Indiana
Indiana’s third grade retention bill could violate federal law on English learners, advocates say
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A bill that would hold back more third graders in Indiana has raised alarms among teachers of English language learners, who say the retention mandate ignores research on language acquisition, and could violate federal law.
Senate Bill 1 â a priority bill for GOP lawmakers this year â requires schools to remediate young students who donât demonstrate reading skills and retain most third graders who donât pass the state reading test, the IREAD3. Itâs part of a legislative effort to address the stateâs literacy scores, which have declined for more than a decade.
The bill has passed the Senate and is heading for a full vote in the House with support from the Indiana Department of Education.
The bill includes âgood causeâ exemptions to retention for several groups of students, including English learners who have received services for less than two years and whose teachers and parents agree that promotion is appropriate.
But advocates for English learners say that the exemption for this population doesnât align with what research says about how long it takes for students to learn a new language.
With a growing population of 93,000 English learners in Indiana, and a history of shortages of educators licensed to teach language learners, advocates worry that English learners will be denied an appropriate education if theyâre retained. The state also has an increasing number of immigrant students, some of whom will need language services.
Advocates also say the provision conflicts with the stateâs implementation of the Every Student Succeeds Act, which gives students six years to demonstrate proficiency in English before their schools face a penalty. Federal law also states that English learners should not be retained solely on the basis of their English language proficiency and that they are entitled to age-appropriate curriculum and participation in school programs.
State officials who support the bill, however, say it does not conflict with federal law or state rules.
Sen. Linda Rogers, the billâs co-author, said in a statement that the language conforms with federal guidance, and that the billâs authors âworked to ensure that was the case as the legislation was being written.â
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And the Indiana Department of Education said in a statement that federal guidance requires school districts to help students become English proficient and participate in regular classes âwithin a reasonable period of time.â
Per the bill, that reasonable amount of time is two years to make sure EL students arenât retained only because of âtheir lack of English proficiency and before they have been provided with meaningful opportunity and academic instruction,â the IDOE statement said.
But learning a new language can take anywhere from five to 14 years, said Patricia Morita-Mullaney, a professor of language and literacy at Purdue University and past president of the Indiana Teachers of English to Speakers of Other Languages, or INTESOL.
English learners who are retained under the provisions of Senate Bill 1 could sue the state for failing to meet federal requirements, Morita-Mullaney said.
âIndiana is setting itself up for an enormous class action lawsuit,â Morita-Mullaney said.
Meeting the needs of English learners
Historically, most of Indianaâs young English learners were U.S. citizens who had attended American schools since kindergarten, Morita-Mullaney said. A large percentage then could become eligible for retention in third grade, when they are in their fourth year of receiving English language services â an insufficient amount of time, she said.
The effect would be a penalty for the child, instead of the school as currently outlined by ESSA, she said.
Current Indiana law exempts English learners from retention.
In addition to concerns about violating federal law, holding students back based on their English proficiency has a negative impact on their content knowledge, said Donna Albrecht, a professor of ENL/ESL at Indiana University Southeast and a member of the advocacy team at INTESOL. Instead, teachers should be trained in methods that teach content and language at the same time.
âItâs not that they werenât taught to read; theyâre learning two languages. It takes more time,â Albrecht said. âBy the time they reach fourth and fifth grade, theyâre surpassing their monolingual peers.â
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Of the 2,819 English learner students who failed the IREAD-3 statewide in 2023, 1,922 received a good cause exemption from retention, while 897 did not. Most of the latter â 868 students â were promoted to fourth grade anyway. Such âsocial promotionâ has increased in Indiana schools over the last decade.
Retaining hundreds more students will affect both urban districts like Indianapolis Public Schools, which has a large population of English learners, as well as small, rural districts where these students make up a large share of the population, Morita-Mullaney said.
In both cases, schools will need to staff additional third grade classrooms with teachers who are prepared to teach English learners, Morita-Mullaney said. Indiana schools have struggled to find enough qualified teachers for English learners â another federal requirement.
