Indiana 2022 Regular Session

Indiana Senate Bill SB0290 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0290.1
	2	+	February 17, 2022
	3	+	ENGROSSED
	4	+	SENATE BILL No. 290
	5	+	_____
	6	+	DIGEST OF SB 290 (Updated February 16, 2022 12:45 pm - DI 147)
	7	+	Citations Affected: IC 20-19; IC 20-26; IC 20-28; IC 20-30;
	8	+	IC 20-43; noncode.
	9	+	Synopsis: Various education matters. Requires the department of
	10	+	education (department) to establish a career coaching pilot program to
	11	+	award grants to school corporations to establish career coaching
	12	+	programs for students of the school corporation. Beginning July 1,
	13	+	2022, requires the department to annually submit a report to the general
	14	+	assembly in an electronic format that provides certain information
	15	+	concerning high school graduation waiver rates and graduation
	16	+	pathways and to post the report on the department's Internet web site.
	17	+	Requires the attorney representing a governing body of a school
	18	+	corporation, at the governing body's first regular meeting each year, to
	19	+	provide certain information to the governing body, the superintendent,
	20	+	and the members of the public attending the meeting. Provides that at
	21	+	least 14 days before a contract for employment is entered into by a
	22	+	governing body and a school superintendent, the governing body shall
	23	+	hold a public meeting on the proposed contract at which public
	24	+	comment is heard. (Current law provides that at least seven days before
	25	+	a contract for employment is entered into by a governing body and a
	26	+	school superintendent, the governing body shall hold a public meeting
	27	+	(Continued next page)
	28	+	Effective: Upon passage; July 1, 2021 (retroactive); July 1, 2022.
	29	+	Raatz, Kruse
	30	+	(HOUSE SPONSORS — BEHNING, JORDAN)
	31	+	January 10, 2022, read first time and referred to Committee on Appropriations.
	32	+	January 20, 2022, amended, reported favorably — Do Pass.
	33	+	January 27, 2022, read second time, ordered engrossed. Engrossed.
	34	+	February 1, 2022, read third time, passed. Yeas 48, nays 0.
	35	+	HOUSE ACTION
	36	+	February 8, 2022, read first time and referred to Committee on Education.
	37	+	February 17, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
	38	+	Means pursuant to Rule 127.
	39	+	ES 290—LS 7107/DI 110 Digest Continued
	40	+	on the proposed contract at which public comment is heard.) Provides
	41	+	that the governing body must conduct another public meeting to
	42	+	discuss the tentative superintendent contract at least 72 hours before it
	43	+	is approved by the governing body. Provides that the superintendent's
	44	+	total compensation may not increase from the superintendent's total
	45	+	compensation for the immediately preceding year by a percentage that
	46	+	exceeds the percentage increase for the average total compensation
	47	+	paid to a full-time teacher for the same period. Provides that, if the total
	48	+	amount of state tuition support that a school corporation receives or
	49	+	will receive during a school year decreases under the student
	50	+	instructional day reduction of tuition support provision by an amount
	51	+	that is equal to or more than $250,000 from the amount the school
	52	+	corporation would otherwise be eligible to receive during the school
	53	+	year, the budget committee shall review the amount of and the reason
	54	+	for the decrease before the implementation of the decrease. Provides
	55	+	that, if an adjustment by the state board of education (state board) of
	56	+	the count of enrolled eligible pupils for one or more school
	57	+	corporations would increase or decrease the total distribution of state
	58	+	tuition support in an amount that is equal to or more than $250,000, the
	59	+	adjustment must be reviewed by the budget committee before the state
	60	+	board may adjust the enrollment count. Provides that, if the state board
	61	+	determines that extreme patterns of certain conditions on the count day
	62	+	or the subsequent adjustment date cause the enrollment to be
	63	+	unrepresentative of the enrollment of one or more school corporations
	64	+	by a count of eligible pupils that would increase or decrease the total
	65	+	distribution of state tuition support in an amount that is equal to or
	66	+	more than $250,000 as a result of changing the count day, the state
	67	+	board may designate another day for determining the enrollment of the
	68	+	one or more school corporations after review by the budget committee.
	69	+	(Current law allows the state board to designate another day for
	70	+	determining a school corporation's enrollment if the state board
	71	+	determines that extreme patterns of certain conditions on the count day
	72	+	or the subsequent adjustment date cause the enrollment to be
	73	+	unrepresentative of the school corporation's enrollment.) Provides that
	74	+	the state board shall assign to a school or school corporation (including
	75	+	adult high schools) a "null" or "no letter grade" for the 2021-2022
	76	+	school year.
	77	+	ES 290—LS 7107/DI 110ES 290—LS 7107/DI 110 February 17, 2022
1	78		Second Regular Session of the 122nd General Assembly (2022)
2	79		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	80		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	81		additions will appear in this style type, and deletions will appear in this style type.
5	82		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	83		provision adopted), the text of the new provision will appear in this style type. Also, the
7	84		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	85		a new provision to the Indiana Code or the Indiana Constitution.
9	86		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	87		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 290
12		-	AN ACT to amend the Indiana Code concerning education.
	88	+	ENGROSSED
	89	+	SENATE BILL No. 290
	90	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	91	+	education.
13	92		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 20-19-3-23.5 IS ADDED TO THE INDIANA
15		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
16		-	[EFFECTIVE JULY 1, 2022]: Sec. 23.5. (a) The department shall
17		-	establish a career coaching pilot program to award grants to
18		-	school corporations to establish career coaching programs for
19		-	students of the school corporation.
20		-	(b) The department shall do the following:
21		-	(1) Establish requirements for participation in the pilot
22		-	program.
23		-	(2) Select school corporations to participate in the pilot
24		-	program.
25		-	(3) Determine the amount of and award grants to school
26		-	corporations under the pilot program.
27		-	(4) Collect information regarding the career coaching
28		-	programs implemented by the school corporations
29		-	participating in the pilot program.
30		-	(5) Collect information from the following individuals or
31		-	entities participating in the career coaching pilot program:
32		-	(A) Counselors.
33		-	(B) Third party vendors.
34		-	(C) Any other appropriate individuals or entities, as
35		-	determined by the department.
36		-	SEA 290 — CC 1 2
37		-	(c) The department shall require that career coaching programs
38		-	implemented by a school corporation use:
39		-	(1) a counselor employed by the school corporation;
40		-	(2) a third party vendor that provides career coaching
41		-	services; or
42		-	(3) both counselors and third party vendors.
43		-	However, at least one (1) school corporation shall use a third party
44		-	vendor that provides career coaching services, instead of or in
45		-	addition to a counselor employed by a school corporation, in the
46		-	school corporation's career coaching program.
47		-	(d) Not later than November 1, 2022, and not later than
48		-	November 1 each year thereafter, the department shall prepare
49		-	and submit to the legislative council in an electronic format under
50		-	IC 5-14-6 a report that provides information concerning the pilot
51		-	program.
52		-	(e) This section expires July 1, 2025.
