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 the
department 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 the
state board;
(3) conduct analytical research to assist the state board in
determining the state's educational policy;
(4) compile statistics concerning the ethnicity, gender, and
disability status of students in Indiana schools, including
statistics for all information that the department receives from
school corporations on enrollment, number of suspensions, and
number of expulsions; and
(5) provide technical assistance to school corporations.
(b) In compiling statistics by gender, ethnicity, and disability
status under subsection (a)(4), the department shall also categorize
suspensions 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 to
implement 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 and
consultants to assist the department in carrying out its
functions;
(3) with the consent of other state agencies, use the services and
facilities of other state agencies without reimbursements;
(4) accept in the name of the department, for use in carrying out
the 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 to
policies 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 to
encourage 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 physical
fitness;
(2) establish the position of education consultant for health and
physical education; and
(3) hire an individual to perform the duties of education
consultant for health and physical education.
(b) The education consultant for health and physical education
shall:
(1) plan and develop curricula for health and physical education
for grades kindergarten through 12; and
(2) perform other duties designated by the department.
(c) The program in health and physical education must include the
following:
(1) Local school program development.
(2) Technical and inservice training assistance for local schools.
(3) Local school initiatives in writing curricula in the areas of
health and physical education.
(4) Cardiopulmonary resuscitation training using a training
program approved by the American Heart Association or an
equivalent nationally recognized training program.
(d) The department may give grants to or enter into contracts with
individuals or school corporations to carry out the purposes of the
program 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 school
corporations grants from the federal government under Title III of
P.L.103-227 (repealed), if the state superintendent determines that
acceptance or distribution of grant money does at least one (1) of the
following:
(1) Authorizes an officer or employee of the federal government
to 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 school
to spend money or incur an expense not paid under Title III of
P.L.103-227 (repealed).
(3) Requires a school corporation, as a condition of
participation, 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 of
participation, to implement an outcome based education
program.
(5) Requires a school corporation, as a condition of
participation, 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 a
grant under this section may withdraw from participation in the grant
program at the following times:
(1) At the end of a school year.
(2) At any time during a school year, if money received for
participation in the grant program is returned to the department.
The amount that a school corporation must return to the
department is the amount received for expenditure during the
time after the school corporation has ceased to participate in the
program. As added by P.L.1-2005, SEC.3.
IC 20-19-3-8 Limitation on department approval of certain plans; central
clearinghouse for prototype designs
Sec. 8. (a) The department may not approve or disapprove plans
and specifications for the construction, alteration, or repair of school
buildings, 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 special
school for children with disabilities.
(b) Notwithstanding subsection (a), the department shall do the
following:
(1) Receive and review plans and specifications as required by
IC 20-19-2-12.
(2) Establish a central clearinghouse for access by school
corporations that may want to use a prototype design in the
construction of school facilities. The department shall compile
necessary publications and may establish a computer data base
to distribute information on prototype designs to school
corporations. Architects and engineers registered to practice in
Indiana may submit plans and specifications for a prototype
design to the clearinghouse. The plans and specifications may
be accessed by any person. However, the following provisions
apply to a prototype design submitted to the clearinghouse:
(A) The original architect of record or engineer of record
retains ownership of and liability for a prototype design.
(B) A school corporation or other person may not use a
prototype design without the site-specific, written
permission of the original architect of record or engineer of
record.
(C) An architect's or engineer's liability under clause (A) is
subject to the requirements of clause (B).
The state board may adopt rules under IC 4-22-2 to implement
this 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 data
base
Sec. 9.2. The department shall establish and maintain a searchable
data base of information concerning employees and former
employees who have been reported to the department under
IC 20-28-5-8. The department shall make the data base available to
the 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 obtain
and maintain student test number information in a manner and form
that permits any person who is authorized to review the information
to:
(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 corporation
or charter school and residing in the area served by a school
corporation;
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 the
information to the department in the form and on a schedule that
permits the department to comply with this section. The department
shall provide technical assistance to school corporations and charter
schools to assist school corporations and charter schools in
complying 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 organizations
that have expertise in dating violence, domestic violence, and sexual
abuse, 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 models
developed or identified under this section available to assist schools
with the implementation of dating violence education programs in
grades 6 through 12 and dating violence response policies.
(b) The model dating violence policy identified or developed
under 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.
