Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1093
AN ACT to amend the Indiana Code concerning education and to
make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-21-1-2, AS AMENDED BY P.L.197-2019,
SECTION 3, AND AS AMENDED BY P.L.50-2019, SECTION 2,
AND AS AMENDED BY P.L.153-2019, SECTION 1, AND AS
AMENDED BY P.L.272-2019, SECTION 3, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
Sec. 2. (a) The Indiana secured school fund is established to provide:
(1) matching grants to enable school corporations, and charter
schools, and accredited nonpublic schools to establish programs
under which a school corporation, or charter school, or accredited
nonpublic school (or a coalition of schools) may:
(1) (A) employ a school resource officer, employ a law
enforcement officer, or enter into a contract or a memorandum
of understanding with a:
(A) (i) local law enforcement agency;
(B) (ii) private entity; or
(C) (iii) nonprofit corporation;
to employ a school resource officer or a law enforcement
officer;
(2) (B) conduct a threat assessment of the buildings within a
school corporation or the buildings that are operated by a
charter school or accredited nonpublic school; or
(3) (C) purchase equipment and technology to:
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(A) (i) restrict access to school property; or
(B) (ii) expedite notification of first responders; or
(4) (D) implement a student and parent support services plan
as described in section 4(a)(5) 4(a)(6) of this chapter; and
(2) one (1) time grants to enable school corporations, charter
schools, and accredited nonpublic schools with the sheriff for the
county in which the school corporation, charter school, or
accredited nonpublic school is located, to provide the initial set
up costs for an active event warning system.
(b) A school corporation or charter school may use money received
under a matching grant for a purpose listed in subsection (a) to
provide a response to a threat in a manner that the school corporation
or charter school sees fit, including firearms training or other
self-defense training.
(b) (c) The fund shall be administered by the department of
homeland security.
(c) (d) The fund consists of:
(1) appropriations from the general assembly;
(2) grants from the Indiana safe schools fund established by
IC 5-2-10.1-2;
(3) federal grants; and
(4) amounts deposited from any other public or private source.
(d) (e) The expenses of administering the fund shall be paid from
money in the fund.
(e) (f) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) (g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
SECTION 2. IC 10-21-1-4, AS AMENDED BY P.L.197-2019,
SECTION 5, AND AS AMENDED BY P.L.50-2019, SECTION 4,
AND AS AMENDED BY P.L.153-2019, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The board may award a
matching grant to enable a school corporation, or charter school, or
accredited nonpublic school (or a coalition of schools applying jointly)
to:
(1) establish a program to employ a school resource officer;
(2) employ a law enforcement officer;
(2) (3) provide school resource officer training described in
IC 20-26-18.2-1(b)(2); IC 20-26-18.2-1(c);
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(3) (4) conduct a threat assessment; or
(4) (5) purchase equipment to restrict access to the school or
expedite the notification of first responders; in accordance with
section 2(a) of this chapter; or
(5) (6) implement a student and parent support services plan in
the manner set forth in IC 20-34-9;
in accordance with section 2(a) of this chapter.
(b) A matching grant awarded to a school corporation, or charter
school, or accredited nonpublic school (or a coalition of schools
applying jointly) may not exceed the lesser of the following during a
two (2) year period beginning on or after May 1, 2013:
(1) The total cost of the program established by the school
corporation, or charter school, or accredited nonpublic school (or
the coalition of schools applying jointly).
(2) Except as provided in subsection (d), the following amounts:
(A) Fifty thousand dollars ($50,000) per year, in the case of a
school corporation, or charter school, or accredited
nonpublic school that:
(i) has an ADM of at least one thousand (1,000); and
(ii) is not applying jointly with any other school
corporation, or charter school, or accredited nonpublic
school.
(B) Thirty-five thousand dollars ($35,000) per year, in the
case of a school corporation, or charter school, or accredited
nonpublic school that:
(i) has an ADM of less than one thousand (1,000); and
(ii) is not applying jointly with any other school
corporation, or charter school, or accredited nonpublic
school.
