Indiana 2022 Regular Session

Indiana House Bill HB1187 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1187
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-2-1.5; IC 5-9-4; IC 6-1.1-20.3; IC 20-23;
7	7	IC 20-29; IC 34-30-2-16.3.
8	8	Synopsis: Gary Community Schools. Establishes procedures to
9	9	appoint members to the governing body of the Gary Community School
10	10	Corporation. Establishes procedures for transferring responsibility of
11	11	financial and academic matters from the emergency manager to the
12	12	governing body. Provides that the Gary Community School
13	13	Corporation is not subject to collective bargaining. Removes obsolete
14	14	provisions and makes conforming amendments. Provides that, before
15	15	October 31, 2024, and before each October 31 thereafter, the governing
16	16	body must submit a report to the distressed unit appeal board
17	17	summarizing the financial position and operations of the school
18	18	corporation for the previous state fiscal year. Repeals provisions
19	19	relating to the election of advisory board members for the Gary
20	20	Community School Corporation.
21	21	Effective: Upon passage; July 1, 2022.
22	22	Brown T, Thompson
23	23	January 6, 2022, read first time and referred to Committee on Ways and Means.
24	24	2022 IN 1187—LS 6691/DI 116 Introduced
25	25	Second Regular Session of the 122nd General Assembly (2022)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2021 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1187
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	education.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.163-2020,
40	40	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2022]: Sec. 1.5. (a) Whenever any state governmental official
42	42	4 or employee, whether elected or appointed, is made a party to a suit,
43	43	5 and the attorney general determines that said suit has arisen out of an
44	44	6 act which such official or employee in good faith believed to be within
45	45	7 the scope of the official's or employee's duties as prescribed by statute
46	46	8 or duly adopted regulation, the attorney general shall defend such
47	47	9 person throughout such action.
48	48	10 (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
49	49	11 party to a civil suit, and the attorney general determines that the suit
50	50	12 has arisen out of an act that the teacher in good faith believed was
51	51	13 within the scope of the teacher's duties in enforcing discipline policies
52	52	14 developed under IC 20-33-8-12, the attorney general shall defend the
53	53	15 teacher throughout the action.
54	54	16 (c) Not later than July 30 of each year, the attorney general, in
55	55	17 consultation with the Indiana education employment relations board
56	56	2022 IN 1187—LS 6691/DI 116 2
57	57	1 established in IC 20-29-3-1, shall draft and disseminate a letter by first
58	58	2 class mail to the residence of teachers providing a summary of the
59	59	3 teacher's rights and protections under state and federal law, including
60	60	4 a teacher's rights and protections relating to the teacher's performance
61	61	5 evaluation under IC 20-28-11.5.
62	62	6 (d) The department of education, in consultation with the Indiana
63	63	7 education employment relations board, shall develop a method to
64	64	8 provide the attorney general with the names and addresses of active
65	65	9 teachers in Indiana in order for the attorney general to disseminate the
66	66	10 letter described in subsection (c). Names and addresses collected and
67	67	11 provided to the attorney general under this subsection are confidential
68	68	12 and excepted from public disclosure as provided in IC 5-14-3-4.
69	69	13 (e) Whenever a school corporation (as defined in IC 20-26-2-4) is
70	70	14 made a party to a civil suit and the attorney general determines that the
71	71	15 suit has arisen out of an act authorized under IC 20-30-5-0.5 or
72	72	16 IC 20-30-5-4.5, the attorney general shall defend the school corporation
73	73	17 throughout the action.
74	74	18 (f) Whenever a member of the fiscal management board appointed
75	75	19 under IC 6-1.1-20.3-6.8 is made a party to a civil suit and the attorney
76	76	20 general determines that the suit has arisen out of an act by the fiscal
77	77	21 management board member that is authorized or required under
78	78	22 IC 6-1.1-20.3 or any other law, the attorney general shall defend the
79	79	23 fiscal management board member throughout the action.
80	80	24 (g) (f) As used in this subsection, "bridge authority" refers to the
81	81	25 New Harmony and Wabash River bridge authority established by
82	82	26 IC 8-16-15.5-2. Whenever:
83	83	27 (1) the bridge authority;
84	84	28 (2) a member of the bridge authority;
85	85	29 (3) an officer of the bridge authority; or
86	86	30 (4) an employee of the bridge authority;
87	87	31 is made a party to a civil suit and the attorney general determines that
88	88	32 the suit has arisen out of an act or omission of any person described in
89	89	33 subdivision (1), (2), (3), or (4), that is authorized or required under
90	90	34 IC 8-16-15.5 or any other law, the attorney general shall defend that
91	91	35 person throughout the action.
92	92	36 (h) (g) A determination by the attorney general under subsection (a),
93	93	37 (b), (e), or (f) or (g) shall not be admitted as evidence in the trial of any
94	94	38 such civil action for damages.
95	95	39 (i) (h) Nothing in this chapter shall be construed to deprive any such
96	96	40 person of the person's right to select counsel of the person's own choice
97	97	41 at the person's own expense.
98	98	42 SECTION 2. IC 5-9-4-7, AS AMENDED BY P.L.2-2014,
99	99	2022 IN 1187—LS 6691/DI 116 3
100	100	1 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	2 JULY 1, 2022]: Sec. 7. (a) Except as provided in subsection (b) or (c),
102	102	3 an officeholder who elects to take the leave of absence described in
103	103	4 section 6 of this chapter shall give written notice that the officeholder
104	104	5 is taking a leave of absence for military service to the person or entity
105	105	6 designated in IC 5-8-3.5-1 to receive a resignation for the office the
106	106	7 officeholder holds.
107	107	8 (b) An officeholder who is:
108	108	9 (1) a justice of the supreme court, a judge of the court of appeals,
109	109	10 or a judge of the tax court; or
110	110	11 (2) a judge of a circuit, city, probate, or superior court;
111	111	12 shall give the written notice required by subsection (a) to the clerk of
112	112	13 the supreme court.
113	113	14 (c) An officeholder who holds a school board office shall give the
114	114	15 written notice required by subsection (a) to the person or entity
115	115	16 designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12,
116	116	17 IC 20-23-12.1, IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to
117	117	18 receive a resignation for the office the officeholder holds.
118	118	19 (d) The written notice required by subsection (a) must state that the
119	119	20 officeholder is taking a leave of absence because the officeholder:
120	120	21 (1) has been called for active duty in:
121	121	22 (A) the armed forces of the United States; or
122	122	23 (B) the national guard; and
123	123	24 (2) will be temporarily unable to perform the duties of the
124	124	25 officeholder's office.
