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 license
issued 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 salary
laws apply, including nonrenewable one (1) year limited
licenses.
(b) The department shall determine details of licensing not
provided in this chapter, including requirements regarding the
following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education 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 education
institutions of another state.
(6) The academic and professional preparation for each type 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 type of license required for each school position.
(10) The size requirements for an elementary school requiring
a licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewing
a 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 issue
an initial teaching license at any grade level to an applicant for an
initial teaching license unless the applicant shows evidence that the
applicant:
(1) has successfully completed training approved by the
department in:
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
airway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures
described in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the
advisory board; or
(3) has physical limitations that make it impracticable for the
applicant to complete a course or certification described in
subdivision (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 license
renewal to teach in a public school shall subscribe to the following
oath or affirmation, which may be administered by the governing
body:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the
Constitution of the State of Indiana.".
(b) Two (2) copies of the oath or affirmation shall be executed as
follows:
(1) One (1) copy shall be filed with the state superintendent
when the license application is made.
(2) The individual who subscribes to the oath or affirmation
shall retain the other copy.
(c) The oath or affirmation must be filed with the state
superintendent 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 a
license, the teacher may be granted a particular type of license and
a reasonable amount of time to fulfill the requirements of the license
granted. 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 state
superintendent, 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 with
IC 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 on
revocation; revocation of license
Sec. 8. (a) This section applies when a prosecuting attorney
knows that a licensed employee of a public school or a nonpublic
school has been convicted of an offense listed in subsection (c). The
prosecuting attorney shall immediately give written notice of the
conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or
the equivalent authority if a nonpublic school employs the
licensed employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the
convicted licensed employee is the superintendent of the school
corporation.
(b) The superintendent of a school corporation, presiding officer
of the governing body, or equivalent authority for a nonpublic school
shall immediately notify the state superintendent when the individual
knows that a current or former licensed employee of the public
school or nonpublic school has been convicted of an offense listed
in subsection (c), or when the governing body or equivalent authority
for a nonpublic school takes any final action in relation to an
employee who engaged in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently 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 than
eighteen (18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less
than 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 less
than 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 (IC
35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC
35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(d) A license may be suspended by the state superintendent as
specified in IC 20-28-7-7.
(e) The department shall develop a data base of information on
school corporation employees who have been reported to the
department 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, and
teaching experience of each applicant for a license or a license
renewal.
(b) A superintendent of a school corporation shall register and
keep a record of the following for each licensed teacher employed by
the 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, on
September 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 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.
The semester hours may include graduate hours or undergraduate
hours, or both, as determined by the department.
(c) The advisory board may:
(1) adopt rules under IC 4-22-2 to create exceptions to the
requirements under subsection (b); and
(2) waive the requirements under subsection (b) on an
individual 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 who
held an Indiana limited, reciprocal, or standard teaching license on
June 30, 1985.
(b) The 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 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.
(c) An individual's license examination score may not be
disclosed 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 the
following:
(1) Adopt, validate, and implement the examination or other
procedures 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 the
conditions under which the requirements of this section may be
waived for an individual holding a valid teacher's license issued by
another 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 for
teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test 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 state
revenue that an individual is on the most recent tax warrant list, the
department may not grant an initial standard license to the individual
until:
(1) the individual provides the department with a statement
from the department of state revenue indicating that the
individual's delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of
the 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 individuals
with postgraduate degrees; conditions for renewal
Sec. 15. (a) Notwithstanding section 3(b)(6) of this chapter, the
department shall grant an initial practitioner's license in a specific
subject area to an applicant who:
(1) has earned a postgraduate degree from a regionally
accredited postsecondary educational institution in the subject
area in which the applicant seeks to be licensed;
(2) has at least one (1) academic year of experience teaching
students in a middle school, high school, or college classroom
setting; and
(3) complies with sections 4 and 12 of this chapter.
(b) An individual who receives an initial practitioner's license
under this section may teach in the specific subject for which the
individual is licensed only in:
(1) high school; or
(2) middle school;
if the subject area is designated by the state board as having an
insufficient supply of licensed teachers.
(c) After receiving an initial practitioner's license under this
section, an applicant who seeks to renew the applicant's initial
practitioner's license or obtain a proficient practitioner's license must:
(1) demonstrate that the applicant has:
(A) participated in cultural competency professional
development activities;
(B) obtained training and information from a special
education 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.
