IN
Indiana Senate Bill SB0331

Indiana 2022 Regular Session

Indiana Senate Bill SB0331 Compare Versions

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1+*ES0331.2*
2+February 21, 2022
3+ENGROSSED
4+SENATE BILL No. 331
5+_____
6+DIGEST OF SB 331 (Updated February 21, 2022 11:48 am - DI 140)
7+Citations Affected: IC 20-28; IC 20-51.4.
8+Synopsis: Education matters. Provides that, for purposes of
9+determining the funding floor for teachers of a school corporation, the
10+amount a school corporation expends for full-time teacher salaries shall
11+include the amount the school corporation expends for participating in
12+a special education cooperative or a career and technical education
13+cooperative that is directly attributable to the salaries of full-time
14+teachers employed by the cooperative, as determined by the department
15+of education (department). Requires the department to annually report
16+(Continued next page)
17+Effective: Upon passage; July 1, 2022.
18+Buchanan, Raatz, Crane, Kruse
19+(HOUSE SPONSOR — BEHNING)
20+January 11, 2022, read first time and referred to Committee on Education and Career
21+Development.
22+January 20, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
23+Appropriations.
24+January 27, 2022, amended, reported favorably — Do Pass.
25+January 31, 2022, read second time, amended, ordered engrossed.
26+February 1, 2022, engrossed. Read third time, passed. Yeas 37, nays 12.
27+HOUSE ACTION
28+February 8, 2022, read first time and referred to Committee on Education.
29+February 17, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
30+Means pursuant to Rule 127.
31+February 21, 2022, reported — Do Pass.
32+ES 331—LS 7001/DI 120 Digest Continued
33+to the legislative council and the budget committee on certain matters
34+regarding full-time teacher salaries and benefits and the issuance of
35+waivers of the requirement that a school corporation expend a specified
36+percentage of tuition support for full-time teacher salaries. Authorizes
37+the treasurer of state (treasurer) to deduct up to 10% of funds made
38+available for the Indiana education scholarship account program
39+(program) to cover costs of administering the program in the first year
40+and up to 5% of funds made available in each year thereafter.
41+Establishes the Indiana education scholarship account administration
42+fund (fund) to support the administration of the program. Requires any
43+amounts deducted by the treasurer for administration costs to be
44+deposited in the fund. Makes changes to the definition of "qualified
45+school". Requires an eligible student with a disability to choose in the
46+application process whether the eligible student will receive special
47+education services from: (1) the school corporation required to provide
48+the special education services to the eligible student; or (2) a qualified
49+school that provides the necessary special education or related services
50+to the eligible student. Specifies the annual grant amount calculation
51+for an eligible student based on the eligible student's application
52+choice. Amends the list of individuals or entities that may become
53+participating entities. Removes provisions that do the following: (1)
54+Require the treasurer of state to provide certain online services and
55+capabilities. (2) Require certain participating entities to post a surety
56+bond or provide the treasurer of state information regarding
57+unencumbered assets. Makes technical corrections.
58+ES 331—LS 7001/DI 120ES 331—LS 7001/DI 120 February 21, 2022
159 Second Regular Session of the 122nd General Assembly (2022)
260 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
361 Constitution) is being amended, the text of the existing provision will appear in this style type,
462 additions will appear in this style type, and deletions will appear in this style type.
563 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
664 provision adopted), the text of the new provision will appear in this style type. Also, the
765 word NEW will appear in that style type in the introductory clause of each SECTION that adds
866 a new provision to the Indiana Code or the Indiana Constitution.
967 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1068 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 331
12-AN ACT to amend the Indiana Code concerning education.
69+ENGROSSED
70+SENATE BILL No. 331
71+A BILL FOR AN ACT to amend the Indiana Code concerning
72+education.
1373 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 20-28-9-27, AS ADDED BY P.L.165-2021,
15-SECTION 155, IS AMENDED TO READ AS FOLLOWS
16-[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) As used in this section,
17-"funding floor" means the amount a school corporation expended for
18-full-time teacher salaries during a particular state fiscal year.
19-(b) Subject to subsections (c) (d) and (d), (e), if the amount of state
20-tuition support distributed to a school corporation for a particular state
21-fiscal year is greater than the amount of state tuition support distributed
22-to the school corporation for the preceding state fiscal year, the school
23-corporation may not expend an amount for full-time teacher salaries
24-during the particular state fiscal year that is less than the funding floor
25-for the preceding state fiscal year.
26-(c) For purposes of this section, the amount a school corporation
27-expends for full-time teacher salaries shall include the amount the
28-school corporation expends for participating in a special education
29-cooperative or a career and technical education cooperative that
30-is directly attributable to the salaries of full-time teachers
31-employed by the cooperative, as determined by the department.