53		-	SECTION 2. IC 20-19-3-25.5 IS ADDED TO THE INDIANA
	93	+	1 SECTION 1. IC 20-19-3-23.5 IS ADDED TO THE INDIANA
	94	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	95	+	3 [EFFECTIVE JULY 1, 2022]: Sec. 23.5. (a) The department shall
	96	+	4 establish a career coaching pilot program to award grants to
	97	+	5 school corporations to establish career coaching programs for
	98	+	6 students of the school corporation.
	99	+	7 (b) The department shall do the following:
	100	+	8 (1) Establish requirements for participation in the pilot
	101	+	9 program.
	102	+	10 (2) Select school corporations to participate in the pilot
	103	+	11 program.
	104	+	12 (3) Determine the amount of and award grants to school
	105	+	13 corporations under the pilot program.
	106	+	14 (4) Collect information regarding the career coaching
	107	+	15 programs implemented by the school corporations
	108	+	ES 290—LS 7107/DI 110 2
	109	+	1 participating in the pilot program.
	110	+	2 (5) Collect information from the following individuals or
	111	+	3 entities participating in the career coaching pilot program:
	112	+	4 (A) Counselors.
	113	+	5 (B) Third party vendors.
	114	+	6 (C) Any other appropriate individuals or entities, as
	115	+	7 determined by the department.
	116	+	8 (c) The department shall require that career coaching programs
	117	+	9 implemented by a school corporation use:
	118	+	10 (1) a counselor employed by the school corporation;
	119	+	11 (2) a third party vendor that provides career coaching
	120	+	12 services; or
	121	+	13 (3) both counselors and third party vendors.
	122	+	14 However, at least one (1) school corporation shall use a third party
	123	+	15 vendor that provides career coaching services, instead of or in
	124	+	16 addition to a counselor employed by a school corporation, in the
	125	+	17 school corporation's career coaching program.
	126	+	18 (d) Not later than November 1, 2022, and not later than
	127	+	19 November 1, each year thereafter, the department shall prepare
	128	+	20 and submit to the legislative council in an electronic format under
	129	+	21 IC 5-14-6 a report that provides information concerning the pilot
	130	+	22 program.
	131	+	23 (e) This section expires July 1, 2025.
	132	+	24 SECTION 2. IC 20-19-3-25.5 IS ADDED TO THE INDIANA
	133	+	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
	134	+	26 [EFFECTIVE UPON PASSAGE]: Sec. 25.5. Before July 1, 2022, and
	135	+	27 before July 1 of each year thereafter, the department shall submit
	136	+	28 a report to the general assembly in an electronic format under
	137	+	29 IC 5-14-6 that provides the following information based on the
	138	+	30 previous five (5) year period:
	139	+	31 (1) The graduation waiver rate of each:
	140	+	32 (A) secondary school within a school corporation; and
	141	+	33 (B) charter high school.
	142	+	34 (2) The:
	143	+	35 (A) particular graduation pathways that each secondary
	144	+	36 school within a school corporation and each charter high
	145	+	37 school use; and
	146	+	38 (B) percentage of students who graduated with each
	147	+	39 particular graduation pathway.
	148	+	40 The department shall also post the report described in this section
	149	+	41 on the department's Internet web site.
	150	+	42 SECTION 3. IC 20-26-4-3, AS AMENDED BY P.L.233-2015,
	151	+	ES 290—LS 7107/DI 110 3
	152	+	1 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	153	+	2 JULY 1, 2022]: Sec. 3. (a) Regular meetings must be held by each
	154	+	3 governing body at a time and place established by resolution of the
	155	+	4 board or may be incorporated in the rules provided in IC 20-26-5-4. A
	156	+	5 notice need not be given a member for holding or taking any action at
	157	+	6 a regular meeting.
	158	+	7 (b) If a meeting is held according to a procedure set forth by statute
	159	+	8 or rule and if publication of notice of the meeting is required, notice of
	160	+	9 the meeting is not required and need not be given a member for holding
	161	+	10 or taking any action at the meeting contemplated by the notice. The
	162	+	11 meeting must be held at the time and place specified in the published
	163	+	12 notice.
	164	+	13 (c) Special meetings of a governing body must be held on call by the
	165	+	14 governing body's president or by the superintendent of the school
	166	+	15 corporation. The call must be evidenced by a written notice specifying
	167	+	16 the date, time, and place of the meeting, delivered to each member
	168	+	17 personally or sent by mail or telegram so that each member has at least
	169	+	18 seventy-two (72) hours notice of the special meeting. Special meetings
	170	+	19 must be held at the regular meeting place of the board.
	171	+	20 (d) All meetings of a governing body must be open to the public to
	172	+	21 the extent required by IC 5-14-1.5. The governing body shall comply
	173	+	22 with IC 5-14-1.5.
	174	+	23 (e) If notice of a meeting is required and each member of a
	175	+	24 governing body has waived notice of the meeting, as provided in this
	176	+	25 subsection, notice of the meeting is not necessary. Waiver of notice of
	177	+	26 a meeting by a member consists of the following:
	178	+	27 (1) The member's presence at the meeting.
	179	+	28 (2) The member's execution of a written notice waiving the date,
	180	+	29 time, and place of the meeting, executed either before or after the
	181	+	30 meeting. If a waiver specifies that the waiver was executed before
	182	+	31 the meeting, third persons are entitled to rely on the statement.
	183	+	32 (f) At a meeting of the governing body, a majority of the members
	184	+	33 constitutes a quorum. Action may not be taken unless a quorum is
	185	+	34 present. Except where a larger vote is required by statute or rule with
	186	+	35 respect to any matter, a majority of the members present may adopt a
	187	+	36 resolution or take any action.
	188	+	37 (g) All meetings of the governing body for the conduct of business
	189	+	38 must be held within the school corporation, except as follows:
	190	+	39 (1) Meetings may be held at the administrative offices of the
	191	+	40 school corporation if the offices are outside the geographic limits
	192	+	41 of the school corporation but are within a county where all or a
	193	+	42 part of the school corporation is located.
	194	+	ES 290—LS 7107/DI 110 4
	195	+	1 (2) Meetings may be held at a place where the statute or rule
	196	+	2 according to which a statutory meeting is held permits meeting
	197	+	3 outside the school corporation, as may occur when the meeting is
	198	+	4 held jointly with another governing body.
	199	+	5 (h) A governing body may hold up to two (2) training sessions each
	200	+	6 year outside the school corporation. The sessions may be conducted as
	201	+	7 executive sessions under IC 5-14-1.5.
	202	+	8 (i) Each year, at the first regular meeting of a governing body,
	203	+	9 the attorney representing the governing body shall provide to the
	204	+	10 governing body, the superintendent of the school corporation, and
	205	+	11 the members of the public attending the meeting the following
	206	+	12 information:
	207	+	13 (1) The powers and duties of the governing body and the
	208	+	14 superintendent, as provided by statute.
	209	+	15 (2) The nature of the superintendent's employment with the
	210	+	16 governing body, including that the superintendent is
	211	+	17 employed by, and accountable to, the governing body.