âTheyâll move teachers to third grade, or theyâll bring in new people who have never been in high-stakes testing environments before,â Morita-Mullaney said.
Improving Senate Bill 1 for English learners
There are 93,625 English learners in all grades statewide in 2023-24, according to Indiana Department of Education data.
To improve the bill for English learners, INTESOL recommends changing the exemption language to reference scores on Indianaâs assessment for English learners â WIDA.
Under the organizationâs proposed language, students who score less than a 5.0 proficiency level on WIDA, the score needed to exit the English learner programs and join the general student body, would be eligible for an exemption if they fail IREAD3.
On average, students gain half a level of proficiency per year on the assessment, said Albrecht. But even students who gain a full level of proficiency each year may not be ready to pass the IREAD-3 in third grade if they started learning English in kindergarten.
Itâs not clear from available state data at what WIDA level students can typically pass the IREAD-3, Albrecht added. Comparing data has been challenging due to years of changes in state and federal testing, Morita-Mullaney said.
The state Department of Education said WIDA measures English language proficiency at grade level, as mandated by ESSA, while IREAD3 measures reading proficiency overall.
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Advocates pushed back on this interpretation saying WIDA focuses on all parts of language, but IREAD is designed to test reading for native speakers.
Bill author Rogers also said that retention would not conflict with Indianaâs ESSA plan.
âThe legislation highlights early identification of students that may not be reading proficient by the end of third grade. These students will be provided remediation and summer school aligned with the Science of Reading,â Rogersâ statement said. âThe goal is not to retain anyone that doesnât have a good cause exemption and ensure that âEvery Child Learns to Read.ââ
Previously, proponents said that retention will remain a last resort for students after they have more intervention and multiple attempts to pass the test. Still, retention is a necessary step in some cases, they said, giving students another year to develop literacy skills.
Both Rogers and Secretary of Education Katie Jenner have said they donât believe very many students will be retained after receiving increased intervention.
âThis is a crisis for our state right now and we have no time to waste,â Jenner said at a Wednesday meeting of the House Ways and Means Committee.
The bill is scheduled for a second reading in the House on Monday.
You can track Senate Bill 1 on the General Assembly website.
Aleksandra Appleton covers Indiana education policy and writes about K-12 schools across the state. Contact her at aappleton@chalkbeat.org.
Indiana
Indiana mother charged with neglect after baby’s co-sleeping death
INDIANAPOLIS (WKRC) — An Indianapolis mother is now facing criminal charges after her 2-month-old baby died in an apparent improper co-sleeping environment, according to investigators.
According to a probable cause affidavit obtained by FOX 59/CBS 4, police were called to an area hospital on Sept. 19, 2024, following the death of 27-year-old Brooklyn Davis’ son. The boy had been found unresponsive in his family’s home early that morning, and Davis attempted CPR before he was rushed to the hospital.
The affidavit says the boy had been sleeping on Davis’ bed with his 6-year-old brother. Davis later showed investigators a video showing the baby sleeping chest down on the 6-year-old’s chest.
An autopsy concluded the baby’s cause of death was “sudden explained death of an infant” with an intrinsic factor, which included being “placed to sleep in a queen-sized mattress being shared with a 6-year-old sibling, along with numerous blankets and other miscellaneous items; discovered unresponsive in a prone position with his face turned to the side and partially covered with a blanket.”
A report from the Department of Child Services (DCS) indicated the boy had no known health issues and that Davis ran an FSSA-licensed day care and has “extensive training on child care and safe sleeping environments.”
Davis had been known to DCS prior to the baby’s death. The boy had been born marijuana-positive and, on July 2, 2024, Davis had reportedly signed a “Safe Sleep Safety Plan,” acknowledging she understood that the safest places for her baby to sleep were in a crib, pack-and-play or bassinet and warned that co-sleeping places the baby at risk of suffocation and sleeping areas should be kept free of blankets, pillows and other items. The plan also included a provision that Davis not use marijuana while caring for her children, but she told investigators during an interview that, the morning of her baby’s death, she had gone downstairs to smoke marijuana and left the children alone upstairs.