(C) Fifty thousand dollars ($50,000) per year, in the case of
a coalition of schools applying jointly.
(A) Thirty-five thousand dollars ($35,000) per year, in the
case of a school corporation, charter school, or accredited
nonpublic school that:
(i) has an ADM of at least one (1) and less than one
thousand one (1,001) students; and
(ii) is not applying jointly with any other school
corporation, charter school, or accredited nonpublic
school.
(B) Fifty thousand dollars ($50,000) per year, in the case of a
school corporation, charter school, or accredited nonpublic
school that:
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(i) has an ADM of more than one thousand (1,000) and less
than five thousand one (5,001) students; and
(ii) is not applying jointly with any other school
corporation, charter school, or accredited nonpublic
school.
(C) Seventy-five thousand dollars ($75,000) per year, in the
case of a school corporation, charter school, or accredited
nonpublic school that:
(i) has an ADM of more than five thousand (5,000) and less
than fifteen thousand one (15,001) students; and
(ii) is not applying jointly with any other school
corporation, charter school, or accredited nonpublic
school.
(D) One hundred thousand dollars ($100,000) per year, in the
case of a school corporation, charter school, or accredited
nonpublic school that:
(i) has an ADM of more than fifteen thousand (15,000); and
(ii) is not applying jointly with any other school
corporation, charter school, or accredited nonpublic
school.
(E) One hundred thousand dollars ($100,000) per year, in the
case of a coalition of schools applying jointly.
(c) Except as provided in subsection (d), the match requirement for
a grant under this chapter is based on the ADM, as follows:
(1) For a school corporation, charter school, or accredited
nonpublic school with an ADM of less than five hundred one
(501) students, the grant match must be twenty-five percent (25%)
of the grant amount described in subsection (b).
(2) For a school corporation, charter school, or accredited
nonpublic school with an ADM of more than five hundred (500)
and less than one thousand one (1,001) students, the grant match
must be fifty percent (50%) of the grant amount described in
subsection (b).
(3) For a school corporation, charter school, or accredited
nonpublic school with an ADM of more than one thousand
(1,000) students or a coalition of schools applying jointly, the
grant match must be one hundred percent (100%) of the grant
amount described in subsection (b).
(d) A school corporation, charter school, or accredited nonpublic
school may be eligible to receive a grant of up to:
(1) one hundred thousand dollars ($100,000) if:
(A) the school corporation, charter school, or accredited
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nonpublic school receives a grant match of one hundred
percent (100%) of the requested grant amount; and
(B) the board approves the grant request; or
(2) for a school corporation, charter school, or accredited
nonpublic school described subsection (c)(1) or (c)(2), a grant of
up to fifty thousand dollars ($50,000) if:
(A) the school corporation, charter school, or accredited
nonpublic school receives a grant match of fifty percent (50%)
of the requested grant amount; and
(B) the board approves the grant request.
(c) (e) A school corporation, or charter school, or accredited
nonpublic school may receive only one (1) matching grant under this
section each year.
(d) (f) The board may not award a grant to a school corporation, or
charter school, or accredited nonpublic school under this chapter
section unless the school corporation, or charter school, or accredited
nonpublic school is in a county that has a county school safety
commission, as described in IC 5-2-10.1-10.
SECTION 3. IC 12-17.2-3.8-5, AS ADDED BY P.L.2-2014,
SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2022]: Sec. 5. (a) The early learning advisory committee is
established to do the following:
(1) Establish child developmental and educational goals for
Indiana's early learning system, including the development of
standards and objectives for early education programs that
receive state or federal funds.
(2) Design and maintain an approach to measuring progress
toward the goals established under subdivision (1) that
include objective measures of academic quality.
(3) Assess the attainment of the goals established under
subdivision (1) and evaluate the efficacy of state and federal
spending on Indiana's early learning system.
(4) Assess whether the requirements for early education
program licensure:
(A) create an equitable standard for health and safety
across all early education program types;
(B) reinforce the goals established under subdivision (1);
and
(C) support the sustainability of Indiana's early learning
system.
