A 129-page education bill that, according to its author, aims to delete duplicative code, was heard by Senate members for the first time Wednesday in the Education and Career Development Committee.
The code targeted in HB 1002 is all found in IC Title 20, which includes education-related rules and regulations.
Bill author Rep. Bob Behning, R-Indianapolis, gave committee members a synopsis of the legislation, emphasizing that it should not be considered contentious.
Behning said the bill primarily removes “may provisions,” which give educational institutions the choice of opting in or out of adhering to a code.
“We wanted to not get controversial with this bill but really make it a simplified bill where it's just eliminating duplicative may provisions and, basically, funds,” Behning said.
While the author may not have intended to alarm anyone with his bill’s content, the concerns of committee members prevailed in the discussion.
The most-voiced issue regarded regulations or, in this case, lack thereof, related to Indiana’s secretary of education. During a hearing on the House floor in January, Behning told representatives that his bill removes all requirements for the governor-appointed secretary of education other than a necessary two years of administrative educational experience.
He said this was the least restrictive requirement he could muster.
“We elect a governor who makes an appointment, and the governor is held accountable,” Behning told representatives in January. “It’s not gonna be something that’s not taken very seriously. … I don’t think we need to tie their hands.”
On Wednesday, Sen. J.D. Ford, D-Indianapolis, pointed out that the bill also strikes language requiring the secretary of education to live in Indiana for at least two years before their appointment.
“I would hope they would be a Hoosier,” Behning told Ford. “But there is a lot of talent in this country.”
Sen. Shelli Yoder, D-Bloomington, was also bothered by the removal of the Indiana residency qualification and said she wondered if the individual ever has to live in the state.
Behning clarified that he struck language requiring the secretary to be a Hoosier for at least two years prior to their appointment. After that language is struck, the law is silent, meaning the secretary is not required to ever reside in Indiana.
“I think the spirit of the law was assuming that they would live here after it. But it is silent. I will give you that,” Yoder said to Behning. “But I think striking it points to and identifies a concern.”
Sally Sloan, the bill's sole civilian critic in attendance, said on behalf of the American Federation of Teachers (AFT) Indiana, she opposed the bill.
She said AFT Indiana does not agree with repealing the secretary of education’s requirements like having an advanced education-related degree and experience as a teacher, principal or superintendent.
Sloan added that the secretary should have to be a Hoosier for at least two years, like lawmakers are mandated to before running for office.
“Qualifications, such as those that are required for the secretary of education, provide other education entities throughout the state, and even in the nation, an assurance of effective leadership and credibility—qualities, in a rapidly changing environment, that are possibly more important today than ever before,” Sloan said.
The bill’s supporters, which included Cindy Long, assistant executive director of Indiana School Principals Association, said she supported the bill because it reduces government regulation of schools.
“One of our organization’s legislative priorities is an emphasis on reducing the regulations that schools encounter, where they make sense,” Long said.
Long said the association appreciates that the bill allows local school corporations to decide when and which trainings teachers have to complete.
She added this will free up time that educators can spend with students.
“We know that each time we’re able to give back time to educators, that’s time that they can spend working with students,” she said. “This provides a positive impact on the wellbeing of our teachers and students.”
After testimonies, Behning reminded committee members that the bill would be part of a three-year process to give schools more flexibility to “do what they do best.”