*EH1093.3*
Reprinted
March 1, 2022
ENGROSSED
HOUSE BILL No. 1093
_____
DIGEST OF HB 1093 (Updated February 28, 2022 2:43 pm - DI 120)
Citations Affected: IC 10-21; IC 12-17.2; IC 20-19; IC 20-24;
IC 20-26; IC 20-28; IC 20-30; IC 20-32; IC 20-40; IC 20-43; noncode.
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
(Continued next page)
Effective: July 1, 2021 (retroactive); April 1, 2022; July 1, 2022.
Behning, Davis, Pfaff, Klinker
(SENATE SPONSORS — RAATZ, BUCHANAN)
January 4, 2022, read first time and referred to Committee on Education.
January 10, 2022, amended, reported — Do Pass.
January 13, 2022, read second time, amended, ordered engrossed.
January 14, 2022, engrossed.
January 18, 2022, read third time, passed. Yeas 91, nays 0.
SENATE ACTION
February 2, 2022, read first time and referred to Committee on Education and Career
Development.
February 17, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 24, 2022, amended, reported favorably — Do Pass.
February 28, 2022, read second time, amended, ordered engrossed.
EH 1093—LS 6958/DI 110 Digest Continued
school corporation or charter school enters into a contract for a school
resource officer, certain school corporations or charter schools must
enter into a memorandum of understanding with the law enforcement
agency that employs or appointed the law enforcement officer 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. Provides that, after a school receives statewide
assessment score reports, a teacher of a student shall discuss the
student's statewide assessment results with a parent at the next
parent/teacher conference or, if the school does not hold parent/teacher
conferences, send a notice to a parent of the student offering to meet
with the parent to discuss the results. Provides that the department of
education may include in a contract entered into or renewed after June
30, 2022, with a statewide assessment vendor a requirement that the
vendor provide a summary of a student's statewide assessment results
that meets certain requirements. Requires the department to include in
a contract entered into or renewed after June 30, 2022, with a statewide
assessment vendor a requirement that the vendor provide a summary
of a student's statewide assessment results that meets certain
requirements. Provides that, if the total amount of state tuition support
that a school corporation receives or will receive during a school year
decreases under the student instructional day reduction of tuition
support provision by an amount that is equal to or more than $250,000
from the amount the school corporation would otherwise be eligible to
receive during the school year, the budget committee shall review the
amount of and the reason for the decrease before the implementation
of the decrease. Provides that, if an adjustment by the state board of
education (state board) of the count of enrolled eligible pupils for one
or more school corporations would increase or decrease the total
distribution of state tuition support in an amount that is equal to or
more than $250,000, the adjustment must be reviewed by the budget
committee before the state board may adjust the enrollment count.
Provides that, if the state board determines that extreme patterns of
certain conditions on the count day or the subsequent adjustment date
cause the enrollment to be unrepresentative of the enrollment of one or
more school corporations by a count of eligible pupils that would
increase or decrease the total distribution of state tuition support in an
amount that is equal to or more than $250,000 as a result of changing
the count day, the state board may designate another day for
determining the enrollment of the one or more school corporations after
review by the budget committee. (Current law allows the state board to
designate another day for determining a school corporation's
enrollment if the state board determines that extreme patterns of certain
conditions on the count day or the subsequent adjustment date cause
the enrollment to be unrepresentative of the school corporation's
enrollment.) 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.
EH 1093—LS 6958/DI 110EH 1093—LS 6958/DI 110 Reprinted
March 1, 2022
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.
ENGROSSED
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
EH 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)
EH 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
EH 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
EH 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);
EH 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 thirteen (13)
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
EH 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 (6) One (1) member who:
25 (A) is appointed by the minority leader of the house of
26 representatives;
27 (B) is not a member of the general assembly; and
28 (C) shall serve as a nonvoting member.
29 (7) One (1) member who:
30 (A) is appointed by the minority leader of the senate;
31 (B) is not a member of the general assembly; and
32 (C) shall serve as a nonvoting member.
33 (c) Subject to section 5.1 of this chapter, members appointed
34 under subsection (b)(3) through (b)(7) serve for three (3) year
35 terms. The members of the committee serve at the pleasure of the
36 appointing authority.
37 (c) (d) The governor shall appoint the a member of the committee
38 to serve as chairperson of the committee. The committee shall meet
39 at least six (6) times each calendar year at the call of the
40 chairperson.
41 (d) (e) The division shall, in consultation with the department of
42 education, staff the committee.
EH 1093—LS 6958/DI 110 8
1 (e) (f) The expenses of the committee shall be paid from the funds
2 of the division.
3 (f) (g) Each member of the committee who is not a state employee
4 is entitled to the minimum salary per diem provided by
5 IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
6 traveling expenses as provided under IC 4-13-1-4 and other expenses
7 actually incurred in connection with the member's duties as provided
8 in the state policies and procedures established by the Indiana
9 department of administration and approved by the budget agency.
10 (g) (h) Each member of the committee who is a state employee but
11 who is not a member of the general assembly is entitled to
12 reimbursement for traveling expenses as provided under IC 4-13-1-4
13 and other expenses actually incurred in connection with the member's
14 duties as provided in the state policies and procedures established by
15 the Indiana department of administration and approved by the budget
16 agency.
17 (h) (i) Each member of the committee who is a member of the
18 general assembly is entitled to receive the same per diem, mileage, and
19 travel allowances paid to legislative members of interim study
20 committees established by the legislative council. Per diem, mileage,
21 and travel allowances paid under this section shall be paid from
22 appropriations made to the legislative council or the legislative services
23 agency.
24 (i) (j) The affirmative votes of a majority of the voting members
25 appointed to the committee are required for the committee to take
26 action on any measure, including final reports.
27 SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE APRIL 1, 2022]: Sec. 5.1. (a) As used in this section,
30 "committee" refers to the early learning advisory committee
31 established by section 5 of this chapter.
32 (b) The term of a member who was appointed to the committee
33 before April 1, 2022, expires on April 1, 2022.
34 (c) Not later than June 30, 2022, the applicable appointing
35 authorities shall appoint members to the committee in accordance
36 with section 5 of this chapter.
37 (d) The initial appointments by the governor described in
38 section 5(b)(3) of this chapter shall begin not later than July 1,
39 2022, and the initial terms of the members initially appointed
40 under section 5(b)(3) of this chapter are as follows:
41 (1) The members appointed under section 5(b)(3)(A),
42 5(b)(3)(C), 5(b)(3)(D), and 5(b)(3)(G) of this chapter shall
EH 1093—LS 6958/DI 110 9
1 serve an initial term of two (2) years.
