Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 290
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-19-3-23.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 23.5. (a) The department shall
establish a career coaching pilot program to award grants to
school corporations to establish career coaching programs for
students of the school corporation.
(b) The department shall do the following:
(1) Establish requirements for participation in the pilot
program.
(2) Select school corporations to participate in the pilot
program.
(3) Determine the amount of and award grants to school
corporations under the pilot program.
(4) Collect information regarding the career coaching
programs implemented by the school corporations
participating in the pilot program.
(5) Collect information from the following individuals or
entities participating in the career coaching pilot program:
(A) Counselors.
(B) Third party vendors.
(C) Any other appropriate individuals or entities, as
determined by the department.
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(c) The department shall require that career coaching programs
implemented by a school corporation use:
(1) a counselor employed by the school corporation;
(2) a third party vendor that provides career coaching
services; or
(3) both counselors and third party vendors.
However, at least one (1) school corporation shall use a third party
vendor that provides career coaching services, instead of or in
addition to a counselor employed by a school corporation, in the
school corporation's career coaching program.
(d) Not later than November 1, 2022, and not later than
November 1 each year thereafter, the department shall prepare
and submit to the legislative council in an electronic format under
IC 5-14-6 a report that provides information concerning the pilot
program.
(e) This section expires July 1, 2025.
SECTION 2. IC 20-19-3-25.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 25.5. Before July 1, 2022, and
before July 1 of each year thereafter, the department shall submit
a report to the general assembly in an electronic format under
IC 5-14-6 that provides the following information based on the
previous five (5) year period:
(1) The graduation waiver rate of each:
(A) secondary school within a school corporation; and
(B) charter high school.
(2) The:
(A) particular graduation pathways that each secondary
school within a school corporation and each charter high
school use; and
(B) percentage of students who graduated with each
particular graduation pathway.
The department shall also post the report described in this section
on the department's Internet web site.
SECTION 3. IC 20-30-2-4, AS ADDED BY P.L.1-2005, SECTION
14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2022]: Sec. 4. (a) If a school corporation fails to conduct the minimum
number of student instructional days during a school year as required
under section 3 of this chapter, the department shall reduce the August
tuition support distribution to that school corporation for a school year
by an amount determined as follows:
STEP ONE: Determine the remainder of:
(A) the amount of the total tuition support allocated to the
school corporation for the particular school year; minus
(B) that part of the total tuition support allocated to the school
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corporation for that school year with respect to student
instructional days one hundred seventy-six (176) through one
hundred eighty (180).
STEP TWO: Subtract the number of student instructional days
that the school corporation conducted from one hundred eighty
(180).
STEP THREE: Determine the lesser of five (5) or the remainder
determined under STEP TWO.
STEP FOUR: Divide the amount subtracted under STEP ONE (B)
by five (5).
STEP FIVE: Multiply the quotient determined under STEP FOUR
by the number determined under STEP THREE.
STEP SIX: Subtract the number determined under STEP THREE
from the remainder determined under STEP TWO.
STEP SEVEN: Divide the remainder determined under STEP
ONE by one hundred seventy-five (175).
STEP EIGHT: Multiply the quotient determined under STEP
SEVEN by the remainder determined under STEP SIX.
STEP NINE: Add the product determined under STEP FIVE to
the product determined under STEP EIGHT.
(b) If the total amount of state tuition support that a school
corporation receives or will receive during a school year decreases
under this section by an amount that is equal to or more than two
hundred fifty thousand dollars ($250,000) from the amount the
school corporation would otherwise be eligible to receive during
the school year as determined under IC 20-43, the budget
committee shall review the amount of and the reason for the
decrease before implementation of the decrease.
SECTION 4. IC 20-43-3-7, AS AMENDED BY P.L.213-2015,
SECTION 212, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 7. (a) This section applies to
distributions under this article that are computed in any part based on
a count of students under IC 20-43-4-2.
