IN
Indiana House Bill HB1093

Indiana 2022 Regular Session

Indiana House Bill HB1093 Compare Versions

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1+*EH1093.3*
2+Reprinted
3+March 1, 2022
4+ENGROSSED
5+HOUSE BILL No. 1093
6+_____
7+DIGEST OF HB 1093 (Updated February 28, 2022 2:43 pm - DI 120)
8+Citations Affected: IC 10-21; IC 12-17.2; IC 20-19; IC 20-24;
9+IC 20-26; IC 20-28; IC 20-30; IC 20-32; IC 20-40; IC 20-43; noncode.
10+Synopsis: Education matters. Amends the membership and duties of
11+the early learning advisory committee. Makes changes to the definition
12+of "school resource officer". Provides that, after June 30, 2023, if a
13+(Continued next page)
14+Effective: July 1, 2021 (retroactive); April 1, 2022; July 1, 2022.
15+Behning, Davis, Pfaff, Klinker
16+(SENATE SPONSORS — RAATZ, BUCHANAN)
17+January 4, 2022, read first time and referred to Committee on Education.
18+January 10, 2022, amended, reported — Do Pass.
19+January 13, 2022, read second time, amended, ordered engrossed.
20+January 14, 2022, engrossed.
21+January 18, 2022, read third time, passed. Yeas 91, nays 0.
22+SENATE ACTION
23+February 2, 2022, read first time and referred to Committee on Education and Career
24+Development.
25+February 17, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
26+Appropriations.
27+February 24, 2022, amended, reported favorably — Do Pass.
28+February 28, 2022, read second time, amended, ordered engrossed.
29+EH 1093—LS 6958/DI 110 Digest Continued
30+school corporation or charter school enters into a contract for a school
31+resource officer, certain school corporations or charter schools must
32+enter into a memorandum of understanding with the law enforcement
33+agency that employs or appointed the law enforcement officer who will
34+perform the duties of a school resource officer. Provides that certain
35+parties are prohibited from incentivizing the enrollment, reenrollment,
36+or continued attendance of a student or prospective student by offering
37+or giving an item that has monetary value. Requires the Indiana charter
38+school board (board) to appoint an executive director to carry out the
39+duties and daily operations of the board. Establishes the executive
40+director's duties. Provides that the board shall establish certain
41+processes. Establishes the Indiana charter school board fund and
42+provides that money in the fund is appropriated continuously for
43+purposes of the board. Provides that the department of education
44+(department) may grant an accomplished practitioner's license under
45+certain conditions. Provides that the instructional days tuition support
46+distribution formula account for certain schools within a school
47+corporation. Authorizes the department to study and, if recommended,
48+use machine scoring. Provides that, after a school receives statewide
49+assessment score reports, a teacher of a student shall discuss the
50+student's statewide assessment results with a parent at the next
51+parent/teacher conference or, if the school does not hold parent/teacher
52+conferences, send a notice to a parent of the student offering to meet
53+with the parent to discuss the results. Provides that the department of
54+education may include in a contract entered into or renewed after June
55+30, 2022, with a statewide assessment vendor a requirement that the
56+vendor provide a summary of a student's statewide assessment results
57+that meets certain requirements. Requires the department to include in
58+a contract entered into or renewed after June 30, 2022, with a statewide
59+assessment vendor a requirement that the vendor provide a summary
60+of a student's statewide assessment results that meets certain
61+requirements. Provides that, if the total amount of state tuition support
62+that a school corporation receives or will receive during a school year
63+decreases under the student instructional day reduction of tuition
64+support provision by an amount that is equal to or more than $250,000
65+from the amount the school corporation would otherwise be eligible to
66+receive during the school year, the budget committee shall review the
67+amount of and the reason for the decrease before the implementation
68+of the decrease. Provides that, if an adjustment by the state board of
69+education (state board) of the count of enrolled eligible pupils for one
70+or more school corporations would increase or decrease the total
71+distribution of state tuition support in an amount that is equal to or
72+more than $250,000, the adjustment must be reviewed by the budget
73+committee before the state board may adjust the enrollment count.
74+Provides that, if the state board determines that extreme patterns of
75+certain conditions on the count day or the subsequent adjustment date
76+cause the enrollment to be unrepresentative of the enrollment of one or
77+more school corporations by a count of eligible pupils that would
78+increase or decrease the total distribution of state tuition support in an
79+amount that is equal to or more than $250,000 as a result of changing
80+the count day, the state board may designate another day for
81+determining the enrollment of the one or more school corporations after
82+review by the budget committee. (Current law allows the state board to
83+designate another day for determining a school corporation's
84+enrollment if the state board determines that extreme patterns of certain
85+conditions on the count day or the subsequent adjustment date cause
86+the enrollment to be unrepresentative of the school corporation's
87+enrollment.) Changes the department's review period for certain funds.
88+Repeals a provision concerning staffing of the board. Provides that the
89+state board of education shall assign to a school or school corporation
90+(including adult high schools) a "null" or "no letter grade" for the 2021-
91+2022 school year.
92+EH 1093—LS 6958/DI 110EH 1093—LS 6958/DI 110 Reprinted
93+March 1, 2022
194 Second Regular Session of the 122nd General Assembly (2022)
295 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
396 Constitution) is being amended, the text of the existing provision will appear in this style type,
497 additions will appear in this style type, and deletions will appear in this style type.
598 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
699 provision adopted), the text of the new provision will appear in this style type. Also, the
7100 word NEW will appear in that style type in the introductory clause of each SECTION that adds
8101 a new provision to the Indiana Code or the Indiana Constitution.
9102 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10103 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1093
12-AN ACT to amend the Indiana Code concerning education and to
13-make an appropriation.
104+ENGROSSED
105+HOUSE BILL No. 1093
106+A BILL FOR AN ACT to amend the Indiana Code concerning
107+education and to make an appropriation.
14108 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 10-21-1-2, AS AMENDED BY P.L.197-2019,
16-SECTION 3, AND AS AMENDED BY P.L.50-2019, SECTION 2,
17-AND AS AMENDED BY P.L.153-2019, SECTION 1, AND AS
18-AMENDED BY P.L.272-2019, SECTION 3, IS CORRECTED AND
19-AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
20-Sec. 2. (a) The Indiana secured school fund is established to provide:
21-(1) matching grants to enable school corporations, and charter
22-schools, and accredited nonpublic schools to establish programs
23-under which a school corporation, or charter school, or accredited
24-nonpublic school (or a coalition of schools) may:
25-(1) (A) employ a school resource officer, employ a law
26-enforcement officer, or enter into a contract or a memorandum
27-of understanding with a:
28-(A) (i) local law enforcement agency;
29-(B) (ii) private entity; or
30-(C) (iii) nonprofit corporation;
31-to employ a school resource officer or a law enforcement
32-officer;
33-(2) (B) conduct a threat assessment of the buildings within a
34-school corporation or the buildings that are operated by a
35-charter school or accredited nonpublic school; or
36-(3) (C) purchase equipment and technology to:
37-HEA 1093 — CC 1 2
38-(A) (i) restrict access to school property; or
39-(B) (ii) expedite notification of first responders; or
40-(4) (D) implement a student and parent support services plan
41-as described in section 4(a)(5) 4(a)(6) of this chapter; and
42-(2) one (1) time grants to enable school corporations, charter
43-schools, and accredited nonpublic schools with the sheriff for the
44-county in which the school corporation, charter school, or
45-accredited nonpublic school is located, to provide the initial set
46-up costs for an active event warning system.
47-(b) A school corporation or charter school may use money received
48-under a matching grant for a purpose listed in subsection (a) to
49-provide a response to a threat in a manner that the school corporation
50-or charter school sees fit, including firearms training or other
51-self-defense training.
52-(b) (c) The fund shall be administered by the department of
53-homeland security.
54-(c) (d) The fund consists of:
55-(1) appropriations from the general assembly;
56-(2) grants from the Indiana safe schools fund established by
57-IC 5-2-10.1-2;
58-(3) federal grants; and
59-(4) amounts deposited from any other public or private source.
60-(d) (e) The expenses of administering the fund shall be paid from
61-money in the fund.
62-(e) (f) The treasurer of state shall invest the money in the fund not
63-currently needed to meet the obligations of the fund in the same
64-manner as other public money may be invested. Interest that accrues
65-from these investments shall be deposited in the fund.
66-(f) (g) Money in the fund at the end of a state fiscal year does not
67-revert to the state general fund.
68-SECTION 2. IC 10-21-1-4, AS AMENDED BY P.L.197-2019,
69-SECTION 5, AND AS AMENDED BY P.L.50-2019, SECTION 4,
70-AND AS AMENDED BY P.L.153-2019, SECTION 2, IS
71-CORRECTED AND AMENDED TO READ AS FOLLOWS
72-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The board may award a
73-matching grant to enable a school corporation, or charter school, or
74-accredited nonpublic school (or a coalition of schools applying jointly)
75-to:
76-(1) establish a program to employ a school resource officer;
77-(2) employ a law enforcement officer;
78-(2) (3) provide school resource officer training described in
79-IC 20-26-18.2-1(b)(2); IC 20-26-18.2-1(c);
80-HEA 1093 — CC 1 3
81-(3) (4) conduct a threat assessment; or
82-(4) (5) purchase equipment to restrict access to the school or
83-expedite the notification of first responders; in accordance with
84-section 2(a) of this chapter; or
85-(5) (6) implement a student and parent support services plan in
86-the manner set forth in IC 20-34-9;
87-in accordance with section 2(a) of this chapter.
88-(b) A matching grant awarded to a school corporation, or charter
89-school, or accredited nonpublic school (or a coalition of schools
90-applying jointly) may not exceed the lesser of the following during a
91-two (2) year period beginning on or after May 1, 2013:
92-(1) The total cost of the program established by the school
93-corporation, or charter school, or accredited nonpublic school (or
94-the coalition of schools applying jointly).
95-(2) Except as provided in subsection (d), the following amounts:
96-(A) Fifty thousand dollars ($50,000) per year, in the case of a
97-school corporation, or charter school, or accredited
98-nonpublic school that:
99-(i) has an ADM of at least one thousand (1,000); and
100-(ii) is not applying jointly with any other school
101-corporation, or charter school, or accredited nonpublic
102-school.
103-(B) Thirty-five thousand dollars ($35,000) per year, in the
104-case of a school corporation, or charter school, or accredited
105-nonpublic school that:
106-(i) has an ADM of less than one thousand (1,000); and
107-(ii) is not applying jointly with any other school
108-corporation, or charter school, or accredited nonpublic
109-school.
110-(C) Fifty thousand dollars ($50,000) per year, in the case of
111-a coalition of schools applying jointly.
112-(A) Thirty-five thousand dollars ($35,000) per year, in the
113-case of a school corporation, charter school, or accredited
114-nonpublic school that:
115-(i) has an ADM of at least one (1) and less than one
116-thousand one (1,001) students; and
117-(ii) is not applying jointly with any other school
118-corporation, charter school, or accredited nonpublic
119-school.
120-(B) Fifty thousand dollars ($50,000) per year, in the case of a
121-school corporation, charter school, or accredited nonpublic
122-school that:
123-HEA 1093 — CC 1 4
124-(i) has an ADM of more than one thousand (1,000) and less
125-than five thousand one (5,001) students; and
126-(ii) is not applying jointly with any other school
127-corporation, charter school, or accredited nonpublic
128-school.
129-(C) Seventy-five thousand dollars ($75,000) per year, in the
130-case of a school corporation, charter school, or accredited
131-nonpublic school that:
132-(i) has an ADM of more than five thousand (5,000) and less
133-than fifteen thousand one (15,001) students; and
134-(ii) is not applying jointly with any other school
135-corporation, charter school, or accredited nonpublic
136-school.
137-(D) One hundred thousand dollars ($100,000) per year, in the
138-case of a school corporation, charter school, or accredited
139-nonpublic school that:
140-(i) has an ADM of more than fifteen thousand (15,000); and
141-(ii) is not applying jointly with any other school
142-corporation, charter school, or accredited nonpublic
143-school.
144-(E) One hundred thousand dollars ($100,000) per year, in the
145-case of a coalition of schools applying jointly.
146-(c) Except as provided in subsection (d), the match requirement for
147-a grant under this chapter is based on the ADM, as follows:
148-(1) For a school corporation, charter school, or accredited
149-nonpublic school with an ADM of less than five hundred one
150-(501) students, the grant match must be twenty-five percent (25%)
151-of the grant amount described in subsection (b).
152-(2) For a school corporation, charter school, or accredited
153-nonpublic school with an ADM of more than five hundred (500)
154-and less than one thousand one (1,001) students, the grant match
155-must be fifty percent (50%) of the grant amount described in
156-subsection (b).
157-(3) For a school corporation, charter school, or accredited
158-nonpublic school with an ADM of more than one thousand
159-(1,000) students or a coalition of schools applying jointly, the
160-grant match must be one hundred percent (100%) of the grant
161-amount described in subsection (b).
162-(d) A school corporation, charter school, or accredited nonpublic
163-school may be eligible to receive a grant of up to:
164-(1) one hundred thousand dollars ($100,000) if:
165-(A) the school corporation, charter school, or accredited
166-HEA 1093 — CC 1 5
167-nonpublic school receives a grant match of one hundred
168-percent (100%) of the requested grant amount; and
169-(B) the board approves the grant request; or
170-(2) for a school corporation, charter school, or accredited
171-nonpublic school described subsection (c)(1) or (c)(2), a grant of
172-up to fifty thousand dollars ($50,000) if:
173-(A) the school corporation, charter school, or accredited
174-nonpublic school receives a grant match of fifty percent (50%)
175-of the requested grant amount; and
176-(B) the board approves the grant request.