Davis’ two other children were removed from the home, and interviews with them revealed that co-sleeping with the infant happened often.
Investigators say they attempted to contact Davis several times after talking to her children.
“She called me on February 18, 2025, and said she didn’t do anything wrong, her baby died of SIDS,” the detective wrote in the affidavit. “Brooklyn never came in for an additional interview.”
Court records indicate the case was filed in March 2026. Davis was booked into jail on April 1 on three counts of neglect of a dependent. An initial hearing was held on April 7, and a bail review hearing is planned for Monday.
Indiana
Projecting the Indiana Fever’s 2026 Starting Lineup
The start of training camp officially marks the beginning of the 2026 WNBA season. The Indiana Fever were fairly quiet during free agency after successfully retaining most of their top-tier talent such as Kelsey Mitchell, Aliyah Boston, Lexie Hull, and Sophie Cunningham. Though they still managed to add a few solid pieces to further stack their depth.
Last season the Fever made an impressive postseason run despite facing multiple injuries, particularly in the backcourt. The front office clearly prioritized guard depth as a result, as well as looking to upgrade at the power forward position.
The Fever brass aimed to shore up any defensive deficiencies on the perimeter in the draft by adding guard Raven Johnson out of South Carolina, who brings a reputation as a defensive stopper. As for bolstering the frontcourt, to play alongside, and even provide some relief for Aliyah Boston, newly acquired 6-foot-4 Monique Billings and veteran forward Myisha Hines-Allen fit the bill. Indiana also picked up another solid player in Tyasha Harris at the guard position to provide backcourt depth and relieve pressure on Kelsey Mitchell and Caitlin Clark.
As for the starting lineup, here’s who the Indiana Fever are projected to run with:
Caitlin Clark, Guard
This comes as no surprise, but Clark will look to lead the way for the Fever in one of the two starting guard roles. Coming off of a season riddled with injuries, her return is highly anticipated. In true Clark fashion, she showed positive signs of production during the FIBA World Cup qualifiers where she led Team USA in assists and points.
Clark is expected to return to form in 2026. She provides speed in transition, is a deep threat from beyond the arc, and is elite at setting up her teammates. The only thing standing in the way of a productive season for Clark is remaining healthy for the duration of the season.
Kelsey Mitchell, Guard
Re-signing Kelsey Mitchell was yet again the main offseason priority for the Fever and they did just that. Coming off of a career year, Mitchell will be a key component in the Fever reaching a championship. She averaged 20.2 points per game last season and carried the team on her back during Clark’s absence.
As a premier scoring guard, she complements Clark’s game well and when the two are on the floor together, they’re easily the most explosive backcourt in the entire WNBA. Mitchell has exceptional speed and is a gifted isolation scorer. Her ability to quickly cut and drive to the rim makes her a nightmare for opposing teams to defend and contributed to her earning a 2025 All-WNBA First Team selection.
Mitchell is one of the most dangerous clutch situation players in the league making her a stellar weapon for the Fever.
Lexie Hull, Forward
Entering her fifth WNBA season, all with the Fever, no other player on the roster has grown as much as Lexie Hull. Her steady development has made her a key piece and earned her a starting role in the rotation as last season progressed. Listed as a guard, her defense and versatility has allowed her to frequently fill the role of small forward. She impacts the game on both ends of the floor and saw career highs in 2025 in points per game (7.2), rebounds per game (4.3), assists per game (1.8) and steals per game (1.2).
Her impactful instincts even contributed to her being near the top of the WNBA in offensive fouls drawn last season. With her high-percentage shooting from beyond the arc, solid perimeter defense, and elite hustle, Hull fills the wing role nicely for the Fever.
Monique Billings, Forward
Heading into the 2026 season, the Fever desperately needed to add talented size up front to complement Aliyah Boston’s skill set. With the departure of veteran Natasha Howard in free agency, the Fever acquired their likely next starting power forward in Monique Billings.