125	125	26 SECTION 3. IC 5-9-4-8, AS AMENDED BY P.L.74-2017,
126	126	27 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
127	127	28 JULY 1, 2022]: Sec. 8. (a) Except as provided in subsection (b) and
128	128	29 IC 36-5-6-9, during the officeholder's leave of absence, the
129	129	30 officeholder's office must be filled by a temporary appointment made
130	130	31 under:
131	131	32 (1) IC 3-13-4;
132	132	33 (2) IC 3-13-5;
133	133	34 (3) IC 3-13-6;
134	134	35 (4) IC 3-13-7;
135	135	36 (5) IC 3-13-8;
136	136	37 (6) IC 3-13-9;
137	137	38 (7) IC 3-13-10;
138	138	39 (8) IC 3-13-11;
139	139	40 (9) IC 20-23-4;
140	140	41 (10) IC 20-26;
141	141	42 (11) IC 20-23-12; IC 20-23-12.1;
142	142	2022 IN 1187—LS 6691/DI 116 4
143	143	1 (12) IC 20-23-14;
144	144	2 (13) IC 20-23-15;
145	145	3 (14) IC 20-23-17;
146	146	4 (15) IC 20-23-17.2;
147	147	5 (16) IC 20-25-3;
148	148	6 (17) IC 20-25-4; or
149	149	7 (18) IC 20-25-5;
150	150	8 in the same manner as a vacancy created by a resignation is filled. A
151	151	9 temporary appointment may be made in accordance with the applicable
152	152	10 statute after the written notice required under section 7 of this chapter
153	153	11 has been filed.
154	154	12 (b) For an officeholder who:
155	155	13 (1) is:
156	156	14 (A) a justice of the supreme court, a judge of the court of
157	157	15 appeals, or a judge of the tax court; or
158	158	16 (B) a judge of a circuit, city, probate, or superior court; and
159	159	17 (2) is taking a leave of absence under this chapter;
160	160	18 the supreme court shall appoint a judge pro tempore to fill the
161	161	19 officeholder's office in accordance with the court's rules and
162	162	20 procedures.
163	163	21 (c) The person selected or appointed under subsection (a) or (b)
164	164	22 serves until the earlier of:
165	165	23 (1) the date the officeholder's leave of absence ends as provided
166	166	24 in section 10 of this chapter; or
167	167	25 (2) the officeholder's term of office expires.
168	168	26 (d) The person selected or appointed to an office under subsection
169	169	27 (a) or (b):
170	170	28 (1) assumes all the rights and duties of; and
171	171	29 (2) is entitled to the compensation established for;
172	172	30 the office for the period of the temporary appointment.
173	173	31 SECTION 4. IC 6-1.1-20.3-6.8, AS AMENDED BY P.L.43-2021,
174	174	32 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
175	175	33 JULY 1, 2022]: Sec. 6.8. (a) This section applies only to the Gary
176	176	34 Community School Corporation.
177	177	35 (b) The general assembly finds that the provisions of this section:
178	178	36 (1) are necessary to address the unique issues faced by the Gary
179	179	37 Community School Corporation; and
180	180	38 (2) are not precedent for and may not be appropriate for
181	181	39 addressing issues faced by other school corporations.
182	182	40 (c) As used in this section, the following definitions apply:
183	183	41 (1) "Chief academic officer" means the chief academic officer
184	184	42 appointed under subsection (j). (h).
185	185	2022 IN 1187—LS 6691/DI 116 5
186	186	1 (2) "Chief financial officer" means the chief financial officer
187	187	2 appointed under subsection (i). (g).
188	188	3 (3) "School corporation" refers to the Gary Community School
189	189	4 Corporation.
190	190	5 (d) The Gary Community School Corporation is designated as a
191	191	6 distressed political subdivision for purposes of this chapter until the
192	192	7 school corporation's designation as a distressed political subdivision is
193	193	8 terminated as provided in section 13(b) of this chapter. This
194	194	9 designation as a distressed political subdivision is effective regardless
195	195	10 of whether the school corporation has submitted a petition requesting
196	196	11 to be designated as a distressed political subdivision. Until the school
197	197	12 corporation's designation as a distressed political subdivision is
198	198	13 terminated as provided in section 13(b) of this chapter, the Gary
199	199	14 Community School Corporation advisory board may not hold a public
200	200	15 meeting more often than once every three (3) months. This limit on the
201	201	16 number of meetings of the advisory board does not apply to the
202	202	17 emergency manager. The emergency manager shall hold a monthly
203	203	18 forum to provide an update on the Gary Community School
204	204	19 Corporation within the school district that is open to the general public.
205	205	20 During the period that the Gary Community School Corporation is
206	206	21 designated as a distressed political subdivision, the advisory board may
207	207	22 vote to:
208	208	23 (1) fill vacancies;
209	209	24 (2) select officers; or
210	210	25 (3) make appointments;
211	211	26 of the advisory board, and to present awards, recognition, and
212	212	27 certificates to employees or supporters of the school corporation.
213	213	28 (e) Until the school corporation's designation as a distressed
214	214	29 political subdivision is terminated as provided in section 13(b) of this
215	215	30 chapter, the following apply to the emergency manager appointed
216	216	31 under section 7.5 of this chapter for the school corporation:
217	217	32 (1) The emergency manager has the powers and duties specified
218	218	33 in this chapter.
219	219	34 (2) The emergency manager shall consider recommendations
220	220	35 from the fiscal management board and the advisory board, but the
221	221	36 emergency manager has full responsibility and authority related
222	222	37 to financial and academic matters of the school corporation, and
223	223	38 the emergency manager may act, as specified in this chapter, on
224	224	39 these financial and academic matters without the approval of the
225	225	40 fiscal management board or the advisory board.
226	226	41 (3) (2) Notwithstanding section 7.5(d) of this chapter, the
227	227	42 distressed unit appeal board shall:
228	228	2022 IN 1187—LS 6691/DI 116 6
229	229	1 (A) determine the compensation of the emergency manager;
230	230	2 chief financial officer, and chief academic officer; and
231	231	3 (B) subject to subsections (i) (g) and (j), (h), pay the
232	232	4 emergency manager's chief financial officer's, and chief
233	233	5 academic officer's compensation and reimburse the emergency
234	234	6 manager chief financial officer, and chief academic officer for
235	235	7 actual and necessary expenses from funds appropriated to the
236	236	8 distressed unit appeal board.
237	237	9 (4) (3) Before appointing the emergency manager, the distressed
238	238	10 unit appeal board shall interview at least one (1) resident of the
239	239	11 city of Gary as a candidate for the position. If the distressed unit
240	240	12 appeal board is not able to interview a resident of the city of Gary
241	241	13 as a candidate for the position, the distressed unit appeal board
242	242	14 shall interview at least one (1) individual who is a resident of
243	243	15 Lake County or northwest Indiana as a candidate for the position.
244	244	16 The appointment of the emergency manager for the school corporation
245	245	17 is terminated on the date the school corporation's designation as a
246	246	18 distressed political subdivision is terminated as provided in section
247	247	19 13(b) of this chapter.