177-(c) (e) A school corporation, or charter school, or accredited
178-nonpublic school may receive only one (1) matching grant under this
179-section each year.
180-(d) (f) The board may not award a grant to a school corporation, or
181-charter school, or accredited nonpublic school under this chapter
182-section unless the school corporation, or charter school, or accredited
183-nonpublic school is in a county that has a county school safety
184-commission, as described in IC 5-2-10.1-10.
185-SECTION 3. IC 12-17.2-3.8-5, AS ADDED BY P.L.2-2014,
186-SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
187-APRIL 1, 2022]: Sec. 5. (a) The early learning advisory committee is
188-established to do the following:
189-(1) Establish child developmental and educational goals for
190-Indiana's early learning system, including the development of
191-standards and objectives for early education programs that
192-receive state or federal funds.
193-(2) Design and maintain an approach to measuring progress
194-toward the goals established under subdivision (1) that
195-include objective measures of academic quality.
196-(3) Assess the attainment of the goals established under
197-subdivision (1) and evaluate the efficacy of state and federal
198-spending on Indiana's early learning system.
199-(4) Assess whether the requirements for early education
200-program licensure:
201-(A) create an equitable standard for health and safety
202-across all early education program types;
203-(B) reinforce the goals established under subdivision (1);
204-and
205-(C) support the sustainability of Indiana's early learning
206-system.
207-(1) (5) Conduct periodic statewide needs assessments concerning
208-the quality and availability of early education programs for
209-HEA 1093 — CC 1 6
210-children from birth to the age of school entry, including the
211-availability of high quality prekindergarten education for low
212-income children in Indiana.
213-(2) (6) Identify opportunities for, and barriers to, collaboration
214-and coordination among federally and state funded child
215-development, child care, and early childhood education programs
216-and services, including governmental agencies that administer the
217-programs and services.
218-(7) Design early education workforce strategies, including
219-recommendations on how to advance professional
220-development.
221-(3) (8) Assess the capacity and effectiveness of two (2) and four
222-(4) year public and private higher education institutions in Indiana
223-for the pathways to support of development training and
224-recruitment of early educators. including:
225-(A) professional development and career advancement plans;
226-and
227-(B) practice or internships with Head Start or prekindergarten
228-programs.
229-(4) Other duties as determined necessary by the chairperson of the
230-committee.
231-(5) (9) Not later than June November 30 of each year, develop
232-and make recommendations to the governor and, in an electronic
233-format under IC 5-14-6, to the legislative council concerning the
234-results of the committee's work under subdivisions (1) through
235-(4). (8).
236-(b) The committee consists of six (6) the following thirteen (13)
237-members: appointed by the governor as follows:
238-(1) A representative of the department The secretary of
239-education or the secretary's designee.
240-(2) A representative of the division.
241-(2) The secretary of family and social services or the
242-secretary's designee.
243-(3) Seven (7) members appointed by the governor as follows:
244-(A) A representative of an organization with an interest in
245-training the early childhood education workforce.
246-(3) (B) A representative of a Head Start program under 42
247-U.S.C. 9831 et seq.
248-(4) (C) A representative of a family advocacy group that
249-member of the general public who has an interest in early
250-childhood education.
251-(5) (D) A representative of an early childhood education
252-HEA 1093 — CC 1 7
253-provider.
254-(E) A representative from a school corporation who has an
255-interest in strengthening the transition from early
256-childhood education to elementary education.
257-(6) (F) A representative of business with an interest in early
258-childhood education.
259-(G) A representative of the nonprofit or philanthropic
260-community with an interest in early childhood education.
261-(4) One (1) member who:
262-(A) is appointed by the speaker of the house of
263-representatives;
264-(B) is not a member of the general assembly; and
265-(C) shall serve as a nonvoting member.
266-(5) One (1) member who:
267-(A) is appointed by the president pro tempore of the
268-senate;
269-(B) is not a member of the general assembly; and
270-(C) shall serve as a nonvoting member.
271-(6) One (1) member who:
109+1 SECTION 1. IC 10-21-1-2, AS AMENDED BY P.L.197-2019,
110+2 SECTION 3, AND AS AMENDED BY P.L.50-2019, SECTION 2,
111+3 AND AS AMENDED BY P.L.153-2019, SECTION 1, AND AS
112+4 AMENDED BY P.L.272-2019, SECTION 3, IS CORRECTED AND
113+5 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
114+6 Sec. 2. (a) The Indiana secured school fund is established to provide:
115+7 (1) matching grants to enable school corporations, and charter
116+8 schools, and accredited nonpublic schools to establish programs
117+9 under which a school corporation, or charter school, or accredited
118+10 nonpublic school (or a coalition of schools) may:
119+11 (1) (A) employ a school resource officer, employ a law
120+12 enforcement officer, or enter into a contract or a memorandum
121+13 of understanding with a:
122+14 (A) (i) local law enforcement agency;
123+15 (B) (ii) private entity; or
124+16 (C) (iii) nonprofit corporation;
125+17 to employ a school resource officer or a law enforcement
126+EH 1093—LS 6958/DI 110 2
127+1 officer;
128+2 (2) (B) conduct a threat assessment of the buildings within a
129+3 school corporation or the buildings that are operated by a
130+4 charter school or accredited nonpublic school; or
131+5 (3) (C) purchase equipment and technology to:
132+6 (A) (i) restrict access to school property; or
133+7 (B) (ii) expedite notification of first responders; or
134+8 (4) (D) implement a student and parent support services plan
135+9 as described in section 4(a)(5) 4(a)(6) of this chapter; and
136+10 (2) one (1) time grants to enable school corporations, charter
137+11 schools, and accredited nonpublic schools with the sheriff for the
138+12 county in which the school corporation, charter school, or
139+13 accredited nonpublic school is located, to provide the initial set
140+14 up costs for an active event warning system.
141+15 (b) A school corporation or charter school may use money received
142+16 under a matching grant for a purpose listed in subsection (a) to
143+17 provide a response to a threat in a manner that the school corporation
144+18 or charter school sees fit, including firearms training or other
145+19 self-defense training.
146+20 (b) (c) The fund shall be administered by the department of
147+21 homeland security.
148+22 (c) (d) The fund consists of:
149+23 (1) appropriations from the general assembly;
150+24 (2) grants from the Indiana safe schools fund established by
151+25 IC 5-2-10.1-2;
152+26 (3) federal grants; and
153+27 (4) amounts deposited from any other public or private source.
154+28 (d) (e) The expenses of administering the fund shall be paid from
155+29 money in the fund.
156+30 (e) (f) The treasurer of state shall invest the money in the fund not
157+31 currently needed to meet the obligations of the fund in the same
158+32 manner as other public money may be invested. Interest that accrues
159+33 from these investments shall be deposited in the fund.
160+34 (f) (g) Money in the fund at the end of a state fiscal year does not
161+35 revert to the state general fund.
162+36 SECTION 2. IC 10-21-1-4, AS AMENDED BY P.L.197-2019,
163+37 SECTION 5, AND AS AMENDED BY P.L.50-2019, SECTION 4,
164+38 AND AS AMENDED BY P.L.153-2019, SECTION 2, IS
165+39 CORRECTED AND AMENDED TO READ AS FOLLOWS
166+40 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The board may award a
167+41 matching grant to enable a school corporation, or charter school, or
168+42 accredited nonpublic school (or a coalition of schools applying jointly)
169+EH 1093—LS 6958/DI 110 3
170+1 to:
171+2 (1) establish a program to employ a school resource officer;
172+3 (2) employ a law enforcement officer;
173+4 (2) (3) provide school resource officer training described in
174+5 IC 20-26-18.2-1(b)(2); IC 20-26-18.2-1(c);
175+6 (3) (4) conduct a threat assessment; or
176+7 (4) (5) purchase equipment to restrict access to the school or
177+8 expedite the notification of first responders; in accordance with
178+9 section 2(a) of this chapter; or
179+10 (5) (6) implement a student and parent support services plan in
180+11 the manner set forth in IC 20-34-9;
181+12 in accordance with section 2(a) of this chapter.
182+13 (b) A matching grant awarded to a school corporation, or charter
183+14 school, or accredited nonpublic school (or a coalition of schools
184+15 applying jointly) may not exceed the lesser of the following during a
185+16 two (2) year period beginning on or after May 1, 2013:
186+17 (1) The total cost of the program established by the school
187+18 corporation, or charter school, or accredited nonpublic school (or
188+19 the coalition of schools applying jointly).
189+20 (2) Except as provided in subsection (d), the following amounts:
190+21 (A) Fifty thousand dollars ($50,000) per year, in the case of a
191+22 school corporation, or charter school, or accredited
192+23 nonpublic school that:
193+24 (i) has an ADM of at least one thousand (1,000); and
194+25 (ii) is not applying jointly with any other school
195+26 corporation, or charter school, or accredited nonpublic
196+27 school.
197+28 (B) Thirty-five thousand dollars ($35,000) per year, in the
198+29 case of a school corporation, or charter school, or accredited
199+30 nonpublic school that:
200+31 (i) has an ADM of less than one thousand (1,000); and
201+32 (ii) is not applying jointly with any other school
202+33 corporation, or charter school, or accredited nonpublic
203+34 school.
204+35 (C) Fifty thousand dollars ($50,000) per year, in the case of
205+36 a coalition of schools applying jointly.
206+37 (A) Thirty-five thousand dollars ($35,000) per year, in the
207+38 case of a school corporation, charter school, or accredited
208+39 nonpublic school that:
209+40 (i) has an ADM of at least one (1) and less than one
210+41 thousand one (1,001) students; and
211+42 (ii) is not applying jointly with any other school
212+EH 1093—LS 6958/DI 110 4
213+1 corporation, charter school, or accredited nonpublic
214+2 school.
215+3 (B) Fifty thousand dollars ($50,000) per year, in the case of a
216+4 school corporation, charter school, or accredited nonpublic
217+5 school that:
218+6 (i) has an ADM of more than one thousand (1,000) and less
219+7 than five thousand one (5,001) students; and
220+8 (ii) is not applying jointly with any other school
221+9 corporation, charter school, or accredited nonpublic
222+10 school.
223+11 (C) Seventy-five thousand dollars ($75,000) per year, in the
224+12 case of a school corporation, charter school, or accredited
225+13 nonpublic school that:
226+14 (i) has an ADM of more than five thousand (5,000) and less
227+15 than fifteen thousand one (15,001) students; and
228+16 (ii) is not applying jointly with any other school
229+17 corporation, charter school, or accredited nonpublic
230+18 school.
231+19 (D) One hundred thousand dollars ($100,000) per year, in the
232+20 case of a school corporation, charter school, or accredited
233+21 nonpublic school that:
234+22 (i) has an ADM of more than fifteen thousand (15,000); and
235+23 (ii) is not applying jointly with any other school
236+24 corporation, charter school, or accredited nonpublic
237+25 school.
238+26 (E) One hundred thousand dollars ($100,000) per year, in the
239+27 case of a coalition of schools applying jointly.
240+28 (c) Except as provided in subsection (d), the match requirement for
241+29 a grant under this chapter is based on the ADM, as follows:
242+30 (1) For a school corporation, charter school, or accredited
243+31 nonpublic school with an ADM of less than five hundred one
244+32 (501) students, the grant match must be twenty-five percent (25%)
245+33 of the grant amount described in subsection (b).
246+34 (2) For a school corporation, charter school, or accredited
247+35 nonpublic school with an ADM of more than five hundred (500)
248+36 and less than one thousand one (1,001) students, the grant match
249+37 must be fifty percent (50%) of the grant amount described in
250+38 subsection (b).
251+39 (3) For a school corporation, charter school, or accredited
252+40 nonpublic school with an ADM of more than one thousand
253+41 (1,000) students or a coalition of schools applying jointly, the
254+42 grant match must be one hundred percent (100%) of the grant
255+EH 1093—LS 6958/DI 110 5
256+1 amount described in subsection (b).
257+2 (d) A school corporation, charter school, or accredited nonpublic
258+3 school may be eligible to receive a grant of up to:
259+4 (1) one hundred thousand dollars ($100,000) if:
260+5 (A) the school corporation, charter school, or accredited
261+6 nonpublic school receives a grant match of one hundred
262+7 percent (100%) of the requested grant amount; and
263+8 (B) the board approves the grant request; or
264+9 (2) for a school corporation, charter school, or accredited
265+10 nonpublic school described subsection (c)(1) or (c)(2), a grant of
266+11 up to fifty thousand dollars ($50,000) if:
267+12 (A) the school corporation, charter school, or accredited
268+13 nonpublic school receives a grant match of fifty percent (50%)
269+14 of the requested grant amount; and
270+15 (B) the board approves the grant request.
271+16 (c) (e) A school corporation, or charter school, or accredited
272+17 nonpublic school may receive only one (1) matching grant under this
273+18 section each year.
274+19 (d) (f) The board may not award a grant to a school corporation, or
275+20 charter school, or accredited nonpublic school under this chapter
276+21 section unless the school corporation, or charter school, or accredited
277+22 nonpublic school is in a county that has a county school safety
278+23 commission, as described in IC 5-2-10.1-10.
279+24 SECTION 3. IC 12-17.2-3.8-5, AS ADDED BY P.L.2-2014,
280+25 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281+26 APRIL 1, 2022]: Sec. 5. (a) The early learning advisory committee is
282+27 established to do the following:
283+28 (1) Establish child developmental and educational goals for
284+29 Indiana's early learning system, including the development of
285+30 standards and objectives for early education programs that
286+31 receive state or federal funds.
287+32 (2) Design and maintain an approach to measuring progress
288+33 toward the goals established under subdivision (1) that
289+34 include objective measures of academic quality.
