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 2022 IN 1093—LS 6958/DI 110 14 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 2022 IN 1093—LS 6958/DI 110 16 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. 2022 IN 1093—LS 6958/DI 110