Indiana 2022 2022 Regular Session

Indiana House Bill HB1093 Introduced / Bill

Filed 12/30/2021

                     
Introduced Version
HOUSE BILL No. 1093
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 10-21-1; IC 12-17.2-3.8; IC 20-19-3-15;
IC 20-24-2.1; IC 20-26-18.2; IC 20-28-5-18; IC 20-30-2-4;
IC 20-32-5.1-12; IC 20-40-2.
Synopsis:  Education matters. Amends the membership and duties of
the early learning advisory committee. Makes changes to the definition
of "school resource officer". Provides that, after June 30, 2023, if a
school corporation or charter school enters into a contract for a school
resource officer, the school corporation or charter school must enter
into a memorandum of understanding with the law enforcement agency
that employs or appointed the individual who will perform the duties
of a school resource officer. Provides that certain parties are prohibited
from incentivizing the enrollment, reenrollment, or continued
attendance of a student or prospective student by offering or giving an
item that has monetary value. Requires the Indiana charter school
board (board) to appoint an executive director to carry out the duties
and daily operations of the board. Establishes the executive director's
duties. Provides that the board shall establish certain processes.
Establishes the Indiana charter school board fund and provides that
money in the fund is appropriated continuously for purposes of the
board. Provides that the department of education (department) may
grant an accomplished practitioner's license under certain conditions.
Provides that the instructional days tuition support distribution formula
account for certain schools within a school corporation. Authorizes the
department to study and, if recommended, use machine scoring.
Changes the department's review period for certain funds. Repeals a
provision concerning staffing of the board. Provides that the state board
of education shall assign to a school or school corporation (including
adult high schools) a "null" or "no letter grade" for the 2021-2022
school year.
Effective:  July 1, 2021 (retroactive); April 1, 2022; July 1, 2022.
Behning
January 4, 2022, read first time and referred to Committee on Education.
2022	IN 1093—LS 6958/DI 110 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1093
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-21-1-2, AS AMENDED BY P.L.197-2019,
2 SECTION 3, AND AS AMENDED BY P.L.50-2019, SECTION 2,
3 AND AS AMENDED BY P.L.153-2019, SECTION 1, AND AS
4 AMENDED BY P.L.272-2019, SECTION 3, IS CORRECTED AND
5 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
6 Sec. 2. (a) The Indiana secured school fund is established to provide:
7 (1) matching grants to enable school corporations, and charter
8 schools, and accredited nonpublic schools to establish programs
9 under which a school corporation, or charter school, or accredited
10 nonpublic school (or a coalition of schools) may:
11 (1) (A) employ a school resource officer, employ a law
12 enforcement officer, or enter into a contract or a memorandum
13 of understanding with a:
14 (A) (i) local law enforcement agency;
15 (B) (ii) private entity; or
16 (C) (iii) nonprofit corporation;
17 to employ a school resource officer or a law enforcement
2022	IN 1093—LS 6958/DI 110 2
1 officer;
2 (2) (B) conduct a threat assessment of the buildings within a
3 school corporation or the buildings that are operated by a
4 charter school or accredited nonpublic school; or
5 (3) (C) purchase equipment and technology to:
6 (A) (i) restrict access to school property; or
7 (B) (ii) expedite notification of first responders; or
8 (4) (D) implement a student and parent support services plan
9 as described in section 4(a)(5) 4(a)(6) of this chapter; and
10 (2) one (1) time grants to enable school corporations, charter
11 schools, and accredited nonpublic schools with the sheriff for the
12 county in which the school corporation, charter school, or
13 accredited nonpublic school is located, to provide the initial set
14 up costs for an active event warning system.
15 (b) A school corporation or charter school may use money received
16 under a matching grant for a purpose listed in subsection (a) to
17 provide a response to a threat in a manner that the school corporation
18 or charter school sees fit, including firearms training or other
19 self-defense training.
20 (b) (c) The fund shall be administered by the department of
21 homeland security.
22 (c) (d) The fund consists of:
23 (1) appropriations from the general assembly;
24 (2) grants from the Indiana safe schools fund established by
25 IC 5-2-10.1-2;
26 (3) federal grants; and
27 (4) amounts deposited from any other public or private source.