248	248	20 (f) In addition to any other actions that the distressed unit appeal
249	249	21 board may take under this chapter concerning a distressed political
250	250	22 subdivision, for a distressed school corporation, the distressed unit
251	251	23 appeal board may also do any of the following:
252	252	24 (1) The distressed unit appeal board may delay or suspend, for a
253	253	25 period determined by the board, any payments of principal or
254	254	26 interest, or both, that would otherwise be due from the school
255	255	27 corporation on loans or advances from the common school fund.
256	256	28 (2) The distressed unit appeal board may recommend to the state
257	257	29 board of finance that the state board of finance make an interest
258	258	30 free loan to the school corporation from the common school fund.
259	259	31 The distressed unit appeal board shall determine the payment
260	260	32 schedule and the commencement date for the loan. If the
261	261	33 distressed unit appeal board makes a recommendation that such
262	262	34 a loan be made, the state board of finance may, notwithstanding
263	263	35 IC 20-49, make such a loan for a term of not more than ten (10)
264	264	36 years.
265	265	37 (3) The distressed unit appeal board may establish benchmarks of
266	266	38 financial improvement for the school corporation.
267	267	39 (4) The distressed unit appeal board may provide a grant or grants
268	268	40 to the school corporation from funds appropriated to the
269	269	41 distressed unit appeal board, in amounts determined by the
270	270	42 distressed unit appeal board, to assist the school corporation in
271	271	2022 IN 1187—LS 6691/DI 116 7
272	272	1 overcoming short term financial problems.
273	273	2 (5) The distressed unit appeal board may make a recommendation
274	274	3 to the general assembly concerning the possible restructuring of
275	275	4 advances made to the school corporation from the common school
276	276	5 fund, including forgiveness of principal and interest on those
277	277	6 advances.
278	278	7 (g) The fiscal management board is established. The fiscal
279	279	8 management board consists of the following members:
280	280	9 (1) One (1) member appointed by the advisory board.
281	281	10 (2) One (1) member appointed by the mayor of the city of Gary.
282	282	11 (3) One (1) member, who must have experience working with or
283	283	12 for an urban school corporation, appointed by the secretary of
284	284	13 education.
285	285	14 (4) One (1) member, who must have experience working with or
286	286	15 for an urban school corporation, appointed by the state board of
287	287	16 education.
288	288	17 (h) The following apply to the fiscal management board and to the
289	289	18 members of the fiscal management board:
290	290	19 (1) The term of office of a member of the fiscal management
291	291	20 board is four (4) years, beginning on the date of appointment. A
292	292	21 member of the fiscal management board may be reappointed to
293	293	22 the fiscal management board. A member of the fiscal
294	294	23 management board may be removed for cause by the appointing
295	295	24 authority.
296	296	25 (2) A member of the fiscal management board must have the
297	297	26 following:
298	298	27 (A) At least three (3) years experience in financial
299	299	28 management.
300	300	29 (B) A meaningful background and work experience in finance
301	301	30 and business.
302	302	31 (C) An understanding of government contracts.
303	303	32 (D) Knowledge and experience in organizational effectiveness,
304	304	33 operations management, and implementing best practices.
305	305	34 (E) Experience in budget development and oversight.
306	306	35 (F) A demonstrated commitment to high professional and
307	307	36 ethical standards and a diverse workplace.
308	308	37 (G) An understanding of tax and other compliance
309	309	38 implications.
310	310	39 (3) A member of the advisory board may not serve as a member
311	311	40 of the fiscal management board.
312	312	41 (4) The fiscal management board:
313	313	42 (A) shall make recommendations to the emergency manager;
314	314	2022 IN 1187—LS 6691/DI 116 8
315	315	1 and
316	316	2 (B) shall advise the emergency manager as requested by the
317	317	3 emergency manager.
318	318	4 (5) The members of the fiscal management board are not entitled
319	319	5 to any compensation for their service on the fiscal management
320	320	6 board.
321	321	7 (6) The fiscal management board is abolished, and the terms of
322	322	8 the members of the fiscal management board are terminated, on
323	323	9 the date the school corporation's designation as a distressed
324	324	10 political subdivision is terminated as provided in section 13(b) of
325	325	11 this chapter.
326	326	12 (7) Under the supervision of the emergency manager, the fiscal
327	327	13 management board shall serve as a liaison to and shall work
328	328	14 jointly with the distressed unit appeal board, the mayor of the city
329	329	15 of Gary, and the department of education to develop a transition
330	330	16 plan to address issues or questions related to:
331	331	17 (A) the designation of the school corporation as a distressed
332	332	18 political subdivision and the transfer of powers and duties to
333	333	19 the emergency manager under this chapter; and
334	334	20 (B) the potential impact of the transition on the community
335	335	21 and the school corporation.
336	336	22 (8) Under the supervision of the emergency manager, the fiscal
337	337	23 management board shall work jointly with the distressed unit
338	338	24 appeal board, the mayor of the city of Gary, and the department
339	339	25 of education to provide information on a regular basis to parents,
340	340	26 students, employees of the school corporation, and the public on
341	341	27 the status of the transition.
342	342	28 (i) (g) The emergency manager shall employ a chief financial officer
343	343	29 for the school corporation. The chief financial officer is an employee
344	344	30 of the school corporation. The chief financial officer shall report to the
345	345	31 emergency manager and shall assist the emergency manager appointed
346	346	32 for the school corporation and the fiscal management board in carrying
347	347	33 out the day to day financial operations of the school corporation. Before
348	348	34 July 1, 2019, the compensation of the chief financial officer shall be
349	349	35 determined by the distressed unit appeal board. Before July 1, 2019, the
350	350	36 compensation of the chief financial officer shall be paid from the funds
351	351	37 appropriated to the distressed unit appeal board. After June 30, 2019,
352	352	38 The compensation of the chief financial officer shall be determined by
353	353	39 and paid by the school corporation. The chief financial officer:
354	354	40 (1) must possess, through both education and experience, an
355	355	41 understanding of finance and financial management; and
356	356	42 (2) must possess any other experience and must meet any other
357	357	2022 IN 1187—LS 6691/DI 116 9
358	358	1 requirements as required by the distressed unit appeal board to
359	359	2 ensure that the chief financial officer is qualified to carry out the
360	360	3 financial restructuring of the school corporation.
361	361	4 Before employing a chief financial officer under this subsection, the
362	362	5 emergency manager shall interview at least one (1) resident of the city
363	363	6 of Gary as a candidate for the position. If the emergency manager is not
364	364	7 able to interview a resident of the city of Gary as a candidate for the
365	365	8 position, the emergency manager shall interview at least one (1)
366	366	9 individual who is a resident of Lake County or northwest Indiana as a
367	367	10 candidate for the position.