2 (2) The members appointed under section 5(b)(3)(B),
3 5(b)(3)(E), and 5(b)(3)(F) of this chapter shall serve an initial
4 term of three (3) years.
5 (e) This section expires January 1, 2026.
6 SECTION 5. IC 20-19-3-15, AS ADDED BY P.L.223-2015,
7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 15. (a) This section does not apply to a school
9 promotional item that has minimal monetary value.
10 (b) As used in this section, "participating entity" has the
11 meaning set forth in IC 20-51.4-2-6.
12 (b) (c) As used in this section, "school" means any of the following:
13 (1) A school corporation.
14 (2) A charter school, including a conversion charter school or a
15 virtual charter school.
16 (3) A nonpublic school that has any students enrolled who receive
17 a choice scholarship under IC 20-51-4.
18 (c) (d) A school, a participating entity, an employee of a school
19 or a participating entity, or a member or representative of an
20 association affiliated with a school employee organization (as
21 defined in IC 20-29-2-14) may not offer or give, as an enrollment
22 incentive to enroll, reenroll, or continue attending a school, any item
23 that has monetary value, including cash or a gift card, that may be used
24 at a retail store, grocery store, online store, or other commercial
25 enterprise, to:
26 (1) a student or prospective student (or the parent of a student or
27 prospective student) in exchange for enrolling, reenrolling, or
28 incentivizing continued attendance of the student or
29 prospective student at the school; or
30 (2) any person in exchange for referring a prospective student to
31 the school.
32 SECTION 6. IC 20-24-2.1-2, AS AMENDED BY P.L.250-2017,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 2. The charter board shall establish a process to:
35 (1) review a proposal to establish a charter school under
36 IC 20-24-3-4;
37 (2) make a decision on the proposal as required under
38 IC 20-24-3-9;
39 (3) monitor charter schools authorized by the charter board; and
40 (4) make decisions on the renewal, nonrenewal, and revocation of
41 charters granted by the charter board.
42 SECTION 7. IC 20-24-2.1-3 IS REPEALED [EFFECTIVE JULY
EH 1093—LS 6958/DI 110 10
1 1, 2022]. Sec. 3. The department shall provide staff to carry out the
2 duties of the charter board under this chapter until the time when the
3 charter board begins receiving administrative fees pursuant to
4 IC 20-24-7-4(e). At that time, the charter board may hire staff to carry
5 out the duties of the charter board under this chapter.
6 SECTION 8. IC 20-24-2.1-3.5 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The charter board shall
9 appoint an executive director to carry out the duties and daily
10 operations of the charter board. The executive director may be
11 removed by the charter board for just cause.
12 (b) The executive director's duties include the following:
13 (1) To carry out the duties and responsibilities of the charter
14 board under this chapter.
15 (2) To hire staff as necessary to ensure efficient and effective
16 operation of the charter board.
17 (3) To pay the reasonable and necessary traveling and other
18 expenses of an employee, a member, or an agent of the charter
19 board.
20 (4) To request from any public agency the assistance, services,
21 and data that will enable the charter board to properly carry
22 out the charter board's functions and powers.
23 (c) The executive director has financial and signatory powers
24 necessary to ensure efficient and effective charter board
25 operations. In addition, the charter board may authorize the
26 executive director to carry out any or all of the charter board's
27 powers under section 2 of this chapter unless otherwise prohibited
28 by law.
29 SECTION 9. IC 20-24-2.1-4, AS ADDED BY P.L.91-2011,
30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 4. (a) Funding for the charter board consists of
32 administrative fees collected under IC 20-24-7-4.
33 (b) The Indiana charter school board fund is established for the
34 purpose of funding the charter board.
35 (c) The fund consists of administrative fees collected under
36 IC 20-24-7-4.
37 (d) The charter board shall administer the fund.
38 (e) Money in the fund at the end of a state fiscal year does not
39 revert to the state general fund but remains available to be used for
40 the purposes of this chapter.
41 (f) Money in the fund is appropriated continuously for the
42 purposes of this chapter.
EH 1093—LS 6958/DI 110 11
1 SECTION 10. IC 20-26-18.2-1, AS AMENDED BY P.L.30-2014,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. (a) As used in this chapter, "school resource
4 officer" means an individual a law enforcement officer who:
5 (1) has completed the training described in subsection (b);
6 (2) is assigned to one (1) or more school corporations or charter
7 schools during school hours to:
8 (A) assist the school safety specialist with the development
9 and implementation of the school safety plan as provided in
10 section 2 of this chapter; and
11 (B) carry out any additional responsibilities assigned to the
12 school resource officer under the employment engagement,
13 contract, or memorandum of understanding and to provide
14 law enforcement services to:
15 (i) protect against outside threats to the physical safety of
16 students;
17 (ii) prevent unauthorized access to school property; and
18 (iii) secure schools against violence and natural disasters;
19 and
20 (3) is:
21 (A) employed by a law enforcement agency;
22 (B) appointed as a police reserve officer (as described in
23 IC 36-8-3-20) or as a special deputy (as described in
24 IC 36-8-10-10.6) if the police reserve officer or special deputy:
25 (i) is subject to the direction of the sheriff or appointing law
26 enforcement agency;
27 (ii) is required to obey the rules and orders of the sheriff's
28 department or appointing law enforcement agency;
29 (iii) is required to complete all training required of regular
30 full-time law enforcement officers employed by the sheriff's
31 department or appointing law enforcement agency; and
32 (iv) may be removed by the sheriff or appointing law
33 enforcement agency at any time, with or without cause; or
34 (C) a school corporation police officer appointed under
35 IC 20-26-16-3.
36 The term does not include a law enforcement officer who is
37 assigned to a school to provide security outside a school building
38 for protection from outside threats, traffic duty, or other duties not
39 consistent with the duties of a school resource officer.
