CHAPTER 2. DIVISION OF PROFESSIONAL STANDARDS

IC 20-28-2
     Chapter 2. Division of Professional Standards

IC 20-28-2-1
Department authority over teacher education, licensing, and professional development
    
Sec. 1. Except as provided in section 6 of this chapter, the department has the sole authority and responsibility for governing teacher education and teacher licensing matters, including professional development.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.136.

IC 20-28-2-1.5
Division of professional standards; established
    
Sec. 1.5. The division of professional standards is established within the department to administer the responsibilities of the department described in section 1 of this chapter.
As added by P.L.246-2005, SEC.137.

IC 20-28-2-2
Advisory board; established; membership
    
Sec. 2. (a) The advisory board of the division of professional standards is established to advise the superintendent, the board, the department, and the division on matters concerning teacher education, licensing, and professional development. The advisory board consists of nineteen (19) voting members.
    (b) Except as otherwise provided, each voting member of the advisory board described in this subsection must be actively employed by a school corporation. Eighteen (18) members shall be appointed by the governor as follows:
        (1) One (1) member must hold a license and be actively employed in a public school as an Indiana school superintendent.
        (2) Two (2) members must:
            (A) hold licenses as public school principals;
            (B) be actively employed as public school principals; and
            (C) be employed at schools having dissimilar grade level configurations.
        (3) One (1) member must:
            (A) hold a license as a special education director; and
            (B) be actively employed as a special education director in:
                (i) a school corporation; or
                (ii) a public school special education cooperative.
        (4) One (1) member must be a member of the governing body of a school corporation but is not required to be actively employed by a school corporation or to hold an Indiana teacher's license.
        (5) Three (3) members must meet the following conditions:
            (A) Represent Indiana teacher education units within Indiana

public and private postsecondary educational institutions.
            (B) Hold a teacher's license but not necessarily an Indiana teacher's license.
            (C) Be actively employed by the respective teacher education units.
        The members described in this subdivision are not required to be employed by a school corporation.
        (6) Nine (9) members must be licensed and actively employed as Indiana public school teachers in the following categories:
            (A) At least one (1) member must hold an Indiana standard early childhood education license.
            (B) At least one (1) member must hold an Indiana teacher's license in elementary education.
            (C) At least one (1) member must hold an Indiana teacher's license for middle/junior high school education.
            (D) At least one (1) member must hold an Indiana teacher's license in high school education.
        (7) One (1) member must be a member of the business community in Indiana but is not required to be actively employed by a school corporation or to hold an Indiana teacher's license.
    (c) Each member described in subsection (b)(6) must be licensed and actively employed as a practicing teacher in at least one (1) of the following areas to be appointed:
        (1) At least one (1) member must be licensed in special education.
        (2) At least one (1) member must be licensed in career and technical education.
        (3) At least one (1) member must be employed and licensed in student services, which may include school librarians or psychometric evaluators.
        (4) At least one (1) member must be licensed in social science education.
        (5) At least one (1) member must be licensed in fine arts education.
        (6) At least one (1) member must be licensed in English or language arts education.
        (7) At least one (1) member must be licensed in mathematics education.
        (8) At least one (1) member must be licensed in science education.
    (d) At least one (1) member described in subsection (b) must be a parent of a student enrolled in a public preschool or public school within a school corporation in either kindergarten or any of grades 1 through 12.
    (e) The state superintendent shall serve as an ex officio voting member of the advisory board. The state superintendent may make recommendations to the governor as to the appointment of members on the advisory board.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,

SEC.138; P.L.2-2007, SEC.213; P.L.234-2007, SEC.107; P.L.3-2008, SEC.117.

IC 20-28-2-3
Term of office
    
Sec. 3. The term of office for the appointed members of the advisory board is four (4) years.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.139.

IC 20-28-2-4
Director of advisory board; secretary of professional standards
    
Sec. 4. The superintendent shall appoint the director of the advisory board, who shall be known as the secretary of professional standards, from among the members of the advisory board for a term of one (1) year. A member may be reappointed to serve as director for subsequent terms.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.140.

IC 20-28-2-5
Reimbursement for expenses
    
Sec. 5. (a) Each member of the advisory board who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (b) Each member of the advisory board who is a state employee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.141.