368	368	11 (j) (h) The emergency manager shall employ a chief academic
369	369	12 officer for the school corporation, after consultation with the
370	370	13 department of education, who must have experience working with or
371	371	14 for an urban school corporation. The chief academic officer is an
372	372	15 employee of the school corporation. The chief academic officer shall
373	373	16 report to the emergency manager and shall assist the emergency
374	374	17 manager appointed for the school corporation and the fiscal
375	375	18 management board in carrying out the academic matters of the school
376	376	19 corporation. Before July 1, 2019, the compensation of the chief
377	377	20 academic officer shall be determined by the distressed unit appeal
378	378	21 board. Before July 1, 2019, the compensation of the chief academic
379	379	22 officer shall be paid from the funds appropriated to the distressed unit
380	380	23 appeal board. After June 30, 2019, The compensation of the chief
381	381	24 academic officer shall be determined by and paid by the school
382	382	25 corporation. The chief academic officer must:
383	383	26 (1) hold a valid license to teach in a public school under
384	384	27 IC 20-28-5;
385	385	28 (2) possess, through both education and experience, an
386	386	29 understanding of curriculum and academics; and
387	387	30 (3) possess any other experience and meet any other requirements
388	388	31 as required by the distressed unit appeal board to ensure that the
389	389	32 chief academic officer is qualified to carry out the academic goals
390	390	33 of the school corporation.
391	391	34 Before employing a chief academic officer under this subsection, the
392	392	35 emergency manager shall interview at least one (1) resident of the city
393	393	36 of Gary as a candidate for the position. If the emergency manager is not
394	394	37 able to interview a resident of the city of Gary as a candidate for the
395	395	38 position, the emergency manager shall interview at least one (1)
396	396	39 individual who is a resident of Lake County or northwest Indiana as a
397	397	40 candidate for the position.
398	398	41 (k) (i) The chief financial officer and chief academic officer shall
399	399	42 assist the emergency manager in carrying out the emergency manager's
400	400	2022 IN 1187—LS 6691/DI 116 10
401	401	1 duties under this chapter.
402	402	2 (l) (j) The annual budget adopted by the emergency manager for the
403	403	3 school corporation must dedicate a significant part of the school
404	404	4 corporation's budget to eliminating the school corporation's outstanding
405	405	5 financial obligations. The emergency manager shall attempt to
406	406	6 negotiate with the creditors of the school corporation to establish a plan
407	407	7 specifying the schedule for paying each creditor. The emergency
408	408	8 manager shall submit the plan to the distressed unit appeal board for
409	409	9 approval. The distressed unit appeal board must:
410	410	10 (1) review the plan submitted by the emergency manager; and
411	411	11 (2) not later than sixty (60) days after the plan is submitted,
412	412	12 either:
413	413	13 (A) approve the plan as submitted by the emergency manager;
414	414	14 or
415	415	15 (B) modify the plan as submitted by the emergency manager
416	416	16 and then approve the modified plan.
417	417	17 (m) (k) The emergency manager shall consider any
418	418	18 recommendations from the fiscal management board, the advisory
419	419	19 board, and the mayor of the city of Gary in developing the school
420	420	20 corporation's annual budget. The distressed unit appeal board must
421	421	21 review and approve the school corporation's annual budget that is
422	422	22 proposed by the emergency manager. When the emergency manager
423	423	23 submits the school corporation's proposed annual budget to the
424	424	24 distressed unit appeal board, the emergency manager shall provide
425	425	25 copies of the proposed annual budget to the fiscal management board
426	426	26 and the advisory board.
427	427	27 (n) (l) After considering any recommendations from the fiscal
428	428	28 management board, the advisory board, and the mayor of the city of
429	429	29 Gary, the emergency manager shall do the following:
430	430	30 (1) Conduct a financial and compliance audit of the operations of
431	431	31 the school corporation.
432	432	32 (2) Develop a written financial plan for the school corporation.
433	433	33 The object of the plan must be to achieve financial stability for
434	434	34 the school corporation, and the plan must include provisions for
435	435	35 paying all of the school corporation's outstanding obligations and
436	436	36 for paying all future obligations of the school corporation
437	437	37 (including any federal, state, or local taxes or assessments) in a
438	438	38 timely manner.
439	439	39 (o) (m) In addition to the report required by section 8.5(c)(5) of this
440	440	40 chapter, the emergency manager, the chief financial officer, and the
441	441	41 chief academic officer shall report quarterly to the distressed unit
442	442	42 appeal board in a format specified by the distressed unit appeal board.
443	443	2022 IN 1187—LS 6691/DI 116 11
444	444	1 The report must include:
445	445	2 (1) information concerning the actions that the school corporation
446	446	3 is taking to improve the financial condition of the school
447	447	4 corporation; and
448	448	5 (2) any other information required by the distressed unit appeal
449	449	6 board.
450	450	7 The emergency manager shall report more frequently than quarterly if
451	451	8 requested by the distressed unit appeal board. The emergency manager
452	452	9 shall provide copies of the report to the fiscal management board, the
453	453	10 advisory board, and the mayor of the city of Gary. The emergency
454	454	11 manager shall present each report at a public meeting of the fiscal
455	455	12 management board.
456	456	13 (p) (n) The school corporation shall do the following:
457	457	14 (1) Publish a copy of each report under subsection (o) (m) on the
458	458	15 school corporation's Internet web site, along with a link to the
459	459	16 main page of the Indiana transparency Internet web site
460	460	17 established under IC 5-14-3.7 to provide access to financial data
461	461	18 for local schools.
462	462	19 (2) Make copies of each report available free of charge to the
463	463	20 public upon request.
464	464	21 (3) Provide copies of each report to the mayor of the city of Gary.
465	465	22 The mayor shall make copies of the reports available free of
466	466	23 charge to the public upon request.
467	467	24 (q) (o) The chief academic officer shall develop an education plan
468	468	25 to provide academic services to students in the school corporation and
469	469	26 to achieve academic progress. The education plan must include at least
470	470	27 the following components:
471	471	28 (1) An academic program designed to meet Indiana's academic
472	472	29 standards and to assist students in meeting those academic
473	473	30 standards.
474	474	31 (2) A plan to improve the academic performance of all students,
475	475	32 including improvement in the performance of students on
476	476	33 standardized tests.
477	477	34 (3) A plan to engage parents in school performance and school
478	478	35 activities, including regular meetings at each school involving
479	479	36 administrators, teachers, parents, and interested members of the
480	480	37 community.
481	481	38 (4) A plan to implement performance standards that will attract
482	482	39 students and families to the school corporation.
483	483	40 (5) A plan specifying how the school corporation will work
484	484	41 directly with the city of Gary:
485	485	42 (A) to make the schools a successful component of life within
486	486	2022 IN 1187—LS 6691/DI 116 12
487	487	1 the city; and
488	488	2 (B) to develop a sense of pride and progress in the operations
489	489	3 and accomplishments of the school corporation.