40 (b) Before being appointed as a school resource officer, an
41 individual must have
42 (1) successfully completed the minimum training requirements
EH 1093—LS 6958/DI 110 12
1 established for law enforcement officers under IC 5-2-1-9. and
2 (2) received
3 (c) The law enforcement officer appointed as a school resource
4 officer must receive at least forty (40) hours of school resource officer
5 training through:
6 (A) (1) the Indiana law enforcement training board established by
7 IC 5-2-1-3;
8 (B) (2) the National Association of School Resource Officers; or
9 (C) (3) another school resource officer training program approved
10 by the Indiana law enforcement training board;
11 within one hundred eighty (180) days from the date the individual
12 is initially assigned the duties of a school resource officer.
13 However, if the current ADM of a school corporation is less than
14 one thousand (1,000) students, the individual shall complete the
15 school resource officer training within three hundred sixty-five
16 (365) days of the date the individual is initially assigned the duties
17 of a school resource officer.
18 (c) (d) Training described in subsection (b)(2) (c) must include
19 instruction regarding skills, tactics, and strategies necessary to address
20 the special nature of:
21 (1) school campuses; and
22 (2) school building security needs and characteristics.
23 SECTION 11. IC 20-26-18.2-2, AS AMENDED BY P.L.272-2019,
24 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 2. (a) A school resource officer may be employed:
26 (1) by one (1) or more school corporations or charter schools
27 through a contract between a local law enforcement agency and
28 the school corporation or school corporations or the charter school
29 or charter schools;
30 (2) by one (1) or more school corporations or charter schools;
31 (3) by a local law enforcement agency that assigns the school
32 resource officer to one (1) or more school corporations or charter
33 schools through a memorandum of understanding between the
34 local law enforcement agency and the school corporation or
35 school corporations or the charter school or charter schools; or
36 (4) through a contract between an Indiana business that employs
37 persons who meet the qualifications of a school resource officer
38 and the school corporation or school corporations or the charter
39 school or charter schools.
40 (b) A contract or This subsection does not apply to a school
41 corporation that only has full-time school resource officers who are
42 either employees of the school corporation's school police
EH 1093—LS 6958/DI 110 13
1 department or are employees of the school corporation who have
2 successfully completed the law enforcement basic training
3 requirements described in IC 5-2-1-9(d). After June 30, 2023, if a
4 school corporation or charter school enters into a contract for a
5 school resource officer, the school corporation or charter school
6 must enter into a memorandum of understanding with the law
7 enforcement agency that employs or appointed the law
8 enforcement officer who will perform the duties of a school
9 resource officer. The memorandum of understanding entered into
10 under subsection (a) must state the nature and scope of a school
11 resource officer's duties and responsibilities. A school resource officer's
12 duties and responsibilities include the duty to assist the school
13 corporation's school safety specialist with the development and
14 implementation of a school safety plan that does the following:
15 (1) Protects against outside threats to the physical safety of
16 students.
17 (2) Prevents unauthorized access to school property.
18 (3) Secures schools against violence and natural disasters.
19 (4) On or before July 1, 2020, identifies the location of bleeding
20 control kits (as defined in IC 20-34-3-24(a)).
21 (c) A school resource officer shall consult with local law
22 enforcement officials and first responders when assisting the school
23 corporation's school safety specialist in the development of the school
24 safety plan.
25 (d) A school resource officer shall participate in the development of
26 programs designed to identify, assess, and provide assistance to
27 troubled youth.
28 (e) A school resource officer may not be reassigned to other duties
29 by the school corporation.
30 SECTION 12. IC 20-28-5-18, AS AMENDED BY P.L.92-2020,
31 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 18. (a) This section applies to an individual who:
33 (1) holds a valid teaching license issued by another state
34 (excluding a teaching license equivalent to an Indiana temporary
35 or emergency teaching license) in the same content area or areas
36 for which the individual is applying for a license in Indiana; and
37 (2) was required to pass a content licensure test to obtain the
38 license described in subdivision (1).
39 (b) Notwithstanding sections 3 and 12 of this chapter, the
40 department shall grant one (1) of the following licenses to an individual
41 described in subsection (a):
42 (1) If the individual has less than three (3) two (2) years of
EH 1093—LS 6958/DI 110 14
1 full-time teaching experience, an initial practitioner's license.
2 (2) If the individual has at least three (3) two (2) years of full-time
3 teaching experience, a practitioner's license.
4 (3) If the individual has a master's degree from a regionally
5 accredited institution and at least two (2) years of full-time
6 teaching experience, an accomplished practitioner's license.
7 (c) An individual who is granted a license under this section shall
8 comply with the training or certification requirements prescribed by the
9 state board under IC 20-28-5.5-1(b).
10 SECTION 13. IC 20-30-2-4, AS ADDED BY P.L.1-2005,
11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), if a school
13 corporation fails to conduct the minimum number of student
14 instructional days during a school year as required under section 3 of
15 this chapter, the department shall reduce the August tuition support
16 distribution to that school corporation for a school year by an amount
17 determined as follows:
18 STEP ONE: Determine the remainder of:
19 (A) the amount of the total tuition support allocated to the
20 school corporation for the particular school year; minus
21 (B) that part of the total tuition support allocated to the school
22 corporation for that school year with respect to student
23 instructional days one hundred seventy-six (176) through one
24 hundred eighty (180).
25 STEP TWO: Subtract the number of student instructional days
26 that the school corporation conducted from one hundred eighty
27 (180).
28 STEP THREE: Determine the lesser of five (5) or the remainder
29 determined under STEP TWO.
30 STEP FOUR: Divide the amount subtracted under STEP ONE (B)
31 by five (5).
32 STEP FIVE: Multiply the quotient determined under STEP FOUR
33 by the number determined under STEP THREE.
34 STEP SIX: Subtract the number determined under STEP THREE
35 from the remainder determined under STEP TWO.
36 STEP SEVEN: Divide the remainder determined under STEP
37 ONE by one hundred seventy-five (175).
38 STEP EIGHT: Multiply the quotient determined under STEP
39 SEVEN by the remainder determined under STEP SIX.
40 STEP NINE: Add the product determined under STEP FIVE to
41 the product determined under STEP EIGHT.
42 (b) If fewer than all of the schools in a school corporation fail to
EH 1093—LS 6958/DI 110 15
1 conduct the minimum number of student instructional days during
2 a school year as required under section 3 of this chapter, the
3 reduction in August tuition support required by this section shall
4 take into account only the schools in the school corporation that
5 failed to conduct the minimum number of student instructional
6 days and only the grades for which the required number of student
7 instructional days was not conducted.