(1) (5) Conduct periodic statewide needs assessments concerning
the quality and availability of early education programs for
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children from birth to the age of school entry, including the
availability of high quality prekindergarten education for low
income children in Indiana.
(2) (6) Identify opportunities for, and barriers to, collaboration
and coordination among federally and state funded child
development, child care, and early childhood education programs
and services, including governmental agencies that administer the
programs and services.
(7) Design early education workforce strategies, including
recommendations on how to advance professional
development.
(3) (8) Assess the capacity and effectiveness of two (2) and four
(4) year public and private higher education institutions in Indiana
for the pathways to support of development training and
recruitment of early educators. including:
(A) professional development and career advancement plans;
and
(B) practice or internships with Head Start or prekindergarten
programs.
(4) Other duties as determined necessary by the chairperson of the
committee.
(5) (9) Not later than June November 30 of each year, develop
and make recommendations to the governor and, in an electronic
format under IC 5-14-6, to the legislative council concerning the
results of the committee's work under subdivisions (1) through
(4). (8).
(b) The committee consists of six (6) the following thirteen (13)
members: appointed by the governor as follows:
(1) A representative of the department The secretary of
education or the secretary's designee.
(2) A representative of the division.
(2) The secretary of family and social services or the
secretary's designee.
(3) Seven (7) members appointed by the governor as follows:
(A) A representative of an organization with an interest in
training the early childhood education workforce.
(3) (B) A representative of a Head Start program under 42
U.S.C. 9831 et seq.
(4) (C) A representative of a family advocacy group that
member of the general public who has an interest in early
childhood education.
(5) (D) A representative of an early childhood education
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provider.
(E) A representative from a school corporation who has an
interest in strengthening the transition from early
childhood education to elementary education.
(6) (F) A representative of business with an interest in early
childhood education.
(G) A representative of the nonprofit or philanthropic
community with an interest in early childhood education.
(4) One (1) member who:
(A) is appointed by the speaker of the house of
representatives;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(5) One (1) member who:
(A) is appointed by the president pro tempore of the
senate;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(6) One (1) member who:
(A) is appointed by the minority leader of the house of
representatives;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(7) One (1) member who:
(A) is appointed by the minority leader of the senate;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(c) Subject to section 5.1 of this chapter, members appointed
under subsection (b)(3) through (b)(7) serve for three (3) year
terms. The members of the committee serve at the pleasure of the
appointing authority.
(c) (d) The governor shall appoint the a member of the committee
to serve as chairperson of the committee. The committee shall meet
at least six (6) times each calendar year at the call of the
chairperson.
(d) (e) The division shall, in consultation with the department of
education, staff the committee.
(e) (f) The expenses of the committee shall be paid from the funds
of the division.
(f) (g) Each member of the committee who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
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traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(g) (h) Each member of the committee who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(h) (i) Each member of the committee who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this section shall be paid from
appropriations made to the legislative council or the legislative services
agency.
(i) (j) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
SECTION 4. IC 12-17.2-3.8-5.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2022]: Sec. 5.1. (a) As used in this section,
"committee" refers to the early learning advisory committee
established by section 5 of this chapter.
(b) The term of a member who was appointed to the committee
before April 1, 2022, expires on April 1, 2022.
(c) Not later than June 30, 2022, the applicable appointing
authorities shall appoint members to the committee in accordance
with section 5 of this chapter.
(d) The initial appointments by the governor described in
section 5(b)(3) of this chapter shall begin not later than July 1,
2022, and the initial terms of the members initially appointed
under section 5(b)(3) of this chapter are as follows:
(1) The members appointed under section 5(b)(3)(A),
5(b)(3)(C), 5(b)(3)(D), and 5(b)(3)(G) of this chapter shall
serve an initial term of two (2) years.
(2) The members appointed under section 5(b)(3)(B),
5(b)(3)(E), and 5(b)(3)(F) of this chapter shall serve an initial
term of three (3) years.
(e) This section expires January 1, 2026.