28 (d) (e) The expenses of administering the fund shall be paid from
29 money in the fund.
30 (e) (f) The treasurer of state shall invest the money in the fund not
31 currently needed to meet the obligations of the fund in the same
32 manner as other public money may be invested. Interest that accrues
33 from these investments shall be deposited in the fund.
34 (f) (g) Money in the fund at the end of a state fiscal year does not
35 revert to the state general fund.
36 SECTION 2. IC 10-21-1-4, AS AMENDED BY P.L.197-2019,
37 SECTION 5, AND AS AMENDED BY P.L.50-2019, SECTION 4,
38 AND AS AMENDED BY P.L.153-2019, SECTION 2, IS
39 CORRECTED AND AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The board may award a
41 matching grant to enable a school corporation, or charter school, or
42 accredited nonpublic school (or a coalition of schools applying jointly)
2022	IN 1093—LS 6958/DI 110 3
1 to:
2 (1) establish a program to employ a school resource officer;
3 (2) employ a law enforcement officer;
4 (2) (3) provide school resource officer training described in
5 IC 20-26-18.2-1(b)(2); IC 20-26-18.2-1(c);
6 (3) (4) conduct a threat assessment; or
7 (4) (5) purchase equipment to restrict access to the school or
8 expedite the notification of first responders; in accordance with
9 section 2(a) of this chapter; or
10 (5) (6) implement a student and parent support services plan in
11 the manner set forth in IC 20-34-9;
12 in accordance with section 2(a) of this chapter.
13 (b) A matching grant awarded to a school corporation, or charter
14 school, or accredited nonpublic school (or a coalition of schools
15 applying jointly) may not exceed the lesser of the following during a
16 two (2) year period beginning on or after May 1, 2013:
17 (1) The total cost of the program established by the school
18 corporation, or charter school, or accredited nonpublic school (or
19 the coalition of schools applying jointly).
20 (2) Except as provided in subsection (d), the following amounts:
21 (A) Fifty thousand dollars ($50,000) per year, in the case of a
22 school corporation, or charter school, or accredited
23 nonpublic school that:
24 (i) has an ADM of at least one thousand (1,000); and
25 (ii) is not applying jointly with any other school
26 corporation, or charter school, or accredited nonpublic
27 school.
28 (B) Thirty-five thousand dollars ($35,000) per year, in the
29 case of a school corporation, or charter school, or accredited
30 nonpublic school that:
31 (i) has an ADM of less than one thousand (1,000); and
32 (ii) is not applying jointly with any other school
33 corporation, or charter school, or accredited nonpublic
34 school.
35 (C) Fifty thousand dollars ($50,000) per year, in the case of
36 a coalition of schools applying jointly.
37 (A) Thirty-five thousand dollars ($35,000) per year, in the
38 case of a school corporation, charter school, or accredited
39 nonpublic school that:
40 (i) has an ADM of at least one (1) and less than one
41 thousand one (1,001) students; and
42 (ii) is not applying jointly with any other school
2022	IN 1093—LS 6958/DI 110 4
1 corporation, charter school, or accredited nonpublic
2 school.
3 (B) Fifty thousand dollars ($50,000) per year, in the case of a
4 school corporation, charter school, or accredited nonpublic
5 school that:
6 (i) has an ADM of more than one thousand (1,000) and less
7 than five thousand one (5,001) students; and
8 (ii) is not applying jointly with any other school
9 corporation, charter school, or accredited nonpublic
10 school.
11 (C) Seventy-five thousand dollars ($75,000) per year, in the
12 case of a school corporation, charter school, or accredited
13 nonpublic school that:
14 (i) has an ADM of more than five thousand (5,000) and less
15 than fifteen thousand one (15,001) students; and
16 (ii) is not applying jointly with any other school
17 corporation, charter school, or accredited nonpublic
18 school.