32-(c) (d) For purposes of this subsection, stipends paid using teacher
33-appreciation grants under IC 20-43-10-3.5 are not considered. If a
34-SEA 331 — CC 1 2
35-school corporation has awarded stipends to a majority of the school
36-corporation's teachers in each of the two (2) preceding consecutive
37-state fiscal years, an amount equal to the lesser of the total amount of
38-stipends awarded in each of those state fiscal years shall be added to
39-the school corporation's funding floor for the preceding state fiscal year
40-described under subsection (b).
41-(d) (e) A school corporation may apply for a waiver from the
42-department of the prohibition under subsection (b). The department
43-may grant a waiver to a school corporation if the school corporation's
44-enrollment for the school year during that particular state fiscal year is
45-less than the enrollment in the school year during the preceding state
46-fiscal year.
47-SECTION 2. IC 20-28-9-28, AS ADDED BY P.L.165-2021,
74+1 SECTION 1. IC 20-28-9-27, AS ADDED BY P.L.165-2021,
75+2 SECTION 155, IS AMENDED TO READ AS FOLLOWS
76+3 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) As used in this section,
77+4 "funding floor" means the amount a school corporation expended for
78+5 full-time teacher salaries during a particular state fiscal year.
79+6 (b) Subject to subsections (c) (d) and (d), (e), if the amount of state
80+7 tuition support distributed to a school corporation for a particular state
81+8 fiscal year is greater than the amount of state tuition support distributed
82+9 to the school corporation for the preceding state fiscal year, the school
83+10 corporation may not expend an amount for full-time teacher salaries
84+11 during the particular state fiscal year that is less than the funding floor
85+12 for the preceding state fiscal year.
86+13 (c) For purposes of this section, the amount a school corporation
87+14 expends for full-time teacher salaries shall include the amount the
88+15 school corporation expends for participating in a special education
89+16 cooperative or a career and technical education cooperative that
90+ES 331—LS 7001/DI 120 2
91+1 is directly attributable to the salaries of full-time teachers
92+2 employed by the cooperative, as determined by the department.
93+3 (c) (d) For purposes of this subsection, stipends paid using teacher
94+4 appreciation grants under IC 20-43-10-3.5 are not considered. If a
95+5 school corporation has awarded stipends to a majority of the school
96+6 corporation's teachers in each of the two (2) preceding consecutive
97+7 state fiscal years, an amount equal to the lesser of the total amount of
98+8 stipends awarded in each of those state fiscal years shall be added to
99+9 the school corporation's funding floor for the preceding state fiscal year
100+10 described under subsection (b).
101+11 (d) (e) A school corporation may apply for a waiver from the
102+12 department of the prohibition under subsection (b). The department
103+13 may grant a waiver to a school corporation if the school corporation's
104+14 enrollment for the school year during that particular state fiscal year is
105+15 less than the enrollment in the school year during the preceding state
106+16 fiscal year.
107+17 SECTION 2. IC 20-28-9-28, AS ADDED BY P.L.165-2021,
108+18 SECTION 156, IS AMENDED TO READ AS FOLLOWS
109+19 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) For each school year in a
110+20 state fiscal year beginning after June 30, 2021, a school corporation
111+21 shall expend an amount for full-time teacher salaries that is not less
112+22 than an amount equal to forty-five percent (45%) of the state tuition
113+23 support distributed to the school corporation during the state fiscal
114+year. For purposes of determining whether a school corporation24
115+has complied with this requirement, the amount a school25
116+corporation expends for full-time teacher salaries shall include the26
117+amount the school corporation expends for participating in a27
118+special education cooperative or a career and technical education28
119+cooperative that is directly attributable to the salaries of full-time29
120+teachers employed by the cooperative, as determined by the30
121+department.31
122+32 (b) If a school corporation determines that the school corporation
123+33 cannot comply with the requirement under subsection (a) for a
124+34 particular school year, the school corporation shall apply for a waiver
125+35 from the department.
126+36 (c) The waiver application must include an explanation of the
127+37 financial challenges, with detailed data, that preclude the school
128+38 corporation from meeting the requirement under subsection (a) and
129+39 describe the cost saving measures taken by the school corporation in
130+40 attempting to meet the requirement in subsection (a). The waiver may
131+41 also include an explanation of an innovative or efficient approach in
132+42 delivering instruction that is responsible for the school corporation
133+ES 331—LS 7001/DI 120 3
134+1 being unable to meet the requirement under subsection (a).
135+2 (d) If, after review, the department determines that the school
136+3 corporation has exhausted all reasonable efforts in attempting to meet
137+4 the requirement in subsection (a), the department may grant the school
138+5 corporation a one (1) year exception from the requirement.
139+6 (e) A school corporation that receives a waiver under this section
140+7 shall work with the department to develop a plan to identify additional
141+8 cost saving measures and any other steps that may be taken to allow the
142+9 school corporation to meet the requirement under subsection (a).