290+35 (3) Assess the attainment of the goals established under
291+36 subdivision (1) and evaluate the efficacy of state and federal
292+37 spending on Indiana's early learning system.
293+38 (4) Assess whether the requirements for early education
294+39 program licensure:
295+40 (A) create an equitable standard for health and safety
296+41 across all early education program types;
297+42 (B) reinforce the goals established under subdivision (1);
298+EH 1093—LS 6958/DI 110 6
299+1 and
300+2 (C) support the sustainability of Indiana's early learning
301+3 system.
302+4 (1) (5) Conduct periodic statewide needs assessments concerning
303+5 the quality and availability of early education programs for
304+6 children from birth to the age of school entry, including the
305+7 availability of high quality prekindergarten education for low
306+8 income children in Indiana.
307+9 (2) (6) Identify opportunities for, and barriers to, collaboration
308+10 and coordination among federally and state funded child
309+11 development, child care, and early childhood education programs
310+12 and services, including governmental agencies that administer the
311+13 programs and services.
312+14 (7) Design early education workforce strategies, including
313+15 recommendations on how to advance professional
314+16 development.
315+17 (3) (8) Assess the capacity and effectiveness of two (2) and four
316+18 (4) year public and private higher education institutions in Indiana
317+19 for the pathways to support of development training and
318+20 recruitment of early educators. including:
319+21 (A) professional development and career advancement plans;
320+22 and
321+23 (B) practice or internships with Head Start or prekindergarten
322+24 programs.
323+25 (4) Other duties as determined necessary by the chairperson of the
324+26 committee.
325+27 (5) (9) Not later than June November 30 of each year, develop
326+28 and make recommendations to the governor and, in an electronic
327+29 format under IC 5-14-6, to the legislative council concerning the
328+30 results of the committee's work under subdivisions (1) through
329+31 (4). (8).
330+32 (b) The committee consists of six (6) the following thirteen (13)
331+33 members: appointed by the governor as follows:
332+34 (1) A representative of the department The secretary of
333+35 education or the secretary's designee.
334+36 (2) A representative of the division.
335+37 (2) The secretary of family and social services or the
336+38 secretary's designee.
337+39 (3) Seven (7) members appointed by the governor as follows:
338+40 (A) A representative of an organization with an interest in
339+41 training the early childhood education workforce.
340+42 (3) (B) A representative of a Head Start program under 42
341+EH 1093—LS 6958/DI 110 7
342+1 U.S.C. 9831 et seq.
343+2 (4) (C) A representative of a family advocacy group that
344+3 member of the general public who has an interest in early
345+4 childhood education.
346+5 (5) (D) A representative of an early childhood education
347+6 provider.
348+7 (E) A representative from a school corporation who has an
349+8 interest in strengthening the transition from early
350+9 childhood education to elementary education.
351+10 (6) (F) A representative of business with an interest in early
352+11 childhood education.
353+12 (G) A representative of the nonprofit or philanthropic
354+13 community with an interest in early childhood education.
355+14 (4) One (1) member who:
356+15 (A) is appointed by the speaker of the house of
357+16 representatives;
358+17 (B) is not a member of the general assembly; and
359+18 (C) shall serve as a nonvoting member.
360+19 (5) One (1) member who:
361+20 (A) is appointed by the president pro tempore of the
362+21 senate;
363+22 (B) is not a member of the general assembly; and
364+23 (C) shall serve as a nonvoting member.
365+24 (6) One (1) member who:
366+25 (A) is appointed by the minority leader of the house of
367+26 representatives;
368+27 (B) is not a member of the general assembly; and
369+28 (C) shall serve as a nonvoting member.
370+29 (7) One (1) member who:
371+30 (A) is appointed by the minority leader of the senate;
372+31 (B) is not a member of the general assembly; and
373+32 (C) shall serve as a nonvoting member.
374+33 (c) Subject to section 5.1 of this chapter, members appointed
375+34 under subsection (b)(3) through (b)(7) serve for three (3) year
376+35 terms. The members of the committee serve at the pleasure of the
377+36 appointing authority.
378+37 (c) (d) The governor shall appoint the a member of the committee
379+38 to serve as chairperson of the committee. The committee shall meet
380+39 at least six (6) times each calendar year at the call of the
381+40 chairperson.
382+41 (d) (e) The division shall, in consultation with the department of
383+42 education, staff the committee.
384+EH 1093—LS 6958/DI 110 8
385+1 (e) (f) The expenses of the committee shall be paid from the funds
386+2 of the division.
387+3 (f) (g) Each member of the committee who is not a state employee
388+4 is entitled to the minimum salary per diem provided by
389+5 IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
390+6 traveling expenses as provided under IC 4-13-1-4 and other expenses
391+7 actually incurred in connection with the member's duties as provided
392+8 in the state policies and procedures established by the Indiana
393+9 department of administration and approved by the budget agency.
394+10 (g) (h) Each member of the committee who is a state employee but
395+11 who is not a member of the general assembly is entitled to
396+12 reimbursement for traveling expenses as provided under IC 4-13-1-4
397+13 and other expenses actually incurred in connection with the member's
398+14 duties as provided in the state policies and procedures established by
399+15 the Indiana department of administration and approved by the budget
400+16 agency.
401+17 (h) (i) Each member of the committee who is a member of the
402+18 general assembly is entitled to receive the same per diem, mileage, and
403+19 travel allowances paid to legislative members of interim study
404+20 committees established by the legislative council. Per diem, mileage,
405+21 and travel allowances paid under this section shall be paid from
406+22 appropriations made to the legislative council or the legislative services
407+23 agency.
408+24 (i) (j) The affirmative votes of a majority of the voting members
409+25 appointed to the committee are required for the committee to take
410+26 action on any measure, including final reports.
411+27 SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
412+28 CODE AS A NEW SECTION TO READ AS FOLLOWS
413+29 [EFFECTIVE APRIL 1, 2022]: Sec. 5.1. (a) As used in this section,
414+30 "committee" refers to the early learning advisory committee
415+31 established by section 5 of this chapter.
416+32 (b) The term of a member who was appointed to the committee
417+33 before April 1, 2022, expires on April 1, 2022.
418+34 (c) Not later than June 30, 2022, the applicable appointing
419+35 authorities shall appoint members to the committee in accordance
420+36 with section 5 of this chapter.
421+37 (d) The initial appointments by the governor described in
422+38 section 5(b)(3) of this chapter shall begin not later than July 1,
423+39 2022, and the initial terms of the members initially appointed
424+40 under section 5(b)(3) of this chapter are as follows:
425+41 (1) The members appointed under section 5(b)(3)(A),
426+42 5(b)(3)(C), 5(b)(3)(D), and 5(b)(3)(G) of this chapter shall
427+EH 1093—LS 6958/DI 110 9
428+1 serve an initial term of two (2) years.
429+2 (2) The members appointed under section 5(b)(3)(B),
430+3 5(b)(3)(E), and 5(b)(3)(F) of this chapter shall serve an initial
431+4 term of three (3) years.
432+5 (e) This section expires January 1, 2026.
433+6 SECTION 5. IC 20-19-3-15, AS ADDED BY P.L.223-2015,
434+7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
435+8 JULY 1, 2022]: Sec. 15. (a) This section does not apply to a school
436+9 promotional item that has minimal monetary value.
437+10 (b) As used in this section, "participating entity" has the
438+11 meaning set forth in IC 20-51.4-2-6.
439+12 (b) (c) As used in this section, "school" means any of the following:
440+13 (1) A school corporation.
441+14 (2) A charter school, including a conversion charter school or a
442+15 virtual charter school.
443+16 (3) A nonpublic school that has any students enrolled who receive
444+17 a choice scholarship under IC 20-51-4.
445+18 (c) (d) A school, a participating entity, an employee of a school
446+19 or a participating entity, or a member or representative of an
447+20 association affiliated with a school employee organization (as
448+21 defined in IC 20-29-2-14) may not offer or give, as an enrollment
449+22 incentive to enroll, reenroll, or continue attending a school, any item
450+23 that has monetary value, including cash or a gift card, that may be used
451+24 at a retail store, grocery store, online store, or other commercial
452+25 enterprise, to:
453+26 (1) a student or prospective student (or the parent of a student or
454+27 prospective student) in exchange for enrolling, reenrolling, or
455+28 incentivizing continued attendance of the student or
456+29 prospective student at the school; or
457+30 (2) any person in exchange for referring a prospective student to
458+31 the school.
459+32 SECTION 6. IC 20-24-2.1-2, AS AMENDED BY P.L.250-2017,
460+33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
461+34 JULY 1, 2022]: Sec. 2. The charter board shall establish a process to:
462+35 (1) review a proposal to establish a charter school under
463+36 IC 20-24-3-4;
464+37 (2) make a decision on the proposal as required under
465+38 IC 20-24-3-9;
466+39 (3) monitor charter schools authorized by the charter board; and
467+40 (4) make decisions on the renewal, nonrenewal, and revocation of
468+41 charters granted by the charter board.
469+42 SECTION 7. IC 20-24-2.1-3 IS REPEALED [EFFECTIVE JULY
470+EH 1093—LS 6958/DI 110 10
471+1 1, 2022]. Sec. 3. The department shall provide staff to carry out the
472+2 duties of the charter board under this chapter until the time when the
473+3 charter board begins receiving administrative fees pursuant to
474+4 IC 20-24-7-4(e). At that time, the charter board may hire staff to carry
475+5 out the duties of the charter board under this chapter.
476+6 SECTION 8. IC 20-24-2.1-3.5 IS ADDED TO THE INDIANA
477+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
478+8 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The charter board shall
479+9 appoint an executive director to carry out the duties and daily
480+10 operations of the charter board. The executive director may be
481+11 removed by the charter board for just cause.
482+12 (b) The executive director's duties include the following:
483+13 (1) To carry out the duties and responsibilities of the charter
484+14 board under this chapter.
485+15 (2) To hire staff as necessary to ensure efficient and effective
486+16 operation of the charter board.
487+17 (3) To pay the reasonable and necessary traveling and other
488+18 expenses of an employee, a member, or an agent of the charter
489+19 board.
490+20 (4) To request from any public agency the assistance, services,
491+21 and data that will enable the charter board to properly carry
492+22 out the charter board's functions and powers.
493+23 (c) The executive director has financial and signatory powers
494+24 necessary to ensure efficient and effective charter board
495+25 operations. In addition, the charter board may authorize the
496+26 executive director to carry out any or all of the charter board's
497+27 powers under section 2 of this chapter unless otherwise prohibited
498+28 by law.
499+29 SECTION 9. IC 20-24-2.1-4, AS ADDED BY P.L.91-2011,
500+30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
501+31 JULY 1, 2022]: Sec. 4. (a) Funding for the charter board consists of
502+32 administrative fees collected under IC 20-24-7-4.
503+33 (b) The Indiana charter school board fund is established for the
504+34 purpose of funding the charter board.
505+35 (c) The fund consists of administrative fees collected under
506+36 IC 20-24-7-4.
507+37 (d) The charter board shall administer the fund.
508+38 (e) Money in the fund at the end of a state fiscal year does not
509+39 revert to the state general fund but remains available to be used for
510+40 the purposes of this chapter.
511+41 (f) Money in the fund is appropriated continuously for the
512+42 purposes of this chapter.
513+EH 1093—LS 6958/DI 110 11
514+1 SECTION 10. IC 20-26-18.2-1, AS AMENDED BY P.L.30-2014,
515+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
516+3 JULY 1, 2022]: Sec. 1. (a) As used in this chapter, "school resource
517+4 officer" means an individual a law enforcement officer who:
518+5 (1) has completed the training described in subsection (b);
519+6 (2) is assigned to one (1) or more school corporations or charter
520+7 schools during school hours to:
521+8 (A) assist the school safety specialist with the development
522+9 and implementation of the school safety plan as provided in
523+10 section 2 of this chapter; and
524+11 (B) carry out any additional responsibilities assigned to the
525+12 school resource officer under the employment engagement,
526+13 contract, or memorandum of understanding and to provide
527+14 law enforcement services to:
528+15 (i) protect against outside threats to the physical safety of
529+16 students;
530+17 (ii) prevent unauthorized access to school property; and
531+18 (iii) secure schools against violence and natural disasters;
532+19 and
533+20 (3) is:
534+21 (A) employed by a law enforcement agency;
535+22 (B) appointed as a police reserve officer (as described in
536+23 IC 36-8-3-20) or as a special deputy (as described in
537+24 IC 36-8-10-10.6) if the police reserve officer or special deputy:
538+25 (i) is subject to the direction of the sheriff or appointing law
539+26 enforcement agency;
540+27 (ii) is required to obey the rules and orders of the sheriff's
541+28 department or appointing law enforcement agency;
542+29 (iii) is required to complete all training required of regular
543+30 full-time law enforcement officers employed by the sheriff's
544+31 department or appointing law enforcement agency; and
545+32 (iv) may be removed by the sheriff or appointing law
546+33 enforcement agency at any time, with or without cause; or
547+34 (C) a school corporation police officer appointed under
548+35 IC 20-26-16-3.
549+36 The term does not include a law enforcement officer who is
550+37 assigned to a school to provide security outside a school building
551+38 for protection from outside threats, traffic duty, or other duties not
552+39 consistent with the duties of a school resource officer.