19 (D) One hundred thousand dollars ($100,000) per year, in the
20 case of a school corporation, charter school, or accredited
21 nonpublic school that:
22 (i) has an ADM of more than fifteen thousand (15,000); and
23 (ii) is not applying jointly with any other school
24 corporation, charter school, or accredited nonpublic
25 school.
26 (E) One hundred thousand dollars ($100,000) per year, in the
27 case of a coalition of schools applying jointly.
28 (c) Except as provided in subsection (d), the match requirement for
29 a grant under this chapter is based on the ADM, as follows:
30 (1) For a school corporation, charter school, or accredited
31 nonpublic school with an ADM of less than five hundred one
32 (501) students, the grant match must be twenty-five percent (25%)
33 of the grant amount described in subsection (b).
34 (2) For a school corporation, charter school, or accredited
35 nonpublic school with an ADM of more than five hundred (500)
36 and less than one thousand one (1,001) students, the grant match
37 must be fifty percent (50%) of the grant amount described in
38 subsection (b).
39 (3) For a school corporation, charter school, or accredited
40 nonpublic school with an ADM of more than one thousand
41 (1,000) students or a coalition of schools applying jointly, the
42 grant match must be one hundred percent (100%) of the grant
2022	IN 1093—LS 6958/DI 110 5
1 amount described in subsection (b).
2 (d) A school corporation, charter school, or accredited nonpublic
3 school may be eligible to receive a grant of up to:
4 (1) one hundred thousand dollars ($100,000) if:
5 (A) the school corporation, charter school, or accredited
6 nonpublic school receives a grant match of one hundred
7 percent (100%) of the requested grant amount; and
8 (B) the board approves the grant request; or
9 (2) for a school corporation, charter school, or accredited
10 nonpublic school described subsection (c)(1) or (c)(2), a grant of
11 up to fifty thousand dollars ($50,000) if:
12 (A) the school corporation, charter school, or accredited
13 nonpublic school receives a grant match of fifty percent (50%)
14 of the requested grant amount; and
15 (B) the board approves the grant request.
16 (c) (e) A school corporation, or charter school, or accredited
17 nonpublic school may receive only one (1) matching grant under this
18 section each year.
19 (d) (f) The board may not award a grant to a school corporation, or
20 charter school, or accredited nonpublic school under this chapter
21 section unless the school corporation, or charter school, or accredited
22 nonpublic school is in a county that has a county school safety
23 commission, as described in IC 5-2-10.1-10.
24 SECTION 3. IC 12-17.2-3.8-5, AS ADDED BY P.L.2-2014,
25 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 APRIL 1, 2022]: Sec. 5. (a) The early learning advisory committee is
27 established to do the following:
28 (1) Establish child developmental and educational goals for
29 Indiana's early learning system, including the development of
30 standards and objectives for early education programs that
31 receive state or federal funds.
32 (2) Design and maintain an approach to measuring progress
33 toward the goals established under subdivision (1) that
34 include objective measures of academic quality.
35 (3) Assess the attainment of the goals established under
36 subdivision (1) and evaluate the efficacy of state and federal
37 spending on Indiana's early learning system.
38 (4) Assess whether the requirements for early education
39 program licensure:
40 (A) create an equitable standard for health and safety
41 across all early education program types;
42 (B) reinforce the goals established under subdivision (1);
2022	IN 1093—LS 6958/DI 110 6
1 and
2 (C) support the sustainability of Indiana's early learning
3 system.
4 (1) (5) Conduct periodic statewide needs assessments concerning
5 the quality and availability of early education programs for
6 children from birth to the age of school entry, including the
7 availability of high quality prekindergarten education for low
8 income children in Indiana.
9 (2) (6) Identify opportunities for, and barriers to, collaboration
10 and coordination among federally and state funded child
11 development, child care, and early childhood education programs
12 and services, including governmental agencies that administer the
13 programs and services.
14 (7) Design early education workforce strategies, including
15 recommendations on how to advance professional
16 development.
17 (3) (8) Assess the capacity and effectiveness of two (2) and four
18 (4) year public and private higher education institutions in Indiana
19 for the pathways to support of development training and
20 recruitment of early educators. including:
21 (A) professional development and career advancement plans;
22 and
23 (B) practice or internships with Head Start or prekindergarten
24 programs.