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SECTION 5. IC 20-19-3-15, AS ADDED BY P.L.223-2015,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 15. (a) This section does not apply to a school
promotional item that has minimal monetary value.
(b) As used in this section, "participating entity" has the
meaning set forth in IC 20-51.4-2-6.
(b) (c) As used in this section, "school" means any of the following:
(1) A school corporation.
(2) A charter school, including a conversion charter school or a
virtual charter school.
(3) A nonpublic school that has any students enrolled who receive
a choice scholarship under IC 20-51-4.
(c) (d) A school, a participating entity, an employee of a school
or a participating entity, or a member or representative of an
association affiliated with a school employee organization (as
defined in IC 20-29-2-14) may not offer or give, as an enrollment
incentive to enroll, reenroll, or continue attending a school, any item
that has monetary value, including cash or a gift card, that may be used
at a retail store, grocery store, online store, or other commercial
enterprise, to:
(1) a student or prospective student (or the parent of a student or
prospective student) in exchange for enrolling, reenrolling, or
incentivizing continued attendance of the student or
prospective student at the school; or
(2) any person in exchange for referring a prospective student to
the school.
SECTION 6. IC 20-24-2.1-2, AS AMENDED BY P.L.250-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. The charter board shall establish a process to:
(1) review a proposal to establish a charter school under
IC 20-24-3-4;
(2) make a decision on the proposal as required under
IC 20-24-3-9;
(3) monitor charter schools authorized by the charter board; and
(4) make decisions on the renewal, nonrenewal, and revocation of
charters granted by the charter board.
SECTION 7. IC 20-24-2.1-3 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 3. The department shall provide staff to carry out the
duties of the charter board under this chapter until the time when the
charter board begins receiving administrative fees pursuant to
IC 20-24-7-4(e). At that time, the charter board may hire staff to carry
out the duties of the charter board under this chapter.
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SECTION 8. IC 20-24-2.1-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The charter board shall
appoint an executive director to carry out the duties and daily
operations of the charter board. The executive director may be
removed by the charter board for just cause.
(b) The executive director's duties include the following:
(1) To carry out the duties and responsibilities of the charter
board under this chapter.
(2) To hire staff as necessary to ensure efficient and effective
operation of the charter board.
(3) To pay the reasonable and necessary traveling and other
expenses of an employee, a member, or an agent of the charter
board.
(4) To request from any public agency the assistance, services,
and data that will enable the charter board to properly carry
out the charter board's functions and powers.
(c) The executive director has financial and signatory powers
necessary to ensure efficient and effective charter board
operations. In addition, the charter board may authorize the
executive director to carry out any or all of the charter board's
powers under section 2 of this chapter unless otherwise prohibited
by law.
SECTION 9. IC 20-24-2.1-4, AS ADDED BY P.L.91-2011,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) Funding for the charter board consists of
administrative fees collected under IC 20-24-7-4.
(b) The Indiana charter school board fund is established for the
purpose of funding the charter board.
(c) The fund consists of administrative fees collected under
IC 20-24-7-4.
(d) The charter board shall administer the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund but remains available to be used for
the purposes of this chapter.
(f) Money in the fund is appropriated continuously for the
purposes of this chapter.
SECTION 10. IC 20-26-18.2-1, AS AMENDED BY P.L.30-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) As used in this chapter, "school resource
officer" means an individual a law enforcement officer who:
(1) has completed the training described in subsection (b);
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(2) is assigned to one (1) or more school corporations or charter
schools during school hours to:
(A) assist the school safety specialist with the development
and implementation of the school safety plan as provided in
section 2 of this chapter; and
(B) carry out any additional responsibilities assigned to the
school resource officer under the employment engagement,
contract, or memorandum of understanding and to provide
law enforcement services to:
(i) protect against outside threats to the physical safety of
students;
(ii) prevent unauthorized access to school property; and
(iii) secure schools against violence and natural disasters;
and
(3) is:
(A) employed by a law enforcement agency;
(B) appointed as a police reserve officer (as described in
IC 36-8-3-20) or as a special deputy (as described in
IC 36-8-10-10.6) if the police reserve officer or special deputy:
(i) is subject to the direction of the sheriff or appointing law
enforcement agency;
(ii) is required to obey the rules and orders of the sheriff's
department or appointing law enforcement agency;
(iii) is required to complete all training required of regular
full-time law enforcement officers employed by the sheriff's
department or appointing law enforcement agency; and
(iv) may be removed by the sheriff or appointing law
enforcement agency at any time, with or without cause; or
(C) a school corporation police officer appointed under
IC 20-26-16-3.
