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Committee backs bill to protect employees who attend IEP and case conference meetings; measure includes notice, limits and sunset

2866426 · April 2, 2025
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Summary

The committee voted 11-0 to advance Senate Bill 409, which bars employers from taking adverse action against employees who miss work to attend case conference committee (IEP) or attendance conferences, subject to notice and limits; the bill includes a 2029 sunset.

Senate Bill 409, which would protect parents who miss work to attend case conference committee meetings (commonly IEP meetings) and attendance conferences, was approved by committee on a unanimous roll call.

Senator Pohl, the bill sponsor, said the measure protects parents who need time to attend meetings that determine individualized education program (IEP) content and attendance plans. "This bill does have a sunset, which I think is an important aspect of it as well," Pohl said, noting the bill would expire in 2029 to allow evaluation of the policy.

Witnesses described barriers parents face in attending these meetings during the workday. Ashley Phillips, community needs analyst at the Indiana Community Action Poverty Institute, testified about parents— challenges and said virtual alternatives can be insufficient when privacy or workplace conditions prevent full participation. "These are not hasty decisions," Phillips said, describing the deliberative nature of IEP planning.

Tom Krishan, chief legal officer for the Arc of Indiana, also testified in support, highlighting parental participation as central to developing appropriate educational plans and raising concerns about amended language that limits covered meetings to one per calendar year and emphasizes virtual meetings. "The amended language limits the number of case conference committee meetings a parent can attend without workplace penalties to just 1 per calendar year," Krishan said, and he urged reconsideration of that provision because some students may require more frequent meetings.

Key provisions discussed in the hearing and reflected in testimony include a minimum five-day notice requirement for employees seeking leave to attend a conference, a limit to one qualifying case conference or attendance conference per calendar year under the amended language, coverage limited to attending and travel time (the bill does not require employers to provide paid leave), a requirement that the employee make a reasonable effort to use electronic conferencing, and a sunset in 2029.

After discussion, the committee moved to vote and recorded 11 votes in favor and none opposed; the transcript reflects an "11 to 0" committee vote.

The hearing record contains supporters urging the committee to reconsider the amendment that caps covered meetings at one per year; the sponsor and other proponents said they view the sunset and electronic-scheduling requirement as safeguards for employers while protecting parental participation.