25 (4) Other duties as determined necessary by the chairperson of the
26 committee.
27 (5) (9) Not later than June November 30 of each year, develop
28 and make recommendations to the governor and, in an electronic
29 format under IC 5-14-6, to the legislative council concerning the
30 results of the committee's work under subdivisions (1) through
31 (4). (8).
32 (b) The committee consists of six (6) the following eleven (11)
33 members: appointed by the governor as follows:
34 (1) A representative of the department The secretary of
35 education or the secretary's designee.
36 (2) A representative of the division.
37 (2) The secretary of family and social services or the
38 secretary's designee.
39 (3) Seven (7) members appointed by the governor as follows:
40 (A) A representative of an organization with an interest in
41 training the early childhood education workforce.
42 (3) (B) A representative of a Head Start program under 42
2022	IN 1093—LS 6958/DI 110 7
1 U.S.C. 9831 et seq.
2 (4) (C) A representative of a family advocacy group that
3 member of the general public who has an interest in early
4 childhood education.
5 (5) (D) A representative of an early childhood education
6 provider.
7 (E) A representative from a school corporation who has an
8 interest in strengthening the transition from early
9 childhood education to elementary education.
10 (6) (F) A representative of business with an interest in early
11 childhood education.
12 (G) A representative of the nonprofit or philanthropic
13 community with an interest in early childhood education.
14 (4) One (1) member who:
15 (A) is appointed by the speaker of the house of
16 representatives;
17 (B) is not a member of the general assembly; and
18 (C) shall serve as a nonvoting member.
19 (5) One (1) member who:
20 (A) is appointed by the president pro tempore of the
21 senate;
22 (B) is not a member of the general assembly; and
23 (C) shall serve as a nonvoting member.
24 (c) Subject to section 5.1 of this chapter, members appointed
25 under subsection (b)(3) through (b)(5) serve for three (3) year
26 terms. The members of the committee serve at the pleasure of the
27 appointing authority.
28 (c) (d) The governor shall appoint the a member of the committee
29 to serve as chairperson of the committee. The committee shall meet
30 at least six (6) times each calendar year at the call of the
31 chairperson.
32 (d) (e) The division shall, in consultation with the department of
33 education, staff the committee.
34 (e) (f) The expenses of the committee shall be paid from the funds
35 of the division.
36 (f) (g) Each member of the committee who is not a state employee
37 is entitled to the minimum salary per diem provided by
38 IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
39 traveling expenses as provided under IC 4-13-1-4 and other expenses
40 actually incurred in connection with the member's duties as provided
41 in the state policies and procedures established by the Indiana
42 department of administration and approved by the budget agency.
2022	IN 1093—LS 6958/DI 110 8
1 (g) (h) Each member of the committee who is a state employee but
2 who is not a member of the general assembly is entitled to
3 reimbursement for traveling expenses as provided under IC 4-13-1-4
4 and other expenses actually incurred in connection with the member's
5 duties as provided in the state policies and procedures established by
6 the Indiana department of administration and approved by the budget
7 agency.
8 (h) (i) Each member of the committee who is a member of the
9 general assembly is entitled to receive the same per diem, mileage, and
10 travel allowances paid to legislative members of interim study
11 committees established by the legislative council. Per diem, mileage,
12 and travel allowances paid under this section shall be paid from
13 appropriations made to the legislative council or the legislative services
14 agency.
15 (i) (j) The affirmative votes of a majority of the voting members
16 appointed to the committee are required for the committee to take
17 action on any measure, including final reports.
18 SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE APRIL 1, 2022]: Sec. 5.1. (a) As used in this section,
21 "committee" refers to the early learning advisory committee
22 established by section 5 of this chapter.
23 (b) The term of a member who was appointed to the committee
24 before April 1, 2022, expires on April 1, 2022.
25 (c) Not later than June 30, 2022, the applicable appointing
26 authorities shall appoint members to the committee in accordance
27 with section 5 of this chapter.
