Indiana § 20-32-7-6 - Repealed

§ 20-32-7-6. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-4.7-8.]

As added by P.L.1-2005, SEC.16. Repealed by P.L.233-2015, SEC.244.

IC 20-32-8Chapter 8. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-32-8-1formerly 20-10.1-17-1.520-32-8-2formerly 20-10.1-17-1.820-32-8-3formerly 20-10.1-17-220-32-8-4formerly 20-10.1-17-4.520-32-8-5formerly 20-10.1-17-4.520-32-8-6formerly 20-10.1-17-5.520-32-8-7formerly 20-10.1-17-6.520-32-8-8formerly 20-10.1-17-7.520-32-8-9formerly 20-10.1-17-7.520-32-8-10formerly 20-10.1-17-7.520-32-8-11formerly 20-10.1-17-1020-32-8-12formerly 20-10.1-17-1120-32-8-13formerly 20-10.1-17-12.]Repealed by P.L.214-2025, SEC.176.

IC 20-32-8.5Chapter 8.5. Reading Deficiency Remediation Plan

20-32-8.5-0.5Applicability 20-32-8.5-0.7"Student" 20-32-8.5-1Development of plan by secretary of education 20-32-8.5-2Plan requirements; retention; exceptions; notification; reporting process 20-32-8.5-2.5Procedures to appeal retention 20-32-8.5-3Report to general assembly 20-32-8.5-4Adoption of rules 20-32-8.5-5Indiana literacy cadre

IC 20-32-8.5-0.5Applicability Sec. 0.5. This chapter applies to:

(1) a public school, including a charter school;

(2) a state accredited nonpublic school; and

(3) an eligible school (as defined in IC 20-51-1-4.7).

As added by P.L.5-2024, SEC.15.

IC 20-32-8.5-0.7"Student" Sec. 0.7. As used in this chapter, "student" means an individual who is enrolled in a school described in section 0.5 of this chapter.

As added by P.L.5-2024, SEC.16.

IC 20-32-8.5-1Development of plan by secretary of education Sec. 1. The secretary of education, in conjunction with the state board, shall develop a plan to improve reading skills of students and implement appropriate remediation techniques for students.

As added by P.L.109-2010, SEC.3. Amended by P.L.43-2021, SEC.106.

IC 20-32-8.5-2Plan requirements; retention; exceptions; notification; reporting process Sec. 2. (a) Except as provided in subsection (b), the plan required by this chapter must include the following:

(1) Reading skill standards for grade 1 through grade 3.

(2) A method for making determinant evaluations by grade 3 that remedial action is required for a student, including:

(A) except as provided in subsections (c) and (g), beginning with evaluations administered during the 2024-2025 school year, retention of the student in grade 3 if the student has not achieved a passing score on the determinant evaluation of reading skills approved by the state board after the student has had an opportunity to retake the determinant evaluation at least twice in the summer; and

(B) the use of curricular materials and supplemental materials aligned to the science of reading that are designed to address deficiencies in reading;

after other methods of remediation have been evaluated or used, or both, if reading skills are below the standard. Appropriate consultation with parents or guardians must be part of the plan.

(3) A requirement that schools notify a student's parent of the following:

(A) The student's assessment results regarding skill level in:

(i) phonemic awareness;

(ii) phonics;

(iii) fluency;

(iv) vocabulary; and

(v) comprehension.

(B) The student's assessment results on the determinant evaluation of reading skills approved by the state board.

(C) Any intervention provided to the student or any remedial action taken.

(4) A requirement that schools monitor the progress of students who failed to achieve a valid passing score on the:

(A) determinant evaluation of reading skills approved by the state board; or

(B) statewide assessment program test.

(5) A requirement that schools provide reading instruction that includes a core reading program aligned with the science of reading to all students in kindergarten through grade 8.

(6) A requirement for the administration of the determinant evaluation of reading skills approved by the state board to students in grade 2.

(7) A requirement that all students take the determinant evaluation of reading skills approved by the state board until the student:

(A) receives a passing score, regardless of the student's grade level; or

(B) enters grade 7.

(8) A requirement that a school report the following to the department:

(A) The literacy interventions that will be used for students in grade 2 who are at risk of not being reading proficient and students in grade 3 who do not achieve a valid passing score on the determinant evaluation of reading skills approved by the state board.

(B) The literacy interventions in use before the adoption of the plan for students in grade 2 who are at risk of not being reading proficient and students in grade 3 who do not achieve a valid passing score on the determinant evaluation of reading skills approved by the state board.

(C) The literacy interventions in use before the adoption of the plan for students who do not achieve a valid passing score on the determinant evaluation of reading skills approved by the state board.