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 license
issued 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 salary
laws apply, including nonrenewable one (1) year limited
licenses.
(b) The department shall determine details of licensing not
provided in this chapter, including requirements regarding the
following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education 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 education
institutions of another state.
(6) The academic and professional preparation for each type 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 type of license required for each school position.
(10) The size requirements for an elementary school requiring
a licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewing
a 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 issue
an initial teaching license at any grade level to an applicant for an
initial teaching license unless the applicant shows evidence that the
applicant:
(1) has successfully completed training approved by the
department in:
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
airway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures
described in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the
advisory board; or
(3) has physical limitations that make it impracticable for the
applicant to complete a course or certification described in
subdivision (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 license
renewal to teach in a public school shall subscribe to the following
oath or affirmation, which may be administered by the governing
body:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the
Constitution of the State of Indiana.".
(b) Two (2) copies of the oath or affirmation shall be executed as
follows:
(1) One (1) copy shall be filed with the state superintendent
when the license application is made.
(2) The individual who subscribes to the oath or affirmation
shall retain the other copy.
(c) The oath or affirmation must be filed with the state
superintendent 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 a
license, the teacher may be granted a particular type of license and
a reasonable amount of time to fulfill the requirements of the license
granted. 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 state
superintendent, 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 with
IC 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 on
revocation; revocation of license
Sec. 8. (a) This section applies when a prosecuting attorney
knows that a licensed employee of a public school or a nonpublic
school has been convicted of an offense listed in subsection (c). The
prosecuting attorney shall immediately give written notice of the
conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or
the equivalent authority if a nonpublic school employs the
licensed employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the
convicted licensed employee is the superintendent of the school
corporation.
(b) The superintendent of a school corporation, presiding officer
of the governing body, or equivalent authority for a nonpublic school
shall immediately notify the state superintendent when the individual
knows that a current or former licensed employee of the public
school or nonpublic school has been convicted of an offense listed
in subsection (c), or when the governing body or equivalent authority
for a nonpublic school takes any final action in relation to an
employee who engaged in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently 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 than
eighteen (18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less
than 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 less
than 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 (IC
35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC
35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(d) A license may be suspended by the state superintendent as
specified in IC 20-28-7-7.
(e) The department shall develop a data base of information on
school corporation employees who have been reported to the
department 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, and
teaching experience of each applicant for a license or a license
renewal.
(b) A superintendent of a school corporation shall register and
keep a record of the following for each licensed teacher employed by
the 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, on
September 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 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.
The semester hours may include graduate hours or undergraduate
hours, or both, as determined by the department.
(c) The advisory board may:
(1) adopt rules under IC 4-22-2 to create exceptions to the
requirements under subsection (b); and
(2) waive the requirements under subsection (b) on an
individual 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 who
held an Indiana limited, reciprocal, or standard teaching license on
June 30, 1985.
(b) The 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 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.
(c) An individual's license examination score may not be
disclosed 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 the
following:
(1) Adopt, validate, and implement the examination or other
procedures 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 the
conditions under which the requirements of this section may be
waived for an individual holding a valid teacher's license issued by
another 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 for
teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test 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 state
revenue that an individual is on the most recent tax warrant list, the
department may not grant an initial standard license to the individual
until:
(1) the individual provides the department with a statement
from the department of state revenue indicating that the
individual's delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of
the 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 individuals
with postgraduate degrees; conditions for renewal
Sec. 15. (a) Notwithstanding section 3(b)(6) of this chapter, the
department shall grant an initial practitioner's license in a specific
subject area to an applicant who:
(1) has earned a postgraduate degree from a regionally
accredited postsecondary educational institution in the subject
area in which the applicant seeks to be licensed;
(2) has at least one (1) academic year of experience teaching
students in a middle school, high school, or college classroom
setting; and
(3) complies with sections 4 and 12 of this chapter.
(b) An individual who receives an initial practitioner's license
under this section may teach in the specific subject for which the
individual is licensed only in:
(1) high school; or
(2) middle school;
if the subject area is designated by the state board as having an
insufficient supply of licensed teachers.
(c) After receiving an initial practitioner's license under this
section, an applicant who seeks to renew the applicant's initial
practitioner's license or obtain a proficient practitioner's license must:
(1) demonstrate that the applicant has:
(A) participated in cultural competency professional
development activities;
(B) obtained training and information from a special
education 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.