(b) If the state board subsequently adjusts under IC 20-43-4-2
IC 20-43-4-3.5 a count used for a distribution under this article, the
department shall adjust subsequent distributions to the school
corporation that are affected by the adjusted count, on the schedule
determined by the department, to reflect the differences between the
distribution that the school corporation received and the distribution
that the school corporation would have received if the adjusted count
had been used.
SECTION 5. IC 20-43-4-2, AS AMENDED BY P.L.165-2021,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) Subject to section 3.7 of this
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chapter, a school corporation's ADM is the number of eligible pupils
enrolled in:
(1) the school corporation; or
(2) a transferee corporation;
on the day fixed in September by the state board for a fall count of
students under section 3 of this chapter and, if applicable, as
subsequently adjusted not later than the date specified under the rules
adopted by the state board. The state board may adjust the school's
count of eligible pupils if the state board determines that the count is
unrepresentative of the school corporation's enrollment. In addition, a
school corporation may petition the state board to make an adjusted
count of students enrolled in the school corporation if the corporation
has reason to believe that the count is unrepresentative of the school
corporation's enrollment. In addition, under section 3.5 of this
chapter.
(b) Subject to section 3.7 of this chapter, a school corporation
shall determine the number of eligible pupils enrolled in:
(1) the school corporation; or
(2) a transferee corporation;
on the day fixed in February by the state board for a spring count of
students under section 3 of this chapter and, if applicable, as
subsequently adjusted under this chapter or under rules adopted by the
state board. section 3.5 of this chapter.
(b) (c) Each school corporation shall, before April 1 of each year,
provide to the department an estimate of the school corporation's ADM
that will result from the count of eligible pupils in the following
September. The department may update and adjust the estimate as
determined appropriate by the department. In each odd-numbered year,
the department shall provide the updated and adjusted estimate of the
school corporation's ADM to the legislative services agency before
April 10 of that year.
(c) (d) A new charter school shall submit an enrollment estimate to
the department before April 1 of the year the new charter school will
be open for enrollment. The department shall use the new charter
school's enrollment estimate as the basis for the new charter school's
distribution beginning in July and until actual ADM is available,
subject to section 9 of this chapter. However, if the new charter school's
enrollment estimate is greater than eighty percent (80%) of the new
charter school's authorized enrollment cap, the department may use that
enrollment estimate if the department has requested and reviewed other
enrollment data that support that enrollment estimate. However, if the
enrollment data requested and reviewed by the department does not
support the enrollment estimate submitted by the new charter school,
the department shall determine the estimated ADM based on the
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enrollment data requested and reviewed by the department. In each
odd-numbered year, the department shall provide the new charter
school's estimated ADM to the legislative services agency before April
10 of that year.
SECTION 6. IC 20-43-4-3, AS AMENDED BY P.L.108-2019,
SECTION 222, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Subject to subsection (b),
section 3.7 of this chapter, the state board shall make an ADM count
of the eligible pupils enrolled in each school corporation two (2) times
each school year, with one (1) count date occurring in each of the
following periods:
(1) The fall count of ADM shall be made on a day during
September fixed by the state board.
(2) The spring count of ADM shall be made on a day during
February fixed by the state board.
(b) However, if extreme patterns of:
(1) student in-migration;
(2) illness;
(3) natural disaster; or
(4) other unusual conditions in a particular school corporation's
enrollment;
on either a count day fixed by the state board or the subsequent
adjustment date cause the enrollment to be unrepresentative of the
school corporation's enrollment, the state board may designate another
day for determining the school corporation's enrollment.
SECTION 7. IC 20-43-4-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 3.5. (a) The state board may adjust an enrollment
count of eligible pupils of one (1) or more school corporations
under this section not later than a date established under the rules
adopted by the state board.
(b) If the state board determines that an enrollment count of
eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
or more school corporations is unrepresentative by a count that
would increase or decrease the total distribution of state tuition
support in an amount that is less than two hundred fifty thousand
dollars ($250,000), the state board may adjust the enrollment count
for the one (1) or more school corporations.
