CHAPTER 5. LICENSES
IC 20-28-5
Chapter 5. Licenses
IC 20-28-5-1
Responsibility for licensing teachers
Sec. 1. The department is responsible for the licensing of teachers.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.155.
IC 20-28-5-2
Rules; substitute teachers
Sec. 2. The advisory board may adopt rules for:
(1) the issuance of a substitute teacher's license; and
(2) the employment of substitute teacher licensees.
An individual may not serve as a substitute teacher without a licenseissued by the department.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.156.
IC 20-28-5-3
Designation of standards for licensing
Sec. 3. (a) The department shall designate:
(1) the grade point average required for each type of license;and
(2) the types of licenses to which the teachers' minimum salarylaws apply, including nonrenewable one (1) year limitedlicenses.
(b) The department shall determine details of licensing notprovided in this chapter, including requirements regarding thefollowing:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education schools anddepartments.
(3) The exchange and renewal of licenses.
(4) The endorsement of another state's license.
(5) The acceptance of credentials from teacher educationinstitutions of another state.
(6) The academic and professional preparation for each type oflicense.
(7) The granting of permission to teach a high school subjectarea related to the subject area for which the teacher holds alicense.
(8) The issuance of licenses on credentials.
(9) The type of license required for each school position.
(10) The size requirements for an elementary school requiringa licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewinga teaching license that does not require a graduate degree.
(c) This subsection does not apply to an applicant for a substitute
teacher license. After June 30, 2007, the department may not issuean initial teaching license at any grade level to an applicant for aninitial teaching license unless the applicant shows evidence that theapplicant:
(1) has successfully completed training approved by thedepartment in:
(A) cardiopulmonary resuscitation that includes a testdemonstration on a mannequin;
(B) removing a foreign body causing an obstruction in anairway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the proceduresdescribed in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by theadvisory board; or
(3) has physical limitations that make it impracticable for theapplicant to complete a course or certification described insubdivision (1) or (2).
(d) The department shall periodically publish bulletins regarding:
(1) the details described in subsection (b);
(2) information on the types of licenses issued;
(3) the rules governing the issuance of each type of license; and
(4) other similar matters.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.157; P.L.166-2007, SEC.1; P.L.75-2008, SEC.1.
IC 20-28-5-4
Application for license; oath or affirmation
Sec. 4. (a) An individual who applies for a license or a licenserenewal to teach in a public school shall subscribe to the followingoath or affirmation, which may be administered by the governingbody:
"I solemnly swear (or affirm) that I will support theConstitution of the United States of America and theConstitution of the State of Indiana.".
(b) Two (2) copies of the oath or affirmation shall be executed asfollows:
(1) One (1) copy shall be filed with the state superintendentwhen the license application is made.
(2) The individual who subscribes to the oath or affirmationshall retain the other copy.
(c) The oath or affirmation must be filed with the statesuperintendent before a license may be issued.
As added by P.L.1-2005, SEC.12.
IC 20-28-5-5
Out-of-state graduate applicant
Sec. 5. If a teacher who is a graduate of an accredited institution
outside Indiana does not meet certain technical requirements for alicense, the teacher may be granted a particular type of license anda reasonable amount of time to fulfill the requirements of the licensegranted.
As added by P.L.1-2005, SEC.12.
IC 20-28-5-6
Repealed
(Repealed by P.L.246-2005, SEC.228.)
IC 20-28-5-7
License revocation and suspension
Sec. 7. On the written recommendation of the statesuperintendent, the department may suspend or revoke a license for:
(1) immorality;
(2) misconduct in office;
(3) incompetency; or
(4) willful neglect of duty.
For each suspension or revocation, the department shall comply withIC 4-21.5-3.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.158.
IC 20-28-5-8
Conviction of felony by licensed employee; notice; hearing onrevocation; revocation of license
Sec. 8. (a) This section applies when a prosecuting attorneyknows that a licensed employee of a public school or a nonpublicschool has been convicted of an offense listed in subsection (c). Theprosecuting attorney shall immediately give written notice of theconviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent ofthe school corporation that employs the licensed employee orthe equivalent authority if a nonpublic school employs thelicensed employee.
(3) The presiding officer of the governing body of the schoolcorporation that employs the licensed employee, if theconvicted licensed employee is the superintendent of the schoolcorporation.
(b) The superintendent of a school corporation, presiding officerof the governing body, or equivalent authority for a nonpublic schoolshall immediately notify the state superintendent when the individualknows that a current or former licensed employee of the publicschool or nonpublic school has been convicted of an offense listedin subsection (c), or when the governing body or equivalent authorityfor a nonpublic school takes any final action in relation to anemployee who engaged in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shallpermanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2), if the victim is less thaneighteen (18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is lessthan eighteen (18) years of age.
(3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)years of age.
(4) Criminal deviate conduct (IC 35-42-4-2), if the victim is lessthan eighteen (18) years of age.