490	490	4 The chief financial officer and the chief academic officer shall submit
491	491	5 a report to the advisory board each quarter. The chief financial officer
492	492	6 and chief academic officer shall meet at least quarterly with the
493	493	7 executive committee of the bargaining unit to inform the executive
494	494	8 committee of the academic progress of the school corporation.
495	495	9 SECTION 5. IC 6-1.1-20.3-7.5, AS AMENDED BY
496	496	10 P.L.213-2018(ss), SECTION 8, IS AMENDED TO READ AS
497	497	11 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) This section
498	498	12 does not apply to a school corporation designated before July 1, 2013,
499	499	13 as a distressed political subdivision.
500	500	14 (b) If a political subdivision is designated as a distressed political
501	501	subdivision under this chapter, the board shall appoint an emergency15
502	502	manager for the distressed political subdivision. An emergency16
503	503	manager serves at the pleasure of the board. 17 For purposes of IC 34-13,
504	504	18 an emergency manager appointed under this section is acting on behalf
505	505	of the distressed political subdivision and not the state.19
506	506	(c) The chairperson of the board shall oversee the activities of an20
507	507	emergency manager.21
508	508	(d) Except as provided in this chapter, the distressed political22
509	509	subdivision shall pay the emergency manager's compensation and23
510	510	reimburse the emergency manager for actual and necessary expenses.24
511	511	25 (e) A member of a fiscal management board, An emergency
512	512	26 manager, a chief financial officer, or a chief academic officer is
513	513	27 immune from civil liability for an act or omission within the scope and
514	514	28 arising out of the performance of duties prescribed by the board under
515	515	29 this chapter. This subsection does not apply to an act or omission that
516	516	30 constitutes gross negligence or willful misconduct.
517	517	31 (f) The attorney general shall represent a member of the distressed
518	518	32 unit appeal board, a member of a fiscal management board, an
519	519	33 emergency manager, a chief financial officer, or a chief academic
520	520	34 officer in a legal action arising out of the exercise of powers granted
521	521	35 under this chapter, if the member of the distressed unit appeal board,
522	522	36 the member of a fiscal management board, emergency manager, chief
523	523	37 financial officer, or chief academic officer makes a written request to
524	524	38 the attorney general requesting representation. The attorney general
525	525	39 may not represent a member of the distressed unit appeal board, a
526	526	40 member of a fiscal management board, an emergency manager, a chief
527	527	41 financial officer, or a chief academic officer under this subsection if the
528	528	42 legal action is initiated or the claim is asserted by the member of the
529	529	2022 IN 1187—LS 6691/DI 116 13
530	530	1 distressed unit appeal board, the member of the fiscal management
531	531	2 board, emergency manager, or the distressed political subdivision. If
532	532	3 the attorney general represents a member of the distressed unit appeal
533	533	4 board, a member of a fiscal management board, an emergency
534	534	5 manager, a chief financial officer, or a chief academic officer under this
535	535	6 subsection, the member of the distressed unit appeal board, the member
536	536	7 of a fiscal management board, emergency manager, chief financial
537	537	8 officer, or chief academic officer is entitled to recover attorney's fees
538	538	9 from the losing party to the extent the member of the distressed unit
539	539	10 appeal board, the member of the fiscal management board, emergency
540	540	11 manager, chief financial officer, or chief academic officer prevails. Any
541	541	12 attorney's fees recovered shall be deposited in the state general fund.
542	542	13 SECTION 6. IC 6-1.1-20.3-13, AS AMENDED BY
543	543	14 P.L.213-2018(ss), SECTION 12, IS AMENDED TO READ AS
544	544	15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) If an
545	545	16 emergency manager of a distressed political subdivision files a petition
546	546	17 with the board for termination of the political subdivision's status as a
547	547	18 distressed political subdivision, the board shall conduct a public
548	548	19 hearing on the question of whether to terminate the political
549	549	20 subdivision's status as a distressed political subdivision.
550	550	21 (b) Subject to subsection (e), in the case of a political subdivision
551	551	22 designated as distressed under this chapter, the board shall terminate
552	552	23 the political subdivision's status as a distressed political subdivision if
553	553	24 the board finds that the conditions found in section 6.5 of this chapter
554	554	25 are no longer applicable to the political subdivision and all the
555	555	26 following conditions are met:
556	556	27 (1) The political subdivision has achieved and maintained
557	557	28 financial solvency for a period of at least two (2) years, including
558	558	29 the following:
559	559	30 (A) Maintaining a structurally balanced budget for at least two
560	560	31 (2) years.
561	561	32 (B) Having no unpaid or past due critical contractual financial
562	562	33 obligations or vendor payments.
563	563	34 (2) The political subdivision has a fiscal plan that maintains
564	564	35 financial solvency for a period of at least five (5) years after the
565	565	36 termination of its distressed status.
566	566	37 (3) The political subdivision meets all other conditions identified
567	567	38 by the board.
568	568	39 (4) The board determines that the political subdivision is
569	569	40 financially stable.
570	570	41 (c) Notwithstanding subsection (b), in the case of a township
571	571	42 designated as distressed under section 6.7 of this chapter, the board
572	572	2022 IN 1187—LS 6691/DI 116 14
573	573	1 shall terminate the township's status as a distressed political
574	574	2 subdivision if the board finds that the township's township assistance
575	575	3 property tax rate (as defined in section 6.7(a) of this chapter) for the
576	576	4 current calendar year is not more than the result of:
577	577	5 (1) the statewide average township assistance property tax rate (as
578	578	6 determined by the department of local government finance) for
579	579	7 property taxes first due and payable in the preceding year;
580	580	8 multiplied by
581	581	9 (2) twelve (12).
582	582	10 (d) Notwithstanding any other section of this chapter, not later than
583	583	11 ninety (90) days after taking office, a new executive of a distressed
584	584	12 political subdivision may petition the board for suspension of the
585	585	13 political subdivision's distressed status. In the case of a political
586	586	14 subdivision designated as distressed under section 6.5 of this chapter,
587	587	15 the executive must include in its petition a written plan to resolve the
588	588	16 applicable issues described in section 6.5 of this chapter. In the case of
589	589	17 a township designated as distressed under section 6.7 of this chapter,
590	590	18 the executive must include in its petition a written plan to lower the
591	591	19 township's township assistance property tax rate (as defined in section
592	592	20 6.7(a) of this chapter). If the board approves the executive's written
593	593	21 plan, the board may suspend the political subdivision's distressed status
594	594	22 for one hundred eighty (180) days. Suspension under this chapter
595	595	23 terminates automatically upon expiration of the one hundred eighty
596	596	24 (180) day period. The board may consider a petition to terminate the
597	597	25 political subdivision's distressed status during a period of suspension.
