LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington, Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6958 NOTE PREPARED: Jan 1, 2022
BILL NUMBER: HB 1093 BILL AMENDED:
SUBJECT: Education Matters.
FIRST AUTHOR: Rep. Behning BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Early Learning Advisory Committee: This bill amends the membership and duties
of the Early Learning Advisory Committee.
School Resource Officers: This bill makes changes to the definition of "school resource officer". It also
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.
Enrollment Incentives: This bill 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.
Charter School Board Fund: This bill requires the Indiana Charter School Board to appoint an Executive
Director to carry out the duties and daily operations of the board. It establishes the Executive Director's
duties. It provides that the board shall establish certain processes. It establishes the Indiana Charter School
Board Fund and provides that money in the fund is appropriated continuously for purposes of the board. It
also repeals a provision concerning staffing of the board.
Department of Education Changes: This bill provides that the Department of Education (DOE) may grant
an accomplished practitioner's license under certain conditions. It provides that the instructional days tuition
support distribution formula account for certain schools within a school corporation. It authorizes the DOE
to study and, if recommended, use machine scoring. It also changes the DOE's review period for certain
HB 1093 1 funds.
School Letter Grades: This bill 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 Date: July 1, 2021 (retroactive); April 1, 2022; July 1, 2022.
Explanation of State Expenditures: Department of Education Changes: This bill modifies the calculation
for determining the amount of a tuition support reduction issued to a school corporation for failing to conduct
the minimum number of student instructional days during a school year. This change to calculating the tuition
support reduction will lower the amount of tuition support that is reduced from a school corporation under
this provision. Funds allocated to tuition support but not provided to schools will revert back to the state
General Fund; however, any such reduction in reversions to the General Fund is expected to be minimal as
only two schools in the past five school years have failed to meet the required number of student instructional
days.
The DOE and the Advisory Committee on Career and Technical Education must conduct a study regarding
the use of machine scoring for the statewide assessment. This requirement is within the advisory committee's
routine administrative functions and should be able to be implemented with no additional appropriations,
assuming near customary staffing and resource levels.
This bill modifies the criteria for the DOE in conferring specific teaching licenses. It also provides the DOE
more time in compiling the Excessive Education Fund Transfer List each year, and more time to issue notices
to the schools on the list.
The various requirements of this bill add new duties to the DOE while also allowing the DOE more time to
complete existing duties. Overall, these requirements are within the DOE's routine administrative functions
and should be able to be implemented with no additional appropriations, assuming near customary agency
staffing and resource levels.
Early Learning Advisory Committee: Regarding the Early Learning Advisory Committee, this bill modifies
the:
•committee’s duties;
•due date of the committee’s annual recommendations;
•terms of committee members; and
•membership of the committee.
The committee’s membership is expanded from 6 members to 11 members, of which at least 2 must be state
employees, 7 are appointed by the Governor, 1 is appointed by the Speaker of the House of Representatives,
and 1 is appointed by the President Pro Tempore of the Senate. Committee members are entitled to per diem,
travel, and other expenses as prescribed in the bill. The Family and Social Services Administration (FSSA)
must pay these costs for each committee meeting for all members who are not members of the General
Assembly (members who are also members of the General Assembly will be paid from the Legislative
Council or the Legislative Services Agency). This bill requires the committee to hold at least 6 meetings per
calendar year.
The term of any committee members appointed before April 1, 2022 expires on April 1, 2022. The
Governor’s office, Speaker, and President Pro Tempore must appoint new members by July 1, 2022.
HB 1093 2 Also, the DOE must provide the FSSA with consultation services regarding staffing the committee.
These requirements are within the routine administrative functions of the FSSA, the DOE, the Governor, and
the IGA, and should be able to be implemented with no additional appropriations, assuming near customary
agency staffing and resource levels.
Charter School Board Fund: This bill establishes the Indiana Charter School Board Fund to fund the Indiana
Charter School Board. The fund is administered by the board and consists of administrative fees already
received by the board under current law. The fund does not revert to the state General Fund. This bill also
requires the board to appoint an Executive Director and prescribes the Executive Director’s duties.
These requirements are within the board’s routine administrative functions and should be able to be
implemented with no additional appropriations, assuming near customary agency staffing and resource levels.
Additional Information:
Department of Education Changes: Current law requires that the amount of tuition support deducted from
a school corporation is based on a formula that takes into account the full tuition support provided to the
school corporation, regardless of how many schools within the school corporation failed to meet the required
number of student instructional days. This bill changes the tuition support reduction amount to be calculated
based on only the school(s) in the school corporation that actually failed to meet the minimum number of
student instructional days, and only for the grade(s) which the required number of days was not conducted.
The advisory committee is chaired by the Secretary of Education and includes four Career and Technical
Education directors. This bill permits, if the DOE and advisory committee recommend doing so, the
utilization of machine scoring on the statewide assessment.
School Letter Grades: This bill requires the State Board of Education to assign schools, school corporations,
and adult high schools an accountability grade of "null" or "no letter grade" for the 2021-2022 school year
and requires that the most recent ILEARN assessment results be included on a school’s website. School
accountability grades have been held harmless since the 2018-2019 school year.
Explanation of State Revenues:
Explanation of Local Expenditures: School Resource Officers: Starting in FY 2024, if a school corporation
or charter school enters into a contract with a local law enforcement agency for a school resource officer,
the school must also enter into a Memorandum of Understanding (MOU) with the local law enforcement
agency, as prescribed in this bill. Current law allows a school to enter into either a contract or an MOU, but
it does not require both. This bill’s requirement is within the routine administrative functions of school
corporations, charter schools, and local law enforcement agencies and should be able to be implemented with
no additional appropriations, assuming near customary staffing and resource levels. Any impact resulting
from this requirement will depend on local action.
Additional Information:
School Resource Officers: This bill allows a school resource officer to receive their 40 hours of required
training within a specific amount of days after the officer is initially assigned to their duties. (Current law
mandates the 40 hours of required training to be completed before the officer may be assigned to their
HB 1093 3 duties.) This bill also modifies the definition of school resource officer to mean an individual that provides
law enforcement services during school hours, as described in the bill.
Explanation of Local Revenues: Department of Education Changes: This bill modifies the calculation for
determining the amount of a tuition support reduction issued to a school corporation for failing to conduct
the minimum number of student instructional days during a school year. This change to calculating the tuition
support reduction will lower the amount of tuition support that is reduced from a school corporation under
this provision. The amount of any such reduction issued to a school will depend on how many grades within
a school failed to meet the minimum number of student instructional days.
State Agencies Affected: Governor’s Office; General Assembly; Department of Education; State Board of
Education; Family and Social Services Administration.
Local Agencies Affected: School corporations; Charter schools; Local law enforcement agencies.
Information Sources: Department of Education data.
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1093 4