8 (c) If the total amount of state tuition support that a school
9 corporation receives or will receive during a school year decreases
10 under this section by an amount that is equal to or more than two
11 hundred fifty thousand dollars ($250,000) from the amount the
12 school corporation would otherwise be eligible to receive during
13 the school year as determined under IC 20-43, the budget
14 committee shall review the amount of and the reason for the
15 decrease before implementation of the decrease.
16 SECTION 14. IC 20-32-5.1-12, AS ADDED BY P.L.242-2017,
17 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 12. (a) The department shall establish policies and
19 procedures that foster, to the extent possible, the scoring of student
20 responses of an open ended writing assessment on a statewide
21 assessment by Indiana teachers. The teacher may not grade student
22 responses of students who are enrolled in the same school corporation,
23 charter school, state accredited nonpublic school, or eligible school (as
24 defined in IC 20-51-1-4.7) in which the teacher is currently employed.
25 (b) The scoring of student responses under a statewide assessment:
26 (1) must adhere to scoring rubrics and anchor papers;
27 (2) must measure student achievement relative to the academic
28 standards established by the state board; and
29 (3) may not reflect the scorer's judgment of the values expressed
30 by a student in the student's responses.
31 (c) The department, in consultation with the technical advisory
32 committee established by the state board, shall conduct a study to
33 analyze and determine the reliability of machine scoring student
34 responses to items on the statewide assessment. After conducting
35 the study, the department may, if recommended by the technical
36 advisory committee, utilize machine scoring for purposes of
37 scoring student responses to items on the statewide assessment.
38 SECTION 15. IC 20-32-5.1-13, AS ADDED BY P.L.242-2017,
39 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 13. (a) The proficiency of students under a
41 statewide assessment must be reported to the state board not later than:
42 (1) for the 2018-2019 school year, August 15, 2019; and
EH 1093—LS 6958/DI 110 16
1 (2) for each school year beginning after June 30, 2019, July 1 of
2 the year in which the statewide assessment is administered.
3 (b) Reports of student scores on the statewide assessment must be:
4 (1) returned to the school corporation, charter school, state
5 accredited nonpublic school, or eligible school (as defined in
6 IC 20-51-1-4.7) that administered the test; and
7 (2) accompanied by a guide for interpreting scores.
8 (c) Subject to approval by the state board, reports of student results
9 on computer scored items under a statewide assessment may be
10 returned to schools regardless of whether the hand scored items are
11 returned.
12 (d) After reports of final student scores on the statewide assessment
13 are returned to a school corporation, charter school, state accredited
14 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7), the
15 school corporation or school shall promptly do the following:
16 (1) Give each student and the student's parent the student's
17 statewide assessment test scores, including (if applicable) the
18 summary described in section 14.5 of this chapter.
19 (2) Make available for inspection to each student and the student's
20 parent the following:
21 (A) A copy of the student's scored responses.
22 (B) A copy of the anchor papers and scoring rubrics used to
23 score the student's responses.
24 A student's parent or the student's principal may request a rescoring of
25 a student's responses to a statewide assessment, including a student's
26 essay. A student's final score on a rescored statewide assessment must
27 reflect the student's actual score on the rescored statewide assessment
28 regardless of whether the student's score decreased or improved on the
29 rescored assessment.
30 (e) The department shall develop criteria to provide a student's
31 parent the opportunity to inspect questions in a manner that will not
32 compromise the validity or integrity of a statewide assessment.
33 (f) A student's statewide assessment scores may not be disclosed to
34 the public.
35 (g) The department may not release less than ten (10) items per
36 subject matter per grade level. The state board and department shall:
37 (1) post:
38 (A) the questions; and
39 (B) with the permission of each student's parent, student
40 answers that are exemplary responses to the released
41 questions;
42 on the Internet web sites of the state board and department; and
EH 1093—LS 6958/DI 110 17
1 (2) publicize the availability of the questions and answers to
2 schools, educators, and the public.
3 A student answer posted under this subsection may not identify the
4 student who provided the answer.
5 SECTION 16. IC 20-32-5.1-14, AS ADDED BY P.L.242-2017,
6 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 14. (a) After a school receives statewide
8 assessment score reports, the school shall offer a parent/teacher
9 conference to discuss a student's statewide assessment results with the
10 following:
11 (1) A parent of a student who requests a parent/teacher
12 conference on the statewide assessment scores of the student.
13 (2) The parent of each student who does not receive a passing
14 score on the test.
15 a teacher who currently teaches a student shall discuss with a
16 parent of the student the student's statewide assessment results at
17 the next parent/teacher conference if the parent participates in the
18 parent/teacher conference. If a school does not hold parent/teacher
19 conferences, a teacher who currently teaches a student shall send
20 a notice to a parent of the student offering to meet with the parent
21 to discuss the student's statewide assessment results and, upon the
22 parent's request, meet with the parent.
23 (b) The department shall provide enrichment resources to parents
24 and students to provide assistance to students in subject matter
25 included in the student's most recently completed statewide assessment.
26 SECTION 17. IC 20-32-5.1-14.5 IS ADDED TO THE INDIANA
27 CODE AS A NEW SECTION TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2022]: Sec. 14.5. For a contract entered into
29 or renewed after June 30, 2022, with a vendor to conduct the
30 statewide assessment, the department may include in the contract
31 a requirement that the vendor provide a summary of a student's
32 statewide assessment results that:
33 (1) is in an easy to read, understandable format for parents;
34 and
35 (2) includes information regarding how the student's
36 statewide assessment results compare to statewide assessment
37 results of other students in the same grade level in Indiana.
38 SECTION 18. IC 20-40-2-6, AS AMENDED BY P.L.161-2019,
39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 6. (a) Each school corporation shall make every
41 reasonable effort to transfer not more than fifteen percent (15%) of the
42 total revenue deposited in the school corporation's education fund from
EH 1093—LS 6958/DI 110 18
1 the school corporation's education fund to the school corporation's
2 operations fund during a calendar year.
3 (b) Only after the transfer is authorized by the governing body in a
4 public meeting with public notice, money in the education fund may be
5 transferred to the operations fund to cover expenditures that are not
6 allocated to student instruction and learning under IC 20-42.5. The
7 amount transferred from the education fund to the operations fund shall
8 be reported by the school corporation to the department. The transfers
9 made during the:
10 (1) first six (6) months of each state fiscal year shall be reported
11 before January 31 of the following year; and
12 (2) last six (6) months of each state fiscal year shall be reported
13 before July 31 of that year.