(D) The number of students being served by the interventions described in clauses (B) and (C).

(E) The cost of providing the interventions described in clauses (B) and (C).

(F) Any other information requested by the department.

(9) Requirements for a school in which, over the course of three (3) consecutive years, fewer than an average of seventy-five percent (75%) of students of the school achieved a valid passing score on the determinant evaluation of reading skills approved by the state board that must include the following:

(A) Use of curriculum that is:

(i) based on the science of reading;

(ii) age appropriate; and

(iii) approved by the department.

(B) Employment of the following:

(i) Before July 1, 2025, an instructional coach who is trained in the science of reading, as determined by the department. This item expires January 1, 2026.

(ii) After June 30, 2025, an instructional coach with a literacy related endorsement who is trained in the science of reading.

(C) Use of only benchmark, formative, interim, or similar assessments that:

(i) show alignment with Indiana's academic standards; and

(ii) are approved by the department.

(D) Use of a screener procured under IC 20-32-5.1-17(j).

(10) The fiscal impact of each component of the plan, if any. In determining whether a component has a fiscal impact, consideration shall be given to whether the component will increase costs to the state or a school corporation or require the state or school corporation to reallocate resources.

(b) A school may receive a waiver of the requirements provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative reading plan provided by the school.

(c) Except as approved by the department under subsection (g), a student who would otherwise be subject to retention in grade 3 under the plan is not subject to the retention requirement only if the student meets one (1) of the following criteria:

(1) The student was subject to retention and has been retained in grade 3 for one (1) school year.

(2) The student has an intellectual disability or the student's individualized education program specifies that retention is not appropriate, and the student's case conference committee has determined that promotion to another grade is appropriate.

(3) The student is an English learner who has received services for fewer than two (2) years and a committee consisting of:

(A) the student's parent;

(B) a building level administrator or designee;

(C) a classroom teacher of service;

(D) an English learner teacher of record, if one exists; and

(E) an English learner district administrator, if one exists;

determines that promotion is appropriate based on the implementation of research based instructional practices outlined in the student's individual learning plan.

(4) The student received a score of proficient or above proficient in grade 3 math on the statewide summative assessment.

(5) The student:

(A) has received intensive intervention as determined by the department in reading for two (2) or more years; and

(B) was retained more than one (1) time throughout kindergarten, grade 1, or grade 2.

(d) A student who is not subject to the retention requirement as provided under subsection (c) must be provided with additional reading instruction that is aligned with the science of reading until the student achieves a passing score on the determinant evaluation of reading skills approved by the state board.

(e) Before October 1 of each school year, the department shall:

(1) identify each incoming student (as defined in section 0.7 of this chapter) enrolled in kindergarten in a school in Indiana; and

(2) notify the parent or guardian of the student of the retention requirement under this chapter for grade 3 students who do not achieve a passing score on the Indiana reading evaluation and determination (IRead3).

(f) The department shall establish a standard reporting process and reporting window for schools to report students who qualify for an exemption under subsection (c).

(g) The department shall establish a registration process for schools to exempt an English language learner who:

(1) does not achieve a passing score on the determinant evaluation of reading skills approved by the state board; and

(2) attends a school that has a student population comprised of at least fifty percent (50%) of English language learners in grade 3, as determined by the department;

from compliance with the requirements under subsection (a)(2)(A) until the beginning of the 2027-2028 school year. This subsection expires July 1, 2028.

As added by P.L.109-2010, SEC.3. Amended by P.L.160-2012, SEC.53; P.L.245-2023, SEC.11; P.L.5-2024, SEC.17; P.L.1-2025, SEC.193; P.L.177-2025, SEC.2; P.L.186-2025, SEC.291; P.L.199-2025, SEC.2; P.L.120-2026, SEC.6.

IC 20-32-8.5-2.5Procedures to appeal retention Sec. 2.5. The governing body of a school or the equivalent authority of a charter school, state accredited nonpublic school, or eligible school (as defined in IC 20-51-1-4.7) shall establish a procedure that allows a parent of a student who:

(1) has been retained in grade 3 under the plan; and

(2) would not be subject to retention for other reasons;

to appeal the student's retention if the parent believes the student meets an exception under section 2(c) of this chapter.

As added by P.L.5-2024, SEC.18.

IC 20-32-8.5-3Report to general assembly Sec. 3. (a) For any component of the plan that has a fiscal impact, the secretary of education shall present those components of the plan to the general assembly:

(1) for consideration of the plan; and

(2) to determine the amount of any appropriation in the state budget for the state fiscal years beginning in 2011 and 2012 that is necessary to carry out the plan.