(c) If the state board determines that an enrollment count of
eligible pupils under section 2(a) or 2(b) of this chapter for one (1)
or more school corporations is unrepresentative by a count that
would increase or decrease the total distribution of state tuition
support in an amount that is equal to or more than two hundred
fifty thousand dollars ($250,000), the state board may adjust the
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enrollment count for the one (1) or more school corporations after
review by the budget committee.
(d) A school corporation may petition the state board to make
an adjusted count of eligible pupils enrolled in the school
corporation if the school corporation has reason to believe that the
count is unrepresentative of the school corporation's enrollment.
SECTION 8. IC 20-43-4-3.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 3.7. (a) This section applies if the state board
determines that extreme patterns of:
(1) student in-migration;
(2) illness;
(3) natural disaster; or
(4) other unusual conditions in a particular school
corporation's enrollment;
on the count day established under section 3 of this chapter or the
subsequent adjustment date established under section 3.5 of this
chapter cause the enrollment count of eligible pupils to be
unrepresentative of the enrollment of one (1) or more school
corporations.
(b) If the state board determines that the:
(1) count day or subsequent adjustment date is
unrepresentative of the enrollment of one (1) or more school
corporations as described in subsection (a); and
(2) enrollment count of the one (1) or more school
corporations described in subdivision (1) would be
unrepresentative by a count that would increase or decrease
the total distribution of state tuition support in an amount
that is less than two hundred fifty thousand dollars ($250,000)
as a result of changing the count day;
the state board may designate another day for determining the
enrollment of the one (1) or more school corporations.
(c) If the state board determines that the:
(1) count day or subsequent adjustment date is
unrepresentative of the enrollment of one (1) or more school
corporations as described in subsection (a); and
(2) enrollment count of the one (1) or more school
corporations described in subdivision (1) would be
unrepresentative by a count that would increase or decrease
the total distribution of state tuition support in an amount
that is equal to or more than two hundred fifty thousand
dollars ($250,000) as a result of changing the count day;
the state board may designate another day for determining the
enrollment of the one (1) or more school corporations after review
by the budget committee
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SECTION 9. IC 20-43-4-9, AS AMENDED BY P.L.108-2019,
SECTION 224, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 9. (a) Subject to subsections (b) and
(c), this subsection applies to the calculation of state tuition support
distributions that are based on the current ADM of a school
corporation. The fall count of ADM, as adjusted by the state board
under section 2 3.5 of this chapter, shall be used to compute state
tuition support distributions made in the first six (6) months of the
current state fiscal year, and the spring count of ADM, as adjusted by
the state board under section 2 3.5 of this chapter, shall be used to
compute state tuition support distributions made in the second six (6)
months of the state fiscal year.
(b) This subsection applies to a school corporation that does not
provide the estimates required by section 2(b) 2(c) of this chapter
before the deadline. For monthly state tuition support distributions
made before the count of ADM is finalized, the department shall
determine the distribution amount for such a school corporation for a
state fiscal year of the biennium, using data that were used by the
general assembly in determining the state tuition support appropriation
for the budget act for that state fiscal year. The department may adjust
the data used under this subsection for errors.
(c) If the state board adjusts a count of ADM after a distribution is
made under this article, the adjusted count retroactively applies to the
amount of state tuition support distributed to a school corporation
affected by the adjusted count. The department shall settle any
overpayment or underpayment of state tuition support resulting from
an adjusted count of ADM on the schedule determined by the
department and approved by the budget agency.
SECTION 10. [EFFECTIVE JULY 1, 2021 (RETROACTIVE)] (a)
The definitions in IC 20 apply throughout this SECTION.
(b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
board shall assign to a school or school corporation a "null" or "no
letter grade" for the 2021-2022 school year. However, the most
recent results of the school's ILEARN assessment must be included
on the school's Internet web site.
(c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
board shall assign an adult high school a "null" or "no letter
grade" category for the 2021-2022 school year.
(d) This SECTION expires January 1, 2025.
SECTION 11. An emergency is declared for this act.
SEA 290 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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