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: Mar 8, 2022
BILL NUMBER: HB 1093 BILL AMENDED: Mar 8, 2022
SUBJECT: Education Matters.
FIRST AUTHOR: Rep. Behning BILL STATUS: Enrolled
FIRST SPONSOR: Sen. Raatz
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, 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.
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 take into account only certain schools and grades within a school corporation
if fewer than all the schools fail to conduct the minimum number of student instructional days. It authorizes
HB 1093 1 the DOE to study and, if recommended, use machine scoring. It also changes the DOE’s review period for
certain funds.
Virtual Instructional Days: This bill establishes: (1) a definition for "virtual student instructional day"; and
(2) requirements for virtual student instructional days. It provides that a public school may conduct not more
than three virtual student instructional days that do not meet the established requirements. It provides that
a public school that does not comply with these provisions may not count a student instructional day toward
the 180 day student instructional day requirement. It also allows the DOE to waive these requirements.
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.
School Letter Grades: This bill also 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.
Virtual Instructional Days: This bill defines and sets rules regarding virtual student instructional days,
limiting schools to including a maximum of three such days toward their required 180 days of student
instructional time each school year. However, upon request from a school, the DOE may waive this
HB 1093 2 requirement upon review of the request. Any school not meeting the required 180 days of student
instructional time will have their tuition support revenue reduced according to state law. Any reduction in
funding provided to schools will revert to the General Fund.
The State Board of Education must work with the DOE to implement rules that define asynchronous and
synchronous learning.
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 (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.
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:
HB 1093 3 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.
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 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: 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
HB 1093 4 a school failed to meet the minimum number of student instructional days.
Virtual Instructional Days: Public schools (excluding virtual charter schools and dedicated virtual education
schools) utilizing asynchronous learning on virtual instructional days may need to change how they deliver
instruction or they could experience a reduction in state tuition support revenue. Additionally, there is at least
one charter school which is not a virtual charter school that uses asynchronous virtual instruction as a large
part of its curriculum. Under this bill, this school will be at risk of not meeting the required 180 days of
student instructional time.
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; Austin Spears, 317-234-9454.
HB 1093 5