	212	+	18 SECTION 4. IC 20-26-5-4.3, AS ADDED BY P.L.148-2012,
	213	+	19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	214	+	20 JULY 1, 2022]: Sec. 4.3. (a) At least seven (7) fourteen (14) days
	215	+	21 before a contract for employment is entered into by a governing body
	216	+	22 and a school superintendent, the governing body shall hold a public
	217	+	23 meeting on the proposed contract at which public comment is heard.
	218	+	24 The governing body is not required to disclose the identity of the
	219	+	25 candidate for superintendent at the public meeting.
	220	+	26 (b) In addition to the public meeting described in subsection (a),
	221	+	27 the governing body must conduct a public meeting to discuss the
	222	+	28 tentative superintendent's contract at least seventy-two (72) hours
	223	+	29 before it is approved by the governing body. The governing body
	224	+	30 must take public comment relating to the terms of the tentative
	225	+	31 contract.
	226	+	32 (b) (c) Notice of the meeting meetings described in subsections (a)
	227	+	33 and (b) on the proposed contract shall be given in accordance with
	228	+	34 IC 5-3-1 and posted on the school corporation's Internet web site.
	229	+	35 (c) (d) The notice provided in subsection (b) (c) must:
	230	+	36 (1) state that on a given day, time, and place the governing body
	231	+	37 will meet to discuss and hear objections to and support for the
	232	+	38 proposed contract; and
	233	+	39 (2) set forth the details of the proposed contract, including the
	234	+	40 actual monetary value of the contract, benefits, and any additional
	235	+	41 forms of compensation for each year of the contract.
	236	+	42 (d) (e) A governing body shall post the provisions of an employment
	237	+	ES 290—LS 7107/DI 110 5
	238	+	1 contract that the governing body enters into with a superintendent of
	239	+	2 the school corporation on the school corporation's Internet web site.
	240	+	3 SECTION 5. IC 20-28-8-6, AS AMENDED BY P.L.155-2020,
	241	+	4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	242	+	5 JULY 1, 2022]: Sec. 6. (a) A contract entered into by a governing body
	243	+	6 and its superintendent is subject to the following conditions:
	244	+	7 (1) If the superintendent holds a license under IC 20-28-5, the
	245	+	8 basic contract must be in the form of the regular teacher's
	246	+	9 contract.
	247	+	10 (2) The contract may be altered or rescinded for a new one at any
	248	+	11 time by mutual consent of the governing body and the
	249	+	12 superintendent. The consent of both parties must be in writing and
	250	+	13 must be expressed in a manner consistent with this section and
	251	+	14 section 7 of this chapter.
	252	+	15 (3) If the superintendent holds a license under IC 20-28-5, the
	253	+	16 rights of a superintendent as a teacher under any other law are not
	254	+	17 affected by the contract. However, if a right of a superintendent
	255	+	18 as a teacher under any other law conflicts with the conditions
	256	+	19 under subsection (b), subsection (b) governs.
	257	+	20 (4) For a contract entered into or renewed after June 30, 2017, the
	258	+	21 conditions set forth under subsection (b).
	259	+	22 (b) This subsection applies to contracts entered into or renewed after
	260	+	23 June 30, 2017. A contract entered into by a governing body and its
	261	+	24 superintendent is subject to the following conditions:
	262	+	25 (1) The contract must be for a term of at least one (1) year and not
	263	+	26 more than three (3) years. However, a contract may be extended
	264	+	27 for not more than an additional five (5) years beyond the term of
	265	+	28 the original contract.
	266	+	29 (2) If the contract contains a provision that establishes an amount
	267	+	30 the governing body must pay to the superintendent to buy out the
	268	+	31 contract, the amount may not be more than an amount equal to the
	269	+	32 lesser of:
	270	+	33 (A) the superintendent's salary for any one (1) year under the
	271	+	34 contract; or
	272	+	35 (B) two hundred fifty thousand dollars ($250,000).
	273	+	36 A superintendent's salary under clause (A) does not include
	274	+	37 benefits or any other forms of compensation that the
	275	+	38 superintendent receives as payment under the contract other than
	276	+	39 the superintendent's salary.
	277	+	40 (c) This subsection applies to contracts entered into or renewed
	278	+	41 after June 30, 2022. The superintendent's total compensation may
	279	+	42 not increase from the superintendent's total compensation for the
	280	+	ES 290—LS 7107/DI 110 6
	281	+	1 immediately preceding year by a percentage that exceeds the
	282	+	2 percentage increase for the average total compensation paid to a
	283	+	3 full-time teacher for the same period.
	284	+	4 (c) (d) This subsection applies to a governing body in which at least
	285	+	5 one (1) member is elected. After June 30, 2021, a governing body may
	286	+	6 not enter into a contract with a superintendent under this section on or
	287	+	7 after the date of the election for one (1) or more members of the
	288	+	8 governing body until January 1 of the year immediately following the
	289	+	9 year of the election. However, this subsection does not apply if the
	290	+	10 membership of the governing body does not change as a result of the
	291	+	11 particular election.
	292	+	12 SECTION 6. IC 20-30-2-4, AS ADDED BY P.L.1-2005, SECTION
	293	+	13 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
	294	+	14 2022]: Sec. 4. (a) If a school corporation fails to conduct the minimum
	295	+	15 number of student instructional days during a school year as required
	296	+	16 under section 3 of this chapter, the department shall reduce the August
	297	+	17 tuition support distribution to that school corporation for a school year
	298	+	18 by an amount determined as follows:
	299	+	19 STEP ONE: Determine the remainder of:
	300	+	20 (A) the amount of the total tuition support allocated to the
	301	+	21 school corporation for the particular school year; minus
	302	+	22 (B) that part of the total tuition support allocated to the school
	303	+	23 corporation for that school year with respect to student
	304	+	24 instructional days one hundred seventy-six (176) through one
	305	+	25 hundred eighty (180).
	306	+	26 STEP TWO: Subtract the number of student instructional days
	307	+	27 that the school corporation conducted from one hundred eighty
	308	+	28 (180).
	309	+	29 STEP THREE: Determine the lesser of five (5) or the remainder
	310	+	30 determined under STEP TWO.
	311	+	31 STEP FOUR: Divide the amount subtracted under STEP ONE(B)
	312	+	32 by five (5).
	313	+	33 STEP FIVE: Multiply the quotient determined under STEP FOUR
	314	+	34 by the number determined under STEP THREE.
	315	+	35 STEP SIX: Subtract the number determined under STEP THREE
	316	+	36 from the remainder determined under STEP TWO.
	317	+	37 STEP SEVEN: Divide the remainder determined under STEP
	318	+	38 ONE by one hundred seventy-five (175).
	319	+	39 STEP EIGHT: Multiply the quotient determined under STEP
	320	+	40 SEVEN by the remainder determined under STEP SIX.
	321	+	41 STEP NINE: Add the product determined under STEP FIVE to
	322	+	42 the product determined under STEP EIGHT.