598	598	26 (e) This subsection applies to the Gary Community School
599	599	27 Corporation. The governing body appointed under IC 20-23-12.1-3
600	600	28 shall appoint the emergency manager to serve as the
601	601	29 superintendent for one (1) year from the date the distressed unit
602	602	30 appeal board terminates the Gary Community School
603	603	31 Corporation's status as a distressed political subdivision under
604	604	32 subsection (b). The distressed unit appeal board shall pay the fee
605	605	33 for the emergency manager during the one (1) year period
606	606	34 described in this subsection from the funds appropriated to the
607	607	35 distressed unit appeal board.
608	608	36 SECTION 7. IC 20-23-8-5, AS AMENDED BY P.L.233-2015,
609	609	37 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
610	610	38 JULY 1, 2022]: Sec. 5. As used in this chapter, "school corporation"
611	611	39 means a local public school corporation established under the laws of
612	612	40 Indiana. The term does not include a school corporation covered by
613	613	41 IC 20-23-12, IC 20-23-12.1, IC 20-23-17, or IC 20-23-17.2.
614	614	42 SECTION 8. IC 20-23-12-1 IS REPEALED [EFFECTIVE UPON
615	615	2022 IN 1187—LS 6691/DI 116 15
616	616	1 PASSAGE]. Sec. 1. IC 20-23-8 does not apply to:
617	617	2 (1) a school corporation; or
618	618	3 (2) the governing body of a school corporation;
619	619	4 covered by this chapter.
620	620	5 SECTION 9. IC 20-23-12-3, AS AMENDED BY P.L.213-2018(ss),
621	621	6 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622	622	7 UPON PASSAGE]: Sec. 3. (a) The emergency manager appointed by
623	623	8 the distressed unit appeal board under IC 6-1.1-20.3 shall act as the
624	624	9 governing body of the school corporation and has the powers set forth
625	625	10 in IC 6-1.1-20.3-8.5, including the powers and duties of the governing
626	626	11 body of the school corporation until the school corporation's status
627	627	12 as a distressed political subdivision is terminated under
628	628	13 IC 6-1.1-20.3-13(b). The school corporation shall also have an
629	629	14 advisory board that consists of seven (7) members elected as follows:
630	630	15 (1) On a nonpartisan basis.
631	631	16 (2) In a general election in the county.
632	632	17 The advisory board is created to provide nonbinding recommendations
633	633	18 to the emergency manager.
634	634	19 (b) Six (6) of the members shall be elected from the school districts
635	635	20 drawn under section 4 of this chapter. Each member:
636	636	21 (1) is elected from the school district in which the member
637	637	22 resides; and
638	638	23 (2) upon election and in conducting the business of the advisory
639	639	24 board, represents the interests of the entire school corporation.
640	640	25 (c) One (1) of the members elected:
641	641	26 (1) is the at-large member of the advisory board;
642	642	27 (2) may reside in any of the districts drawn under section 4 of this
643	643	28 chapter; and
644	644	29 (3) upon election and in conducting the business of the advisory
645	645	30 board, represents the interests of the entire school corporation.
646	646	31 (d) A per diem may not be paid to a member.
647	647	32 (e) The advisory board may hold a public meeting subject to the
648	648	33 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
649	649	34 advisory board is subject to IC 5-14-1.5 (the open door law) for these
650	650	35 meetings. The advisory board may hold additional meetings that are
651	651	36 authorized as executive sessions under IC 5-14-1.5 (the open door law)
652	652	37 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
653	653	38 public notice requirements of IC 5-14-1.5 (the open door law) for these
654	654	39 additional meetings. The records of the advisory board are subject to
655	655	40 IC 5-14-3 (access to public records).
656	656	41 SECTION 10. IC 20-23-12-4 IS REPEALED [EFFECTIVE UPON
657	657	42 PASSAGE]. Sec. 4. The districts are drawn on the same lines as the
658	658	2022 IN 1187—LS 6691/DI 116 16
659	659	1 common council districts referred to in IC 36-4-6-3.
660	660	2 SECTION 11. IC 20-23-12-5 IS REPEALED [EFFECTIVE UPON
661	661	3 PASSAGE]. Sec. 5. (a) The six (6) members who are elected for a
662	662	4 position on the advisory board described under section 3(b) of this
663	663	5 chapter are determined as follows:
664	664	6 (1) Each prospective candidate must file a nomination petition
665	665	7 with the board of elections and registration not earlier than one
666	666	8 hundred four (104) days and not later than noon seventy-four (74)
667	667	9 days before the election at which the members are to be elected
668	668	10 that includes the following information:
669	669	11 (A) The name of the prospective candidate.
670	670	12 (B) The district in which the prospective candidate resides.
671	671	13 (C) The signatures of at least one hundred (100) registered
672	672	14 voters residing in the school corporation.
673	673	15 (D) The fact that the prospective candidate is running for a
674	674	16 district position.
675	675	17 (E) A certification that the prospective candidate meets the
676	676	18 qualifications for candidacy imposed by this chapter.
677	677	19 (2) Only eligible voters residing in the district may vote for a
678	678	20 candidate.
679	679	21 (3) The candidate within each district who receives the greatest
680	680	22 number of votes in the district is elected.
681	681	23 (b) The at-large member elected under section 3(c) of this chapter
682	682	24 is determined as follows:
683	683	25 (1) Each prospective candidate must file a nomination petition
684	684	26 with the clerk of the circuit court at least seventy-four (74) days
685	685	27 before the election at which the at-large member is to be elected.
686	686	28 The petition must include the following information:
687	687	29 (A) The name of the prospective candidate.
688	688	30 (B) The signatures of at least one hundred (100) registered
689	689	31 voters residing within the school corporation.
690	690	32 (C) The fact that the prospective candidate is running for the
691	691	33 at-large position on the advisory board.
692	692	34 (D) A certification that the prospective candidate meets the
693	693	35 qualifications for candidacy imposed by this chapter.
694	694	36 (2) Only eligible voters residing in the school corporation may
695	695	37 vote for a candidate.
696	696	38 (3) The candidate who:
697	697	39 (A) runs for the at-large position on the advisory board; and
698	698	40 (B) receives the greatest number of votes in the school
699	699	41 corporation;
700	700	42 is elected to the at-large position.
701	701	2022 IN 1187—LS 6691/DI 116 17
702	702	1 SECTION 12. IC 20-23-12-6 IS REPEALED [EFFECTIVE UPON
703	703	2 PASSAGE]. Sec. 6. (a) A candidate who runs for a position on the
704	704	3 advisory board described under section 3(b) of this chapter must reside
705	705	4 in the school corporation district for which the candidate filed.
706	706	5 (b) A candidate who runs for the at-large position on the advisory
707	707	6 board described in section 3(c) of this chapter must reside in the school
708	708	7 corporation.
