CHAPTER 3. DEPARTMENT OF EDUCATION
IC 20-19-3
Chapter 3. Department of Education
IC 20-19-3-1
Establishment
Sec. 1. The department of education is established.
As added by P.L.1-2005, SEC.3.
IC 20-19-3-2
Director
Sec. 2. The state superintendent is the director of the department.
As added by P.L.1-2005, SEC.3.
IC 20-19-3-3
Hiring personnel
Sec. 3. The state superintendent:
(1) subject to IC 20-19-2-8(a)(1); and
(2) with the approval of the budget agency;
may hire the personnel necessary to perform the duties of thedepartment under this title.
As added by P.L.1-2005, SEC.3.
IC 20-19-3-4
Duties of department; suspension and expulsion statistics
Sec. 4. (a) The department shall:
(1) perform the duties required by statute;
(2) implement the policies and procedures established by thestate board;
(3) conduct analytical research to assist the state board indetermining the state's educational policy;
(4) compile statistics concerning the ethnicity, gender, anddisability status of students in Indiana schools, includingstatistics for all information that the department receives fromschool corporations on enrollment, number of suspensions, andnumber of expulsions; and
(5) provide technical assistance to school corporations.
(b) In compiling statistics by gender, ethnicity, and disabilitystatus under subsection (a)(4), the department shall also categorizesuspensions and expulsions by cause as follows:
(1) Alcohol.
(2) Drugs.
(3) Deadly weapons (other than firearms).
(4) Handguns.
(5) Rifles or shotguns.
(6) Other firearms.
(7) Tobacco.
(8) Attendance.
(9) Destruction of property.
(10) Legal settlement (under IC 20-33-8-17).
(11) Fighting (incident does not rise to the level of battery). (12) Battery (IC 35-42-2-1).
(13) Intimidation (IC 35-45-2-1).
(14) Verbal aggression or profanity.
(15) Defiance.
(16) Other.
(c) The department shall develop guidelines necessary toimplement this section.
As added by P.L.1-2005, SEC.3. Amended by P.L.242-2005, SEC.10.
IC 20-19-3-5
Powers of department
Sec. 5. The department may:
(1) exercise the powers granted by statute;
(2) with the approval of the budget agency, employ experts andconsultants to assist the department in carrying out itsfunctions;
(3) with the consent of other state agencies, use the services andfacilities of other state agencies without reimbursements;
(4) accept in the name of the department, for use in carrying outthe functions of the department, money received by gift, grant,bequest, or otherwise;
(5) accept voluntary and uncompensated services; and
(6) expend funds made available to the department according topolicies established by the budget agency.
As added by P.L.1-2005, SEC.3.
IC 20-19-3-6
Education consultant for health and physical education
Sec. 6. (a) The department shall:
(1) establish a program in health and physical education toencourage children in kindergarten through grade 12 to develop:
(A) healthful living habits;
(B) an interest in lifetime health and physical fitness; and
(C) decision making skills in the areas of health and physicalfitness;
(2) establish the position of education consultant for health andphysical education; and
(3) hire an individual to perform the duties of educationconsultant for health and physical education.
(b) The education consultant for health and physical educationshall:
(1) plan and develop curricula for health and physical educationfor grades kindergarten through 12; and
(2) perform other duties designated by the department.
(c) The program in health and physical education must include thefollowing:
(1) Local school program development.
(2) Technical and inservice training assistance for local schools.
(3) Local school initiatives in writing curricula in the areas ofhealth and physical education. (4) Cardiopulmonary resuscitation training using a trainingprogram approved by the American Heart Association or anequivalent nationally recognized training program.
(d) The department may give grants to or enter into contracts withindividuals or school corporations to carry out the purposes of theprogram in health and physical education.
As added by P.L.1-2005, SEC.3.
IC 20-19-3-7
Federal grants; restrictions on acceptance or distribution;withdrawal from grant program
Sec. 7. (a) The department may not accept or distribute to schoolcorporations grants from the federal government under Title III ofP.L.103-227 (repealed), if the state superintendent determines thatacceptance or distribution of grant money does at least one (1) of thefollowing:
(1) Authorizes an officer or employee of the federal governmentto mandate, direct, or control at least one (1) of the following:
(A) The department.
(B) A school corporation.
(C) A school curriculum or program of instruction.
(D) Allocation of a state or local government resource.