	323	+	ES 290—LS 7107/DI 110 7
	324	+	1 (b) If the total amount of state tuition support that a school
	325	+	2 corporation receives or will receive during a school year decreases
	326	+	3 under this section by an amount that is equal to or more than two
	327	+	4 hundred fifty thousand dollars ($250,000) from the amount the
	328	+	5 school corporation would otherwise be eligible to receive during
	329	+	6 the school year as determined under IC 20-43, the budget
	330	+	7 committee shall review the amount of and the reason for the
	331	+	8 decrease before implementation of the decrease.
	332	+	9 SECTION 7. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
	333	+	10 SECTION 212, IS AMENDED TO READ AS FOLLOWS
	334	+	11 [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
	335	+	12 distributions under this article that are computed in any part based on
	336	+	13 a count of students under IC 20-43-4-2.
	337	+	14 (b) If the state board subsequently adjusts under IC 20-43-4-2
	338	+	15 IC 20-43-4-3.5 a count used for a distribution under this article, the
	339	+	16 department shall adjust subsequent distributions to the school
	340	+	17 corporation that are affected by the adjusted count, on the schedule
	341	+	18 determined by the department, to reflect the differences between the
	342	+	19 distribution that the school corporation received and the distribution
	343	+	20 that the school corporation would have received if the adjusted count
	344	+	21 had been used.
	345	+	22 SECTION 8. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
	346	+	23 SECTION 162, IS AMENDED TO READ AS FOLLOWS
	347	+	24 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
	348	+	25 chapter, a school corporation's ADM is the number of eligible pupils
	349	+	26 enrolled in:
	350	+	27 (1) the school corporation; or
	351	+	28 (2) a transferee corporation;
	352	+	29 on the day fixed in September by the state board for a fall count of
	353	+	30 students under section 3 of this chapter and, if applicable, as
	354	+	31 subsequently adjusted not later than the date specified under the rules
	355	+	32 adopted by the state board. The state board may adjust the school's
	356	+	33 count of eligible pupils if the state board determines that the count is
	357	+	34 unrepresentative of the school corporation's enrollment. In addition, a
	358	+	35 school corporation may petition the state board to make an adjusted
	359	+	36 count of students enrolled in the school corporation if the corporation
	360	+	37 has reason to believe that the count is unrepresentative of the school
	361	+	38 corporation's enrollment. In addition, under section 3.5 of this
	362	+	39 chapter.
	363	+	40 (b) Subject to section 3.7 of this chapter, a school corporation
	364	+	41 shall determine the number of eligible pupils enrolled in:
	365	+	42 (1) the school corporation; or
	366	+	ES 290—LS 7107/DI 110 8
	367	+	1 (2) a transferee corporation;
	368	+	2 on the day fixed in February by the state board for a spring count of
	369	+	3 students under section 3 of this chapter and, if applicable, as
	370	+	4 subsequently adjusted under this chapter or under rules adopted by the
	371	+	5 state board. section 3.5 of this chapter.
	372	+	6 (b) (c) Each school corporation shall, before April 1 of each year,
	373	+	7 provide to the department an estimate of the school corporation's ADM
	374	+	8 that will result from the count of eligible pupils in the following
	375	+	9 September. The department may update and adjust the estimate as
	376	+	10 determined appropriate by the department. In each odd-numbered year,
	377	+	11 the department shall provide the updated and adjusted estimate of the
	378	+	12 school corporation's ADM to the legislative services agency before
	379	+	13 April 10 of that year.
	380	+	14 (c) (d) A new charter school shall submit an enrollment estimate to
	381	+	15 the department before April 1 of the year the new charter school will
	382	+	16 be open for enrollment. The department shall use the new charter
	383	+	17 school's enrollment estimate as the basis for the new charter school's
	384	+	18 distribution beginning in July and until actual ADM is available,
	385	+	19 subject to section 9 of this chapter. However, if the new charter school's
	386	+	20 enrollment estimate is greater than eighty percent (80%) of the new
	387	+	21 charter school's authorized enrollment cap, the department may use that
	388	+	22 enrollment estimate if the department has requested and reviewed other
	389	+	23 enrollment data that support that enrollment estimate. However, if the
	390	+	24 enrollment data requested and reviewed by the department does not
	391	+	25 support the enrollment estimate submitted by the new charter school,
	392	+	26 the department shall determine the estimated ADM based on the
	393	+	27 enrollment data requested and reviewed by the department. In each
	394	+	28 odd-numbered year, the department shall provide the new charter
	395	+	29 school's estimated ADM to the legislative services agency before April
	396	+	30 10 of that year.
	397	+	31 SECTION 9. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
	398	+	32 SECTION 222, IS AMENDED TO READ AS FOLLOWS
	399	+	33 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
	400	+	34 section 3.7 of this chapter, the state board shall make an ADM count
	401	+	35 of the eligible pupils enrolled in each school corporation two (2) times
	402	+	36 each school year, with one (1) count date occurring in each of the
	403	+	37 following periods:
	404	+	38 (1) The fall count of ADM shall be made on a day during
	405	+	39 September fixed by the state board.
	406	+	40 (2) The spring count of ADM shall be made on a day during
	407	+	41 February fixed by the state board.
	408	+	42 (b) However, if extreme patterns of:
	409	+	ES 290—LS 7107/DI 110 9
	410	+	1 (1) student in-migration;
	411	+	2 (2) illness;
	412	+	3 (3) natural disaster; or
	413	+	4 (4) other unusual conditions in a particular school corporation's
	414	+	5 enrollment;
	415	+	6 on either a count day fixed by the state board or the subsequent
	416	+	7 adjustment date cause the enrollment to be unrepresentative of the
	417	+	8 school corporation's enrollment, the state board may designate another
	418	+	9 day for determining the school corporation's enrollment.
	419	+	10 SECTION 10. IC 20-43-4-3.5 IS ADDED TO THE INDIANA
	420	+	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
	421	+	12 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) The state board may
	422	+	13 adjust an enrollment count of eligible pupils of one (1) or more
	423	+	14 school corporations under this section not later than a date
	424	+	15 established under the rules adopted by the state board.
	425	+	16 (b) If the state board determines that an enrollment count of
	426	+	17 eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
	427	+	18 or more school corporations is unrepresentative by a count that
	428	+	19 would increase or decrease the total distribution of state tuition
	429	+	20 support in an amount that is less than two hundred fifty thousand
	430	+	21 dollars ($250,000), the state board may adjust the enrollment count
	431	+	22 for the one (1) or more school corporations.
	432	+	23 (c) If the state board determines that an enrollment count of
	433	+	24 eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
	434	+	25 or more school corporations is unrepresentative by a count that
	435	+	26 would increase or decrease the total distribution of state tuition
	436	+	27 support in an amount that is equal to or more than two hundred
	437	+	28 fifty thousand dollars ($250,000), the state board may adjust the
	438	+	29 enrollment count for the one (1) or more school corporations after
	439	+	30 review by the budget committee.
	440	+	31 (d) A school corporation may petition the state board to make
	441	+	32 an adjusted count of eligible pupils enrolled in the school
	442	+	33 corporation if the school corporation has reason to believe that the
	443	+	34 count is unrepresentative of the school corporation's enrollment.