709	709	8 SECTION 13. IC 20-23-12-7 IS REPEALED [EFFECTIVE UPON
710	710	9 PASSAGE]. Sec. 7. The state board, with assistance from the county
711	711	10 election board, shall establish:
712	712	11 (1) balloting procedures under IC 3 for the election; and
713	713	12 (2) all other procedures required to implement this chapter.
714	714	13 SECTION 14. IC 20-23-12-8 IS REPEALED [EFFECTIVE UPON
715	715	14 PASSAGE]. Sec. 8. (a) The term of each person elected to serve on the
716	716	15 advisory board is four (4) years.
717	717	16 (b) The term of each person elected to serve on the advisory board
718	718	17 begins on the date set in the school corporation's organization plan. The
719	719	18 date set in the organization plan for an elected member of the advisory
720	720	19 board to take office may not be more than fourteen (14) months after
721	721	20 the date of the member's election. If the school corporation's
722	722	21 organization plan does not set a date for an elected member of the
723	723	22 advisory board to take office, the member takes office January 1 that
724	724	23 immediately follows the person's election.
725	725	24 SECTION 15. IC 20-23-12-9 IS REPEALED [EFFECTIVE UPON
726	726	25 PASSAGE]. Sec. 9. The members are elected as follows:
727	727	26 (1) Three (3) of the members elected under section 3(b) of this
728	728	27 chapter are elected at the general election to be held in 2020 and
729	729	28 every four (4) years thereafter.
730	730	29 (2) Three (3) of the members elected under section 3(b) of this
731	731	30 chapter are elected at the general election to be held in 2022 and
732	732	31 every four (4) years thereafter.
733	733	32 (3) The at-large member elected under section 3(c) of this chapter
734	734	33 is elected at the general election to be held in 2024 and every four
735	735	34 (4) years thereafter.
736	736	35 SECTION 16. IC 20-23-12-10 IS REPEALED [EFFECTIVE UPON
737	737	36 PASSAGE]. Sec. 10. (a) A vacancy on the advisory board is created
738	738	37 when:
739	739	38 (1) a member:
740	740	39 (A) dies;
741	741	40 (B) resigns from the advisory board;
742	742	41 (C) ceases to be a resident of the school corporation;
743	743	42 (D) fails to attend, except for reason of chronic illness, six (6)
744	744	2022 IN 1187—LS 6691/DI 116 18
745	745	1 regularly scheduled meetings of the advisory board in any
746	746	2 twelve (12) month period; or
747	747	3 (E) ceases to be a resident of the school district in which the
748	748	4 member was elected; or
749	749	5 (2) a vacancy is created under any other law.
750	750	6 (b) The advisory board shall temporarily fill a vacancy on the
751	751	7 advisory board as soon as practicable after the vacancy occurs.
752	752	8 SECTION 17. IC 20-23-12-11 IS REPEALED [EFFECTIVE UPON
753	753	9 PASSAGE]. Sec. 11. Before August 1 of each year, the school
754	754	10 corporation shall file with the secretary of education a list of the:
755	755	11 (1) names and addresses of members of the school corporation's
756	756	12 advisory board;
757	757	13 (2) names and addresses of the school corporation's officers; and
758	758	14 (3) expiration dates of the terms of the school corporation's
759	759	15 members and officers.
760	760	16 The school corporation shall file any change in the list not later than
761	761	17 thirty (30) days after the change occurs.
762	762	18 SECTION 18. IC 20-23-12.1 IS ADDED TO THE INDIANA
763	763	19 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
764	764	20 [EFFECTIVE JULY 1, 2022]:
765	765	21 Chapter 12.1. Appointment of Board Members for Gary
766	766	22 Community School Corporation
767	767	23 Sec. 1. IC 20-23-8 does not apply to:
768	768	24 (1) a school corporation; or
769	769	25 (2) the governing body of a school corporation;
770	770	26 covered by this chapter.
771	771	27 Sec. 2. As used in this chapter, "school corporation" means the
772	772	28 Gary Community School Corporation.
773	773	29 Sec. 3. (a) The governing body of the Gary Community School
774	774	30 Corporation consists of the following seven (7) members:
775	775	31 (1) Five (5) members appointed by the secretary of education.
776	776	32 Except as provided in subsection (b), the member's term is
777	777	33 four (4) years.
778	778	34 (2) Two (2) members appointed by the secretary of education.
779	779	35 One (1) of the members appointed under this subdivision shall
780	780	36 be from a group of three (3) candidates recommended by the
781	781	37 executive of the city of Gary. One (1) of the members
782	782	38 appointed under this subdivision shall be from a group of
783	783	39 three (3) candidates recommended by the Gary city council.
784	784	40 Except as provided in subsection (b), each member's term is
785	785	41 four (4) years.
786	786	42 (b) Three (3) of the members appointed by the secretary of
787	787	2022 IN 1187—LS 6691/DI 116 19
788	788	1 education under subsection (a) whose term commences July 1,
789	789	2 2022, shall serve an initial term of two (2) years. This subsection
790	790	3 expires July 1, 2024.
791	791	4 (c) A member's term expires June 30 in the applicable year in
792	792	5 which the member's term expires. A member appointed under
793	793	6 subsection (a) may be reappointed to an unlimited number of
794	794	7 terms.
795	795	8 (d) At least four (4) members appointed under subsection (a)
796	796	9 must be residents of the city of Gary.
797	797	10 (e) A member of the governing body serves at the pleasure of the
798	798	11 member's appointing authority. Vacancies in the appointments to
799	799	12 the governing body shall be filled by the secretary of education in
800	800	13 accordance with the term requirements established in subsection
801	801	14 (a). A member appointed under this subsection serves for the
802	802	15 remainder of the unexpired term.
803	803	16 (f) Until June 30, 2024, the chairperson of the governing body
804	804	17 shall be a member appointed by the secretary of education. After
805	805	18 June 30, 2024, the members appointed to the governing body shall
806	806	19 elect one (1) of the appointed members to serve as chairperson.
807	807	20 Sec. 4. The governing body appointed under section 3 of this
808	808	21 chapter shall serve in an advisory capacity to the distressed unit
809	809	22 appeal board and the emergency manager appointed by the
810	810	23 distressed unit appeal board under IC 6-1.1-20.3, until the later of:
811	811	24 (1) July 1, 2023; or
812	812	25 (2) the date on which the school corporation's status as a
813	813	26 distressed political subdivision is terminated.
814	814	27 Sec. 5. (a) On the later of:
815	815	28 (1) July 1, 2023; or
816	816	29 (2) the date on which the school corporation's status as a
817	817	30 distressed political subdivision is terminated;
818	818	31 the governing body appointed under section 3 of this chapter
819	819	32 assumes all the powers, rights, duties, and obligations of a
820	820	33 community school corporation as set forth in IC 20-23-4-26.