(2) Requires the department, a school corporation, or a schoolto spend money or incur an expense not paid under Title III ofP.L.103-227 (repealed).
(3) Requires a school corporation, as a condition ofparticipation, to increase the access of students to at least one(1) of the following:
(A) Social services.
(B) Health care.
(C) Nutrition.
(D) Services related to the services listed in clauses (A)through (C).
(E) Child care services.
(4) Requires a school corporation, as a condition ofparticipation, to implement an outcome based educationprogram.
(5) Requires a school corporation, as a condition ofparticipation, to adopt:
(A) a national curriculum; or
(B) national assessment standards.
(6) Requires federal government certification of:
(A) a state curriculum; or
(B) state assessment standards.
(b) The governing body of a school corporation that receives agrant under this section may withdraw from participation in the grantprogram at the following times:
(1) At the end of a school year.
(2) At any time during a school year, if money received forparticipation in the grant program is returned to the department.
The amount that a school corporation must return to thedepartment is the amount received for expenditure during thetime after the school corporation has ceased to participate in theprogram.
As added by P.L.1-2005, SEC.3.
IC 20-19-3-8
Limitation on department approval of certain plans; centralclearinghouse for prototype designs
Sec. 8. (a) The department may not approve or disapprove plansand specifications for the construction, alteration, or repair of schoolbuildings, except as necessary under the following:
(1) The terms of a federal grant or a federal law.
(2) IC 20-35-4-2 concerning the authorization of a specialschool for children with disabilities.
(b) Notwithstanding subsection (a), the department shall do thefollowing:
(1) Receive and review plans and specifications as required byIC 20-19-2-12.
(2) Establish a central clearinghouse for access by schoolcorporations that may want to use a prototype design in theconstruction of school facilities. The department shall compilenecessary publications and may establish a computer data baseto distribute information on prototype designs to schoolcorporations. Architects and engineers registered to practice inIndiana may submit plans and specifications for a prototypedesign to the clearinghouse. The plans and specifications maybe accessed by any person. However, the following provisionsapply to a prototype design submitted to the clearinghouse:
(A) The original architect of record or engineer of recordretains ownership of and liability for a prototype design.
(B) A school corporation or other person may not use aprototype design without the site-specific, writtenpermission of the original architect of record or engineer ofrecord.
(C) An architect's or engineer's liability under clause (A) issubject to the requirements of clause (B).
The state board may adopt rules under IC 4-22-2 to implementthis subdivision.
As added by P.L.1-2005, SEC.3. Amended by P.L.146-2008,SEC.453.
IC 20-19-3-9
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 20-19-3-9.2
Duty of the department to establish and maintain an employee database
Sec. 9.2. The department shall establish and maintain a searchable
data base of information concerning employees and formeremployees who have been reported to the department underIC 20-28-5-8. The department shall make the data base available tothe public.
As added by P.L.1-2010, SEC.74.
IC 20-19-3-9.4
Disclosure of student test number information
Sec. 9.4. Beginning January 1, 2010, the department may obtainand maintain student test number information in a manner and formthat permits any person who is authorized to review the informationto:
(1) access the information at any time; and
(2) accurately determine:
(A) where each student is enrolled and attending classes; and
(B) the number of students enrolled in a school corporationor charter school and residing in the area served by a schoolcorporation;
as of any date after December 31, 2009, occurring before two(2) regular instructional days before the date of the inquiry.
Each school corporation and charter school shall provide theinformation to the department in the form and on a schedule thatpermits the department to comply with this section. The departmentshall provide technical assistance to school corporations and charterschools to assist school corporations and charter schools incomplying with this section.
As added by P.L.1-2010, SEC.75.
IC 20-19-3-10
Dating violence educational materials
Sec. 10. (a) The department, in collaboration with organizationsthat have expertise in dating violence, domestic violence, and sexualabuse, shall identify or develop:
(1) model dating violence educational materials; and
(2) a model for dating violence response policies and reporting.
Not later than July 1, 2011, the department shall make the modelsdeveloped or identified under this section available to assist schoolswith the implementation of dating violence education programs ingrades 6 through 12 and dating violence response policies.
(b) The model dating violence policy identified or developedunder subsection (a) may include the following topics:
(1) Warning signs of dating violence.
(2) The basic principles of dating violence prevention.
(3) Methods of parental education and outreach.
As added by P.L.83-2010, SEC.1.