553+40 (b) Before being appointed as a school resource officer, an
554+41 individual must have
555+42 (1) successfully completed the minimum training requirements
556+EH 1093—LS 6958/DI 110 12
557+1 established for law enforcement officers under IC 5-2-1-9. and
558+2 (2) received
559+3 (c) The law enforcement officer appointed as a school resource
560+4 officer must receive at least forty (40) hours of school resource officer
561+5 training through:
562+6 (A) (1) the Indiana law enforcement training board established by
563+7 IC 5-2-1-3;
564+8 (B) (2) the National Association of School Resource Officers; or
565+9 (C) (3) another school resource officer training program approved
566+10 by the Indiana law enforcement training board;
567+11 within one hundred eighty (180) days from the date the individual
568+12 is initially assigned the duties of a school resource officer.
569+13 However, if the current ADM of a school corporation is less than
570+14 one thousand (1,000) students, the individual shall complete the
571+15 school resource officer training within three hundred sixty-five
572+16 (365) days of the date the individual is initially assigned the duties
573+17 of a school resource officer.
574+18 (c) (d) Training described in subsection (b)(2) (c) must include
575+19 instruction regarding skills, tactics, and strategies necessary to address
576+20 the special nature of:
577+21 (1) school campuses; and
578+22 (2) school building security needs and characteristics.
579+23 SECTION 11. IC 20-26-18.2-2, AS AMENDED BY P.L.272-2019,
580+24 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
581+25 JULY 1, 2022]: Sec. 2. (a) A school resource officer may be employed:
582+26 (1) by one (1) or more school corporations or charter schools
583+27 through a contract between a local law enforcement agency and
584+28 the school corporation or school corporations or the charter school
585+29 or charter schools;
586+30 (2) by one (1) or more school corporations or charter schools;
587+31 (3) by a local law enforcement agency that assigns the school
588+32 resource officer to one (1) or more school corporations or charter
589+33 schools through a memorandum of understanding between the
590+34 local law enforcement agency and the school corporation or
591+35 school corporations or the charter school or charter schools; or
592+36 (4) through a contract between an Indiana business that employs
593+37 persons who meet the qualifications of a school resource officer
594+38 and the school corporation or school corporations or the charter
595+39 school or charter schools.
596+40 (b) A contract or This subsection does not apply to a school
597+41 corporation that only has full-time school resource officers who are
598+42 either employees of the school corporation's school police
599+EH 1093—LS 6958/DI 110 13
600+1 department or are employees of the school corporation who have
601+2 successfully completed the law enforcement basic training
602+3 requirements described in IC 5-2-1-9(d). After June 30, 2023, if a
603+4 school corporation or charter school enters into a contract for a
604+5 school resource officer, the school corporation or charter school
605+6 must enter into a memorandum of understanding with the law
606+7 enforcement agency that employs or appointed the law
607+8 enforcement officer who will perform the duties of a school
608+9 resource officer. The memorandum of understanding entered into
609+10 under subsection (a) must state the nature and scope of a school
610+11 resource officer's duties and responsibilities. A school resource officer's
611+12 duties and responsibilities include the duty to assist the school
612+13 corporation's school safety specialist with the development and
613+14 implementation of a school safety plan that does the following:
614+15 (1) Protects against outside threats to the physical safety of
615+16 students.
616+17 (2) Prevents unauthorized access to school property.
617+18 (3) Secures schools against violence and natural disasters.
618+19 (4) On or before July 1, 2020, identifies the location of bleeding
619+20 control kits (as defined in IC 20-34-3-24(a)).
620+21 (c) A school resource officer shall consult with local law
621+22 enforcement officials and first responders when assisting the school
622+23 corporation's school safety specialist in the development of the school
623+24 safety plan.
624+25 (d) A school resource officer shall participate in the development of
625+26 programs designed to identify, assess, and provide assistance to
626+27 troubled youth.
627+28 (e) A school resource officer may not be reassigned to other duties
628+29 by the school corporation.
629+30 SECTION 12. IC 20-28-5-18, AS AMENDED BY P.L.92-2020,
630+31 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
631+32 JULY 1, 2022]: Sec. 18. (a) This section applies to an individual who:
632+33 (1) holds a valid teaching license issued by another state
633+34 (excluding a teaching license equivalent to an Indiana temporary
634+35 or emergency teaching license) in the same content area or areas
635+36 for which the individual is applying for a license in Indiana; and
636+37 (2) was required to pass a content licensure test to obtain the
637+38 license described in subdivision (1).
638+39 (b) Notwithstanding sections 3 and 12 of this chapter, the
639+40 department shall grant one (1) of the following licenses to an individual
640+41 described in subsection (a):
641+42 (1) If the individual has less than three (3) two (2) years of
642+EH 1093—LS 6958/DI 110 14
643+1 full-time teaching experience, an initial practitioner's license.
644+2 (2) If the individual has at least three (3) two (2) years of full-time
645+3 teaching experience, a practitioner's license.
646+4 (3) If the individual has a master's degree from a regionally
647+5 accredited institution and at least two (2) years of full-time
648+6 teaching experience, an accomplished practitioner's license.
649+7 (c) An individual who is granted a license under this section shall
650+8 comply with the training or certification requirements prescribed by the
651+9 state board under IC 20-28-5.5-1(b).
652+10 SECTION 13. IC 20-30-2-4, AS ADDED BY P.L.1-2005,
653+11 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
654+12 JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), if a school
655+13 corporation fails to conduct the minimum number of student
656+14 instructional days during a school year as required under section 3 of
657+15 this chapter, the department shall reduce the August tuition support
658+16 distribution to that school corporation for a school year by an amount
659+17 determined as follows:
660+18 STEP ONE: Determine the remainder of:
661+19 (A) the amount of the total tuition support allocated to the
662+20 school corporation for the particular school year; minus
663+21 (B) that part of the total tuition support allocated to the school
664+22 corporation for that school year with respect to student
665+23 instructional days one hundred seventy-six (176) through one
666+24 hundred eighty (180).
667+25 STEP TWO: Subtract the number of student instructional days
668+26 that the school corporation conducted from one hundred eighty
669+27 (180).
670+28 STEP THREE: Determine the lesser of five (5) or the remainder
671+29 determined under STEP TWO.
672+30 STEP FOUR: Divide the amount subtracted under STEP ONE (B)
673+31 by five (5).
674+32 STEP FIVE: Multiply the quotient determined under STEP FOUR
675+33 by the number determined under STEP THREE.
676+34 STEP SIX: Subtract the number determined under STEP THREE
677+35 from the remainder determined under STEP TWO.
678+36 STEP SEVEN: Divide the remainder determined under STEP
679+37 ONE by one hundred seventy-five (175).
680+38 STEP EIGHT: Multiply the quotient determined under STEP
681+39 SEVEN by the remainder determined under STEP SIX.
682+40 STEP NINE: Add the product determined under STEP FIVE to
683+41 the product determined under STEP EIGHT.
684+42 (b) If fewer than all of the schools in a school corporation fail to
685+EH 1093—LS 6958/DI 110 15
686+1 conduct the minimum number of student instructional days during
687+2 a school year as required under section 3 of this chapter, the
688+3 reduction in August tuition support required by this section shall
689+4 take into account only the schools in the school corporation that
690+5 failed to conduct the minimum number of student instructional
691+6 days and only the grades for which the required number of student
692+7 instructional days was not conducted.
693+8 (c) If the total amount of state tuition support that a school
694+9 corporation receives or will receive during a school year decreases
695+10 under this section by an amount that is equal to or more than two
696+11 hundred fifty thousand dollars ($250,000) from the amount the
697+12 school corporation would otherwise be eligible to receive during
698+13 the school year as determined under IC 20-43, the budget
699+14 committee shall review the amount of and the reason for the
700+15 decrease before implementation of the decrease.
701+16 SECTION 14. IC 20-32-5.1-12, AS ADDED BY P.L.242-2017,
702+17 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
703+18 JULY 1, 2022]: Sec. 12. (a) The department shall establish policies and
704+19 procedures that foster, to the extent possible, the scoring of student
705+20 responses of an open ended writing assessment on a statewide
706+21 assessment by Indiana teachers. The teacher may not grade student
707+22 responses of students who are enrolled in the same school corporation,
708+23 charter school, state accredited nonpublic school, or eligible school (as
709+24 defined in IC 20-51-1-4.7) in which the teacher is currently employed.
710+25 (b) The scoring of student responses under a statewide assessment:
711+26 (1) must adhere to scoring rubrics and anchor papers;
712+27 (2) must measure student achievement relative to the academic
713+28 standards established by the state board; and
714+29 (3) may not reflect the scorer's judgment of the values expressed
715+30 by a student in the student's responses.
716+31 (c) The department, in consultation with the technical advisory
717+32 committee established by the state board, shall conduct a study to
718+33 analyze and determine the reliability of machine scoring student
719+34 responses to items on the statewide assessment. After conducting
720+35 the study, the department may, if recommended by the technical
721+36 advisory committee, utilize machine scoring for purposes of
722+37 scoring student responses to items on the statewide assessment.
723+38 SECTION 15. IC 20-32-5.1-13, AS ADDED BY P.L.242-2017,
724+39 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
725+40 JULY 1, 2022]: Sec. 13. (a) The proficiency of students under a
726+41 statewide assessment must be reported to the state board not later than:
727+42 (1) for the 2018-2019 school year, August 15, 2019; and
728+EH 1093—LS 6958/DI 110 16
729+1 (2) for each school year beginning after June 30, 2019, July 1 of
730+2 the year in which the statewide assessment is administered.
731+3 (b) Reports of student scores on the statewide assessment must be:
732+4 (1) returned to the school corporation, charter school, state
733+5 accredited nonpublic school, or eligible school (as defined in
734+6 IC 20-51-1-4.7) that administered the test; and
735+7 (2) accompanied by a guide for interpreting scores.
736+8 (c) Subject to approval by the state board, reports of student results
737+9 on computer scored items under a statewide assessment may be
738+10 returned to schools regardless of whether the hand scored items are
739+11 returned.
740+12 (d) After reports of final student scores on the statewide assessment
741+13 are returned to a school corporation, charter school, state accredited
742+14 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7), the
743+15 school corporation or school shall promptly do the following:
744+16 (1) Give each student and the student's parent the student's
745+17 statewide assessment test scores, including (if applicable) the
746+18 summary described in section 14.5 of this chapter.
747+19 (2) Make available for inspection to each student and the student's
748+20 parent the following:
749+21 (A) A copy of the student's scored responses.
750+22 (B) A copy of the anchor papers and scoring rubrics used to
751+23 score the student's responses.
752+24 A student's parent or the student's principal may request a rescoring of
753+25 a student's responses to a statewide assessment, including a student's
754+26 essay. A student's final score on a rescored statewide assessment must
755+27 reflect the student's actual score on the rescored statewide assessment
756+28 regardless of whether the student's score decreased or improved on the
757+29 rescored assessment.
758+30 (e) The department shall develop criteria to provide a student's
759+31 parent the opportunity to inspect questions in a manner that will not
760+32 compromise the validity or integrity of a statewide assessment.
761+33 (f) A student's statewide assessment scores may not be disclosed to
762+34 the public.
763+35 (g) The department may not release less than ten (10) items per
764+36 subject matter per grade level. The state board and department shall:
765+37 (1) post:
766+38 (A) the questions; and
767+39 (B) with the permission of each student's parent, student
768+40 answers that are exemplary responses to the released
769+41 questions;
770+42 on the Internet web sites of the state board and department; and
771+EH 1093—LS 6958/DI 110 17
772+1 (2) publicize the availability of the questions and answers to
773+2 schools, educators, and the public.
774+3 A student answer posted under this subsection may not identify the
775+4 student who provided the answer.
776+5 SECTION 16. IC 20-32-5.1-14, AS ADDED BY P.L.242-2017,
777+6 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
778+7 JULY 1, 2022]: Sec. 14. (a) After a school receives statewide
779+8 assessment score reports, the school shall offer a parent/teacher
780+9 conference to discuss a student's statewide assessment results with the
781+10 following:
782+11 (1) A parent of a student who requests a parent/teacher
783+12 conference on the statewide assessment scores of the student.
784+13 (2) The parent of each student who does not receive a passing
785+14 score on the test.
786+15 a teacher who currently teaches a student shall discuss with a
787+16 parent of the student the student's statewide assessment results at
788+17 the next parent/teacher conference if the parent participates in the
789+18 parent/teacher conference. If a school does not hold parent/teacher
790+19 conferences, a teacher who currently teaches a student shall send
791+20 a notice to a parent of the student offering to meet with the parent
792+21 to discuss the student's statewide assessment results and, upon the
793+22 parent's request, meet with the parent.
794+23 (b) The department shall provide enrichment resources to parents
795+24 and students to provide assistance to students in subject matter
796+25 included in the student's most recently completed statewide assessment.
797+26 SECTION 17. IC 20-32-5.1-14.5 IS ADDED TO THE INDIANA
798+27 CODE AS A NEW SECTION TO READ AS FOLLOWS
799+28 [EFFECTIVE JULY 1, 2022]: Sec. 14.5. For a contract entered into
800+29 or renewed after June 30, 2022, with a vendor to conduct the
801+30 statewide assessment, the department may include in the contract
802+31 a requirement that the vendor provide a summary of a student's
803+32 statewide assessment results that:
804+33 (1) is in an easy to read, understandable format for parents;
805+34 and
806+35 (2) includes information regarding how the student's
807+36 statewide assessment results compare to statewide assessment
808+37 results of other students in the same grade level in Indiana.
809+38 SECTION 18. IC 20-40-2-6, AS AMENDED BY P.L.161-2019,
810+39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
811+40 JULY 1, 2022]: Sec. 6. (a) Each school corporation shall make every
812+41 reasonable effort to transfer not more than fifteen percent (15%) of the
813+42 total revenue deposited in the school corporation's education fund from
814+EH 1093—LS 6958/DI 110 18
815+1 the school corporation's education fund to the school corporation's
816+2 operations fund during a calendar year.