(b) To the extent a component of the plan does not have a fiscal impact, that component of the plan may be implemented after the state board holds a public hearing at which there is full public discussion and review by the state board.

As added by P.L.109-2010, SEC.3. Amended by P.L.43-2021, SEC.107.

IC 20-32-8.5-4Adoption of rules Sec. 4. The state board may adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.109-2010, SEC.3.

IC 20-32-8.5-5Indiana literacy cadre Sec. 5. (a) As used in this section, "Indiana literacy cadre" refers to the department's collaborative professional development initiative for educators that is aligned with the science of reading.

(b) Subject to available funding, a school in which, over the course of three (3) consecutive years, fewer than an average of seventy-five percent (75%) of students of the school achieved a valid passing score on the determinant evaluation of reading approved by the state board must participate in the Indiana literacy cadre.

As added by P.L.199-2025, SEC.3. Amended by P.L.120-2026, SEC.7.

IC 20-32-8.7Chapter 8.7. Student Learning Recovery Grant Program and Fund

20-32-8.7-1"Eligible entity" 20-32-8.7-2"Fund" 20-32-8.7-3"Plan" 20-32-8.7-4"Program" 20-32-8.7-5Establishment of program; administration of program; grants 20-32-8.7-6Determining criteria for eligible entities 20-32-8.7-7Eligibility for grants 20-32-8.7-8Submit student learning recovery plan; plan requirements 20-32-8.7-9Grant amount; priority; collective bargaining 20-32-8.7-10Use of grant 20-32-8.7-11Annual progress report to interim study committee on education 20-32-8.7-12Establishment of fund 20-32-8.7-13Annual report to governor and legislative council 20-32-8.7-14Rules 20-32-8.7-15Repealed 20-32-8.7-16Repealed

IC 20-32-8.7-1"Eligible entity" Sec. 1. As used in this chapter, "eligible entity" refers to an entity that meets criteria established by the department under section 6 of this chapter.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-2"Fund" Sec. 2. As used in this chapter, "fund" refers to the student learning recovery grant program fund established by section 12 of this chapter.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-3"Plan" Sec. 3. As used in this chapter, "plan" refers to a student learning recovery plan developed by an eligible entity under section 8 of this chapter.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-4"Program" Sec. 4. As used in this chapter, "program" refers to the student learning recovery grant program established by section 5 of this chapter.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-5Establishment of program; administration of program; grants Sec. 5. (a) Subject to available funding, the student learning recovery grant program is established to provide grants to an eligible entity for the purpose of providing recovery learning and remediation to students in kindergarten through grade 12 who:

(1) have experienced learning loss;

(2) have fallen behind in acquiring anticipated grade level academic skills and knowledge;

(3) have scored below academic standards or average benchmarks; or

(4) are at risk of falling below academic standards.

(b) The department shall administer the program.

(c) The department may award grants to eligible entities under the program.

As added by P.L.167-2021, SEC.1. Amended by P.L.171-2023, SEC.5; P.L.162-2024, SEC.15.

IC 20-32-8.7-6Determining criteria for eligible entities Sec. 6. The department, in consultation with the state board, shall establish criteria for determining who is considered an eligible entity. In determining eligibility criteria, the department shall consider a broad range of educational and remedial resources including institutions of higher education, community based organizations, and philanthropic organizations, as well as current, prospective, and retired teachers, in addition to school corporations, charter schools, and accredited nonpublic schools, as well as ways to encourage partnerships between two (2) or more of these entities.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-7Eligibility for grants Sec. 7. To be eligible to receive a grant under this chapter, an eligible entity must do the following:

(1) Apply on a form and in a manner established by the department.

(2) Apply by a date established by the department.

(3) Develop and submit to the department a student learning recovery plan that meets the requirements in section 8 of this chapter and any other requirements established by the department.

(4) Specify the amount requested in the student learning recovery plan submitted by the eligible entity under subdivision (3).

As added by P.L.167-2021, SEC.1. Amended by P.L.171-2023, SEC.6; P.L.162-2024, SEC.16.

IC 20-32-8.7-8Submit student learning recovery plan; plan requirements Sec. 8. (a) To be eligible to receive a grant under this chapter, an eligible entity must develop and submit to the department a student learning recovery plan to provide recovery learning to students of the eligible entity described in section 5(a) of this chapter.

(b) A plan developed under subsection (a) must do the following:

(1) Address learning loss associated with the purpose of the program described in section 5(a) of this chapter.

(2) Identify metrics to measure learning recovery under the program as well as the proposed measurable and specific improvements to be made to demonstrate learning recovery.