	444	+	35 SECTION 11. IC 20-43-4-3.7 IS ADDED TO THE INDIANA
	445	+	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
	446	+	37 [EFFECTIVE JULY 1, 2022]: Sec. 3.7. (a) This section applies if the
	447	+	38 state board determines that extreme patterns of:
	448	+	39 (1) student in-migration;
	449	+	40 (2) illness;
	450	+	41 (3) natural disaster; or
	451	+	42 (4) other unusual conditions in a particular school
	452	+	ES 290—LS 7107/DI 110 10
	453	+	1 corporation's enrollment;
	454	+	2 on the count day established under section 3 of this chapter or the
	455	+	3 subsequent adjustment date established under section 3.5 of this
	456	+	4 chapter cause the enrollment count of eligible pupils to be
	457	+	5 unrepresentative of the enrollment of one (1) or more school
	458	+	6 corporations.
	459	+	7 (b) If the state board determines that the:
	460	+	8 (1) count day or subsequent adjustment date is
	461	+	9 unrepresentative of the enrollment of one (1) or more school
	462	+	10 corporations as described in subsection (a); and
	463	+	11 (2) enrollment count of the one (1) or more school
	464	+	12 corporations described in subdivision (1) would be
	465	+	13 unrepresentative by a count that would increase or decrease
	466	+	14 the total distribution of state tuition support in an amount
	467	+	15 that is less than two hundred fifty thousand dollars ($250,000)
	468	+	16 as a result of changing the count day;
	469	+	17 the state board may designate another day for determining the
	470	+	18 enrollment of the one (1) or more school corporations.
	471	+	19 (c) If the state board determines that the:
	472	+	20 (1) count day or subsequent adjustment date is
	473	+	21 unrepresentative of the enrollment of one (1) or more school
	474	+	22 corporations as described in subsection (a); and
	475	+	23 (2) enrollment count of the one (1) or more school
	476	+	24 corporations described in subdivision (1) would be
	477	+	25 unrepresentative by a count that would increase or decrease
	478	+	26 the total distribution of state tuition support in an amount
	479	+	27 that is equal to or more than two hundred fifty thousand
	480	+	28 dollars ($250,000) as a result of changing the count day;
	481	+	29 the state board may designate another day for determining the
	482	+	30 enrollment of the one (1) or more school corporations after review
	483	+	31 by the budget committee.
	484	+	32 SECTION 12. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
	485	+	33 SECTION 224, IS AMENDED TO READ AS FOLLOWS
	486	+	34 [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
	487	+	35 (c), this subsection applies to the calculation of state tuition support
	488	+	36 distributions that are based on the current ADM of a school
	489	+	37 corporation. The fall count of ADM, as adjusted by the state board
	490	+	38 under section 2 3.5 of this chapter, shall be used to compute state
	491	+	39 tuition support distributions made in the first six (6) months of the
	492	+	40 current state fiscal year, and the spring count of ADM, as adjusted by
	493	+	41 the state board under section 2 3.5 of this chapter, shall be used to
	494	+	42 compute state tuition support distributions made in the second six (6)
	495	+	ES 290—LS 7107/DI 110 11
	496	+	1 months of the state fiscal year.
	497	+	2 (b) This subsection applies to a school corporation that does not
	498	+	3 provide the estimates required by section 2(b) 2(c) of this chapter
	499	+	4 before the deadline. For monthly state tuition support distributions
	500	+	5 made before the count of ADM is finalized, the department shall
	501	+	6 determine the distribution amount for such a school corporation for a
	502	+	7 state fiscal year of the biennium, using data that were used by the
	503	+	8 general assembly in determining the state tuition support appropriation
	504	+	9 for the budget act for that state fiscal year. The department may adjust
	505	+	10 the data used under this subsection for errors.
	506	+	11 (c) If the state board adjusts a count of ADM after a distribution is
	507	+	12 made under this article, the adjusted count retroactively applies to the
	508	+	13 amount of state tuition support distributed to a school corporation
	509	+	14 affected by the adjusted count. The department shall settle any
	510	+	15 overpayment or underpayment of state tuition support resulting from
	511	+	16 an adjusted count of ADM on the schedule determined by the
	512	+	17 department and approved by the budget agency.
	513	+	18 SECTION 13. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
	514	+	19 The definitions in IC 20 apply throughout this SECTION.
	515	+	20 (b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
	516	+	21 board shall assign to a school or school corporation a "null" or "no
	517	+	22 letter grade" for the 2021-2022 school year. However, the most
	518	+	23 recent results of the school's ILEARN assessment must be included
	519	+	24 on the school's Internet web site.
	520	+	25 (c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
	521	+	26 board shall assign an adult high school a "null" or "no letter
	522	+	27 grade" category for the 2021-2022 school year.
	523	+	28 (d) This SECTION expires January 1, 2025.
	524	+	29 SECTION 14. An emergency is declared for this act.
	525	+	ES 290—LS 7107/DI 110 12
	526	+	COMMITTEE REPORT
	527	+	Madam President: The Senate Committee on Appropriations, to
	528	+	which was referred Senate Bill No. 290, has had the same under
	529	+	consideration and begs leave to report the same back to the Senate with
	530	+	the recommendation that said bill be AMENDED as follows:
	531	+	Page 2, between lines 23 and 24, begin a new paragraph and insert:
	532	+	"SECTION 2. IC 20-19-3-25.5 IS ADDED TO THE INDIANA
54	533		CODE AS A NEW SECTION TO READ AS FOLLOWS
55	534		[EFFECTIVE UPON PASSAGE]: Sec. 25.5. Before July 1, 2022, and
56	535		before July 1 of each year thereafter, the department shall submit
57	536		a report to the general assembly in an electronic format under
58	537		IC 5-14-6 that provides the following information based on the
59	538		previous five (5) year period:
60	539		(1) The graduation waiver rate of each:
61	540		(A) secondary school within a school corporation; and
62	541		(B) charter high school.
63	542		(2) The:
64	543		(A) particular graduation pathways that each secondary
65	544		school within a school corporation and each charter high
66	545		school use; and
67	546		(B) percentage of students who graduated with each
68	547		particular graduation pathway.
69	548		The department shall also post the report described in this section
70		-	on the department's Internet web site.
71		-	SECTION 3. IC 20-30-2-4, AS ADDED BY P.L.1-2005, SECTION
72		-	14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
73		-	2022]: Sec. 4. (a) If a school corporation fails to conduct the minimum
74		-	number of student instructional days during a school year as required
75		-	under section 3 of this chapter, the department shall reduce the August
76		-	tuition support distribution to that school corporation for a school year
77		-	by an amount determined as follows:
78		-	STEP ONE: Determine the remainder of:
79		-	(A) the amount of the total tuition support allocated to the
80		-	school corporation for the particular school year; minus
81		-	(B) that part of the total tuition support allocated to the school
82		-	SEA 290 — CC 1 3
83		-	corporation for that school year with respect to student
84		-	instructional days one hundred seventy-six (176) through one
85		-	hundred eighty (180).