28 (d) The initial appointment shall begin not later than July 1,
29 2022.
30 (e) This section expires January 1, 2026.
31 SECTION 5. IC 20-19-3-15, AS ADDED BY P.L.223-2015,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 15. (a) This section does not apply to a school
34 promotional item that has minimal monetary value.
35 (b) As used in this section, "participating entity" has the
36 meaning set forth in IC 20-51.4-2-6.
37 (b) (c) As used in this section, "school" means any of the following:
38 (1) A school corporation.
39 (2) A charter school, including a conversion charter school or a
40 virtual charter school.
41 (3) A nonpublic school that has any students enrolled who receive
42 a choice scholarship under IC 20-51-4.
2022	IN 1093—LS 6958/DI 110 9
1 (c) (d) A school, a participating entity, an employee of a school
2 or a participating entity, or a member or representative of an
3 association affiliated with a school employee organization (as
4 defined in IC 20-29-2-14) may not offer or give, as an enrollment
5 incentive to enroll, reenroll, or continue attending a school, any item
6 that has monetary value, including cash or a gift card, that may be used
7 at a retail store, grocery store, online store, or other commercial
8 enterprise, to:
9 (1) a student or prospective student (or the parent of a student or
10 prospective student) in exchange for enrolling, reenrolling, or
11 incentivizing continued attendance of the student or
12 prospective student at the school; or
13 (2) any person in exchange for referring a prospective student to
14 the school.
15 SECTION 6. IC 20-24-2.1-2, AS AMENDED BY P.L.250-2017,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 2. The charter board shall establish a process to:
18 (1) review a proposal to establish a charter school under
19 IC 20-24-3-4;
20 (2) make a decision on the proposal as required under
21 IC 20-24-3-9;
22 (3) monitor charter schools authorized by the charter board; and
23 (4) make decisions on the renewal, nonrenewal, and revocation of
24 charters granted by the charter board.
25 SECTION 7. IC 20-24-2.1-3 IS REPEALED [EFFECTIVE JULY
26 1, 2022]. Sec. 3. The department shall provide staff to carry out the
27 duties of the charter board under this chapter until the time when the
28 charter board begins receiving administrative fees pursuant to
29 IC 20-24-7-4(e). At that time, the charter board may hire staff to carry
30 out the duties of the charter board under this chapter.
31 SECTION 8. IC 20-24-2.1-3.5 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The charter board shall
34 appoint an executive director to carry out the duties and daily
35 operations of the charter board. The executive director may be
36 removed by the charter board for just cause.
37 (b) The executive director's duties include the following:
38 (1) To carry out the duties and responsibilities of the charter
39 board under this chapter.
40 (2) To hire staff as necessary to ensure efficient and effective
41 operation of the charter board.
42 (3) To pay the reasonable and necessary traveling and other
2022	IN 1093—LS 6958/DI 110 10
1 expenses of an employee, a member, or an agent of the charter
2 board.
3 (4) To request from any public agency the assistance, services,
4 and data that will enable the charter board to properly carry
5 out the charter board's functions and powers.
6 (c) The executive director has financial and signatory powers
7 necessary to ensure efficient and effective charter board
8 operations. In addition, the charter board may authorize the
9 executive director to carry out any or all of the charter board's
10 powers under section 2 of this chapter unless otherwise prohibited
11 by law.
12 SECTION 9. IC 20-24-2.1-4, AS ADDED BY P.L.91-2011,
13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 4. (a) Funding for the charter board consists of
15 administrative fees collected under IC 20-24-7-4.
16 (b) The Indiana charter school board fund is established for the
17 purpose of funding the charter board.
18 (c) The fund consists of administrative fees collected under
19 IC 20-24-7-4.
20 (d) The charter board shall administer the fund.
21 (e) Money in the fund at the end of a state fiscal year does not
22 revert to the state general fund but remains available to be used for
23 the purposes of this chapter.
24 (f) Money in the fund is appropriated continuously for the
25 purposes of this chapter.