14 (c) The report must include information as required by the
15 department and in the form required by the department.
16 (d) The department must post the report submitted under subsection
17 (b) on the department's Internet web site.
18 (e) Beginning in 2020, the department shall track for each school
19 corporation transfers from the school corporation's education fund to
20 its operations fund for the preceding six (6) month period. Beginning
21 in 2021, before February March 1 of each year, the department shall
22 compile an excessive education fund transfer list comprised of all
23 school corporations that transferred more than fifteen percent (15%) of
24 the total revenue deposited in the school corporation's education fund
25 from the school corporation's education fund to the school corporation's
26 operations fund during the immediately preceding calendar year. A
27 school corporation that is not included on the excessive education fund
28 transfer list is considered to have met the education fund transfer target
29 percentage for the immediately preceding calendar year.
30 SECTION 19. IC 20-40-2-9, AS ADDED BY P.L.161-2019,
31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 9. (a) For each school corporation included on the
33 excessive education fund transfer list required under section 6 of this
34 chapter, the department shall, not later than March April 1 of each
35 year, submit in both a written and an electronic format a notice to the
36 school corporation's superintendent, school business officer, and
37 governing body that the school corporation did not meet its education
38 fund transfer target percentage for the previous calendar year.
39 (b) If a school corporation's governing body receives a notice from
40 the department under subsection (a), the school corporation shall do all
41 of the following:
42 (1) Publicly acknowledge receipt of the excessive education fund
EH 1093—LS 6958/DI 110 19
1 transfer list notice from the department at the governing body's
2 next public meeting.
3 (2) Enter into the governing body's official minutes for that
4 meeting acknowledgment of the notice.
5 (3) Publish on the school corporation's Internet web site the
6 department's notice and any relevant individual reports prepared
7 by the department within thirty (30) days after the public meeting.
8 SECTION 20. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
9 SECTION 212, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
11 distributions under this article that are computed in any part based on
12 a count of students under IC 20-43-4-2.
13 (b) If the state board subsequently adjusts under IC 20-43-4-2
14 IC 20-43-4-3.5 a count used for a distribution under this article, the
15 department shall adjust subsequent distributions to the school
16 corporation that are affected by the adjusted count, on the schedule
17 determined by the department, to reflect the differences between the
18 distribution that the school corporation received and the distribution
19 that the school corporation would have received if the adjusted count
20 had been used.
21 SECTION 21. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
22 SECTION 162, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
24 chapter, a school corporation's ADM is the number of eligible pupils
25 enrolled in:
26 (1) the school corporation; or
27 (2) a transferee corporation;
28 on the day fixed in September by the state board for a fall count of
29 students under section 3 of this chapter and, if applicable, as
30 subsequently adjusted not later than the date specified under the rules
31 adopted by the state board. The state board may adjust the school's
32 count of eligible pupils if the state board determines that the count is
33 unrepresentative of the school corporation's enrollment. In addition, a
34 school corporation may petition the state board to make an adjusted
35 count of students enrolled in the school corporation if the corporation
36 has reason to believe that the count is unrepresentative of the school
37 corporation's enrollment. In addition, under section 3.5 of this
38 chapter.
39 (b) Subject to section 3.7 of this chapter, a school corporation
40 shall determine the number of eligible pupils enrolled in:
41 (1) the school corporation; or
42 (2) a transferee corporation;
EH 1093—LS 6958/DI 110 20
1 on the day fixed in February by the state board for a spring count of
2 students under section 3 of this chapter and, if applicable, as
3 subsequently adjusted under this chapter or under rules adopted by the
4 state board. section 3.5 of this chapter.
5 (b) (c) Each school corporation shall, before April 1 of each year,
6 provide to the department an estimate of the school corporation's ADM
7 that will result from the count of eligible pupils in the following
8 September. The department may update and adjust the estimate as
9 determined appropriate by the department. In each odd-numbered year,
10 the department shall provide the updated and adjusted estimate of the
11 school corporation's ADM to the legislative services agency before
12 April 10 of that year.
13 (c) (d) A new charter school shall submit an enrollment estimate to
14 the department before April 1 of the year the new charter school will
15 be open for enrollment. The department shall use the new charter
16 school's enrollment estimate as the basis for the new charter school's
17 distribution beginning in July and until actual ADM is available,
18 subject to section 9 of this chapter. However, if the new charter school's
19 enrollment estimate is greater than eighty percent (80%) of the new
20 charter school's authorized enrollment cap, the department may use that
21 enrollment estimate if the department has requested and reviewed other
22 enrollment data that support that enrollment estimate. However, if the
23 enrollment data requested and reviewed by the department does not
24 support the enrollment estimate submitted by the new charter school,
25 the department shall determine the estimated ADM based on the
26 enrollment data requested and reviewed by the department. In each
27 odd-numbered year, the department shall provide the new charter
28 school's estimated ADM to the legislative services agency before April
29 10 of that year.
30 SECTION 22. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
31 SECTION 222, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
33 section 3.7 of this chapter, the state board shall make an ADM count
34 of the eligible pupils enrolled in each school corporation two (2) times
35 each school year, with one (1) count date occurring in each of the
36 following periods:
37 (1) The fall count of ADM shall be made on a day during
38 September fixed by the state board.
39 (2) The spring count of ADM shall be made on a day during
40 February fixed by the state board.
41 (b) However, if extreme patterns of:
42 (1) student in-migration;
EH 1093—LS 6958/DI 110 21
1 (2) illness;
2 (3) natural disaster; or
3 (4) other unusual conditions in a particular school corporation's
4 enrollment;
5 on either a count day fixed by the state board or the subsequent
6 adjustment date cause the enrollment to be unrepresentative of the
7 school corporation's enrollment, the state board may designate another
8 day for determining the school corporation's enrollment.
9 SECTION 23. IC 20-43-4-3.5 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The state board may
12 adjust an enrollment count of eligible pupils of one (1) or more
13 school corporations under this section not later than a date
14 established under the rules adopted by the state board.
15 (b) If the state board determines that an enrollment count of
16 eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
17 or more school corporations is unrepresentative by a count that
18 would increase or decrease the total distribution of state tuition
19 support in an amount that is less than two hundred fifty thousand
20 dollars ($250,000), the state board may adjust the enrollment count
21 for the one (1) or more school corporations.
