to:
(1) the social work certification and marriage and family
therapists credentialing board; and
(2) any other interested party upon receiving the request of the
interested party;
a list of the names of tests and instruments proposed for inclusion on
the list of restricted psychological tests and instruments under
subsection (g) at least sixty (60) days before publishing notice of intent
under
IC 4-22-2-23
to adopt a rule regarding restricted tests and
instruments.
(i) The social work certification and marriage and family therapists
credentialing board and any other interested party that receives the list
under subsection (h) may offer written comments or objections
regarding a test or instrument proposed for inclusion on the list of
restricted tests and instruments within sixty (60) days after receiving
the list. If:
(1) the comments or objections provide evidence indicating that
a proposed test or instrument does not meet the criteria
established for restricted tests and instruments, the board may
delete that test from the list of restricted tests; and
(2) the board determines that a proposed test or instrument meets
the criteria for restriction after reviewing objections to the test or
instrument, the board shall respond in writing to justify its
decision to include the proposed test or instrument on the list of
restricted tests and instruments.
(j) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the health care professional's:
(1) license or certification; and
(2) training or credentials.
SOURCE: IC 25-33-1-14; (03)IN1958.1.42. -->
SECTION 42.
IC 25-33-1-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. (a) This section
does not apply to an individual who is:
(1) a member of a teaching faculty, at a public or private
institution of higher learning for the purpose of teaching,
research, or the exchange or dissemination of information and
ideas as an assigned duty of the institution;
(2) a commissioned psychology officer in the regular United
States armed services;
(3) licensed by the professional standards board department of
education (established by IC 20-1-1.4-2
IC 20-1-1.1-2
) as a
school psychologist and using the title "school psychologist" or
"school psychometrist" as an employee of a school corporation;
or
(4) endorsed as an independent practice school psychologist
under
IC 20-1-1.9.
(b) As used in this section, "restricted psychology test or
instrument" means a measurement instrument or device used for
treatment planning, diagnosing, or classifying intelligence, mental and
emotional disorders and disabilities, disorders of personality, or
neuropsychological, neurocognitive, or cognitive functioning. The term
does not apply to an educational instrument used in a school setting to
assess educational progress or an appraisal instrument.
(c) It is unlawful for an individual to:
(1) claim that the individual is a psychologist; or
(2) use any title which uses the word "psychologist", "clinical
psychologist", "Indiana endorsed school psychologist" or
"psychometrist", or any variant of these words, such as
"psychology", or "psychological", or "psychologic";
unless that individual holds a valid license issued under this article or
a valid endorsement issued under
IC 20-1-1.9.
(d) It is unlawful for any individual, regardless of title, to render, or
offer to render, psychological services to individuals, organizations, or
to the public, unless the individual holds a valid license issued under
this article or a valid endorsement issued under
IC 20-1-1.9
or is
exempted under section 1.1 of this chapter.
(e) It is unlawful for an individual, other than:
(1) a psychologist licensed under
IC 25-33-1-5.1
;
(2) an appropriately trained mental health provider under the
direct supervision of a health service provider endorsed under
IC 25-33-1-5.1
(c);
(3) a qualified physician licensed under IC 25-22.5;
(4) a school psychologist who holds a valid:
(A) license issued by the professional standards board
department of education under
IC 20-1-1.4-2
; or
(B) endorsement under
IC 20-1-1.9
;
who practices within the scope of the school psychologist's
license or endorsement; or
(5) a minister, priest, rabbi, or other member of the clergy
providing pastoral counseling or other assistance;
to administer or interpret a restricted psychology test or instrument as
established by the board under
IC 25-33-1-3
(g) in the course of
rendering psychological services to individuals, organizations, or to the
public.
(f) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the health care professional's:
(1) license or certification; and
(2) training or credentials.
SOURCE: IC 20-6.1-3-1.5; (03)IN1958.1.43. -->
SECTION 43.
IC 20-6.1-3-1.5
IS REPEALED [EFFECTIVE JULY
1, 2003].
SOURCE: ; (03)IN1958.1.44. -->
SECTION 44. [EFFECTIVE JULY 1, 2003]
(a) The professional
standards board established by
IC 20-1-1.4-2,
before its
amendment by this act, is abolished.
(b) The following are transferred from the professional
standards board to the department of education established by
IC 20-1-1.1-2
:
(1) All real and personal property of the professional
standards board.
(2) All powers, duties, assets, and liabilities of the professional
standards board.
(3) All appropriations to the professional standards board.
(c) Money in the professional standards board licensing fund
established by P.L.291-2001, SECTION 9, is transferred to the
teacher training, licensing, and professional development fund
established by
IC 20-1-1.4-11
, as added by this act.
(d) Rules that were adopted by the professional standards board
shall be treated as though the rules were adopted by the Indiana
state board of education established by
IC 20-1-1-1.
(e) A reference to the professional standards board in a statute
or rule shall be treated as a reference to the department of
education established by
IC 20-1-1.1-2.
(f) The members appointed before July 1, 2003, to the
professional standards board:
(1) become members of the advisory board for teacher
training, licensing, and professional development established
by
IC 20-1-1.4-2.5
, as added by this act; and
(2) may serve until the expiration of the term for which they
were appointed.
(g) A license or permit issued by the professional standards
board before July 1, 2003, should be treated after June 30, 2003, as
a license or permit issued by the department of education
established by
IC 20-1-1.1-2.
(h) Pending proceedings are transferred from the professional
standards board to the department of education and treated as if
initiated by the department of education established by
IC 20-1-1.1-2.