86		-	STEP TWO: Subtract the number of student instructional days
87		-	that the school corporation conducted from one hundred eighty
88		-	(180).
89		-	STEP THREE: Determine the lesser of five (5) or the remainder
90		-	determined under STEP TWO.
91		-	STEP FOUR: Divide the amount subtracted under STEP ONE (B)
92		-	by five (5).
93		-	STEP FIVE: Multiply the quotient determined under STEP FOUR
94		-	by the number determined under STEP THREE.
95		-	STEP SIX: Subtract the number determined under STEP THREE
96		-	from the remainder determined under STEP TWO.
97		-	STEP SEVEN: Divide the remainder determined under STEP
98		-	ONE by one hundred seventy-five (175).
99		-	STEP EIGHT: Multiply the quotient determined under STEP
100		-	SEVEN by the remainder determined under STEP SIX.
101		-	STEP NINE: Add the product determined under STEP FIVE to
102		-	the product determined under STEP EIGHT.
103		-	(b) If the total amount of state tuition support that a school
104		-	corporation receives or will receive during a school year decreases
105		-	under this section by an amount that is equal to or more than two
106		-	hundred fifty thousand dollars ($250,000) from the amount the
107		-	school corporation would otherwise be eligible to receive during
108		-	the school year as determined under IC 20-43, the budget
109		-	committee shall review the amount of and the reason for the
110		-	decrease before implementation of the decrease.
111		-	SECTION 4. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
112		-	SECTION 212, IS AMENDED TO READ AS FOLLOWS
113		-	[EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
114		-	distributions under this article that are computed in any part based on
115		-	a count of students under IC 20-43-4-2.
116		-	(b) If the state board subsequently adjusts under IC 20-43-4-2
117		-	IC 20-43-4-3.5 a count used for a distribution under this article, the
118		-	department shall adjust subsequent distributions to the school
119		-	corporation that are affected by the adjusted count, on the schedule
120		-	determined by the department, to reflect the differences between the
121		-	distribution that the school corporation received and the distribution
122		-	that the school corporation would have received if the adjusted count
123		-	had been used.
124		-	SECTION 5. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
125		-	SECTION 162, IS AMENDED TO READ AS FOLLOWS
126		-	[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
127		-	SEA 290 — CC 1 4
128		-	chapter, a school corporation's ADM is the number of eligible pupils
129		-	enrolled in:
130		-	(1) the school corporation; or
131		-	(2) a transferee corporation;
132		-	on the day fixed in September by the state board for a fall count of
133		-	students under section 3 of this chapter and, if applicable, as
134		-	subsequently adjusted not later than the date specified under the rules
135		-	adopted by the state board. The state board may adjust the school's
136		-	count of eligible pupils if the state board determines that the count is
137		-	unrepresentative of the school corporation's enrollment. In addition, a
138		-	school corporation may petition the state board to make an adjusted
139		-	count of students enrolled in the school corporation if the corporation
140		-	has reason to believe that the count is unrepresentative of the school
141		-	corporation's enrollment. In addition, under section 3.5 of this
142		-	chapter.
143		-	(b) Subject to section 3.7 of this chapter, a school corporation
144		-	shall determine the number of eligible pupils enrolled in:
145		-	(1) the school corporation; or
146		-	(2) a transferee corporation;
147		-	on the day fixed in February by the state board for a spring count of
148		-	students under section 3 of this chapter and, if applicable, as
149		-	subsequently adjusted under this chapter or under rules adopted by the
150		-	state board. section 3.5 of this chapter.
151		-	(b) (c) Each school corporation shall, before April 1 of each year,
152		-	provide to the department an estimate of the school corporation's ADM
153		-	that will result from the count of eligible pupils in the following
154		-	September. The department may update and adjust the estimate as
155		-	determined appropriate by the department. In each odd-numbered year,
156		-	the department shall provide the updated and adjusted estimate of the
157		-	school corporation's ADM to the legislative services agency before
158		-	April 10 of that year.
159		-	(c) (d) A new charter school shall submit an enrollment estimate to
160		-	the department before April 1 of the year the new charter school will
161		-	be open for enrollment. The department shall use the new charter
162		-	school's enrollment estimate as the basis for the new charter school's
163		-	distribution beginning in July and until actual ADM is available,
164		-	subject to section 9 of this chapter. However, if the new charter school's
165		-	enrollment estimate is greater than eighty percent (80%) of the new
166		-	charter school's authorized enrollment cap, the department may use that
167		-	enrollment estimate if the department has requested and reviewed other
168		-	enrollment data that support that enrollment estimate. However, if the
169		-	enrollment data requested and reviewed by the department does not
170		-	support the enrollment estimate submitted by the new charter school,
171		-	the department shall determine the estimated ADM based on the
172		-	SEA 290 — CC 1 5
173		-	enrollment data requested and reviewed by the department. In each
174		-	odd-numbered year, the department shall provide the new charter
175		-	school's estimated ADM to the legislative services agency before April
176		-	10 of that year.
177		-	SECTION 6. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
178		-	SECTION 222, IS AMENDED TO READ AS FOLLOWS
179		-	[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
180		-	section 3.7 of this chapter, the state board shall make an ADM count
181		-	of the eligible pupils enrolled in each school corporation two (2) times
182		-	each school year, with one (1) count date occurring in each of the
183		-	following periods:
184		-	(1) The fall count of ADM shall be made on a day during
185		-	September fixed by the state board.
186		-	(2) The spring count of ADM shall be made on a day during
187		-	February fixed by the state board.
188		-	(b) However, if extreme patterns of:
189		-	(1) student in-migration;
190		-	(2) illness;
191		-	(3) natural disaster; or
192		-	(4) other unusual conditions in a particular school corporation's
193		-	enrollment;
194		-	on either a count day fixed by the state board or the subsequent
195		-	adjustment date cause the enrollment to be unrepresentative of the
196		-	school corporation's enrollment, the state board may designate another
197		-	day for determining the school corporation's enrollment.
198		-	SECTION 7. IC 20-43-4-3.5 IS ADDED TO THE INDIANA CODE
199		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
200		-	1, 2022]: Sec. 3.5. (a) The state board may adjust an enrollment
201		-	count of eligible pupils of one (1) or more school corporations
202		-	under this section not later than a date established under the rules
203		-	adopted by the state board.
204		-	(b) If the state board determines that an enrollment count of
205		-	eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
206		-	or more school corporations is unrepresentative by a count that
207		-	would increase or decrease the total distribution of state tuition
208		-	support in an amount that is less than two hundred fifty thousand
209		-	dollars ($250,000), the state board may adjust the enrollment count
210		-	for the one (1) or more school corporations.
211		-	(c) If the state board determines that an enrollment count of
212		-	eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
213		-	or more school corporations is unrepresentative by a count that
214		-	would increase or decrease the total distribution of state tuition
215		-	support in an amount that is equal to or more than two hundred
216		-	fifty thousand dollars ($250,000), the state board may adjust the
217		-	SEA 290 — CC 1 6
218		-	enrollment count for the one (1) or more school corporations after
219		-	review by the budget committee.