22 (c) If the state board determines that an enrollment count of
23 eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
24 or more school corporations is unrepresentative by a count that
25 would increase or decrease the total distribution of state tuition
26 support in an amount that is equal to or more than two hundred
27 fifty thousand dollars ($250,000), the state board may adjust the
28 enrollment count for the one (1) or more school corporations after
29 review by the budget committee.
30 (d) A school corporation may petition the state board to make
31 an adjusted count of eligible pupils enrolled in the school
32 corporation if the school corporation has reason to believe that the
33 count is unrepresentative of the school corporation's enrollment.
34 SECTION 24. IC 20-43-4-3.7 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2022]: Sec. 3.7. (a) This section applies if the
37 state board determines that extreme patterns of:
38 (1) student in-migration;
39 (2) illness;
40 (3) natural disaster; or
41 (4) other unusual conditions in a particular school
42 corporation's enrollment;
EH 1093—LS 6958/DI 110 22
1 on the count day established under section 3 of this chapter or the
2 subsequent adjustment date established under section 3.5 of this
3 chapter cause the enrollment count of eligible pupils to be
4 unrepresentative of the enrollment of one (1) or more school
5 corporations.
6 (b) If the state board determines that the:
7 (1) count day or subsequent adjustment date is
8 unrepresentative of the enrollment of one (1) or more school
9 corporations as described in subsection (a); and
10 (2) enrollment count of the one (1) or more school
11 corporations described in subdivision (1) would be
12 unrepresentative by a count that would increase or decrease
13 the total distribution of state tuition support in an amount
14 that is less than two hundred fifty thousand dollars ($250,000)
15 as a result of changing the count day;
16 the state board may designate another day for determining the
17 enrollment of the one (1) or more school corporations.
18 (c) If the state board determines that the:
19 (1) count day or subsequent adjustment date is
20 unrepresentative of the enrollment of one (1) or more school
21 corporations as described in subsection (a); and
22 (2) enrollment count of the one (1) or more school
23 corporations described in subdivision (1) would be
24 unrepresentative by a count that would increase or decrease
25 the total distribution of state tuition support in an amount
26 that is equal to or more than two hundred fifty thousand
27 dollars ($250,000) as a result of changing the count day;
28 the state board may designate another day for determining the
29 enrollment of the one (1) or more school corporations after review
30 by the budget committee.
31 SECTION 25. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
32 SECTION 224, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
34 (c), this subsection applies to the calculation of state tuition support
35 distributions that are based on the current ADM of a school
36 corporation. The fall count of ADM, as adjusted by the state board
37 under section 2 3.5 of this chapter, shall be used to compute state
38 tuition support distributions made in the first six (6) months of the
39 current state fiscal year, and the spring count of ADM, as adjusted by
40 the state board under section 2 3.5 of this chapter, shall be used to
41 compute state tuition support distributions made in the second six (6)
42 months of the state fiscal year.
EH 1093—LS 6958/DI 110 23
1 (b) This subsection applies to a school corporation that does not
2 provide the estimates required by section 2(b) 2(c) of this chapter
3 before the deadline. For monthly state tuition support distributions
4 made before the count of ADM is finalized, the department shall
5 determine the distribution amount for such a school corporation for a
6 state fiscal year of the biennium, using data that were used by the
7 general assembly in determining the state tuition support appropriation
8 for the budget act for that state fiscal year. The department may adjust
9 the data used under this subsection for errors.
10 (c) If the state board adjusts a count of ADM after a distribution is
11 made under this article, the adjusted count retroactively applies to the
12 amount of state tuition support distributed to a school corporation
13 affected by the adjusted count. The department shall settle any
14 overpayment or underpayment of state tuition support resulting from
15 an adjusted count of ADM on the schedule determined by the
16 department and approved by the budget agency.
17 SECTION 26. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
18 The definitions in IC 20 apply throughout this SECTION.
19 (b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
20 board shall assign to a school or school corporation a "null" or "no
21 letter grade" for the 2021-2022 school year. However, the most
22 recent results of the school's ILEARN assessment must be included
23 on the school's Internet web site.
24 (c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
25 board shall assign an adult high school a "null" or "no letter
26 grade" category for the 2021-2022 school year.
27 (d) This SECTION expires January 1, 2025.
28 SECTION 27. An emergency is declared for this act.
EH 1093—LS 6958/DI 110 24
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1093, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 6, line 32, delete "eleven (11)" and insert "thirteen (13)".
Page 7, between lines 23 and 24, begin a new line block indented
and insert:
"(6) One (1) member who:
(A) is appointed by the minority leader of the house of
representatives;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(7) One (1) member who:
(A) is appointed by the minority leader of the senate;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.".
Page 7, line 25, delete "(b)(5)" and insert "(b)(7)".
Page 8, delete lines 18 through 30, begin a new paragraph and
insert:
"SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2022]: Sec. 5.1. (a) As used in this section,
"committee" refers to the early learning advisory committee
established by section 5 of this chapter.
(b) The term of a member who was appointed to the committee
before April 1, 2022, expires on April 1, 2022.
(c) Not later than June 30, 2022, the applicable appointing
authorities shall appoint members to the committee in accordance
with section 5 of this chapter.
(d) The initial appointments by the governor described in
section 5(b)(3) of this chapter shall begin not later than July 1,
2022, and the initial terms of the members initially appointed
under section 5(b)(3) of this chapter are as follows:
(1) The members appointed under section 5(b)(3)(A),
5(b)(3)(C), 5(b)(3)(D), and 5(b)(3)(G) of this chapter shall
serve an initial term of two (2) years.
(2) The members appointed under section 5(b)(3)(B),
5(b)(3)(E), and 5(b)(3)(F) of this chapter shall serve an initial
term of three (3) years.
(e) This section expires January 1, 2026.".
Page 10, line 29, strike "an individual" and insert "a law
EH 1093—LS 6958/DI 110 25
enforcement officer".
Page 11, line 24, delete "The individual" and insert "The law
enforcement officer".
Page 12, line 23, delete "individual" and insert "law enforcement
officer".
and when so amended that said bill do pass.
(Reference is to HB 1093 as introduced.)
BEHNING
Committee Vote: yeas 13, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1093 be amended to read as
follows:
Page 12, line 36, delete "After" and insert "This subsection does
not apply to a school corporation that only has full-time school
resource officers who are either employees of the school
corporation's school police department or are employees of the
school corporation who have successfully completed the law
enforcement basic training requirements described in
IC 5-2-1-9(d). After".