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3), if the victim is less than eighteen(18) years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug (IC35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(d) A license may be suspended by the state superintendent asspecified in IC 20-28-7-7.
(e) The department shall develop a data base of information onschool corporation employees who have been reported to thedepartment under this section.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.159; P.L.151-2006, SEC.8; P.L.121-2009, SEC.10.
IC 20-28-5-9
Repealed
(Repealed by P.L.121-2009, SEC.17.)
IC 20-28-5-10
Records
Sec. 10. (a) The department shall keep a record of:
(1) all licenses issued;
(2) all licenses in force; and
(3) the academic preparation, professional preparation, andteaching experience of each applicant for a license or a licenserenewal. (b) A superintendent of a school corporation shall register andkeep a record of the following for each licensed teacher employed bythe school corporation:
(1) The type of license held by the teacher.
(2) The teacher's date of first employment.
(3) The teacher's annual or monthly salary.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.161.
IC 20-28-5-11
Renewal; additional semester hours requirement
Sec. 11. (a) This section does not apply to an individual who, onSeptember 1, 1985, has earned more than the equivalent of twelve(12) semester hours of graduate credit.
(b) The department may not renew the junior high/middle schoolor secondary education license of a teacher on the basis of theteacher obtaining a graduate degree unless the teacher completes atleast the equivalent of eighteen (18) semester hours beyond theteacher's undergraduate degree in any combination of courses in theteacher's major, minor, primary, supporting, or endorsement areas.The semester hours may include graduate hours or undergraduatehours, or both, as determined by the department.
(c) The advisory board may:
(1) adopt rules under IC 4-22-2 to create exceptions to therequirements under subsection (b); and
(2) waive the requirements under subsection (b) on anindividual basis.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.162.
IC 20-28-5-12
Initial standard license; requirements; rules
Sec. 12. (a) Subsection (b) does not apply to an individual whoheld an Indiana limited, reciprocal, or standard teaching license onJune 30, 1985.
(b) The department may not grant an initial standard license to anindividual unless the individual has demonstrated proficiency in thefollowing areas on a written examination or through other proceduresprescribed by the department:
(1) Basic reading, writing, and mathematics.
(2) Pedagogy.
(3) Knowledge of the areas in which the individual is requiredto have a license to teach.
(4) If the individual is seeking to be licensed as an elementaryschool teacher, comprehensive reading instruction skills,including:
(A) phonemic awareness; and
(B) phonics instruction.
(c) An individual's license examination score may not bedisclosed by the department without the individual's consent unless
specifically required by state or federal statute or court order.
(d) The advisory board shall adopt rules under IC 4-22-2 to do thefollowing:
(1) Adopt, validate, and implement the examination or otherprocedures required by subsection (b).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
(e) The board shall adopt rules under IC 4-22-2 establishing theconditions under which the requirements of this section may bewaived for an individual holding a valid teacher's license issued byanother state.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.163.
IC 20-28-5-13
Examination for teacher licensure; furnishing test scores
Sec. 13. (a) This section applies to an examination required forteacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiencyrequired to receive a license on all or a part of an examination, theexamination's scorer must provide the individual with the individual'stest scores, including subscores for each area tested.
As added by P.L.1-2005, SEC.12.
IC 20-28-5-14
Initial standard license applicant; delinquent tax liability
Sec. 14. If the department is notified by the department of staterevenue that an individual is on the most recent tax warrant list, thedepartment may not grant an initial standard license to the individualuntil:
(1) the individual provides the department with a statementfrom the department of state revenue indicating that theindividual's delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner ofthe department of state revenue under IC 6-8.1-8-2(k).
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.164.
IC 20-28-5-15
Teacher shortage areas; licensing and employment of individualswith postgraduate degrees; conditions for renewal
Sec. 15. (a) Notwithstanding section 3(b)(6) of this chapter, thedepartment shall grant an initial practitioner's license in a specificsubject area to an applicant who:
(1) has earned a postgraduate degree from a regionallyaccredited postsecondary educational institution in the subjectarea in which the applicant seeks to be licensed;
(2) has at least one (1) academic year of experience teachingstudents in a middle school, high school, or college classroomsetting; and (3) complies with sections 4 and 12 of this chapter.
(b) An individual who receives an initial practitioner's licenseunder this section may teach in the specific subject for which theindividual is licensed only in:
(1) high school; or
(2) middle school;
if the subject area is designated by the state board as having aninsufficient supply of licensed teachers.
(c) After receiving an initial practitioner's license under thissection, an applicant who seeks to renew the applicant's initialpractitioner's license or obtain a proficient practitioner's license must:
(1) demonstrate that the applicant has:
(A) participated in cultural competency professionaldevelopment activities;
(B) obtained training and information from a specialeducation teacher concerning exceptional learners; and
(C) received:
(i) training or certification that complies; or
(ii) an exemption from compliance;
with the standards set forth in section 3(c) of this chapter;and
(2) meet the same requirements as other candidates.
As added by P.L.75-2008, SEC.2. Amended by P.L.121-2009,SEC.11.