Sec. 2. The state superintendent is the director of the department.
As added by P.L.1-2005, SEC.3.
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.
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:
(3) Deadly weapons (other than firearms).
(5) Rifles or shotguns.
(6) Other firearms.
(9) Destruction of property.
(10) Legal settlement (under IC 20-33-8-17).
(11) Fighting (incident does not rise to the level of battery).
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.
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.
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.
(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
As added by P.L.1-2005, SEC.3.
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.
(Repealed by P.L.1-2010, SEC.156.)
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
As added by P.L.1-2010, SEC.74.
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.
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.
Development and implementation of child abuse and child sexual abuse education program
Sec. 11. (a) The department, in collaboration with the department
of child services and organizations that have expertise in child abuse,
including child sexual abuse, shall identify or develop:
(1) research and evidence based model educational materials on child abuse and child sexual abuse; and
(2) a model for child abuse and child sexual abuse response policies and reporting procedures.
To identify or develop models under this subsection, the department may not hire additional staff members or expend funds not already included in the department's budget.
(b) Not later than July 1, 2013, the department shall make the models developed or identified under this section available to assist schools with the implementation of:
(1) child abuse and child sexual abuse education programs in grade 2 through grade 5; and
(2) child abuse and child sexual abuse response and reporting policies.
(c) The model educational materials on child abuse and child sexual abuse identified or developed under subsection (a) may include the following topics:
(1) Warning signs of a child who is being abused or sexually abused.
(2) The basic principles of child abuse and child sexual abuse prevention.
(3) Methods of student, teacher, and parental education and outreach.
(d) The model child abuse and child sexual abuse response and reporting policies referred to in subsection (b) may include the following topics:
(1) Actions that a child who is a victim of abuse or sexual abuse may take to obtain assistance.
(3) Counseling options.
(4) Educational support available for a child who is a victim of abuse or sexual abuse to continue to be successful in school.
(5) Reporting procedures.
(e) A school that chooses to use the model educational materials developed under subsection (a) shall inform the parents of students in the grade levels in which the materials could be used, in writing and by posting on the school's Internet web site, that a parent may:
(1) examine and review the model educational materials before the materials are taught; and
(2) decide if the parent's child will be instructed with the model educational materials.
(f) If a parent decides that the parent's child may be taught using the model educational materials, the parent shall notify the school of the parent's decision in writing or electronically.
As added by P.L.46-2012, SEC.1.