(Reference is to HB 1093 as printed January 10, 2022.)
BEHNING
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred House Bill No. 1093, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 9, between lines 31 and 32, begin a new paragraph and insert:
"(e) Curricular materials and educational services are not
EH 1093—LS 6958/DI 110 26
enrollment incentives under this section.".
Page 11, between lines 35 and 36, begin a new line blocked left and
insert:
"The term does not include a law enforcement officer who is
assigned to a school to provide security outside a school building
for protection from outside threats, traffic duty, or other duties not
consistent with the duties of a school resource officer.".
Page 15, between lines 25 and 26, begin a new paragraph and insert:
"SECTION 15. IC 20-32-5.1-13, AS ADDED BY P.L.242-2017,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) The proficiency of students under a
statewide assessment must be reported to the state board not later than:
(1) for the 2018-2019 school year, August 15, 2019; and
(2) for each school year beginning after June 30, 2019, July 1 of
the year in which the statewide assessment is administered.
(b) Reports of student scores on the statewide assessment must be:
(1) returned to the school corporation, charter school, state
accredited nonpublic school, or eligible school (as defined in
IC 20-51-1-4.7) that administered the test; and
(2) accompanied by a guide for interpreting scores.
(c) Subject to approval by the state board, reports of student results
on computer scored items under a statewide assessment may be
returned to schools regardless of whether the hand scored items are
returned.
(d) After reports of final student scores on the statewide assessment
are returned to a school corporation, charter school, state accredited
nonpublic school, or eligible school (as defined in IC 20-51-1-4.7), the
school corporation or school shall promptly do the following:
(1) Give each student and the student's parent the student's
statewide assessment test scores, including the summary
described in section 14.5 of this chapter.
(2) Make available for inspection to each student and the student's
parent the following:
(A) A copy of the student's scored responses.
(B) A copy of the anchor papers and scoring rubrics used to
score the student's responses.
A student's parent or the student's principal may request a rescoring of
a student's responses to a statewide assessment, including a student's
essay. A student's final score on a rescored statewide assessment must
reflect the student's actual score on the rescored statewide assessment
regardless of whether the student's score decreased or improved on the
rescored assessment.
EH 1093—LS 6958/DI 110 27
(e) The department shall develop criteria to provide a student's
parent the opportunity to inspect questions in a manner that will not
compromise the validity or integrity of a statewide assessment.
(f) A student's statewide assessment scores may not be disclosed to
the public.
(g) The department may not release less than ten (10) items per
subject matter per grade level. The state board and department shall:
(1) post:
(A) the questions; and
(B) with the permission of each student's parent, student
answers that are exemplary responses to the released
questions;
on the Internet web sites of the state board and department; and
(2) publicize the availability of the questions and answers to
schools, educators, and the public.
A student answer posted under this subsection may not identify the
student who provided the answer.
SECTION 16. IC 20-32-5.1-14, AS ADDED BY P.L.242-2017,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 14. (a) After a school receives statewide
assessment score reports, the school shall offer a parent/teacher
conference to discuss a student's statewide assessment results with the
following:
(1) A parent of a student who requests a parent/teacher
conference on the statewide assessment scores of the student.
(2) The parent of each student who does not receive a passing
score on the test.
a teacher who currently teaches a student shall discuss with a
parent of the student the student's statewide assessment results at
the next parent/teacher conference. If a school does not hold
parent/teacher conferences, a teacher who currently teaches a
student shall send a notice to a parent of the student offering to
meet with the parent to discuss the student's statewide assessment
results and, upon the parent's request, meet with the parent.
(b) The department shall provide enrichment resources to parents
and students to provide assistance to students in subject matter
included in the student's most recently completed statewide assessment.
SECTION 17. IC 20-32-5.1-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 14.5. For a contract entered into
or renewed after June 30, 2022, with a vendor to conduct the
statewide assessment, the department shall include in the contract
EH 1093—LS 6958/DI 110 28
a requirement that the vendor provide a summary of a student's
statewide assessment results that:
(1) is in an easy to read, understandable format for parents;
and
(2) includes information regarding how the student's
statewide assessment results compare to statewide assessment
results of other students in the same grade level in Indiana.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1093 as reprinted January 14, 2022.)
RAATZ, Chairperson
Committee Vote: Yeas 10, Nays 1.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred House Bill No. 1093, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 15, between lines 9 and 10, begin a new paragraph and insert:
"(c) If the total amount of state tuition support that a school
corporation receives or will receive during a school year decreases
under this section by an amount that is equal to or more than two
hundred fifty thousand dollars ($250,000) from the amount the
school corporation would otherwise be eligible to receive during
the school year as determined under IC 20-43, the budget
committee shall review the amount of and the reason for the
decrease before implementation of the decrease.".
Page 16, line 11, after "including" insert "(if applicable)".
Page 17, line 23, delete "shall" and insert "may".
Page 18, after line 42, begin a new paragraph and insert:
"SECTION 20. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
SECTION 212, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
distributions under this article that are computed in any part based on
a count of students under IC 20-43-4-2.
(b) If the state board subsequently adjusts under IC 20-43-4-2
EH 1093—LS 6958/DI 110 29
IC 20-43-4-3.5 a count used for a distribution under this article, the
department shall adjust subsequent distributions to the school
corporation that are affected by the adjusted count, on the schedule
determined by the department, to reflect the differences between the
distribution that the school corporation received and the distribution
that the school corporation would have received if the adjusted count
had been used.
SECTION 21. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
chapter, a school corporation's ADM is the number of eligible pupils
enrolled in:
(1) the school corporation; or
(2) a transferee corporation;
on the day fixed in September by the state board for a fall count of
students under section 3 of this chapter and, if applicable, as
subsequently adjusted not later than the date specified under the rules
adopted by the state board. The state board may adjust the school's
count of eligible pupils if the state board determines that the count is
unrepresentative of the school corporation's enrollment. In addition, a
school corporation may petition the state board to make an adjusted
count of students enrolled in the school corporation if the corporation
has reason to believe that the count is unrepresentative of the school
corporation's enrollment. In addition, under section 3.5 of this
chapter.
(b) Subject to section 3.7 of this chapter, a school corporation
shall determine the number of eligible pupils enrolled in:
(1) the school corporation; or
(2) a transferee corporation;
on the day fixed in February by the state board for a spring count of
students under section 3 of this chapter and, if applicable, as
subsequently adjusted under this chapter or under rules adopted by the
state board. section 3.5 of this chapter.