26 SECTION 10. IC 20-26-18.2-1, AS AMENDED BY P.L.30-2014,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 1. (a) As used in this chapter, "school resource
29 officer" means an individual who:
30 (1) has completed the training described in subsection (b);
31 (2) is assigned to one (1) or more school corporations or charter
32 schools during school hours to:
33 (A) assist the school safety specialist with the development
34 and implementation of the school safety plan as provided in
35 section 2 of this chapter; and
36 (B) carry out any additional responsibilities assigned to the
37 school resource officer under the employment engagement,
38 contract, or memorandum of understanding and to provide
39 law enforcement services to:
40 (i) protect against outside threats to the physical safety of
41 students;
42 (ii) prevent unauthorized access to school property; and
2022	IN 1093—LS 6958/DI 110 11
1 (iii) secure schools against violence and natural disasters;
2 and
3 (3) is:
4 (A) employed by a law enforcement agency;
5 (B) appointed as a police reserve officer (as described in
6 IC 36-8-3-20) or as a special deputy (as described in
7 IC 36-8-10-10.6) if the police reserve officer or special deputy:
8 (i) is subject to the direction of the sheriff or appointing law
9 enforcement agency;
10 (ii) is required to obey the rules and orders of the sheriff's
11 department or appointing law enforcement agency;
12 (iii) is required to complete all training required of regular
13 full-time law enforcement officers employed by the sheriff's
14 department or appointing law enforcement agency; and
15 (iv) may be removed by the sheriff or appointing law
16 enforcement agency at any time, with or without cause; or
17 (C) a school corporation police officer appointed under
18 IC 20-26-16-3.
19 (b) Before being appointed as a school resource officer, an
20 individual must have
21 (1) successfully completed the minimum training requirements
22 established for law enforcement officers under IC 5-2-1-9. and
23 (2) received
24 (c) The individual appointed as a school resource officer must
25 receive at least forty (40) hours of school resource officer training
26 through:
27 (A) (1) the Indiana law enforcement training board established by
28 IC 5-2-1-3;
29 (B) (2) the National Association of School Resource Officers; or
30 (C) (3) another school resource officer training program approved
31 by the Indiana law enforcement training board;
32 within one hundred eighty (180) days from the date the individual
33 is initially assigned the duties of a school resource officer.
34 However, if the current ADM of a school corporation is less than
35 one thousand (1,000) students, the individual shall complete the
36 school resource officer training within three hundred sixty-five
37 (365) days of the date the individual is initially assigned the duties
38 of a school resource officer.
39 (c) (d) Training described in subsection (b)(2) (c) must include
40 instruction regarding skills, tactics, and strategies necessary to address
41 the special nature of:
42 (1) school campuses; and
2022	IN 1093—LS 6958/DI 110 12
1 (2) school building security needs and characteristics.
2 SECTION 11. IC 20-26-18.2-2, AS AMENDED BY P.L.272-2019,
3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 2. (a) A school resource officer may be employed:
5 (1) by one (1) or more school corporations or charter schools
6 through a contract between a local law enforcement agency and
7 the school corporation or school corporations or the charter school
8 or charter schools;
9 (2) by one (1) or more school corporations or charter schools;
10 (3) by a local law enforcement agency that assigns the school
11 resource officer to one (1) or more school corporations or charter
12 schools through a memorandum of understanding between the
13 local law enforcement agency and the school corporation or
14 school corporations or the charter school or charter schools; or
15 (4) through a contract between an Indiana business that employs
16 persons who meet the qualifications of a school resource officer
17 and the school corporation or school corporations or the charter
18 school or charter schools.
19 (b) A contract or After June 30, 2023, if a school corporation or
20 charter school enters into a contract for a school resource officer,
21 the school corporation or charter school must enter into a
22 memorandum of understanding with the law enforcement agency
23 that employs or appointed the individual who will perform the
24 duties of a school resource officer. The memorandum of
25 understanding entered into under subsection (a) must state the nature
26 and scope of a school resource officer's duties and responsibilities. A
27 school resource officer's duties and responsibilities include the duty to
28 assist the school corporation's school safety specialist with the
29 development and implementation of a school safety plan that does the
30 following:
31 (1) Protects against outside threats to the physical safety of
32 students.