220		-	(d) A school corporation may petition the state board to make
221		-	an adjusted count of eligible pupils enrolled in the school
222		-	corporation if the school corporation has reason to believe that the
223		-	count is unrepresentative of the school corporation's enrollment.
224		-	SECTION 8. IC 20-43-4-3.7 IS ADDED TO THE INDIANA CODE
225		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
226		-	1, 2022]: Sec. 3.7. (a) This section applies if the state board
227		-	determines that extreme patterns of:
228		-	(1) student in-migration;
229		-	(2) illness;
230		-	(3) natural disaster; or
231		-	(4) other unusual conditions in a particular school
232		-	corporation's enrollment;
233		-	on the count day established under section 3 of this chapter or the
234		-	subsequent adjustment date established under section 3.5 of this
235		-	chapter cause the enrollment count of eligible pupils to be
236		-	unrepresentative of the enrollment of one (1) or more school
237		-	corporations.
238		-	(b) If the state board determines that the:
239		-	(1) count day or subsequent adjustment date is
240		-	unrepresentative of the enrollment of one (1) or more school
241		-	corporations as described in subsection (a); and
242		-	(2) enrollment count of the one (1) or more school
243		-	corporations described in subdivision (1) would be
244		-	unrepresentative by a count that would increase or decrease
245		-	the total distribution of state tuition support in an amount
246		-	that is less than two hundred fifty thousand dollars ($250,000)
247		-	as a result of changing the count day;
248		-	the state board may designate another day for determining the
249		-	enrollment of the one (1) or more school corporations.
250		-	(c) If the state board determines that the:
251		-	(1) count day or subsequent adjustment date is
252		-	unrepresentative of the enrollment of one (1) or more school
253		-	corporations as described in subsection (a); and
254		-	(2) enrollment count of the one (1) or more school
255		-	corporations described in subdivision (1) would be
256		-	unrepresentative by a count that would increase or decrease
257		-	the total distribution of state tuition support in an amount
258		-	that is equal to or more than two hundred fifty thousand
259		-	dollars ($250,000) as a result of changing the count day;
260		-	the state board may designate another day for determining the
261		-	enrollment of the one (1) or more school corporations after review
262		-	by the budget committee
263		-	SEA 290 — CC 1 7
264		-	SECTION 9. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
265		-	SECTION 224, IS AMENDED TO READ AS FOLLOWS
266		-	[EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
267		-	(c), this subsection applies to the calculation of state tuition support
268		-	distributions that are based on the current ADM of a school
269		-	corporation. The fall count of ADM, as adjusted by the state board
270		-	under section 2 3.5 of this chapter, shall be used to compute state
271		-	tuition support distributions made in the first six (6) months of the
272		-	current state fiscal year, and the spring count of ADM, as adjusted by
273		-	the state board under section 2 3.5 of this chapter, shall be used to
274		-	compute state tuition support distributions made in the second six (6)
275		-	months of the state fiscal year.
276		-	(b) This subsection applies to a school corporation that does not
277		-	provide the estimates required by section 2(b) 2(c) of this chapter
278		-	before the deadline. For monthly state tuition support distributions
279		-	made before the count of ADM is finalized, the department shall
280		-	determine the distribution amount for such a school corporation for a
281		-	state fiscal year of the biennium, using data that were used by the
282		-	general assembly in determining the state tuition support appropriation
283		-	for the budget act for that state fiscal year. The department may adjust
284		-	the data used under this subsection for errors.
285		-	(c) If the state board adjusts a count of ADM after a distribution is
286		-	made under this article, the adjusted count retroactively applies to the
287		-	amount of state tuition support distributed to a school corporation
288		-	affected by the adjusted count. The department shall settle any
289		-	overpayment or underpayment of state tuition support resulting from
290		-	an adjusted count of ADM on the schedule determined by the
291		-	department and approved by the budget agency.
292		-	SECTION 10. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
293		-	The definitions in IC 20 apply throughout this SECTION.
294		-	(b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
295		-	board shall assign to a school or school corporation a "null" or "no
296		-	letter grade" for the 2021-2022 school year. However, the most
297		-	recent results of the school's ILEARN assessment must be included
298		-	on the school's Internet web site.
299		-	(c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
300		-	board shall assign an adult high school a "null" or "no letter
301		-	grade" category for the 2021-2022 school year.
302		-	(d) This SECTION expires January 1, 2025.
303		-	SECTION 11. An emergency is declared for this act.
304		-	SEA 290 — CC 1 President of the Senate
305		-	President Pro Tempore
306		-	Speaker of the House of Representatives
307		-	Governor of the State of Indiana
308		-	Date: Time:
309		-	SEA 290 — CC 1
	549	+	on the department's Internet web site.".
	550	+	Renumber all SECTIONS consecutively.
	551	+	and when so amended that said bill do pass.
	552	+	(Reference is to SB 290 as introduced.)
	553	+	MISHLER, Chairperson
	554	+	Committee Vote: Yeas 13, Nays 0.
	555	+	_____
	556	+	COMMITTEE REPORT
	557	+	Mr. Speaker: Your Committee on Education, to which was referred
	558	+	Senate Bill 290, has had the same under consideration and begs leave
	559	+	to report the same back to the House with the recommendation that said
	560	+	bill be amended as follows:
	561	+	Page 1, line 1, delete "IC 20-19-3-25" and insert "IC 20-19-3-23.5".
	562	+	ES 290—LS 7107/DI 110 13
	563	+	Page 1, line 3, delete "25." and insert "23.5.".
	564	+	Page 2, between lines 41 and 42, begin a new paragraph and insert:
	565	+	"SECTION 3. IC 20-26-4-3, AS AMENDED BY P.L.233-2015,
	566	+	SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	567	+	JULY 1, 2022]: Sec. 3. (a) Regular meetings must be held by each
	568	+	governing body at a time and place established by resolution of the
	569	+	board or may be incorporated in the rules provided in IC 20-26-5-4. A
	570	+	notice need not be given a member for holding or taking any action at
	571	+	a regular meeting.
	572	+	(b) If a meeting is held according to a procedure set forth by statute
	573	+	or rule and if publication of notice of the meeting is required, notice of
	574	+	the meeting is not required and need not be given a member for holding
	575	+	or taking any action at the meeting contemplated by the notice. The
	576	+	meeting must be held at the time and place specified in the published
	577	+	notice.
	578	+	(c) Special meetings of a governing body must be held on call by the
	579	+	governing body's president or by the superintendent of the school
	580	+	corporation. The call must be evidenced by a written notice specifying
	581	+	the date, time, and place of the meeting, delivered to each member
	582	+	personally or sent by mail or telegram so that each member has at least
	583	+	seventy-two (72) hours notice of the special meeting. Special meetings
	584	+	must be held at the regular meeting place of the board.
	585	+	(d) All meetings of a governing body must be open to the public to
	586	+	the extent required by IC 5-14-1.5. The governing body shall comply
	587	+	with IC 5-14-1.5.