(3) Provide for recovery learning to be offered in an in person setting, and may not offer recovery learning in a virtual setting.

As added by P.L.167-2021, SEC.1. Amended by P.L.216-2021, SEC.32; P.L.162-2024, SEC.17.

IC 20-32-8.7-9Grant amount; priority; collective bargaining Sec. 9. (a) If an eligible entity meets the requirements under this chapter, the department may award a grant under this chapter to the eligible entity in an amount determined by the department.

(b) The department may give priority to eligible entities that have not, and are not expected to, receive federal stimulus funds.

(c) If an eligible entity that receives a grant under this chapter is a school corporation, the grant amount is not subject to collective bargaining under IC 20-29. Notwithstanding IC 20-29-6-3, grant money received under this chapter is not considered revenue in the school corporation's education fund for purposes of determining whether the school corporation is in a position of deficit financing under IC 20-29-6-3.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-10Use of grant Sec. 10. An eligible entity that receives a grant under this chapter shall use the grant to implement the plan developed and submitted by the eligible entity under section 7(3) of this chapter.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-11Annual progress report to interim study committee on education Sec. 11. Before November 1, 2023, the department shall prepare, submit in an electronic format under IC 5-16-4, and present to the interim study committee on education established by IC 2-5-1.3-4(5) a report on the grants awarded under this chapter and the progress made by eligible entities awarded grants under this chapter in meeting the metrics and proposed improvements identified in the eligible entity's plan submitted under section 8(b)(2) of this chapter.

As added by P.L.167-2021, SEC.1. Amended by P.L.171-2023, SEC.7.

IC 20-32-8.7-12Establishment of fund Sec. 12. (a) The student learning recovery grant program fund is established for the purpose of providing grants to eligible entities under the program.

(b) The department shall administer the fund.

(c) The fund consists of the following:

(1) Appropriations by the general assembly.

(2) Interest deposited in the fund under subsection (d).

(3) Donations, gifts, and money received from any other source, including transfers from other funds or accounts.

(d) The treasurer of state shall invest money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(e) All money accruing to the fund is appropriated continuously for the purposes of the fund.

(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-13Annual report to governor and legislative council Sec. 13. (a) Not later than July 1 of each year, the department shall prepare an annual report that includes the following:

(1) A list of all of the eligible entities that participated in the program.

(2) The amount of the grant awarded to each participating eligible entity.

(3) The total amount of grants awarded under this chapter.

(b) The department shall submit the report described in subsection (a) to the:

(1) governor; and

(2) legislative council in an electronic format under IC 5-14-6.

As added by P.L.167-2021, SEC.1. Amended by P.L.171-2023, SEC.8; P.L.162-2024, SEC.18.

IC 20-32-8.7-14Rules Sec. 14. The state board may adopt rules under IC 4-22-2 necessary to implement this chapter.

As added by P.L.167-2021, SEC.1.

IC 20-32-8.7-15RepealedAs added by P.L.167-2021, SEC.1. Amended by P.L.171-2023, SEC.9. Repealed by P.L.162-2024, SEC.19.

IC 20-32-8.7-16RepealedAs added by P.L.167-2021, SEC.1. Amended by P.L.171-2023, SEC.10. Repealed by P.L.162-2024, SEC.20.

IC 20-32-9Chapter 9. RepealedRepealed by P.L.214-2025, SEC.177.

IC 20-33ARTICLE 33. STUDENTS: GENERAL PROVISIONS

Ch. 1.Equal Educational Opportunity Ch. 1.5.Neutrality Regarding Certain Activities Ch. 2.Compulsory School Attendance Ch. 2.5.Truancy Prevention Policy Ch. 3.Repealed Ch. 4.Legal Settlement and Transfer of Students Ch. 5.Financial Assistance for Students Ch. 6.Repealed Ch. 7.Parental Access to Student Records and Property Ch. 7.5.Parental Notification Regarding Identification Ch. 8.Student Discipline Ch. 8.5.Court Assisted Resolution of Suspension and Expulsion Cases Ch. 9.Reporting Requirements Ch. 10.Repealed Ch. 11.Repealed Ch. 12.Indiana Student Religious Civil Liberties Ch. 13.Athletic Teams and Sports

IC 20-33-1Chapter 1. Equal Educational Opportunity

20-33-1-1Policy 20-33-1-2Schools open to all 20-33-1-3Segregation prohibited; student tracking practices review 20-33-1-4Segregation prohibited; pupils 20-33-1-5Segregation prohibited; schools 20-33-1-6Segregation prohibited; teachers 20-33-1-7Supplementary nature of chapter