Billings is a strong finisher around the basket, has soft hands, runs the floor well, and is adept at screening for guards. She can also defend multiple positions and is a more than capable rebounder. Billings checks all of the boxes of a needed component for Indiana.
Aliyah Boston, Center
After making WNBA history with a record contract, Aliyah Boston looks to continue to elevate her game. Boston has quickly ascended as one of the league’s biggest threats in the middle of the floor. What makes this season even more promising for Boston is the dominant performances she put on display during Unrivaled.
She’s in peak physical shape, faster and has worked on her three-point shooting – an area she committed herself to improving on in the offseason. The three-time All-Star has already established herself as a force on the block due to her combination of size and footwork. Her step-through moves have increased her efficiency in scoring under the basket.
Boston seems poised to have the best season of her career in 2026.
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Indiana
An Indiana district turned to voters to fund more preschool seats. Here’s what happened next.
(CHALKBEAT INDIANA) — When Pete Hinnefeld and his wife started looking for a preschool for their daughter, they hoped to send her to the same school her brother attended, which was just down the road from their house and offered Spanish-language immersion.
To do this for Lydia, then age 3, they were prepared to pay the $600 monthly cost.
But after voters approved a property tax referendum to fund early learning for children living within the Monroe County Community School Corporation, the family’s preschool bill was cut by more than half. Nearby preschool cut down time spent commuting to their parents’ house for babysitting, and helped Lydia build social skills.
The family are one of hundreds now benefitting from the 2023 referendum, which has more than doubled the number of children attending 3- and 4-year-old preschools in the district.
“For us, this is why you pay taxes,” Hinnefeld said. “It’s important for young kids to have access to school and if parents need to work, it’s an opportunity to let them work.”
The referendum put forward by the district, located in Bloomington, is a first in the state, offering all families tuition support on a sliding scale based on income, no matter whether children attend a district preschool or a partner provider.
It represents a local solution to problems with accessing and affording early learning that have left thousands of Indiana families waiting for help. Indiana in December 2024 froze its Child Care and Development Fund, or CCDF, and On My Way Pre-K dollars, which provide funding for early learning for income-eligible households.
A $200 million funding increase for CCDF approved by the State Budget Committee this week will allow Indiana to begin issuing vouchers againin May to around 14,000 more children, for a total enrollment of around 57,000. Those funds will last around one year.
Still, around 20,000 children will remain on the waitlist, and families may have fewer options for where to use their vouchers as hundreds of providers have closed since the freeze was announced, according to early learning advocates in the state. In a recent survey of early childhood educators in Indiana — which includes those working in a variety of settings — 90% of respondents said families are struggling to pay tuition.
A statewide universal preschool program is unlikely, Republican leaders have said. Instead, a legislative proposal this year would have let cities and counties — not just school districts — ask voters to fund preschool seats. It failed to get traction, but its advocates expect it to return.
The political climate isn’t especially promising for local tax increases: A new Indiana law has placed caps on property tax revenue that are already affecting local budgets. Lawmakers also recently restricted when schools can place referendums on the ballot.
Still, a new local revenue stream could be a boon in some Indiana communities, such as those with high demand for preschool, existing programs, and high social cohesion, said Sam Snideman, vice president of government relations for United Way of Central Indiana.
“There are going to be communities where this makes a ton of sense,” Snideman said. “The increasing challenge for an entity that goes before the public for a referendum is making a very clear value case. What is the common good and what is in the community interest is very important.”
School district’s pre-K enrollment doubles after referendum
Before Monroe schools brought the referendum request to voters, the district conducted a study that showed there were not enough early learning seats to serve children in the community, said Timothy Dowling, director of early learning and enrollment at Monroe schools. And families couldn’t always afford the seats that were available.
But the district also knew that research links quality early learning improved later academic outcomes, Dowling said.
“We wanted to do everything we can to help our students get the benefit of early learning, because we know it pays off in huge dividends,” Dowling said.