The term does not include a law enforcement officer who is
assigned to a school to provide security outside a school building
for protection from outside threats, traffic duty, or other duties not
consistent with the duties of a school resource officer.
(b) Before being appointed as a school resource officer, an
individual must have
(1) successfully completed the minimum training requirements
established for law enforcement officers under IC 5-2-1-9. and
(2) received
(c) The law enforcement officer appointed as a school resource
officer must receive at least forty (40) hours of school resource officer
training through:
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(A) (1) the Indiana law enforcement training board established by
IC 5-2-1-3;
(B) (2) the National Association of School Resource Officers; or
(C) (3) another school resource officer training program approved
by the Indiana law enforcement training board;
within one hundred eighty (180) days from the date the individual
is initially assigned the duties of a school resource officer.
However, if the current ADM of a school corporation is less than
one thousand (1,000) students, the individual shall complete the
school resource officer training within three hundred sixty-five
(365) days of the date the individual is initially assigned the duties
of a school resource officer.
(c) (d) Training described in subsection (b)(2) (c) must include
instruction regarding skills, tactics, and strategies necessary to address
the special nature of:
(1) school campuses; and
(2) school building security needs and characteristics.
SECTION 11. IC 20-26-18.2-2, AS AMENDED BY P.L.272-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) A school resource officer may be employed:
(1) by one (1) or more school corporations or charter schools
through a contract between a local law enforcement agency and
the school corporation or school corporations or the charter school
or charter schools;
(2) by one (1) or more school corporations or charter schools;
(3) by a local law enforcement agency that assigns the school
resource officer to one (1) or more school corporations or charter
schools through a memorandum of understanding between the
local law enforcement agency and the school corporation or
school corporations or the charter school or charter schools; or
(4) through a contract between an Indiana business that employs
persons who meet the qualifications of a school resource officer
and the school corporation or school corporations or the charter
school or charter schools.
(b) A contract or This subsection does not apply to a school
corporation that only has full-time school resource officers who are
either employees of the school corporation's school police
department or are employees of the school corporation who have
successfully completed the law enforcement basic training
requirements described in IC 5-2-1-9(d). After June 30, 2023, if a
school corporation or charter school enters into a contract for a
school resource officer, the school corporation or charter school
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must enter into a memorandum of understanding with the law
enforcement agency that employs or appointed the law
enforcement officer who will perform the duties of a school
resource officer. The memorandum of understanding entered into
under subsection (a) must state the nature and scope of a school
resource officer's duties and responsibilities. A school resource officer's
duties and responsibilities include the duty to assist the school
corporation's school safety specialist with the development and
implementation of a school safety plan that does the following:
(1) Protects against outside threats to the physical safety of
students.
(2) Prevents unauthorized access to school property.
(3) Secures schools against violence and natural disasters.
(4) On or before July 1, 2020, identifies the location of bleeding
control kits (as defined in IC 20-34-3-24(a)).
(c) A school resource officer shall consult with local law
enforcement officials and first responders when assisting the school
corporation's school safety specialist in the development of the school
safety plan.
(d) A school resource officer shall participate in the development of
programs designed to identify, assess, and provide assistance to
troubled youth.
(e) A school resource officer may not be reassigned to other duties
by the school corporation.
SECTION 12. IC 20-28-5-18, AS AMENDED BY P.L.92-2020,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 18. (a) This section applies to an individual who:
(1) holds a valid teaching license issued by another state
(excluding a teaching license equivalent to an Indiana temporary
or emergency teaching license) in the same content area or areas
for which the individual is applying for a license in Indiana; and
(2) was required to pass a content licensure test to obtain the
license described in subdivision (1).