817+3 (b) Only after the transfer is authorized by the governing body in a
818+4 public meeting with public notice, money in the education fund may be
819+5 transferred to the operations fund to cover expenditures that are not
820+6 allocated to student instruction and learning under IC 20-42.5. The
821+7 amount transferred from the education fund to the operations fund shall
822+8 be reported by the school corporation to the department. The transfers
823+9 made during the:
824+10 (1) first six (6) months of each state fiscal year shall be reported
825+11 before January 31 of the following year; and
826+12 (2) last six (6) months of each state fiscal year shall be reported
827+13 before July 31 of that year.
828+14 (c) The report must include information as required by the
829+15 department and in the form required by the department.
830+16 (d) The department must post the report submitted under subsection
831+17 (b) on the department's Internet web site.
832+18 (e) Beginning in 2020, the department shall track for each school
833+19 corporation transfers from the school corporation's education fund to
834+20 its operations fund for the preceding six (6) month period. Beginning
835+21 in 2021, before February March 1 of each year, the department shall
836+22 compile an excessive education fund transfer list comprised of all
837+23 school corporations that transferred more than fifteen percent (15%) of
838+24 the total revenue deposited in the school corporation's education fund
839+25 from the school corporation's education fund to the school corporation's
840+26 operations fund during the immediately preceding calendar year. A
841+27 school corporation that is not included on the excessive education fund
842+28 transfer list is considered to have met the education fund transfer target
843+29 percentage for the immediately preceding calendar year.
844+30 SECTION 19. IC 20-40-2-9, AS ADDED BY P.L.161-2019,
845+31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
846+32 JULY 1, 2022]: Sec. 9. (a) For each school corporation included on the
847+33 excessive education fund transfer list required under section 6 of this
848+34 chapter, the department shall, not later than March April 1 of each
849+35 year, submit in both a written and an electronic format a notice to the
850+36 school corporation's superintendent, school business officer, and
851+37 governing body that the school corporation did not meet its education
852+38 fund transfer target percentage for the previous calendar year.
853+39 (b) If a school corporation's governing body receives a notice from
854+40 the department under subsection (a), the school corporation shall do all
855+41 of the following:
856+42 (1) Publicly acknowledge receipt of the excessive education fund
857+EH 1093—LS 6958/DI 110 19
858+1 transfer list notice from the department at the governing body's
859+2 next public meeting.
860+3 (2) Enter into the governing body's official minutes for that
861+4 meeting acknowledgment of the notice.
862+5 (3) Publish on the school corporation's Internet web site the
863+6 department's notice and any relevant individual reports prepared
864+7 by the department within thirty (30) days after the public meeting.
865+8 SECTION 20. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
866+9 SECTION 212, IS AMENDED TO READ AS FOLLOWS
867+10 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
868+11 distributions under this article that are computed in any part based on
869+12 a count of students under IC 20-43-4-2.
870+13 (b) If the state board subsequently adjusts under IC 20-43-4-2
871+14 IC 20-43-4-3.5 a count used for a distribution under this article, the
872+15 department shall adjust subsequent distributions to the school
873+16 corporation that are affected by the adjusted count, on the schedule
874+17 determined by the department, to reflect the differences between the
875+18 distribution that the school corporation received and the distribution
876+19 that the school corporation would have received if the adjusted count
877+20 had been used.
878+21 SECTION 21. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
879+22 SECTION 162, IS AMENDED TO READ AS FOLLOWS
880+23 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
881+24 chapter, a school corporation's ADM is the number of eligible pupils
882+25 enrolled in:
883+26 (1) the school corporation; or
884+27 (2) a transferee corporation;
885+28 on the day fixed in September by the state board for a fall count of
886+29 students under section 3 of this chapter and, if applicable, as
887+30 subsequently adjusted not later than the date specified under the rules
888+31 adopted by the state board. The state board may adjust the school's
889+32 count of eligible pupils if the state board determines that the count is
890+33 unrepresentative of the school corporation's enrollment. In addition, a
891+34 school corporation may petition the state board to make an adjusted
892+35 count of students enrolled in the school corporation if the corporation
893+36 has reason to believe that the count is unrepresentative of the school
894+37 corporation's enrollment. In addition, under section 3.5 of this
895+38 chapter.
896+39 (b) Subject to section 3.7 of this chapter, a school corporation
897+40 shall determine the number of eligible pupils enrolled in:
898+41 (1) the school corporation; or
899+42 (2) a transferee corporation;
900+EH 1093—LS 6958/DI 110 20
901+1 on the day fixed in February by the state board for a spring count of
902+2 students under section 3 of this chapter and, if applicable, as
903+3 subsequently adjusted under this chapter or under rules adopted by the
904+4 state board. section 3.5 of this chapter.
905+5 (b) (c) Each school corporation shall, before April 1 of each year,
906+6 provide to the department an estimate of the school corporation's ADM
907+7 that will result from the count of eligible pupils in the following
908+8 September. The department may update and adjust the estimate as
909+9 determined appropriate by the department. In each odd-numbered year,
910+10 the department shall provide the updated and adjusted estimate of the
911+11 school corporation's ADM to the legislative services agency before
912+12 April 10 of that year.
913+13 (c) (d) A new charter school shall submit an enrollment estimate to
914+14 the department before April 1 of the year the new charter school will
915+15 be open for enrollment. The department shall use the new charter
916+16 school's enrollment estimate as the basis for the new charter school's
917+17 distribution beginning in July and until actual ADM is available,
918+18 subject to section 9 of this chapter. However, if the new charter school's
919+19 enrollment estimate is greater than eighty percent (80%) of the new
920+20 charter school's authorized enrollment cap, the department may use that
921+21 enrollment estimate if the department has requested and reviewed other
922+22 enrollment data that support that enrollment estimate. However, if the
923+23 enrollment data requested and reviewed by the department does not
924+24 support the enrollment estimate submitted by the new charter school,
925+25 the department shall determine the estimated ADM based on the
926+26 enrollment data requested and reviewed by the department. In each
927+27 odd-numbered year, the department shall provide the new charter
928+28 school's estimated ADM to the legislative services agency before April
929+29 10 of that year.
930+30 SECTION 22. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
931+31 SECTION 222, IS AMENDED TO READ AS FOLLOWS
932+32 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
933+33 section 3.7 of this chapter, the state board shall make an ADM count
934+34 of the eligible pupils enrolled in each school corporation two (2) times
935+35 each school year, with one (1) count date occurring in each of the
936+36 following periods:
937+37 (1) The fall count of ADM shall be made on a day during
938+38 September fixed by the state board.
939+39 (2) The spring count of ADM shall be made on a day during
940+40 February fixed by the state board.
941+41 (b) However, if extreme patterns of:
942+42 (1) student in-migration;
943+EH 1093—LS 6958/DI 110 21
944+1 (2) illness;
945+2 (3) natural disaster; or
946+3 (4) other unusual conditions in a particular school corporation's
947+4 enrollment;
948+5 on either a count day fixed by the state board or the subsequent
949+6 adjustment date cause the enrollment to be unrepresentative of the
950+7 school corporation's enrollment, the state board may designate another
951+8 day for determining the school corporation's enrollment.
952+9 SECTION 23. IC 20-43-4-3.5 IS ADDED TO THE INDIANA
953+10 CODE AS A NEW SECTION TO READ AS FOLLOWS
954+11 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The state board may
955+12 adjust an enrollment count of eligible pupils of one (1) or more
956+13 school corporations under this section not later than a date
957+14 established under the rules adopted by the state board.
958+15 (b) If the state board determines that an enrollment count of
959+16 eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
960+17 or more school corporations is unrepresentative by a count that
961+18 would increase or decrease the total distribution of state tuition
962+19 support in an amount that is less than two hundred fifty thousand
963+20 dollars ($250,000), the state board may adjust the enrollment count
964+21 for the one (1) or more school corporations.
965+22 (c) If the state board determines that an enrollment count of
966+23 eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
967+24 or more school corporations is unrepresentative by a count that
968+25 would increase or decrease the total distribution of state tuition
969+26 support in an amount that is equal to or more than two hundred
970+27 fifty thousand dollars ($250,000), the state board may adjust the
971+28 enrollment count for the one (1) or more school corporations after
972+29 review by the budget committee.
973+30 (d) A school corporation may petition the state board to make
974+31 an adjusted count of eligible pupils enrolled in the school
975+32 corporation if the school corporation has reason to believe that the
976+33 count is unrepresentative of the school corporation's enrollment.
977+34 SECTION 24. IC 20-43-4-3.7 IS ADDED TO THE INDIANA
978+35 CODE AS A NEW SECTION TO READ AS FOLLOWS
979+36 [EFFECTIVE JULY 1, 2022]: Sec. 3.7. (a) This section applies if the
980+37 state board determines that extreme patterns of:
981+38 (1) student in-migration;
982+39 (2) illness;
983+40 (3) natural disaster; or
984+41 (4) other unusual conditions in a particular school
985+42 corporation's enrollment;
986+EH 1093—LS 6958/DI 110 22
987+1 on the count day established under section 3 of this chapter or the
988+2 subsequent adjustment date established under section 3.5 of this
989+3 chapter cause the enrollment count of eligible pupils to be
990+4 unrepresentative of the enrollment of one (1) or more school
991+5 corporations.
992+6 (b) If the state board determines that the:
993+7 (1) count day or subsequent adjustment date is
994+8 unrepresentative of the enrollment of one (1) or more school
995+9 corporations as described in subsection (a); and
996+10 (2) enrollment count of the one (1) or more school
997+11 corporations described in subdivision (1) would be
998+12 unrepresentative by a count that would increase or decrease
999+13 the total distribution of state tuition support in an amount
1000+14 that is less than two hundred fifty thousand dollars ($250,000)
1001+15 as a result of changing the count day;
1002+16 the state board may designate another day for determining the
1003+17 enrollment of the one (1) or more school corporations.
1004+18 (c) If the state board determines that the:
1005+19 (1) count day or subsequent adjustment date is
1006+20 unrepresentative of the enrollment of one (1) or more school
1007+21 corporations as described in subsection (a); and
1008+22 (2) enrollment count of the one (1) or more school
1009+23 corporations described in subdivision (1) would be
1010+24 unrepresentative by a count that would increase or decrease
1011+25 the total distribution of state tuition support in an amount
1012+26 that is equal to or more than two hundred fifty thousand
1013+27 dollars ($250,000) as a result of changing the count day;
1014+28 the state board may designate another day for determining the
1015+29 enrollment of the one (1) or more school corporations after review
1016+30 by the budget committee.
1017+31 SECTION 25. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
1018+32 SECTION 224, IS AMENDED TO READ AS FOLLOWS
1019+33 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
1020+34 (c), this subsection applies to the calculation of state tuition support
1021+35 distributions that are based on the current ADM of a school
1022+36 corporation. The fall count of ADM, as adjusted by the state board
1023+37 under section 2 3.5 of this chapter, shall be used to compute state
1024+38 tuition support distributions made in the first six (6) months of the
1025+39 current state fiscal year, and the spring count of ADM, as adjusted by
1026+40 the state board under section 2 3.5 of this chapter, shall be used to
1027+41 compute state tuition support distributions made in the second six (6)
1028+42 months of the state fiscal year.
1029+EH 1093—LS 6958/DI 110 23
1030+1 (b) This subsection applies to a school corporation that does not
1031+2 provide the estimates required by section 2(b) 2(c) of this chapter
1032+3 before the deadline. For monthly state tuition support distributions
1033+4 made before the count of ADM is finalized, the department shall
1034+5 determine the distribution amount for such a school corporation for a
1035+6 state fiscal year of the biennium, using data that were used by the
1036+7 general assembly in determining the state tuition support appropriation
1037+8 for the budget act for that state fiscal year. The department may adjust
1038+9 the data used under this subsection for errors.
1039+10 (c) If the state board adjusts a count of ADM after a distribution is
1040+11 made under this article, the adjusted count retroactively applies to the
1041+12 amount of state tuition support distributed to a school corporation
1042+13 affected by the adjusted count. The department shall settle any
1043+14 overpayment or underpayment of state tuition support resulting from
1044+15 an adjusted count of ADM on the schedule determined by the
1045+16 department and approved by the budget agency.
1046+17 SECTION 26. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
1047+18 The definitions in IC 20 apply throughout this SECTION.
1048+19 (b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
1049+20 board shall assign to a school or school corporation a "null" or "no
1050+21 letter grade" for the 2021-2022 school year. However, the most
1051+22 recent results of the school's ILEARN assessment must be included
1052+23 on the school's Internet web site.
1053+24 (c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
1054+25 board shall assign an adult high school a "null" or "no letter
1055+26 grade" category for the 2021-2022 school year.
1056+27 (d) This SECTION expires January 1, 2025.
1057+28 SECTION 27. An emergency is declared for this act.
1058+EH 1093—LS 6958/DI 110 24
1059+COMMITTEE REPORT
1060+Mr. Speaker: Your Committee on Education, to which was referred
1061+House Bill 1093, has had the same under consideration and begs leave
1062+to report the same back to the House with the recommendation that said
1063+bill be amended as follows:
1064+Page 6, line 32, delete "eleven (11)" and insert "thirteen (13)".
1065+Page 7, between lines 23 and 24, begin a new line block indented
1066+and insert:
1067+"(6) One (1) member who:
2721068 (A) is appointed by the minority leader of the house of
2731069 representatives;
2741070 (B) is not a member of the general assembly; and
2751071 (C) shall serve as a nonvoting member.
2761072 (7) One (1) member who:
2771073 (A) is appointed by the minority leader of the senate;
2781074 (B) is not a member of the general assembly; and
279-(C) shall serve as a nonvoting member.