821	821	34 (b) For the purposes of annual budgeting, IC 6-1.1-17-20 does
822	822	35 not apply to the governing body. The governing body is considered
823	823	36 a governing body with the majority of members elected for the
824	824	37 purposes of annual budgeting.
825	825	38 Sec. 6. The governing body appointed under section 3 of this
826	826	39 chapter may not meet more than one (1) time per month unless:
827	827	40 (1) for the period in which the governing body appointed
828	828	41 under section 3 of this chapter acts in an advisory capacity,
829	829	42 the distressed unit appeal board or the emergency manager
830	830	2022 IN 1187—LS 6691/DI 116 20
831	831	1 requests additional meetings; or
832	832	2 (2) after the date on which the school corporation's status as
833	833	3 a distressed political subdivision is terminated under
834	834	4 IC 6-1.1-20.3-13(b), the superintendent of the school
835	835	5 corporation requests additional meetings.
836	836	6 Sec. 7. Not later than October 31, 2024, and each October 31
837	837	7 thereafter, the governing body shall submit to the distressed unit
838	838	8 appeal board a report summarizing the financial position and
839	839	9 operations of the school corporation for the previous state fiscal
840	840	10 year.
841	841	11 SECTION 19. IC 20-29-2-6, AS AMENDED BY P.L.272-2019,
842	842	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
843	843	13 UPON PASSAGE]: Sec. 6. "Deficit financing" for a budget year:
844	844	14 (1) means, except as provided in subdivision (2), actual
845	845	15 expenditures exceeding the employer's current year actual
846	846	16 education fund revenue and, for a school employer for which the
847	847	17 voters have passed an operating referendum tax levy under
848	848	18 IC 20-46-1 or a school safety referendum tax levy under
849	849	19 IC 20-46-9, the amount of revenue certified by the department of
850	850	20 local government finance; or
851	851	21 (2) means, in the case of any distressed school corporation, the
852	852	22 Gary Community School Corporation, or the Muncie Community
853	853	23 school corporation or any other distressed school corporation
854	854	24 other than the Gary Community School Corporation, actual
855	855	25 expenditures plus additional payments against any outstanding
856	856	26 debt obligations exceeding the employer's current year actual
857	857	27 education fund revenue, and, for a school employer for which the
858	858	28 voters have passed an operating referendum tax levy under
859	859	29 IC 20-46-1 or a school safety referendum tax levy under
860	860	30 IC 20-46-9, the amount of revenue certified by the department of
861	861	31 local government finance.
862	862	32 Except as provided in IC 20-29-6-3(c), revenue does not include money
863	863	33 estimated to be or actually transferred from the school corporation's
864	864	34 operations fund to its education fund.
865	865	35 SECTION 20. IC 20-29-2-12, AS AMENDED BY P.L.233-2015,
866	866	36 SECTION 221, IS AMENDED TO READ AS FOLLOWS
867	867	37 [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) Except as provided in
868	868	38 subsection (b), "school corporation" means a local public school
869	869	39 corporation established under Indiana law. The term includes any:
870	870	40 (1) school city;
871	871	41 (2) school town;
872	872	42 (3) consolidated school corporation;
873	873	2022 IN 1187—LS 6691/DI 116 21
874	874	1 (4) metropolitan school district;
875	875	2 (5) township school corporation;
876	876	3 (6) county school corporation;
877	877	4 (7) united school corporation;
878	878	5 (8) community school corporation; and
879	879	6 (9) public career and technical education center or school or
880	880	7 school for children with disabilities established or maintained by
881	881	8 two (2) or more school corporations.
882	882	9 (b) After June 30, 2023, the term does not include the Gary
883	883	10 Community School Corporation.
884	884	11 SECTION 21. IC 20-29-4-1, AS AMENDED BY P.L.229-2011,
885	885	12 SECTION 177, IS AMENDED TO READ AS FOLLOWS
886	886	13 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) After June, 30, 2023,
887	887	14 this section does not apply to the Gary Community School
888	888	15 Corporation.
889	889	16 (b) School employees may:
890	890	17 (1) form, join, or assist school employee organizations;
891	891	18 (2) participate in collective bargaining with school employers
892	892	19 through representatives of their own choosing; and
893	893	20 (3) engage in other activities, individually or in concert;
894	894	21 to establish, maintain, or improve salaries, wages, salary and wage
895	895	22 related fringe benefits, and other matters set forth in IC 20-29-6-4 and
896	896	23 IC 20-29-6-5.
897	897	24 SECTION 22. IC 20-29-6-1.5 IS ADDED TO THE INDIANA
898	898	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
899	899	26 [EFFECTIVE UPON PASSAGE]: Sec. 1.5. After December 31, 2021,
900	900	27 an exclusive representative of the Gary Community School
901	901	28 Corporation may not enter into a collective bargaining agreement
902	902	29 with the Gary Community School Corporation.
903	903	30 SECTION 23. IC 34-30-2-16.3, AS ADDED BY P.L.86-2018,
904	904	31 SECTION 237, IS AMENDED TO READ AS FOLLOWS
905	905	32 [EFFECTIVE UPON PASSAGE]: Sec. 16.3. IC 6-1.1-20.3-7.5
906	906	33 (Concerning an act or omission of a fiscal management board member,
907	907	34 an emergency manager, a chief financial officer, or a chief academic
908	908	35 officer within the scope of and arising out of the performance of
909	909	36 prescribed duties in a distressed political subdivision).
910	910	37 SECTION 24. [EFFECTIVE UPON PASSAGE] (a) As used in this
911	911	38 SECTION, "advisory board" refers to the Gary public schools
912	912	39 advisory board established under IC 20-23-12-3, before its
913	913	40 amendment by this act.
914	914	41 (b) As used in this SECTION, "governing body" refers to the
915	915	42 governing body appointed by the secretary of education under
916	916	2022 IN 1187—LS 6691/DI 116 22
917	917	1 IC 20-23-12.1-3, as added by this act.
918	918	2 (c) The terms of the members of the advisory board expire upon
919	919	3 passage of this act.
920	920	4 (d) The term of the member appointed to the fiscal management
921	921	5 board under IC 6-1.1-20.3-6.8(g)(1), before its amendment by this
922	922	6 act, expires upon passage of this act.
923	923	7 (e) Before July 1, 2022, the secretary of education shall appoint
924	924	8 the initial members to the governing body in the manner
925	925	9 prescribed by IC 20-23-12.1-3, as added by this act.
926	926	10 (f) The initial terms for members of the governing body
927	927	11 appointed under subsection (e) begin July 1, 2022.
928	928	12 (g) This SECTION expires July 1, 2025.
929	929	13 SECTION 25. An emergency is declared for this act.
930	930	2022 IN 1187—LS 6691/DI 116