By Niki Kelly, Indiana Capital Chronicle
More third graders will be retained due to lack of reading proficiency under a bill Indiana Gov. Eric Holcomb signed Monday, three days after the conclusion of this year’s annual legislative session.
Senate Enrolled Act 1 was among 67 bills he signed. Others include cracking down on xylazine, creating a bobcat hunting season and election changes.
When bills reach the governor’s desk, he has seven days to either sign or veto them. If no action is taken, the bill automatically becomes law. Holcomb has not vetoed any bills so far this session.
The new reading law seeks to remedy Indiana’s literacy “crisis” by requiring schools to administer the statewide IREAD test in second grade—a year earlier than current requirements—and directing new, targeted support to at-risk students and those struggling to pass the exam.
But if, after three tries, a third grader can’t meet the IREAD standard, legislators want school districts to retain them.
That number could reach into the thousands according to recent data. Last year, 13,840 third-graders did not pass IREAD, according to test data. Of those students, 5,503 received an exemption and 8,337 did not. But about 95% of students without an exemption moved onto 4th grade and just 412 were retained.
While much of the rest of the bill has received bipartisan support, the retention language has been passionately debated in both chambers.
Republicans have repeatedly said the proposal is not a “retention bill,” and holding Hoosier kids back in school should “be a last resort.” They maintain, too, that if literacy supports and remediation in the law are properly implemented, no children will have to be retained.
Exceptions are carved out for students who have been retained in third grade before, special-education students, certain English language learners, and students who pass the math portion of the statewide assessment and receive remedial reading instruction.
Schools will also be required to offer summer school to struggling readers starting this year, although the final version of the bill does not force students to attend.
The retention provision takes effect for the test taken during the upcoming 2024-2025 school calendar.
Here are some of the other bills that were signed into law. Most go into effect July 1.
- Senate Enrolled Act 241 requires the Indiana Department of Natural Resources to establish a bobcat hunting season. Bobcats–Indiana’s only native wild cat–were considered endangered for decades but they were taken off the state’s endangered species list in 2005, and their population has grown. Supporters said the bill will help manage Indiana’s growing population of bobcats. But opponents said they would rather see more comprehensive data about the animal’s population before allowing a hunting season.
- Senate Enrolled Act 5 seeks to more quickly replace lead drinking water pipes across Indiana. A priority measure for Senate Republicans, it would expedite the replacement of thousands of lead service lines, and at a lower cost. Specifically, the legislation requires landlords to enroll in a program to replace the lead pipes they own through their water utility or be forced to pay for it themselves.
- Senate Enrolled Act 185 requires that all public and charter schools create a policy for phones and other wireless devices. Hoosier students could still use their phones or tablets for educational purposes, if teachers deem it necessary. They can also use the devices if there is an emergency or for health reasons.
- House Enrolled Act 1025 puts the increasingly popular liquor-based pre-mixed beverages under a wine license, allowing beer wholesalers to sell them. Supporters said it creates competition within the wholesale tier by allowing all license holders to sell the mixed ready-to-drink beverages. Opponents said it helps beer wholesalers who already have competitive advantages.
- House Enrolled Act 1090 allows juries hearing civil lawsuits related to car accidents to hear whether the victim was wearing a seat belt and use the information to reduce damages. Currently under Indiana law, a jury isn’t allowed to know if a plaintiff in a case was wearing a seat belt or not some believe doing so takes the focus off who is at fault for causing the accident. Supporters, though, said if injuries were worse because an adult didn’t wear a seat belt, it should be allowed to be considered. A judge still would have the discretion on that decision. The legislation says the information is only allowed for those who are age 15 or older.
- House Enrolled Act 1203 makes possession of xylazine, a cheap animal sedative, a misdemeanor that can be increased with multiple convictions. Dealing in xylazine would be a felony. Overdoses have been linked to fentanyl laced with xylazine.
- House Enrolled Act 1264 creates new requirements for first-time voters, proof of citizenship and more. It also would allow state election officials to pay for commercially available data—likely Experian’s TrueTrace—and let county voter registration offices use the information for voter list maintenance. Supporters called it an election security bill while opponents said it adds unnecessary hoops for eligible voters.
- Senate Enrolled Act 182 limits drone use near correctional facilities. The Indiana Department of Correction reported over 30 drone sightings in 2023 and over a dozen confirmed drone drops of contraband inside state correctional facilities, according to a news release. One report detailed the recovery of a drone and package containing tobacco, six cell phones, four chargers and marijuana.
For a full list of Monday’s 67 signed bills, visit the governor’s website.