280-(c) Subject to section 5.1 of this chapter, members appointed
281-under subsection (b)(3) through (b)(7) serve for three (3) year
282-terms. The members of the committee serve at the pleasure of the
283-appointing authority.
284-(c) (d) The governor shall appoint the a member of the committee
285-to serve as chairperson of the committee. The committee shall meet
286-at least six (6) times each calendar year at the call of the
287-chairperson.
288-(d) (e) The division shall, in consultation with the department of
289-education, staff the committee.
290-(e) (f) The expenses of the committee shall be paid from the funds
291-of the division.
292-(f) (g) Each member of the committee who is not a state employee
293-is entitled to the minimum salary per diem provided by
294-IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
295-HEA 1093 — CC 1 8
296-traveling expenses as provided under IC 4-13-1-4 and other expenses
297-actually incurred in connection with the member's duties as provided
298-in the state policies and procedures established by the Indiana
299-department of administration and approved by the budget agency.
300-(g) (h) Each member of the committee who is a state employee but
301-who is not a member of the general assembly is entitled to
302-reimbursement for traveling expenses as provided under IC 4-13-1-4
303-and other expenses actually incurred in connection with the member's
304-duties as provided in the state policies and procedures established by
305-the Indiana department of administration and approved by the budget
306-agency.
307-(h) (i) Each member of the committee who is a member of the
308-general assembly is entitled to receive the same per diem, mileage, and
309-travel allowances paid to legislative members of interim study
310-committees established by the legislative council. Per diem, mileage,
311-and travel allowances paid under this section shall be paid from
312-appropriations made to the legislative council or the legislative services
313-agency.
314-(i) (j) The affirmative votes of a majority of the voting members
315-appointed to the committee are required for the committee to take
316-action on any measure, including final reports.
317-SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
1075+(C) shall serve as a nonvoting member.".
1076+Page 7, line 25, delete "(b)(5)" and insert "(b)(7)".
1077+Page 8, delete lines 18 through 30, begin a new paragraph and
1078+insert:
1079+"SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
3181080 CODE AS A NEW SECTION TO READ AS FOLLOWS
3191081 [EFFECTIVE APRIL 1, 2022]: Sec. 5.1. (a) As used in this section,
3201082 "committee" refers to the early learning advisory committee
3211083 established by section 5 of this chapter.
3221084 (b) The term of a member who was appointed to the committee
3231085 before April 1, 2022, expires on April 1, 2022.
3241086 (c) Not later than June 30, 2022, the applicable appointing
3251087 authorities shall appoint members to the committee in accordance
3261088 with section 5 of this chapter.
3271089 (d) The initial appointments by the governor described in
3281090 section 5(b)(3) of this chapter shall begin not later than July 1,
3291091 2022, and the initial terms of the members initially appointed
3301092 under section 5(b)(3) of this chapter are as follows:
3311093 (1) The members appointed under section 5(b)(3)(A),
3321094 5(b)(3)(C), 5(b)(3)(D), and 5(b)(3)(G) of this chapter shall
3331095 serve an initial term of two (2) years.
3341096 (2) The members appointed under section 5(b)(3)(B),
3351097 5(b)(3)(E), and 5(b)(3)(F) of this chapter shall serve an initial
3361098 term of three (3) years.
337-(e) This section expires January 1, 2026.
338-HEA 1093 — CC 1 9
339-SECTION 5. IC 20-19-3-15, AS ADDED BY P.L.223-2015,
340-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
341-JULY 1, 2022]: Sec. 15. (a) This section does not apply to a school
342-promotional item that has minimal monetary value.
343-(b) As used in this section, "participating entity" has the
344-meaning set forth in IC 20-51.4-2-6.
345-(b) (c) As used in this section, "school" means any of the following:
346-(1) A school corporation.
347-(2) A charter school, including a conversion charter school or a
348-virtual charter school.
349-(3) A nonpublic school that has any students enrolled who receive
350-a choice scholarship under IC 20-51-4.
351-(c) (d) A school, a participating entity, an employee of a school
352-or a participating entity, or a member or representative of an
353-association affiliated with a school employee organization (as
354-defined in IC 20-29-2-14) may not offer or give, as an enrollment
355-incentive to enroll, reenroll, or continue attending a school, any item
356-that has monetary value, including cash or a gift card, that may be used
357-at a retail store, grocery store, online store, or other commercial
358-enterprise, to:
359-(1) a student or prospective student (or the parent of a student or
360-prospective student) in exchange for enrolling, reenrolling, or
361-incentivizing continued attendance of the student or
362-prospective student at the school; or
363-(2) any person in exchange for referring a prospective student to
364-the school.
365-SECTION 6. IC 20-24-2.1-2, AS AMENDED BY P.L.250-2017,
366-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
367-JULY 1, 2022]: Sec. 2. The charter board shall establish a process to:
368-(1) review a proposal to establish a charter school under
369-IC 20-24-3-4;
370-(2) make a decision on the proposal as required under
371-IC 20-24-3-9;
372-(3) monitor charter schools authorized by the charter board; and
373-(4) make decisions on the renewal, nonrenewal, and revocation of
374-charters granted by the charter board.
375-SECTION 7. IC 20-24-2.1-3 IS REPEALED [EFFECTIVE JULY
376-1, 2022]. Sec. 3. The department shall provide staff to carry out the
377-duties of the charter board under this chapter until the time when the
378-charter board begins receiving administrative fees pursuant to
379-IC 20-24-7-4(e). At that time, the charter board may hire staff to carry
380-out the duties of the charter board under this chapter.
381-HEA 1093 — CC 1 10
382-SECTION 8. IC 20-24-2.1-3.5 IS ADDED TO THE INDIANA
383-CODE AS A NEW SECTION TO READ AS FOLLOWS
384-[EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The charter board shall
385-appoint an executive director to carry out the duties and daily
386-operations of the charter board. The executive director may be
387-removed by the charter board for just cause.
388-(b) The executive director's duties include the following:
389-(1) To carry out the duties and responsibilities of the charter
390-board under this chapter.
391-(2) To hire staff as necessary to ensure efficient and effective
392-operation of the charter board.
393-(3) To pay the reasonable and necessary traveling and other
394-expenses of an employee, a member, or an agent of the charter
395-board.
396-(4) To request from any public agency the assistance, services,
397-and data that will enable the charter board to properly carry
398-out the charter board's functions and powers.
399-(c) The executive director has financial and signatory powers
400-necessary to ensure efficient and effective charter board
401-operations. In addition, the charter board may authorize the
402-executive director to carry out any or all of the charter board's
403-powers under section 2 of this chapter unless otherwise prohibited
404-by law.
405-SECTION 9. IC 20-24-2.1-4, AS ADDED BY P.L.91-2011,
406-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
407-JULY 1, 2022]: Sec. 4. (a) Funding for the charter board consists of
408-administrative fees collected under IC 20-24-7-4.
409-(b) The Indiana charter school board fund is established for the
410-purpose of funding the charter board.
411-(c) The fund consists of administrative fees collected under
412-IC 20-24-7-4.
413-(d) The charter board shall administer the fund.
414-(e) Money in the fund at the end of a state fiscal year does not
415-revert to the state general fund but remains available to be used for
416-the purposes of this chapter.
417-(f) Money in the fund is appropriated continuously for the
418-purposes of this chapter.
419-SECTION 10. IC 20-26-18.2-1, AS AMENDED BY P.L.30-2014,
420-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
421-JULY 1, 2022]: Sec. 1. (a) As used in this chapter, "school resource
422-officer" means an individual a law enforcement officer who:
423-(1) has completed the training described in subsection (b);
424-HEA 1093 — CC 1 11
425-(2) is assigned to one (1) or more school corporations or charter
426-schools during school hours to:
427-(A) assist the school safety specialist with the development
428-and implementation of the school safety plan as provided in
429-section 2 of this chapter; and
430-(B) carry out any additional responsibilities assigned to the
431-school resource officer under the employment engagement,
432-contract, or memorandum of understanding and to provide
433-law enforcement services to:
434-(i) protect against outside threats to the physical safety of
435-students;
436-(ii) prevent unauthorized access to school property; and
437-(iii) secure schools against violence and natural disasters;
438-and
439-(3) is:
440-(A) employed by a law enforcement agency;
441-(B) appointed as a police reserve officer (as described in
442-IC 36-8-3-20) or as a special deputy (as described in
443-IC 36-8-10-10.6) if the police reserve officer or special deputy:
444-(i) is subject to the direction of the sheriff or appointing law
445-enforcement agency;
446-(ii) is required to obey the rules and orders of the sheriff's
447-department or appointing law enforcement agency;
448-(iii) is required to complete all training required of regular
449-full-time law enforcement officers employed by the sheriff's
450-department or appointing law enforcement agency; and
451-(iv) may be removed by the sheriff or appointing law
452-enforcement agency at any time, with or without cause; or
453-(C) a school corporation police officer appointed under
454-IC 20-26-16-3.
455-The term does not include a law enforcement officer who is
1099+(e) This section expires January 1, 2026.".
1100+Page 10, line 29, strike "an individual" and insert "a law
1101+EH 1093—LS 6958/DI 110 25
1102+enforcement officer".
1103+Page 11, line 24, delete "The individual" and insert "The law
1104+enforcement officer".
1105+Page 12, line 23, delete "individual" and insert "law enforcement
1106+officer".
1107+and when so amended that said bill do pass.
1108+(Reference is to HB 1093 as introduced.)
1109+BEHNING
1110+Committee Vote: yeas 13, nays 0.
1111+_____
1112+HOUSE MOTION
1113+Mr. Speaker: I move that House Bill 1093 be amended to read as
1114+follows:
1115+Page 12, line 36, delete "After" and insert "This subsection does
1116+not apply to a school corporation that only has full-time school
1117+resource officers who are either employees of the school
1118+corporation's school police department or are employees of the
1119+school corporation who have successfully completed the law
1120+enforcement basic training requirements described in
1121+IC 5-2-1-9(d). After".
1122+(Reference is to HB 1093 as printed January 10, 2022.)
1123+BEHNING
1124+_____
1125+COMMITTEE REPORT
1126+Madam President: The Senate Committee on Education and Career
1127+Development, to which was referred House Bill No. 1093, has had the
1128+same under consideration and begs leave to report the same back to the
1129+Senate with the recommendation that said bill be AMENDED as
1130+follows:
1131+Page 9, between lines 31 and 32, begin a new paragraph and insert:
1132+"(e) Curricular materials and educational services are not
1133+EH 1093—LS 6958/DI 110 26
1134+enrollment incentives under this section.".
1135+Page 11, between lines 35 and 36, begin a new line blocked left and
1136+insert:
1137+"The term does not include a law enforcement officer who is
4561138 assigned to a school to provide security outside a school building
4571139 for protection from outside threats, traffic duty, or other duties not
458-consistent with the duties of a school resource officer.
459-(b) Before being appointed as a school resource officer, an
460-individual must have
461-(1) successfully completed the minimum training requirements
462-established for law enforcement officers under IC 5-2-1-9. and
463-(2) received
464-(c) The law enforcement officer appointed as a school resource
465-officer must receive at least forty (40) hours of school resource officer
466-training through:
467-HEA 1093 — CC 1 12
468-(A) (1) the Indiana law enforcement training board established by
469-IC 5-2-1-3;
470-(B) (2) the National Association of School Resource Officers; or
471-(C) (3) another school resource officer training program approved
472-by the Indiana law enforcement training board;
473-within one hundred eighty (180) days from the date the individual
474-is initially assigned the duties of a school resource officer.
475-However, if the current ADM of a school corporation is less than
476-one thousand (1,000) students, the individual shall complete the
477-school resource officer training within three hundred sixty-five
478-(365) days of the date the individual is initially assigned the duties
479-of a school resource officer.
480-(c) (d) Training described in subsection (b)(2) (c) must include
481-instruction regarding skills, tactics, and strategies necessary to address
482-the special nature of:
483-(1) school campuses; and
484-(2) school building security needs and characteristics.
485-SECTION 11. IC 20-26-18.2-2, AS AMENDED BY P.L.272-2019,
486-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
487-JULY 1, 2022]: Sec. 2. (a) A school resource officer may be employed:
488-(1) by one (1) or more school corporations or charter schools
489-through a contract between a local law enforcement agency and
490-the school corporation or school corporations or the charter school
491-or charter schools;
492-(2) by one (1) or more school corporations or charter schools;
493-(3) by a local law enforcement agency that assigns the school
494-resource officer to one (1) or more school corporations or charter
495-schools through a memorandum of understanding between the
496-local law enforcement agency and the school corporation or
497-school corporations or the charter school or charter schools; or
498-(4) through a contract between an Indiana business that employs
499-persons who meet the qualifications of a school resource officer
500-and the school corporation or school corporations or the charter
501-school or charter schools.
502-(b) A contract or This subsection does not apply to a school
503-corporation that only has full-time school resource officers who are
504-either employees of the school corporation's school police
505-department or are employees of the school corporation who have
506-successfully completed the law enforcement basic training
507-requirements described in IC 5-2-1-9(d). After June 30, 2023, if a
508-school corporation or charter school enters into a contract for a
509-school resource officer, the school corporation or charter school
510-HEA 1093 — CC 1 13
511-must enter into a memorandum of understanding with the law
512-enforcement agency that employs or appointed the law
513-enforcement officer who will perform the duties of a school
514-resource officer. The memorandum of understanding entered into
515-under subsection (a) must state the nature and scope of a school
516-resource officer's duties and responsibilities. A school resource officer's
517-duties and responsibilities include the duty to assist the school
518-corporation's school safety specialist with the development and
519-implementation of a school safety plan that does the following:
520-(1) Protects against outside threats to the physical safety of
521-students.
522-(2) Prevents unauthorized access to school property.