(b) Notwithstanding sections 3 and 12 of this chapter, the
department shall grant one (1) of the following licenses to an individual
described in subsection (a):
(1) If the individual has less than three (3) two (2) years of
full-time teaching experience, an initial practitioner's license.
(2) If the individual has at least three (3) two (2) years of full-time
teaching experience, a practitioner's license.
(3) If the individual has a master's degree from a regionally
accredited institution and at least two (2) years of full-time
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teaching experience, an accomplished practitioner's license.
(c) An individual who is granted a license under this section shall
comply with the training or certification requirements prescribed by the
state board under IC 20-28-5.5-1(b).
SECTION 13. IC 20-30-2-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2.7. (a) This section applies to the
following:
(1) Except as provided in subsection (b), a public school
maintained by a school corporation.
(2) A charter school that is not a virtual charter school (as
defined in IC 20-24-1-10).
(b) This section does not apply to a dedicated virtual education
school.
(c) As used in this section, "virtual student instructional day"
means a student instructional day to which the following apply:
(1) A school provides virtual instruction or remote learning to
at least fifty percent (50%) of the students enrolled to attend
in-person instruction at the school.
(2) A school counts the student instructional day toward
meeting the one hundred eighty (180) day requirement
established by section 3 of this chapter.
(d) Except as provided in subsections (e) and (g), a school shall
deliver:
(1) teacher directed synchronous instruction; or
(2) a hybrid of:
(A) teacher directed synchronous instruction for at least
fifty percent (50%) of the particular instructional day; and
(B) asynchronous learning;
during the instructional time of a virtual student instructional day.
(e) Except as provided in subsection (g), a school may conduct
not more than three (3) virtual student instructional days each
school year that do not meet the requirements under subsection
(d).
(f) Except as provided in subsection (g), if a school conducts a
student instructional day described in subsection (c)(1) that does
not meet the requirements of this section, the school may not count
the student instructional day toward meeting the one hundred
eighty (180) day requirement established by section 3 of this
chapter.
(g) A school may submit to the department a request to waive
the requirements set forth in this section to include a virtual
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student instructional day otherwise excluded under subsection (f)
to meet the one hundred eighty (180) day requirement established
by section 3 of this chapter if the virtual student instructional day
was conducted because of extraordinary circumstances. The
department may waive the requirements for the school after
consideration of the request.
(h) The state board may adopt rules under IC 4-22-2 to
implement this section. However, the state board shall, in
consultation with the department, adopt rules under IC 4-22-2 that
define teacher directed synchronous instruction and asynchronous
learning and provide that the instruction or learning must be of the
same quality and rigor as required under section 2.5(b) of this
chapter.
SECTION 14. IC 20-30-2-4, AS ADDED BY P.L.1-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) Subject to subsection (b), if a school
corporation fails to conduct the minimum number of student
instructional days during a school year as required under section 3 of
this chapter, the department shall reduce the August tuition support
distribution to that school corporation for a school year by an amount
determined as follows:
STEP ONE: Determine the remainder of:
(A) the amount of the total tuition support allocated to the
school corporation for the particular school year; minus
(B) that part of the total tuition support allocated to the school
corporation for that school year with respect to student
instructional days one hundred seventy-six (176) through one
hundred eighty (180).
STEP TWO: Subtract the number of student instructional days
that the school corporation conducted from one hundred eighty
(180).
STEP THREE: Determine the lesser of five (5) or the remainder
determined under STEP TWO.
STEP FOUR: Divide the amount subtracted under STEP ONE (B)
by five (5).
STEP FIVE: Multiply the quotient determined under STEP FOUR
by the number determined under STEP THREE.
STEP SIX: Subtract the number determined under STEP THREE
from the remainder determined under STEP TWO.
STEP SEVEN: Divide the remainder determined under STEP
ONE by one hundred seventy-five (175).