The referendum equated to around a $50 increase yearly for a home with an assessed value of $250,000, according to the district website, and also paid for instructional supplies for K-12 students. It passed with 55% of the vote; Dowling said the community study and transparency about how the referendum funds would be used were key to its success.
As a result of the successful referendum, all families in the district qualify for at least $4,000 in tuition assistance for preschool for 4-year-olds, whether their children attend a district school or at one of seven community providers.
Around 76% students in the district’s program attend for free based on their family’s income, Dowling said. Families in the lowest income tier who send their children to community providers receive $8,000 in tuition assistance.
The program also offers tuition assistance for 3-year-old preschool based on income and where the student attends school. For families making 225% or less of the federal poverty level, preschool is free at district programs. Often those families struggled the most to afford child care, even when state child care vouchers were available, Dowling said.
In 2024-25, the year after the referendum passed, the number of 4-year-olds attending preschool doubled from 184 to 378, with 64 of those children attending preschool at outside centers. This year, the district expanded preschool for 3-year-olds, based on the timeline laid out in the referendum. Enrollment jumped from 78 to 123, with another 33 students attending community child care centers, Dowling said.
With multiple types of providers, families have options, said Kelly Sipes, the executive director for Penny Lane Childcare Centers, which is a partner provider with the district. Those who need transportation might choose a district-run preschool, she said, but those who need year-round care during school holidays can choose a center like Penny Lane instead.
Her centers are usually at capacity, Sipes said, and child care needs in the community persist. When CCDF funding was cut, some of her families turned to the funding from the district instead.
“It’s awesome for the families,” Sipes said. “We should be all in this together as a community.”
Pitching child care: ‘We live in a society’
Replicating referendum-funded preschool might work well in communities where school-based providers already exist, and where there’s a sufficient tax base and steady demand for child care, Snideman said. It would also be an incentive to attract working families.
But it could be a harder sell in rural districts, where there are fewer families and less demand.
Generally, school referendums pass in districts that are wealthier, and in areas with less farmland, said Larry DeBoer, a Purdue University professor emeritus of agricultural economics, who has studied school referendums in depth.One of the biggest predictors of success is whether a school district has tried to pass a referendum before — even if they’ve failed, a second referendum is more likely to pass, DeBoer said.
Monroe schools had previously passed an operating referendum the year before its 2023 preschool referendum. As a county, Monroe has a slightly lower per-person income than Indiana as a whole, and has more students than the small and medium-sized districts most likely to propose successful ballot measures. It’s home to Indiana University, and tends to vote Democratic in a largely conservative state.
A legislative proposal this year, HB 1430, would have given the power to levy preschool referendums to counties and cities, potentially casting a wider net for both family demand and child care providers.
The bill did not receive a hearing, in part because Indiana legislative leaders are usually reluctant to consider bills with a fiscal impact in even-numbered years where they don’t pass a state budget. And the most recent state budget passed in 2025 was tight, with cuts to spending and programs due to a revenue shortfall.
The bill’s author, Rep. Blake Johnson, a Democrat, said that conversations about the bill have been fruitful, and that he expects the idea to return in a future session.
Given budget concerns, a locally funded solution that communities can tailor to their own needs may be more successful than a statewide one, said Patrick McAlister, who leads the Preschool Choice Alliance, a statewide group.
“This is an economic development need. Here’s the tool and the option to exercise it or not,” Johnson said.
A successful referendum would be a boon to working parents who struggle to afford the cost of early learning, said McAlister, who used to be the director of the Indianapolis Mayor’s Office of Education Innovation. But even for non-parents, a preschool referendum could have a positive impact on property values and in other ways, McAlister said.
Ultimately, it would be one part of an “all and above strategy” addressing care for children from birth to age 2.
“We live in a society,” McAlister said. “There are certain things we hold true and caring for children is a value many people share.”
Aleksandra Appleton covers Indiana education policy and writes about K-12 schools across the state. Contact her at aappleton@chalkbeat.org.
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