523-(3) Secures schools against violence and natural disasters.
524-(4) On or before July 1, 2020, identifies the location of bleeding
525-control kits (as defined in IC 20-34-3-24(a)).
526-(c) A school resource officer shall consult with local law
527-enforcement officials and first responders when assisting the school
528-corporation's school safety specialist in the development of the school
529-safety plan.
530-(d) A school resource officer shall participate in the development of
531-programs designed to identify, assess, and provide assistance to
532-troubled youth.
533-(e) A school resource officer may not be reassigned to other duties
534-by the school corporation.
535-SECTION 12. IC 20-28-5-18, AS AMENDED BY P.L.92-2020,
536-SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
537-JULY 1, 2022]: Sec. 18. (a) This section applies to an individual who:
538-(1) holds a valid teaching license issued by another state
539-(excluding a teaching license equivalent to an Indiana temporary
540-or emergency teaching license) in the same content area or areas
541-for which the individual is applying for a license in Indiana; and
542-(2) was required to pass a content licensure test to obtain the
543-license described in subdivision (1).
544-(b) Notwithstanding sections 3 and 12 of this chapter, the
545-department shall grant one (1) of the following licenses to an individual
546-described in subsection (a):
547-(1) If the individual has less than three (3) two (2) years of
548-full-time teaching experience, an initial practitioner's license.
549-(2) If the individual has at least three (3) two (2) years of full-time
550-teaching experience, a practitioner's license.
551-(3) If the individual has a master's degree from a regionally
552-accredited institution and at least two (2) years of full-time
553-HEA 1093 — CC 1 14
554-teaching experience, an accomplished practitioner's license.
555-(c) An individual who is granted a license under this section shall
556-comply with the training or certification requirements prescribed by the
557-state board under IC 20-28-5.5-1(b).
558-SECTION 13. IC 20-30-2-2.7 IS ADDED TO THE INDIANA
559-CODE AS A NEW SECTION TO READ AS FOLLOWS
560-[EFFECTIVE JULY 1, 2022]: Sec. 2.7. (a) This section applies to the
561-following:
562-(1) Except as provided in subsection (b), a public school
563-maintained by a school corporation.
564-(2) A charter school that is not a virtual charter school (as
565-defined in IC 20-24-1-10).
566-(b) This section does not apply to a dedicated virtual education
567-school.
568-(c) As used in this section, "virtual student instructional day"
569-means a student instructional day to which the following apply:
570-(1) A school provides virtual instruction or remote learning to
571-at least fifty percent (50%) of the students enrolled to attend
572-in-person instruction at the school.
573-(2) A school counts the student instructional day toward
574-meeting the one hundred eighty (180) day requirement
575-established by section 3 of this chapter.
576-(d) Except as provided in subsections (e) and (g), a school shall
577-deliver:
578-(1) teacher directed synchronous instruction; or
579-(2) a hybrid of:
580-(A) teacher directed synchronous instruction for at least
581-fifty percent (50%) of the particular instructional day; and
582-(B) asynchronous learning;
583-during the instructional time of a virtual student instructional day.
584-(e) Except as provided in subsection (g), a school may conduct
585-not more than three (3) virtual student instructional days each
586-school year that do not meet the requirements under subsection
587-(d).
588-(f) Except as provided in subsection (g), if a school conducts a
589-student instructional day described in subsection (c)(1) that does
590-not meet the requirements of this section, the school may not count
591-the student instructional day toward meeting the one hundred
592-eighty (180) day requirement established by section 3 of this
593-chapter.
594-(g) A school may submit to the department a request to waive
595-the requirements set forth in this section to include a virtual
596-HEA 1093 — CC 1 15
597-student instructional day otherwise excluded under subsection (f)
598-to meet the one hundred eighty (180) day requirement established
599-by section 3 of this chapter if the virtual student instructional day
600-was conducted because of extraordinary circumstances. The
601-department may waive the requirements for the school after
602-consideration of the request.
603-(h) The state board may adopt rules under IC 4-22-2 to
604-implement this section. However, the state board shall, in
605-consultation with the department, adopt rules under IC 4-22-2 that
606-define teacher directed synchronous instruction and asynchronous
607-learning and provide that the instruction or learning must be of the
608-same quality and rigor as required under section 2.5(b) of this
609-chapter.
610-SECTION 14. IC 20-30-2-4, AS ADDED BY P.L.1-2005,
611-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
612-JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), if a school
613-corporation fails to conduct the minimum number of student
614-instructional days during a school year as required under section 3 of
615-this chapter, the department shall reduce the August tuition support
616-distribution to that school corporation for a school year by an amount
617-determined as follows:
618-STEP ONE: Determine the remainder of:
619-(A) the amount of the total tuition support allocated to the
620-school corporation for the particular school year; minus
621-(B) that part of the total tuition support allocated to the school
622-corporation for that school year with respect to student
623-instructional days one hundred seventy-six (176) through one
624-hundred eighty (180).
625-STEP TWO: Subtract the number of student instructional days
626-that the school corporation conducted from one hundred eighty
627-(180).
628-STEP THREE: Determine the lesser of five (5) or the remainder
629-determined under STEP TWO.
630-STEP FOUR: Divide the amount subtracted under STEP ONE (B)
631-by five (5).
632-STEP FIVE: Multiply the quotient determined under STEP FOUR
633-by the number determined under STEP THREE.
634-STEP SIX: Subtract the number determined under STEP THREE
635-from the remainder determined under STEP TWO.
636-STEP SEVEN: Divide the remainder determined under STEP
637-ONE by one hundred seventy-five (175).
638-STEP EIGHT: Multiply the quotient determined under STEP
639-HEA 1093 — CC 1 16
640-SEVEN by the remainder determined under STEP SIX.
641-STEP NINE: Add the product determined under STEP FIVE to
642-the product determined under STEP EIGHT.
643-(b) If fewer than all of the schools in a school corporation fail to
644-conduct the minimum number of student instructional days during
645-a school year as required under section 3 of this chapter, the
646-reduction in August tuition support required by this section shall
647-take into account only the schools in the school corporation that
648-failed to conduct the minimum number of student instructional
649-days and only the grades for which the required number of student
650-instructional days was not conducted.
651-SECTION 15. IC 20-32-5.1-12, AS ADDED BY P.L.242-2017,
652-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
653-JULY 1, 2022]: Sec. 12. (a) The department shall establish policies and
654-procedures that foster, to the extent possible, the scoring of student
655-responses of an open ended writing assessment on a statewide
656-assessment by Indiana teachers. The teacher may not grade student
657-responses of students who are enrolled in the same school corporation,
658-charter school, state accredited nonpublic school, or eligible school (as
659-defined in IC 20-51-1-4.7) in which the teacher is currently employed.
660-(b) The scoring of student responses under a statewide assessment:
661-(1) must adhere to scoring rubrics and anchor papers;
662-(2) must measure student achievement relative to the academic
663-standards established by the state board; and
664-(3) may not reflect the scorer's judgment of the values expressed
665-by a student in the student's responses.
666-(c) The department, in consultation with the technical advisory
667-committee established by the state board, shall conduct a study to
668-analyze and determine the reliability of machine scoring student
669-responses to items on the statewide assessment. After conducting
670-the study, the department may, if recommended by the technical
671-advisory committee, utilize machine scoring for purposes of
672-scoring student responses to items on the statewide assessment.
673-SECTION 16. IC 20-32-5.1-13, AS ADDED BY P.L.242-2017,
1140+consistent with the duties of a school resource officer.".
1141+Page 15, between lines 25 and 26, begin a new paragraph and insert:
1142+"SECTION 15. IC 20-32-5.1-13, AS ADDED BY P.L.242-2017,
6741143 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6751144 JULY 1, 2022]: Sec. 13. (a) The proficiency of students under a
6761145 statewide assessment must be reported to the state board not later than:
6771146 (1) for the 2018-2019 school year, August 15, 2019; and
6781147 (2) for each school year beginning after June 30, 2019, July 1 of
6791148 the year in which the statewide assessment is administered.
6801149 (b) Reports of student scores on the statewide assessment must be:
6811150 (1) returned to the school corporation, charter school, state
682-HEA 1093 — CC 1 17
6831151 accredited nonpublic school, or eligible school (as defined in
6841152 IC 20-51-1-4.7) that administered the test; and
6851153 (2) accompanied by a guide for interpreting scores.
6861154 (c) Subject to approval by the state board, reports of student results
6871155 on computer scored items under a statewide assessment may be
6881156 returned to schools regardless of whether the hand scored items are
6891157 returned.
6901158 (d) After reports of final student scores on the statewide assessment
6911159 are returned to a school corporation, charter school, state accredited
6921160 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7), the
6931161 school corporation or school shall promptly do the following:
6941162 (1) Give each student and the student's parent the student's
695-statewide assessment test scores, including (if applicable) the
696-summary described in section 14.5 of this chapter.
1163+statewide assessment test scores, including the summary
1164+described in section 14.5 of this chapter.
6971165 (2) Make available for inspection to each student and the student's
6981166 parent the following:
6991167 (A) A copy of the student's scored responses.
7001168 (B) A copy of the anchor papers and scoring rubrics used to
7011169 score the student's responses.
7021170 A student's parent or the student's principal may request a rescoring of
7031171 a student's responses to a statewide assessment, including a student's
7041172 essay. A student's final score on a rescored statewide assessment must
7051173 reflect the student's actual score on the rescored statewide assessment
7061174 regardless of whether the student's score decreased or improved on the
7071175 rescored assessment.
1176+EH 1093—LS 6958/DI 110 27
7081177 (e) The department shall develop criteria to provide a student's
7091178 parent the opportunity to inspect questions in a manner that will not
7101179 compromise the validity or integrity of a statewide assessment.
7111180 (f) A student's statewide assessment scores may not be disclosed to
7121181 the public.
7131182 (g) The department may not release less than ten (10) items per
7141183 subject matter per grade level. The state board and department shall:
7151184 (1) post:
7161185 (A) the questions; and
7171186 (B) with the permission of each student's parent, student
7181187 answers that are exemplary responses to the released
7191188 questions;
7201189 on the Internet web sites of the state board and department; and
7211190 (2) publicize the availability of the questions and answers to
7221191 schools, educators, and the public.
7231192 A student answer posted under this subsection may not identify the
7241193 student who provided the answer.
725-HEA 1093 — CC 1 18
726-SECTION 17. IC 20-32-5.1-14, AS ADDED BY P.L.242-2017,
1194+SECTION 16. IC 20-32-5.1-14, AS ADDED BY P.L.242-2017,
7271195 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7281196 JULY 1, 2022]: Sec. 14. (a) After a school receives statewide
7291197 assessment score reports, the school shall offer a parent/teacher
7301198 conference to discuss a student's statewide assessment results with the
7311199 following:
7321200 (1) A parent of a student who requests a parent/teacher
7331201 conference on the statewide assessment scores of the student.
7341202 (2) The parent of each student who does not receive a passing
7351203 score on the test.
7361204 a teacher who currently teaches a student shall discuss with a
7371205 parent of the student the student's statewide assessment results at
738-the next parent/teacher conference if the parent participates in the
739-parent/teacher conference. If a school does not hold parent/teacher
740-conferences, a teacher who currently teaches a student shall send
741-a notice to a parent of the student offering to meet with the parent
742-to discuss the student's statewide assessment results and, upon the
743-parent's request, meet with the parent.
1206+the next parent/teacher conference. If a school does not hold
1207+parent/teacher conferences, a teacher who currently teaches a
1208+student shall send a notice to a parent of the student offering to
1209+meet with the parent to discuss the student's statewide assessment
1210+results and, upon the parent's request, meet with the parent.
7441211 (b) The department shall provide enrichment resources to parents
7451212 and students to provide assistance to students in subject matter
7461213 included in the student's most recently completed statewide assessment.
747-SECTION 18. IC 20-32-5.1-14.5 IS ADDED TO THE INDIANA
1214+SECTION 17. IC 20-32-5.1-14.5 IS ADDED TO THE INDIANA
7481215 CODE AS A NEW SECTION TO READ AS FOLLOWS
7491216 [EFFECTIVE JULY 1, 2022]: Sec. 14.5. For a contract entered into
7501217 or renewed after June 30, 2022, with a vendor to conduct the
751-statewide assessment, the department may include in the contract
1218+statewide assessment, the department shall include in the contract
1219+EH 1093—LS 6958/DI 110 28
7521220 a requirement that the vendor provide a summary of a student's
7531221 statewide assessment results that:
7541222 (1) is in an easy to read, understandable format for parents;
7551223 and
7561224 (2) includes information regarding how the student's
7571225 statewide assessment results compare to statewide assessment
758-results of other students in the same grade level in Indiana.
759-SECTION 19. IC 20-40-2-6, AS AMENDED BY P.L.161-2019,
760-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
761-JULY 1, 2022]: Sec. 6. (a) Each school corporation shall make every
762-reasonable effort to transfer not more than fifteen percent (15%) of the
763-total revenue deposited in the school corporation's education fund from
764-the school corporation's education fund to the school corporation's
765-operations fund during a calendar year.
766-(b) Only after the transfer is authorized by the governing body in a
767-public meeting with public notice, money in the education fund may be
768-HEA 1093 — CC 1 19
769-transferred to the operations fund to cover expenditures that are not
770-allocated to student instruction and learning under IC 20-42.5. The
771-amount transferred from the education fund to the operations fund shall
772-be reported by the school corporation to the department. The transfers
773-made during the:
774-(1) first six (6) months of each state fiscal year shall be reported
775-before January 31 of the following year; and
776-(2) last six (6) months of each state fiscal year shall be reported
777-before July 31 of that year.