IC 20-28-2-6
Adoption of rules; occupational experience awarded for instructor license in cosmetology
    
Sec. 6. (a) Subject to subsection (c) and in addition to the powers and duties set forth in IC 20-20-22 or this article, the advisory board may adopt rules under IC 4-22-2 to do the following:
        (1) Set standards for teacher licensing and for the administration of a professional licensing and certification process by the department.
        (2) Approve or disapprove teacher preparation programs.
        (3) Set fees to be charged in connection with teacher licensing.
        (4) Suspend, revoke, or reinstate teacher licenses.         (5) Enter into agreements with other states to acquire reciprocal approval of teacher preparation programs.
        (6) Set standards for teacher licensing concerning new subjects of study.
        (7) Evaluate work experience and military service concerning postsecondary education and experience equivalency.
        (8) Perform any other action that:
            (A) relates to the improvement of instruction in the public schools through teacher education and professional development through continuing education; and
            (B) attracts qualified candidates for teacher education from among the high school graduates of Indiana.
        (9) Set standards for endorsement of school psychologists as independent practice school psychologists under IC 20-28-12.
        (10) Before July 1, 2011, set standards for sign language interpreters who provide services to children with disabilities in an educational setting and an enforcement mechanism for the interpreter standards.
    (b) Notwithstanding subsection (a)(1), an individual is entitled to one (1) year of occupational experience for purposes of obtaining an occupational specialist certificate under this article for each year the individual holds a license under IC 25-8-6.
    (c) Before publishing notice of the intent to adopt a rule under IC 4-22-2, the advisory board must submit the proposed rule to the state superintendent for approval. If the state superintendent approves the rule, the advisory board may publish notice of the intent to adopt the rule. If the state superintendent does not approve the rule, the advisory board may not publish notice of the intent to adopt the rule.
    (d) The advisory board may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to establish procedures to expedite the issuance, renewal, or reinstatement under this article of a license or certificate of a person whose spouse serves on active duty (as defined in IC 25-1-12-2) and is assigned to a duty station in Indiana. Before publishing notice of the intent to adopt a permanent rule under IC 4-22-2, the advisory board must comply with subsection (c).
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.142; P.L.2-2007, SEC.214; P.L.144-2007, SEC.18; P.L.12-2009, SEC.1; P.L.30-2010, SEC.2.

IC 20-28-2-7
Recommendations
    
Sec. 7. (a) The department may recommend to the general assembly for consideration measures relating to the department's powers and duties that improve the quality of teacher preparation or teacher licensing standards.
    (b) The department shall submit to the general assembly before November 1 of each year a report:
        (1) detailing the findings and activities of the department, the

division, and the advisory board; and
        (2) including any recommendations developed under this chapter.
A report under this subsection must in an electronic format under IC 5-14-6.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.143.

IC 20-28-2-8
Advisory committees; expenditure of funds; budget
    
Sec. 8. (a) The department may, subject to approval by the budget agency, do the following to administer the responsibilities of the department described in section 2 of this chapter:
        (1) Establish advisory committees the department determines necessary.
        (2) Expend funds made available to the department according to policies established by the budget agency.
    (b) The department shall comply with the requirements for submitting a budget request to the budget agency as set forth in IC 4-12-1, for funds to administer the responsibilities of the department described in section 1 of this chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.144.

IC 20-28-2-9
Orders
    
Sec. 9. IC 4-21.5 applies to orders issued by the department under this chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.145.

IC 20-28-2-10
Professional standards fund
    
Sec. 10. There is established the professional standards fund to be administered by the department. The fund consists of fees collected under this chapter. Money in the fund does not revert to the state general fund at the end of a state fiscal year.
As added by P.L.246-2005, SEC.146.

IC 20-28-2-11
Teacher recruitment and retention initiatives
    
Sec. 11. The department shall collaborate with nonprofit entities, the commission for higher education, and state educational institutions to develop and implement initiatives focusing on the recruitment and retention of qualified educators from underrepresented populations. The initiatives should include, but are not limited to, the following activities:
        (1) Development of a recruitment plan for underrepresented and teacher shortage areas.
        (2) Production of a web site as a communication tool that

provides resource information and scholarship opportunities.
        (3) Development of a research agenda and network support system at each state educational institution to remove barriers and address challenges faced by students of underrepresented populations in order to recruit, retain, and graduate these students.
As added by P.L.10-2009, SEC.1.