STEP EIGHT: Multiply the quotient determined under STEP
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SEVEN by the remainder determined under STEP SIX.
STEP NINE: Add the product determined under STEP FIVE to
the product determined under STEP EIGHT.
(b) If fewer than all of the schools in a school corporation fail to
conduct the minimum number of student instructional days during
a school year as required under section 3 of this chapter, the
reduction in August tuition support required by this section shall
take into account only the schools in the school corporation that
failed to conduct the minimum number of student instructional
days and only the grades for which the required number of student
instructional days was not conducted.
SECTION 15. IC 20-32-5.1-12, AS ADDED BY P.L.242-2017,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 12. (a) The department shall establish policies and
procedures that foster, to the extent possible, the scoring of student
responses of an open ended writing assessment on a statewide
assessment by Indiana teachers. The teacher may not grade student
responses of students who are enrolled in the same school corporation,
charter school, state accredited nonpublic school, or eligible school (as
defined in IC 20-51-1-4.7) in which the teacher is currently employed.
(b) The scoring of student responses under a statewide assessment:
(1) must adhere to scoring rubrics and anchor papers;
(2) must measure student achievement relative to the academic
standards established by the state board; and
(3) may not reflect the scorer's judgment of the values expressed
by a student in the student's responses.
(c) The department, in consultation with the technical advisory
committee established by the state board, shall conduct a study to
analyze and determine the reliability of machine scoring student
responses to items on the statewide assessment. After conducting
the study, the department may, if recommended by the technical
advisory committee, utilize machine scoring for purposes of
scoring student responses to items on the statewide assessment.
SECTION 16. IC 20-32-5.1-13, AS ADDED BY P.L.242-2017,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) The proficiency of students under a
statewide assessment must be reported to the state board not later than:
(1) for the 2018-2019 school year, August 15, 2019; and
(2) for each school year beginning after June 30, 2019, July 1 of
the year in which the statewide assessment is administered.
(b) Reports of student scores on the statewide assessment must be:
(1) returned to the school corporation, charter school, state
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accredited nonpublic school, or eligible school (as defined in
IC 20-51-1-4.7) that administered the test; and
(2) accompanied by a guide for interpreting scores.
(c) Subject to approval by the state board, reports of student results
on computer scored items under a statewide assessment may be
returned to schools regardless of whether the hand scored items are
returned.
(d) After reports of final student scores on the statewide assessment
are returned to a school corporation, charter school, state accredited
nonpublic school, or eligible school (as defined in IC 20-51-1-4.7), the
school corporation or school shall promptly do the following:
(1) Give each student and the student's parent the student's
statewide assessment test scores, including (if applicable) the
summary described in section 14.5 of this chapter.
(2) Make available for inspection to each student and the student's
parent the following:
(A) A copy of the student's scored responses.
(B) A copy of the anchor papers and scoring rubrics used to
score the student's responses.
A student's parent or the student's principal may request a rescoring of
a student's responses to a statewide assessment, including a student's
essay. A student's final score on a rescored statewide assessment must
reflect the student's actual score on the rescored statewide assessment
regardless of whether the student's score decreased or improved on the
rescored assessment.
(e) The department shall develop criteria to provide a student's
parent the opportunity to inspect questions in a manner that will not
compromise the validity or integrity of a statewide assessment.
(f) A student's statewide assessment scores may not be disclosed to
the public.
(g) The department may not release less than ten (10) items per
subject matter per grade level. The state board and department shall:
(1) post:
(A) the questions; and
(B) with the permission of each student's parent, student
answers that are exemplary responses to the released
questions;
on the Internet web sites of the state board and department; and
(2) publicize the availability of the questions and answers to
schools, educators, and the public.
A student answer posted under this subsection may not identify the
student who provided the answer.
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SECTION 17. IC 20-32-5.1-14, AS ADDED BY P.L.242-2017,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 14. (a) After a school receives statewide
assessment score reports, the school shall offer a parent/teacher
conference to discuss a student's statewide assessment results with the
following:
(1) A parent of a student who requests a parent/teacher
conference on the statewide assessment scores of the student.