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 the
department 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 the
state board;
(3) conduct analytical research to assist the state board in
determining the state's educational policy;
(4) compile statistics concerning the ethnicity, gender, and
disability status of students in Indiana schools, including
statistics for all information that the department receives from
school corporations on enrollment, number of suspensions, and
number of expulsions; and
(5) provide technical assistance to school corporations.
(b) In compiling statistics by gender, ethnicity, and disability
status under subsection (a)(4), the department shall also categorize
suspensions 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 to
implement 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 and
consultants to assist the department in carrying out its
functions;
(3) with the consent of other state agencies, use the services and
facilities of other state agencies without reimbursements;
(4) accept in the name of the department, for use in carrying out
the 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 to
policies 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 to
encourage 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 physical
fitness;
(2) establish the position of education consultant for health and
physical education; and
(3) hire an individual to perform the duties of education
consultant for health and physical education.
(b) The education consultant for health and physical education
shall:
(1) plan and develop curricula for health and physical education
for grades kindergarten through 12; and
(2) perform other duties designated by the department.
(c) The program in health and physical education must include the
following:
(1) Local school program development.
(2) Technical and inservice training assistance for local schools.
(3) Local school initiatives in writing curricula in the areas of
health and physical education.
(4) Cardiopulmonary resuscitation training using a training
program approved by the American Heart Association or an
equivalent nationally recognized training program.
(d) The department may give grants to or enter into contracts with
individuals or school corporations to carry out the purposes of the
program 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 school
corporations grants from the federal government under Title III of
P.L.103-227 (repealed), if the state superintendent determines that
acceptance or distribution of grant money does at least one (1) of the
following:
(1) Authorizes an officer or employee of the federal government
to 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 school
to spend money or incur an expense not paid under Title III of
P.L.103-227 (repealed).
(3) Requires a school corporation, as a condition of
participation, 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 of
participation, to implement an outcome based education
program.
(5) Requires a school corporation, as a condition of
participation, 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 a
grant under this section may withdraw from participation in the grant
program at the following times:
(1) At the end of a school year.
(2) At any time during a school year, if money received for
participation in the grant program is returned to the department.
The amount that a school corporation must return to the
department is the amount received for expenditure during the
time after the school corporation has ceased to participate in the
program. As added by P.L.1-2005, SEC.3.
IC 20-19-3-8 Limitation on department approval of certain plans; central
clearinghouse for prototype designs
Sec. 8. (a) The department may not approve or disapprove plans
and specifications for the construction, alteration, or repair of school
buildings, 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 special
school for children with disabilities.
(b) Notwithstanding subsection (a), the department shall do the
following:
(1) Receive and review plans and specifications as required by
IC 20-19-2-12.
(2) Establish a central clearinghouse for access by school
corporations that may want to use a prototype design in the
construction of school facilities. The department shall compile
necessary publications and may establish a computer data base
to distribute information on prototype designs to school
corporations. Architects and engineers registered to practice in
Indiana may submit plans and specifications for a prototype
design to the clearinghouse. The plans and specifications may
be accessed by any person. However, the following provisions
apply to a prototype design submitted to the clearinghouse:
(A) The original architect of record or engineer of record
retains ownership of and liability for a prototype design.
(B) A school corporation or other person may not use a
prototype design without the site-specific, written
permission of the original architect of record or engineer of
record.
(C) An architect's or engineer's liability under clause (A) is
subject to the requirements of clause (B).
The state board may adopt rules under IC 4-22-2 to implement
this 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 data
base
Sec. 9.2. The department shall establish and maintain a searchable
data base of information concerning employees and former
employees who have been reported to the department under
IC 20-28-5-8. The department shall make the data base available to
the 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 obtain
and maintain student test number information in a manner and form
that permits any person who is authorized to review the information
to:
(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 corporation
or charter school and residing in the area served by a school
corporation;
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 the
information to the department in the form and on a schedule that
permits the department to comply with this section. The department
shall provide technical assistance to school corporations and charter
schools to assist school corporations and charter schools in
complying 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 organizations
that have expertise in dating violence, domestic violence, and sexual
abuse, 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 models
developed or identified under this section available to assist schools
with the implementation of dating violence education programs in
grades 6 through 12 and dating violence response policies.
(b) The model dating violence policy identified or developed
under 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.