778-(c) The report must include information as required by the
779-department and in the form required by the department.
780-(d) The department must post the report submitted under subsection
781-(b) on the department's Internet web site.
782-(e) Beginning in 2020, the department shall track for each school
783-corporation transfers from the school corporation's education fund to
784-its operations fund for the preceding six (6) month period. Beginning
785-in 2021, before February March 1 of each year, the department shall
786-compile an excessive education fund transfer list comprised of all
787-school corporations that transferred more than fifteen percent (15%) of
788-the total revenue deposited in the school corporation's education fund
789-from the school corporation's education fund to the school corporation's
790-operations fund during the immediately preceding calendar year. A
791-school corporation that is not included on the excessive education fund
792-transfer list is considered to have met the education fund transfer target
793-percentage for the immediately preceding calendar year.
794-SECTION 20. IC 20-40-2-9, AS ADDED BY P.L.161-2019,
795-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
796-JULY 1, 2022]: Sec. 9. (a) For each school corporation included on the
797-excessive education fund transfer list required under section 6 of this
798-chapter, the department shall, not later than March April 1 of each
799-year, submit in both a written and an electronic format a notice to the
800-school corporation's superintendent, school business officer, and
801-governing body that the school corporation did not meet its education
802-fund transfer target percentage for the previous calendar year.
803-(b) If a school corporation's governing body receives a notice from
804-the department under subsection (a), the school corporation shall do all
805-of the following:
806-(1) Publicly acknowledge receipt of the excessive education fund
807-transfer list notice from the department at the governing body's
808-next public meeting.
809-(2) Enter into the governing body's official minutes for that
810-meeting acknowledgment of the notice.
811-HEA 1093 — CC 1 20
812-(3) Publish on the school corporation's Internet web site the
813-department's notice and any relevant individual reports prepared
814-by the department within thirty (30) days after the public meeting.
815-SECTION 21. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
816-The definitions in IC 20 apply throughout this SECTION.
817-(b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
818-board shall assign to a school or school corporation a "null" or "no
819-letter grade" for the 2021-2022 school year. However, the most
820-recent results of the school's ILEARN assessment must be included
821-on the school's Internet web site.
822-(c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
823-board shall assign an adult high school a "null" or "no letter
824-grade" category for the 2021-2022 school year.
825-(d) This SECTION expires January 1, 2025.
826-SECTION 22. An emergency is declared for this act.
827-HEA 1093 — CC 1 Speaker of the House of Representatives
828-President of the Senate
829-President Pro Tempore
830-Governor of the State of Indiana
831-Date: Time:
832-HEA 1093 — CC 1
1226+results of other students in the same grade level in Indiana.".
1227+Renumber all SECTIONS consecutively.
1228+and when so amended that said bill do pass and be reassigned to the
1229+Senate Committee on Appropriations.
1230+(Reference is to HB 1093 as reprinted January 14, 2022.)
1231+RAATZ, Chairperson
1232+Committee Vote: Yeas 10, Nays 1.
1233+_____
1234+COMMITTEE REPORT
1235+Madam President: The Senate Committee on Appropriations, to
1236+which was referred House Bill No. 1093, has had the same under
1237+consideration and begs leave to report the same back to the Senate with
1238+the recommendation that said bill be AMENDED as follows:
1239+Page 15, between lines 9 and 10, begin a new paragraph and insert:
1240+"(c) If the total amount of state tuition support that a school
1241+corporation receives or will receive during a school year decreases
1242+under this section by an amount that is equal to or more than two
1243+hundred fifty thousand dollars ($250,000) from the amount the
1244+school corporation would otherwise be eligible to receive during
1245+the school year as determined under IC 20-43, the budget
1246+committee shall review the amount of and the reason for the
1247+decrease before implementation of the decrease.".
1248+Page 16, line 11, after "including" insert "(if applicable)".
1249+Page 17, line 23, delete "shall" and insert "may".
1250+Page 18, after line 42, begin a new paragraph and insert:
1251+"SECTION 20. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
1252+SECTION 212, IS AMENDED TO READ AS FOLLOWS
1253+[EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
1254+distributions under this article that are computed in any part based on
1255+a count of students under IC 20-43-4-2.
1256+(b) If the state board subsequently adjusts under IC 20-43-4-2
1257+EH 1093—LS 6958/DI 110 29
1258+IC 20-43-4-3.5 a count used for a distribution under this article, the
1259+department shall adjust subsequent distributions to the school
1260+corporation that are affected by the adjusted count, on the schedule
1261+determined by the department, to reflect the differences between the
1262+distribution that the school corporation received and the distribution
1263+that the school corporation would have received if the adjusted count
1264+had been used.
1265+SECTION 21. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
1266+SECTION 162, IS AMENDED TO READ AS FOLLOWS
1267+[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
1268+chapter, a school corporation's ADM is the number of eligible pupils
1269+enrolled in:
1270+(1) the school corporation; or
1271+(2) a transferee corporation;
1272+on the day fixed in September by the state board for a fall count of
1273+students under section 3 of this chapter and, if applicable, as
1274+subsequently adjusted not later than the date specified under the rules
1275+adopted by the state board. The state board may adjust the school's
1276+count of eligible pupils if the state board determines that the count is
1277+unrepresentative of the school corporation's enrollment. In addition, a
1278+school corporation may petition the state board to make an adjusted
1279+count of students enrolled in the school corporation if the corporation
1280+has reason to believe that the count is unrepresentative of the school
1281+corporation's enrollment. In addition, under section 3.5 of this
1282+chapter.
1283+(b) Subject to section 3.7 of this chapter, a school corporation
1284+shall determine the number of eligible pupils enrolled in:
1285+(1) the school corporation; or
1286+(2) a transferee corporation;
1287+on the day fixed in February by the state board for a spring count of
1288+students under section 3 of this chapter and, if applicable, as
1289+subsequently adjusted under this chapter or under rules adopted by the
1290+state board. section 3.5 of this chapter.
1291+(b) (c) Each school corporation shall, before April 1 of each year,
1292+provide to the department an estimate of the school corporation's ADM
1293+that will result from the count of eligible pupils in the following
1294+September. The department may update and adjust the estimate as
1295+determined appropriate by the department. In each odd-numbered year,
1296+the department shall provide the updated and adjusted estimate of the
1297+school corporation's ADM to the legislative services agency before
1298+April 10 of that year.
1299+(c) (d) A new charter school shall submit an enrollment estimate to
1300+EH 1093—LS 6958/DI 110 30
1301+the department before April 1 of the year the new charter school will
1302+be open for enrollment. The department shall use the new charter
1303+school's enrollment estimate as the basis for the new charter school's
1304+distribution beginning in July and until actual ADM is available,
1305+subject to section 9 of this chapter. However, if the new charter school's
1306+enrollment estimate is greater than eighty percent (80%) of the new
1307+charter school's authorized enrollment cap, the department may use that
1308+enrollment estimate if the department has requested and reviewed other
1309+enrollment data that support that enrollment estimate. However, if the
1310+enrollment data requested and reviewed by the department does not
1311+support the enrollment estimate submitted by the new charter school,
1312+the department shall determine the estimated ADM based on the
1313+enrollment data requested and reviewed by the department. In each
1314+odd-numbered year, the department shall provide the new charter
1315+school's estimated ADM to the legislative services agency before April
1316+10 of that year.
1317+SECTION 22. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
1318+SECTION 222, IS AMENDED TO READ AS FOLLOWS
1319+[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
1320+section 3.7 of this chapter, the state board shall make an ADM count
1321+of the eligible pupils enrolled in each school corporation two (2) times
1322+each school year, with one (1) count date occurring in each of the
1323+following periods:
1324+(1) The fall count of ADM shall be made on a day during
1325+September fixed by the state board.
1326+(2) The spring count of ADM shall be made on a day during
1327+February fixed by the state board.
1328+(b) However, if extreme patterns of:
1329+(1) student in-migration;
1330+(2) illness;
1331+(3) natural disaster; or
1332+(4) other unusual conditions in a particular school corporation's
1333+enrollment;
1334+on either a count day fixed by the state board or the subsequent
1335+adjustment date cause the enrollment to be unrepresentative of the
1336+school corporation's enrollment, the state board may designate another
1337+day for determining the school corporation's enrollment.
1338+SECTION 23. IC 20-43-4-3.5 IS ADDED TO THE INDIANA
1339+CODE AS A NEW SECTION TO READ AS FOLLOWS
1340+[EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The state board may
1341+adjust an enrollment count of eligible pupils of one (1) or more
1342+school corporations under this section not later than a date
1343+EH 1093—LS 6958/DI 110 31
1344+established under the rules adopted by the state board.
1345+(b) If the state board determines that an enrollment count of
1346+eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
1347+or more school corporations is unrepresentative by a count that
1348+would increase or decrease the total distribution of state tuition
1349+support in an amount that is less than two hundred fifty thousand
1350+dollars ($250,000), the state board may adjust the enrollment count
1351+for the one (1) or more school corporations.
1352+(c) If the state board determines that an enrollment count of
1353+eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
1354+or more school corporations is unrepresentative by a count that
1355+would increase or decrease the total distribution of state tuition
1356+support in an amount that is equal to or more than two hundred
1357+fifty thousand dollars ($250,000), the state board may adjust the
1358+enrollment count for the one (1) or more school corporations after
1359+review by the budget committee.
1360+(d) A school corporation may petition the state board to make
1361+an adjusted count of eligible pupils enrolled in the school
1362+corporation if the school corporation has reason to believe that the
1363+count is unrepresentative of the school corporation's enrollment.
1364+SECTION 24. IC 20-43-4-3.7 IS ADDED TO THE INDIANA
1365+CODE AS A NEW SECTION TO READ AS FOLLOWS
1366+[EFFECTIVE JULY 1, 2022]: Sec. 3.7. (a) This section applies if the
1367+state board determines that extreme patterns of:
1368+(1) student in-migration;
1369+(2) illness;
1370+(3) natural disaster; or
1371+(4) other unusual conditions in a particular school
1372+corporation's enrollment;
1373+on the count day established under section 3 of this chapter or the
1374+subsequent adjustment date established under section 3.5 of this
1375+chapter cause the enrollment count of eligible pupils to be
1376+unrepresentative of the enrollment of one (1) or more school
1377+corporations.
1378+(b) If the state board determines that the:
1379+(1) count day or subsequent adjustment date is
1380+unrepresentative of the enrollment of one (1) or more school
1381+corporations as described in subsection (a); and
1382+(2) enrollment count of the one (1) or more school
1383+corporations described in subdivision (1) would be
1384+unrepresentative by a count that would increase or decrease
1385+the total distribution of state tuition support in an amount
1386+EH 1093—LS 6958/DI 110 32
1387+that is less than two hundred fifty thousand dollars ($250,000)
1388+as a result of changing the count day;
1389+the state board may designate another day for determining the
1390+enrollment of the one (1) or more school corporations.
1391+(c) If the state board determines that the:
1392+(1) count day or subsequent adjustment date is
1393+unrepresentative of the enrollment of one (1) or more school
1394+corporations as described in subsection (a); and
1395+(2) enrollment count of the one (1) or more school
1396+corporations described in subdivision (1) would be
1397+unrepresentative by a count that would increase or decrease
1398+the total distribution of state tuition support in an amount
1399+that is equal to or more than two hundred fifty thousand
1400+dollars ($250,000) as a result of changing the count day;
1401+the state board may designate another day for determining the
1402+enrollment of the one (1) or more school corporations after review
1403+by the budget committee.
1404+SECTION 25. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
1405+SECTION 224, IS AMENDED TO READ AS FOLLOWS
1406+[EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
1407+(c), this subsection applies to the calculation of state tuition support
1408+distributions that are based on the current ADM of a school
1409+corporation. The fall count of ADM, as adjusted by the state board
1410+under section 2 3.5 of this chapter, shall be used to compute state
1411+tuition support distributions made in the first six (6) months of the
1412+current state fiscal year, and the spring count of ADM, as adjusted by
1413+the state board under section 2 3.5 of this chapter, shall be used to
1414+compute state tuition support distributions made in the second six (6)
1415+months of the state fiscal year.
1416+(b) This subsection applies to a school corporation that does not
1417+provide the estimates required by section 2(b) 2(c) of this chapter
1418+before the deadline. For monthly state tuition support distributions
1419+made before the count of ADM is finalized, the department shall
1420+determine the distribution amount for such a school corporation for a
1421+state fiscal year of the biennium, using data that were used by the
1422+general assembly in determining the state tuition support appropriation
1423+for the budget act for that state fiscal year. The department may adjust
1424+the data used under this subsection for errors.
1425+(c) If the state board adjusts a count of ADM after a distribution is
1426+made under this article, the adjusted count retroactively applies to the
1427+amount of state tuition support distributed to a school corporation
1428+affected by the adjusted count. The department shall settle any
1429+EH 1093—LS 6958/DI 110 33
1430+overpayment or underpayment of state tuition support resulting from
1431+an adjusted count of ADM on the schedule determined by the
1432+department and approved by the budget agency.".
1433+Renumber all SECTIONS consecutively.
1434+and when so amended that said bill do pass.
1435+(Reference is to EHB 1093 as printed February 18, 2022.)
1436+MISHLER, Chairperson
1437+Committee Vote: Yeas 8, Nays 4.
1438+_____
1439+SENATE MOTION
1440+Madam President: I move that Engrossed House Bill 1093 be
1441+amended to read as follows:
1442+Page 9, delete lines 32 through 33.
1443+Page 17, line 19, delete "." and insert "if the parent participates in
1444+the parent/teacher conference.".
1445+(Reference is to EHB 1093 as printed February 25, 2022.)
1446+RAATZ
1447+EH 1093—LS 6958/DI 110