33 (2) Prevents unauthorized access to school property.
34 (3) Secures schools against violence and natural disasters.
35 (4) On or before July 1, 2020, identifies the location of bleeding
36 control kits (as defined in IC 20-34-3-24(a)).
37 (c) A school resource officer shall consult with local law
38 enforcement officials and first responders when assisting the school
39 corporation's school safety specialist in the development of the school
40 safety plan.
41 (d) A school resource officer shall participate in the development of
42 programs designed to identify, assess, and provide assistance to
2022	IN 1093—LS 6958/DI 110 13
1 troubled youth.
2 (e) A school resource officer may not be reassigned to other duties
3 by the school corporation.
4 SECTION 12. IC 20-28-5-18, AS AMENDED BY P.L.92-2020,
5 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 18. (a) This section applies to an individual who:
7 (1) holds a valid teaching license issued by another state
8 (excluding a teaching license equivalent to an Indiana temporary
9 or emergency teaching license) in the same content area or areas
10 for which the individual is applying for a license in Indiana; and
11 (2) was required to pass a content licensure test to obtain the
12 license described in subdivision (1).
13 (b) Notwithstanding sections 3 and 12 of this chapter, the
14 department shall grant one (1) of the following licenses to an individual
15 described in subsection (a):
16 (1) If the individual has less than three (3) two (2) years of
17 full-time teaching experience, an initial practitioner's license.
18 (2) If the individual has at least three (3) two (2) years of full-time
19 teaching experience, a practitioner's license.
20 (3) If the individual has a master's degree from a regionally
21 accredited institution and at least two (2) years of full-time
22 teaching experience, an accomplished practitioner's license.
23 (c) An individual who is granted a license under this section shall
24 comply with the training or certification requirements prescribed by the
25 state board under IC 20-28-5.5-1(b).
26 SECTION 13. IC 20-30-2-4, AS ADDED BY P.L.1-2005,
27 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), if a school
29 corporation fails to conduct the minimum number of student
30 instructional days during a school year as required under section 3 of
31 this chapter, the department shall reduce the August tuition support
32 distribution to that school corporation for a school year by an amount
33 determined as follows:
34 STEP ONE: Determine the remainder of:
35 (A) the amount of the total tuition support allocated to the
36 school corporation for the particular school year; minus
37 (B) that part of the total tuition support allocated to the school
38 corporation for that school year with respect to student
39 instructional days one hundred seventy-six (176) through one
40 hundred eighty (180).
41 STEP TWO: Subtract the number of student instructional days
42 that the school corporation conducted from one hundred eighty
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1 (180).
2 STEP THREE: Determine the lesser of five (5) or the remainder
3 determined under STEP TWO.
4 STEP FOUR: Divide the amount subtracted under STEP ONE (B)
5 by five (5).
6 STEP FIVE: Multiply the quotient determined under STEP FOUR
7 by the number determined under STEP THREE.
8 STEP SIX: Subtract the number determined under STEP THREE
9 from the remainder determined under STEP TWO.
10 STEP SEVEN: Divide the remainder determined under STEP
11 ONE by one hundred seventy-five (175).
12 STEP EIGHT: Multiply the quotient determined under STEP
13 SEVEN by the remainder determined under STEP SIX.
14 STEP NINE: Add the product determined under STEP FIVE to
15 the product determined under STEP EIGHT.
16 (b) If fewer than all of the schools in a school corporation fail to
17 conduct the minimum number of student instructional days during
18 a school year as required under section 3 of this chapter, the
19 reduction in August tuition support required by this section shall
20 take into account only the schools in the school corporation that
21 failed to conduct the minimum number of student instructional
22 days and only the grades for which the required number of student
23 instructional days was not conducted.
24 SECTION 14. IC 20-32-5.1-12, AS ADDED BY P.L.242-2017,
25 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 12. (a) The department shall establish policies and
27 procedures that foster, to the extent possible, the scoring of student
28 responses of an open ended writing assessment on a statewide
29 assessment by Indiana teachers. The teacher may not grade student
30 responses of students who are enrolled in the same school corporation,
31 charter school, state accredited nonpublic school, or eligible school (as
32 defined in IC 20-51-1-4.7) in which the teacher is currently employed.
