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: Feb 24, 2022
BILL NUMBER: HB 1093 BILL AMENDED: Feb 24, 2022
SUBJECT: Education Matters.
FIRST AUTHOR: Rep. Behning BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Sen. Raatz
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) 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, 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.
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. It also provides that curricular materials and educational services are not considered
enrollment incentives.
Charter School Board Fund: This bill requires the Indiana Charter School Board (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
HB 1093 1 to study and, if recommended, use machine scoring. It also changes the DOE’s review period for certain
funds.
Statewide Assessment: This bill 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. It also provides that the DOE 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.
Budget Committee Review: This bill 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. It
provides that, if an adjustment by the State Board of Education (SBOE) 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 SBOE may adjust the enrollment count. It also provides that, if the SBOE 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 SBOE 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 SBOE to designate another day for determining a school corporation's enrollment
if the SBOE 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.)
School Letter Grades: This bill also provides that the SBOE 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.
HB 1093 2 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 13 members, of which at least 2 must be state
employees, 7 are appointed by the Governor, and 1 is appointed by each of the following: the Speaker of the
House, the President Pro Tempore of the Senate, the House Minority Leader, and the Senate Minority
Leader. 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, President Pro Tempore, House Minority Leader, and Senate Minority Leader
must appoint new members by July 1, 2022.
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.
(Revised) Budget Committee Review: If either of the follow situations result in the total amount of state
tuition support that a school corporation would receive during a school year either increasing or decreasing
by $250,000 or more from the amount the school corporation would otherwise be eligible to receive during
the school year, the Budget Committee must now review the amount of funding change and the reason for
the change:
HB 1093 3 •a tuition support reduction issued by the DOE to a school corporation for failing to conduct the
minimum number of student instructional days during a school year; or
•an adjustment by the State Board of Education (SBOE) of a school corporation's average daily
membership (ADM) count or the school corporation's student count date for determining their ADM.
Any such reviews conducted by the Budget Committee should be able to be conducted with no additional
appropriations, assuming near customary staffing and resource levels.
(Revised) Statewide Assessment: Beginning in FY 2023, any new or renewed contract with a vendor to
conduct the statewide assessment may require the vendor to provide a summary of each student’s test results.
The current assessment vendor, Cambium Assessment, already provides each student with an Individual
Student Report, made available to the student via an online system. Continuing to include this deliverable
in future contracts should have no impact on state expenditures.
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 SBOE 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 certain school
corporations or charter schools enter 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.
(Revised) Statewide Assessment: This bill requires teachers at school corporations and charter schools
(schools) to meet with a student’s parent, or send a notice to the parent offering to meet with them, for all
students in the school, to discuss the student’s assessment test results. Current law requires teachers to only
meet with a student’s parent if the student did not receive a passing grade on the statewide assessment, or
HB 1093 4 if a parent requests a meeting with the teacher. This bill also requires that, if applicable, schools must also
provide the assessment test summary in addition to providing the assessment test scores to each student and
the student’s parent. These requirements will result in an increase in meetings, but are within a school’s
routine administrative functions and should be able to be implemented with no additional appropriations,
assuming near customary staffing and resource levels.
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
duties.) This bill also modifies the definition of school resource officer to mean a law enforcement officer
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; Cambium Assessment: Online Reporting System User
Guide 2021–2022.
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1093 5