(b) (c) Each school corporation shall, before April 1 of each year,
provide to the department an estimate of the school corporation's ADM
that will result from the count of eligible pupils in the following
September. The department may update and adjust the estimate as
determined appropriate by the department. In each odd-numbered year,
the department shall provide the updated and adjusted estimate of the
school corporation's ADM to the legislative services agency before
April 10 of that year.
(c) (d) A new charter school shall submit an enrollment estimate to
EH 1093—LS 6958/DI 110 30
the department before April 1 of the year the new charter school will
be open for enrollment. The department shall use the new charter
school's enrollment estimate as the basis for the new charter school's
distribution beginning in July and until actual ADM is available,
subject to section 9 of this chapter. However, if the new charter school's
enrollment estimate is greater than eighty percent (80%) of the new
charter school's authorized enrollment cap, the department may use that
enrollment estimate if the department has requested and reviewed other
enrollment data that support that enrollment estimate. However, if the
enrollment data requested and reviewed by the department does not
support the enrollment estimate submitted by the new charter school,
the department shall determine the estimated ADM based on the
enrollment data requested and reviewed by the department. In each
odd-numbered year, the department shall provide the new charter
school's estimated ADM to the legislative services agency before April
10 of that year.
SECTION 22. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
SECTION 222, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
section 3.7 of this chapter, the state board shall make an ADM count
of the eligible pupils enrolled in each school corporation two (2) times
each school year, with one (1) count date occurring in each of the
following periods:
(1) The fall count of ADM shall be made on a day during
September fixed by the state board.
(2) The spring count of ADM shall be made on a day during
February fixed by the state board.
(b) However, if extreme patterns of:
(1) student in-migration;
(2) illness;
(3) natural disaster; or
(4) other unusual conditions in a particular school corporation's
enrollment;
on either a count day fixed by the state board or the subsequent
adjustment date cause the enrollment to be unrepresentative of the
school corporation's enrollment, the state board may designate another
day for determining the school corporation's enrollment.
SECTION 23. IC 20-43-4-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The state board may
adjust an enrollment count of eligible pupils of one (1) or more
school corporations under this section not later than a date
EH 1093—LS 6958/DI 110 31
established under the rules adopted by the state board.
(b) If the state board determines that an enrollment count of
eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
or more school corporations is unrepresentative by a count that
would increase or decrease the total distribution of state tuition
support in an amount that is less than two hundred fifty thousand
dollars ($250,000), the state board may adjust the enrollment count
for the one (1) or more school corporations.
(c) If the state board determines that an enrollment count of
eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
or more school corporations is unrepresentative by a count that
would increase or decrease the total distribution of state tuition
support in an amount that is equal to or more than two hundred
fifty thousand dollars ($250,000), the state board may adjust the
enrollment count for the one (1) or more school corporations after
review by the budget committee.
(d) A school corporation may petition the state board to make
an adjusted count of eligible pupils enrolled in the school
corporation if the school corporation has reason to believe that the
count is unrepresentative of the school corporation's enrollment.
SECTION 24. IC 20-43-4-3.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3.7. (a) This section applies if the
state board determines that extreme patterns of:
(1) student in-migration;
(2) illness;
(3) natural disaster; or
(4) other unusual conditions in a particular school
corporation's enrollment;
on the count day established under section 3 of this chapter or the
subsequent adjustment date established under section 3.5 of this
chapter cause the enrollment count of eligible pupils to be
unrepresentative of the enrollment of one (1) or more school
corporations.
(b) If the state board determines that the:
(1) count day or subsequent adjustment date is
unrepresentative of the enrollment of one (1) or more school
corporations as described in subsection (a); and
(2) enrollment count of the one (1) or more school
corporations described in subdivision (1) would be
unrepresentative by a count that would increase or decrease
the total distribution of state tuition support in an amount
EH 1093—LS 6958/DI 110 32
that is less than two hundred fifty thousand dollars ($250,000)
as a result of changing the count day;
the state board may designate another day for determining the
enrollment of the one (1) or more school corporations.
(c) If the state board determines that the:
(1) count day or subsequent adjustment date is
unrepresentative of the enrollment of one (1) or more school
corporations as described in subsection (a); and
(2) enrollment count of the one (1) or more school
corporations described in subdivision (1) would be
unrepresentative by a count that would increase or decrease
the total distribution of state tuition support in an amount
that is equal to or more than two hundred fifty thousand
dollars ($250,000) as a result of changing the count day;
the state board may designate another day for determining the
enrollment of the one (1) or more school corporations after review
by the budget committee.
SECTION 25. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
SECTION 224, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
(c), this subsection applies to the calculation of state tuition support
distributions that are based on the current ADM of a school
corporation. The fall count of ADM, as adjusted by the state board
under section 2 3.5 of this chapter, shall be used to compute state
tuition support distributions made in the first six (6) months of the
current state fiscal year, and the spring count of ADM, as adjusted by
the state board under section 2 3.5 of this chapter, shall be used to
compute state tuition support distributions made in the second six (6)
months of the state fiscal year.
(b) This subsection applies to a school corporation that does not
provide the estimates required by section 2(b) 2(c) of this chapter
before the deadline. For monthly state tuition support distributions
made before the count of ADM is finalized, the department shall
determine the distribution amount for such a school corporation for a
state fiscal year of the biennium, using data that were used by the
general assembly in determining the state tuition support appropriation
for the budget act for that state fiscal year. The department may adjust
the data used under this subsection for errors.
(c) If the state board adjusts a count of ADM after a distribution is
made under this article, the adjusted count retroactively applies to the
amount of state tuition support distributed to a school corporation
affected by the adjusted count. The department shall settle any
EH 1093—LS 6958/DI 110 33
overpayment or underpayment of state tuition support resulting from
an adjusted count of ADM on the schedule determined by the
department and approved by the budget agency.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to EHB 1093 as printed February 18, 2022.)
MISHLER, Chairperson
Committee Vote: Yeas 8, Nays 4.
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1093 be
amended to read as follows:
Page 9, delete lines 32 through 33.
Page 17, line 19, delete "." and insert "if the parent participates in
the parent/teacher conference.".
(Reference is to EHB 1093 as printed February 25, 2022.)
RAATZ
EH 1093—LS 6958/DI 110