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 the
department 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 the
state board;
(3) conduct analytical research to assist the state board in
determining the state's educational policy;
(4) compile statistics concerning the ethnicity, gender, and
disability status of students in Indiana schools, including
statistics for all information that the department receives from
school corporations on enrollment, number of suspensions, and
number of expulsions; and
(5) provide technical assistance to school corporations.
(b) In compiling statistics by gender, ethnicity, and disability
status under subsection (a)(4), the department shall also categorize
suspensions 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 to
implement 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 and
consultants to assist the department in carrying out its
functions;
(3) with the consent of other state agencies, use the services and
facilities of other state agencies without reimbursements;
(4) accept in the name of the department, for use in carrying out
the 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 to
policies 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 to
encourage 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 physical
fitness;
(2) establish the position of education consultant for health and
physical education; and
(3) hire an individual to perform the duties of education
consultant for health and physical education.
(b) The education consultant for health and physical education
shall:
(1) plan and develop curricula for health and physical education
for grades kindergarten through 12; and
(2) perform other duties designated by the department.
(c) The program in health and physical education must include the
following:
(1) Local school program development.
(2) Technical and inservice training assistance for local schools.
(3) Local school initiatives in writing curricula in the areas of
health and physical education.
(4) Cardiopulmonary resuscitation training using a training
program approved by the American Heart Association or an
equivalent nationally recognized training program.
(d) The department may give grants to or enter into contracts with
individuals or school corporations to carry out the purposes of the
program 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 school
corporations grants from the federal government under Title III of
P.L.103-227 (repealed), if the state superintendent determines that
acceptance or distribution of grant money does at least one (1) of the
following:
(1) Authorizes an officer or employee of the federal government
to 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 school
to spend money or incur an expense not paid under Title III of
P.L.103-227 (repealed).
(3) Requires a school corporation, as a condition of
participation, 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 of
participation, to implement an outcome based education
program.
(5) Requires a school corporation, as a condition of
participation, 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 a
grant under this section may withdraw from participation in the grant
program at the following times:
(1) At the end of a school year.
(2) At any time during a school year, if money received for
participation in the grant program is returned to the department.
The amount that a school corporation must return to the
department is the amount received for expenditure during the
time after the school corporation has ceased to participate in the
program. As added by P.L.1-2005, SEC.3.
IC 20-19-3-8 Limitation on department approval of certain plans; central
clearinghouse for prototype designs
Sec. 8. (a) The department may not approve or disapprove plans
and specifications for the construction, alteration, or repair of school
buildings, 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 special
school for children with disabilities.
(b) Notwithstanding subsection (a), the department shall do the
following:
(1) Receive and review plans and specifications as required by
IC 20-19-2-12.
(2) Establish a central clearinghouse for access by school
corporations that may want to use a prototype design in the
construction of school facilities. The department shall compile
necessary publications and may establish a computer data base
to distribute information on prototype designs to school
corporations. Architects and engineers registered to practice in
Indiana may submit plans and specifications for a prototype
design to the clearinghouse. The plans and specifications may
be accessed by any person. However, the following provisions
apply to a prototype design submitted to the clearinghouse:
(A) The original architect of record or engineer of record
retains ownership of and liability for a prototype design.
(B) A school corporation or other person may not use a
prototype design without the site-specific, written
permission of the original architect of record or engineer of
record.
(C) An architect's or engineer's liability under clause (A) is
subject to the requirements of clause (B).
The state board may adopt rules under IC 4-22-2 to implement
this 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 data
base
Sec. 9.2. The department shall establish and maintain a searchable
data base of information concerning employees and former
employees who have been reported to the department under
IC 20-28-5-8. The department shall make the data base available to
the 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 obtain
and maintain student test number information in a manner and form
that permits any person who is authorized to review the information
to:
(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 corporation
or charter school and residing in the area served by a school
corporation;
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 the
information to the department in the form and on a schedule that
permits the department to comply with this section. The department
shall provide technical assistance to school corporations and charter
schools to assist school corporations and charter schools in
complying 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 organizations
that have expertise in dating violence, domestic violence, and sexual
abuse, 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 models
developed or identified under this section available to assist schools
with the implementation of dating violence education programs in
grades 6 through 12 and dating violence response policies.
(b) The model dating violence policy identified or developed
under 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.