(2) The parent of each student who does not receive a passing
score on the test.
a teacher who currently teaches a student shall discuss with a
parent of the student the student's statewide assessment results at
the next parent/teacher conference if the parent participates in the
parent/teacher conference. If a school does not hold parent/teacher
conferences, a teacher who currently teaches a student shall send
a notice to a parent of the student offering to meet with the parent
to discuss the student's statewide assessment results and, upon the
parent's request, meet with the parent.
(b) The department shall provide enrichment resources to parents
and students to provide assistance to students in subject matter
included in the student's most recently completed statewide assessment.
SECTION 18. IC 20-32-5.1-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 14.5. For a contract entered into
or renewed after June 30, 2022, with a vendor to conduct the
statewide assessment, the department may include in the contract
a requirement that the vendor provide a summary of a student's
statewide assessment results that:
(1) is in an easy to read, understandable format for parents;
and
(2) includes information regarding how the student's
statewide assessment results compare to statewide assessment
results of other students in the same grade level in Indiana.
SECTION 19. IC 20-40-2-6, AS AMENDED BY P.L.161-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) Each school corporation shall make every
reasonable effort to transfer not more than fifteen percent (15%) of the
total revenue deposited in the school corporation's education fund from
the school corporation's education fund to the school corporation's
operations fund during a calendar year.
(b) Only after the transfer is authorized by the governing body in a
public meeting with public notice, money in the education fund may be
HEA 1093 — CC 1 19
transferred to the operations fund to cover expenditures that are not
allocated to student instruction and learning under IC 20-42.5. The
amount transferred from the education fund to the operations fund shall
be reported by the school corporation to the department. The transfers
made during the:
(1) first six (6) months of each state fiscal year shall be reported
before January 31 of the following year; and
(2) last six (6) months of each state fiscal year shall be reported
before July 31 of that year.
(c) The report must include information as required by the
department and in the form required by the department.
(d) The department must post the report submitted under subsection
(b) on the department's Internet web site.
(e) Beginning in 2020, the department shall track for each school
corporation transfers from the school corporation's education fund to
its operations fund for the preceding six (6) month period. Beginning
in 2021, before February March 1 of each year, the department shall
compile an excessive education fund transfer list comprised of all
school corporations that transferred more than fifteen percent (15%) of
the total revenue deposited in the school corporation's education fund
from the school corporation's education fund to the school corporation's
operations fund during the immediately preceding calendar year. A
school corporation that is not included on the excessive education fund
transfer list is considered to have met the education fund transfer target
percentage for the immediately preceding calendar year.
SECTION 20. IC 20-40-2-9, AS ADDED BY P.L.161-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) For each school corporation included on the
excessive education fund transfer list required under section 6 of this
chapter, the department shall, not later than March April 1 of each
year, submit in both a written and an electronic format a notice to the
school corporation's superintendent, school business officer, and
governing body that the school corporation did not meet its education
fund transfer target percentage for the previous calendar year.
(b) If a school corporation's governing body receives a notice from
the department under subsection (a), the school corporation shall do all
of the following:
(1) Publicly acknowledge receipt of the excessive education fund
transfer list notice from the department at the governing body's
next public meeting.
(2) Enter into the governing body's official minutes for that
meeting acknowledgment of the notice.
HEA 1093 — CC 1 20
(3) Publish on the school corporation's Internet web site the
department's notice and any relevant individual reports prepared
by the department within thirty (30) days after the public meeting.
SECTION 21. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
The definitions in IC 20 apply throughout this SECTION.
(b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
board shall assign to a school or school corporation a "null" or "no
letter grade" for the 2021-2022 school year. However, the most
recent results of the school's ILEARN assessment must be included
on the school's Internet web site.
(c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
board shall assign an adult high school a "null" or "no letter
grade" category for the 2021-2022 school year.
(d) This SECTION expires January 1, 2025.
SECTION 22. An emergency is declared for this act.
HEA 1093 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1093 — CC 1