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 license
issued 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 salary
laws apply, including nonrenewable one (1) year limited
licenses.
(b) The department shall determine details of licensing not
provided in this chapter, including requirements regarding the
following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education 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 education
institutions of another state.
(6) The academic and professional preparation for each type 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 type of license required for each school position.
(10) The size requirements for an elementary school requiring
a licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewing
a 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 issue
an initial teaching license at any grade level to an applicant for an
initial teaching license unless the applicant shows evidence that the
applicant:
(1) has successfully completed training approved by the
department in:
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
airway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures
described in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the
advisory board; or
(3) has physical limitations that make it impracticable for the
applicant to complete a course or certification described in
subdivision (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 license
renewal to teach in a public school shall subscribe to the following
oath or affirmation, which may be administered by the governing
body:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the
Constitution of the State of Indiana.".
(b) Two (2) copies of the oath or affirmation shall be executed as
follows:
(1) One (1) copy shall be filed with the state superintendent
when the license application is made.
(2) The individual who subscribes to the oath or affirmation
shall retain the other copy.
(c) The oath or affirmation must be filed with the state
superintendent 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 a
license, the teacher may be granted a particular type of license and
a reasonable amount of time to fulfill the requirements of the license
granted. 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 state
superintendent, 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 with
IC 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 on
revocation; revocation of license
Sec. 8. (a) This section applies when a prosecuting attorney
knows that a licensed employee of a public school or a nonpublic
school has been convicted of an offense listed in subsection (c). The
prosecuting attorney shall immediately give written notice of the
conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or
the equivalent authority if a nonpublic school employs the
licensed employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the
convicted licensed employee is the superintendent of the school
corporation.
(b) The superintendent of a school corporation, presiding officer
of the governing body, or equivalent authority for a nonpublic school
shall immediately notify the state superintendent when the individual
knows that a current or former licensed employee of the public
school or nonpublic school has been convicted of an offense listed
in subsection (c), or when the governing body or equivalent authority
for a nonpublic school takes any final action in relation to an
employee who engaged in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently 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 than
eighteen (18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less
than 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 less
than 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 (IC
35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC
35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(d) A license may be suspended by the state superintendent as
specified in IC 20-28-7-7.
(e) The department shall develop a data base of information on
school corporation employees who have been reported to the
department 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, and
teaching experience of each applicant for a license or a license
renewal.
(b) A superintendent of a school corporation shall register and
keep a record of the following for each licensed teacher employed by
the 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, on
September 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 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.
The semester hours may include graduate hours or undergraduate
hours, or both, as determined by the department.
(c) The advisory board may:
(1) adopt rules under IC 4-22-2 to create exceptions to the
requirements under subsection (b); and
(2) waive the requirements under subsection (b) on an
individual 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 who
held an Indiana limited, reciprocal, or standard teaching license on
June 30, 1985.
(b) The 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 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.
(c) An individual's license examination score may not be
disclosed 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 the
following:
(1) Adopt, validate, and implement the examination or other
procedures 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 the
conditions under which the requirements of this section may be
waived for an individual holding a valid teacher's license issued by
another 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 for
teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test 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 state
revenue that an individual is on the most recent tax warrant list, the
department may not grant an initial standard license to the individual
until:
(1) the individual provides the department with a statement
from the department of state revenue indicating that the
individual's delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of
the 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 individuals
with postgraduate degrees; conditions for renewal
Sec. 15. (a) Notwithstanding section 3(b)(6) of this chapter, the
department shall grant an initial practitioner's license in a specific
subject area to an applicant who:
(1) has earned a postgraduate degree from a regionally
accredited postsecondary educational institution in the subject
area in which the applicant seeks to be licensed;
(2) has at least one (1) academic year of experience teaching
students in a middle school, high school, or college classroom
setting; and
(3) complies with sections 4 and 12 of this chapter.
(b) An individual who receives an initial practitioner's license
under this section may teach in the specific subject for which the
individual is licensed only in:
(1) high school; or
(2) middle school;
if the subject area is designated by the state board as having an
insufficient supply of licensed teachers.
(c) After receiving an initial practitioner's license under this
section, an applicant who seeks to renew the applicant's initial
practitioner's license or obtain a proficient practitioner's license must:
(1) demonstrate that the applicant has:
(A) participated in cultural competency professional
development activities;
(B) obtained training and information from a special
education 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.