33 (b) The scoring of student responses under a statewide assessment:
34 (1) must adhere to scoring rubrics and anchor papers;
35 (2) must measure student achievement relative to the academic
36 standards established by the state board; and
37 (3) may not reflect the scorer's judgment of the values expressed
38 by a student in the student's responses.
39 (c) The department, in consultation with the technical advisory
40 committee established by the state board, shall conduct a study to
41 analyze and determine the reliability of machine scoring student
42 responses to items on the statewide assessment. After conducting
2022	IN 1093—LS 6958/DI 110 15
1 the study, the department may, if recommended by the technical
2 advisory committee, utilize machine scoring for purposes of
3 scoring student responses to items on the statewide assessment.
4 SECTION 15. IC 20-40-2-6, AS AMENDED BY P.L.161-2019,
5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 6. (a) Each school corporation shall make every
7 reasonable effort to transfer not more than fifteen percent (15%) of the
8 total revenue deposited in the school corporation's education fund from
9 the school corporation's education fund to the school corporation's
10 operations fund during a calendar year.
11 (b) Only after the transfer is authorized by the governing body in a
12 public meeting with public notice, money in the education fund may be
13 transferred to the operations fund to cover expenditures that are not
14 allocated to student instruction and learning under IC 20-42.5. The
15 amount transferred from the education fund to the operations fund shall
16 be reported by the school corporation to the department. The transfers
17 made during the:
18 (1) first six (6) months of each state fiscal year shall be reported
19 before January 31 of the following year; and
20 (2) last six (6) months of each state fiscal year shall be reported
21 before July 31 of that year.
22 (c) The report must include information as required by the
23 department and in the form required by the department.
24 (d) The department must post the report submitted under subsection
25 (b) on the department's Internet web site.
26 (e) Beginning in 2020, the department shall track for each school
27 corporation transfers from the school corporation's education fund to
28 its operations fund for the preceding six (6) month period. Beginning
29 in 2021, before February March 1 of each year, the department shall
30 compile an excessive education fund transfer list comprised of all
31 school corporations that transferred more than fifteen percent (15%) of
32 the total revenue deposited in the school corporation's education fund
33 from the school corporation's education fund to the school corporation's
34 operations fund during the immediately preceding calendar year. A
35 school corporation that is not included on the excessive education fund
36 transfer list is considered to have met the education fund transfer target
37 percentage for the immediately preceding calendar year.
38 SECTION 16. IC 20-40-2-9, AS ADDED BY P.L.161-2019,
39 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 9. (a) For each school corporation included on the
41 excessive education fund transfer list required under section 6 of this
42 chapter, the department shall, not later than March April 1 of each
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1 year, submit in both a written and an electronic format a notice to the
2 school corporation's superintendent, school business officer, and
3 governing body that the school corporation did not meet its education
4 fund transfer target percentage for the previous calendar year.
5 (b) If a school corporation's governing body receives a notice from
6 the department under subsection (a), the school corporation shall do all
7 of the following:
8 (1) Publicly acknowledge receipt of the excessive education fund
9 transfer list notice from the department at the governing body's
10 next public meeting.
11 (2) Enter into the governing body's official minutes for that
12 meeting acknowledgment of the notice.
13 (3) Publish on the school corporation's Internet web site the
14 department's notice and any relevant individual reports prepared
15 by the department within thirty (30) days after the public meeting.
16 SECTION 17. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
17 The definitions in IC 20 apply throughout this SECTION.
18 (b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
19 board shall assign to a school or school corporation a "null" or "no
20 letter grade" for the 2021-2022 school year. However, the most
21 recent results of the school's ILEARN assessment must be included
22 on the school's Internet web site.
23 (c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
24 board shall assign an adult high school a "null" or "no letter
25 grade" category for the 2021-2022 school year.
26 (d) This SECTION expires January 1, 2025.
27 SECTION 18. An emergency is declared for this act.
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