	588	+	(e) If notice of a meeting is required and each member of a
	589	+	governing body has waived notice of the meeting, as provided in this
	590	+	subsection, notice of the meeting is not necessary. Waiver of notice of
	591	+	a meeting by a member consists of the following:
	592	+	(1) The member's presence at the meeting.
	593	+	(2) The member's execution of a written notice waiving the date,
	594	+	time, and place of the meeting, executed either before or after the
	595	+	meeting. If a waiver specifies that the waiver was executed before
	596	+	the meeting, third persons are entitled to rely on the statement.
	597	+	(f) At a meeting of the governing body, a majority of the members
	598	+	constitutes a quorum. Action may not be taken unless a quorum is
	599	+	present. Except where a larger vote is required by statute or rule with
	600	+	respect to any matter, a majority of the members present may adopt a
	601	+	resolution or take any action.
	602	+	(g) All meetings of the governing body for the conduct of business
	603	+	must be held within the school corporation, except as follows:
	604	+	(1) Meetings may be held at the administrative offices of the
	605	+	ES 290—LS 7107/DI 110 14
	606	+	school corporation if the offices are outside the geographic limits
	607	+	of the school corporation but are within a county where all or a
	608	+	part of the school corporation is located.
	609	+	(2) Meetings may be held at a place where the statute or rule
	610	+	according to which a statutory meeting is held permits meeting
	611	+	outside the school corporation, as may occur when the meeting is
	612	+	held jointly with another governing body.
	613	+	(h) A governing body may hold up to two (2) training sessions each
	614	+	year outside the school corporation. The sessions may be conducted as
	615	+	executive sessions under IC 5-14-1.5.
	616	+	(i) Each year, at the first regular meeting of a governing body,
	617	+	the attorney representing the governing body shall provide to the
	618	+	governing body, the superintendent of the school corporation, and
	619	+	the members of the public attending the meeting the following
	620	+	information:
	621	+	(1) The powers and duties of the governing body and the
	622	+	superintendent, as provided by statute.
	623	+	(2) The nature of the superintendent's employment with the
	624	+	governing body, including that the superintendent is
	625	+	employed by, and accountable to, the governing body.
	626	+	SECTION 4. IC 20-26-5-4.3, AS ADDED BY P.L.148-2012,
	627	+	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	628	+	JULY 1, 2022]: Sec. 4.3. (a) At least seven (7) fourteen (14) days
	629	+	before a contract for employment is entered into by a governing body
	630	+	and a school superintendent, the governing body shall hold a public
	631	+	meeting on the proposed contract at which public comment is heard.
	632	+	The governing body is not required to disclose the identity of the
	633	+	candidate for superintendent at the public meeting.
	634	+	(b) In addition to the public meeting described in subsection (a),
	635	+	the governing body must conduct a public meeting to discuss the
	636	+	tentative superintendent's contract at least seventy-two (72) hours
	637	+	before it is approved by the governing body. The governing body
	638	+	must take public comment relating to the terms of the tentative
	639	+	contract.
	640	+	(b) (c) Notice of the meeting meetings described in subsections (a)
	641	+	and (b) on the proposed contract shall be given in accordance with
	642	+	IC 5-3-1 and posted on the school corporation's Internet web site.
	643	+	(c) (d) The notice provided in subsection (b) (c) must:
	644	+	(1) state that on a given day, time, and place the governing body
	645	+	will meet to discuss and hear objections to and support for the
	646	+	proposed contract; and
	647	+	(2) set forth the details of the proposed contract, including the
	648	+	ES 290—LS 7107/DI 110 15
	649	+	actual monetary value of the contract, benefits, and any additional
	650	+	forms of compensation for each year of the contract.
	651	+	(d) (e) A governing body shall post the provisions of an employment
	652	+	contract that the governing body enters into with a superintendent of
	653	+	the school corporation on the school corporation's Internet web site.
	654	+	SECTION 5. IC 20-28-8-6, AS AMENDED BY P.L.155-2020,
	655	+	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	656	+	JULY 1, 2022]: Sec. 6. (a) A contract entered into by a governing body
	657	+	and its superintendent is subject to the following conditions:
	658	+	(1) If the superintendent holds a license under IC 20-28-5, the
	659	+	basic contract must be in the form of the regular teacher's
	660	+	contract.
	661	+	(2) The contract may be altered or rescinded for a new one at any
	662	+	time by mutual consent of the governing body and the
	663	+	superintendent. The consent of both parties must be in writing and
	664	+	must be expressed in a manner consistent with this section and
	665	+	section 7 of this chapter.
	666	+	(3) If the superintendent holds a license under IC 20-28-5, the
	667	+	rights of a superintendent as a teacher under any other law are not
	668	+	affected by the contract. However, if a right of a superintendent
	669	+	as a teacher under any other law conflicts with the conditions
	670	+	under subsection (b), subsection (b) governs.
	671	+	(4) For a contract entered into or renewed after June 30, 2017, the
	672	+	conditions set forth under subsection (b).
	673	+	(b) This subsection applies to contracts entered into or renewed after
	674	+	June 30, 2017. A contract entered into by a governing body and its
	675	+	superintendent is subject to the following conditions:
	676	+	(1) The contract must be for a term of at least one (1) year and not
	677	+	more than three (3) years. However, a contract may be extended
	678	+	for not more than an additional five (5) years beyond the term of
	679	+	the original contract.
	680	+	(2) If the contract contains a provision that establishes an amount
	681	+	the governing body must pay to the superintendent to buy out the
	682	+	contract, the amount may not be more than an amount equal to the
	683	+	lesser of:
	684	+	(A) the superintendent's salary for any one (1) year under the
	685	+	contract; or
	686	+	(B) two hundred fifty thousand dollars ($250,000).
	687	+	A superintendent's salary under clause (A) does not include
	688	+	benefits or any other forms of compensation that the
	689	+	superintendent receives as payment under the contract other than
	690	+	the superintendent's salary.
	691	+	ES 290—LS 7107/DI 110 16
	692	+	(c) This subsection applies to contracts entered into or renewed
	693	+	after June 30, 2022. The superintendent's total compensation may
	694	+	not increase from the superintendent's total compensation for the
	695	+	immediately preceding year by a percentage that exceeds the
	696	+	percentage increase for the average total compensation paid to a
	697	+	full-time teacher for the same period.
	698	+	(c) (d) This subsection applies to a governing body in which at least
	699	+	one (1) member is elected. After June 30, 2021, a governing body may
	700	+	not enter into a contract with a superintendent under this section on or
	701	+	after the date of the election for one (1) or more members of the
	702	+	governing body until January 1 of the year immediately following the
	703	+	year of the election. However, this subsection does not apply if the
	704	+	membership of the governing body does not change as a result of the
	705	+	particular election.".
	706	+	Renumber all SECTIONS consecutively.
	707	+	and when so amended that said bill do pass.
	708	+	(Reference is to SB 290 as printed January 21, 2022.)
	709	+	BEHNING
	710	+	Committee Vote: yeas 13, nays 0.
	711	+	ES 290—LS 7107/DI 110