143+10 (f) A school corporation may not receive more than three (3)
144+11 waivers under this section.
145+12 (g) Before November 1, 2022, and before November 1 of each
146+13 year thereafter, the department shall submit a report to the
147+14 legislative council in an electronic format under IC 5-14-6 and the
148+15 budget committee that contains information as to:
149+16 (1) the percent and amount that each school corporation
150+17 expended and the statewide total expended for full-time
151+18 teacher salaries;
152+19 (2) the percent and amount that each school corporation
153+20 expended and statewide total expended for full-time teacher
154+21 benefits, including health, dental, life insurance, and pension
155+22 benefits;
156+23 (3) whether the school corporation met the requirement set
157+24 forth in subsection (a); and
158+25 (4) whether the school corporation received a waiver under
159+26 subsection (d).
160+27 SECTION 3. IC 20-51.4-2-10, AS ADDED BY P.L.165-2021,
161+28 SECTION 180, IS AMENDED TO READ AS FOLLOWS
162+29 [EFFECTIVE UPON PASSAGE]: Sec. 10. "Qualified school" refers to
163+30 a nonpublic school accredited by either the state board or a national or
164+31 regional accreditation agency that is recognized by the state board:
165+32 (1) to which an eligible student is required to pay tuition to attend;
166+33 and
167+34 (2) that agrees to enroll an eligible student. public or nonpublic
168+35 elementary school or high school that:
169+36 (1) is located in Indiana;
170+37 (2) requires an eligible student to pay tuition or transfer
171+38 tuition to attend;
172+39 (3) voluntarily agrees to enroll an eligible student;
173+40 (4) is accredited by either the state board or a national or
174+41 regional accreditation agency that is recognized by the state
175+42 board;
176+ES 331—LS 7001/DI 120 4
177+1 (5) administers the statewide assessment program;
178+2 (6) is not a charter school or the school corporation in which
179+3 an eligible student has legal settlement under IC 20-26-11;
180+4 and
181+5 (7) submits to the department only the student performance
182+6 data required for a category designation under IC 20-31-8-3.
183+7 SECTION 4. IC 20-51.4-3-5, AS ADDED BY P.L.165-2021,
184+8 SECTION 180, IS AMENDED TO READ AS FOLLOWS
185+9 [EFFECTIVE UPON PASSAGE]: Sec. 5. The treasurer of state shall
186+10 provide online services and capabilities including, but not limited to,
187+11 the following:
188+12 (1) A method for parents to submit an application agreement
189+13 described in IC 20-51.4-4-1(a).
190+14 (2) A method for a participating entity to submit the intent of the
191+15 participating entity to participate in the program.
192+16 (3) A method for parents to identify and select participating
193+17 entities participating in the program.
194+18 (4) A method for parents and participating entities to initiate and
195+19 receive payments from an eligible student's account.
196+20 (5) A method for parents to rate the parent's experience with a
197+21 participating entity and the ability for other parents of eligible
198+22 students to see the rating.
199+23 (6) Methods that are intuitive and allow for contributions to be
200+24 easily made to an eligible student's account.
201+25 (7) (5) Resources the family of an eligible student can access to
202+26 learn about advocacy groups available to provide information and
203+27 resources to the eligible student's family.
204+28 SECTION 5. IC 20-51.4-3-7, AS ADDED BY P.L.165-2021,
205+29 SECTION 180, IS AMENDED TO READ AS FOLLOWS
206+30 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) For each school year, the
207+31 treasurer of state shall determine, based on the amount of funds
208+32 available for the program, the number of grants that the treasurer of
209+33 state will award under the program. The number of applications
210+34 approved and the number of grants awarded under this article by the
211+35 treasurer of state for the school year may not exceed the number
212+36 determined by the treasurer of state under this section.
213+37 (b) The treasurer of state may deduct the following amounts
214+38 from the funds made available for the program to cover costs of
215+39 managing accounts and administering the program:
216+40 (1) For the first year of the program, not more than ten
217+41 percent (10%) of the funds made available to cover the costs
218+42 described in this subsection.
219+ES 331—LS 7001/DI 120 5
220+1 (2) For each year thereafter, not more than five percent (5%)
221+2 of the funds made available to cover the costs described in this
222+3 subsection.
223+4 Any amount deducted under this subsection shall be deposited in
224+5 the Indiana education scholarship account administration fund
225+6 established by IC 20-51.4-4-3.5.
226+7 SECTION 6. IC 20-51.4-4-1, AS AMENDED BY THE
227+8 TECHNICAL CORRECTIONS BILL OF THE 2022 GENERAL
228+9 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
229+10 UPON PASSAGE]: Sec. 1. (a) After June 30, 2022, a parent of an
230+11 eligible student or an emancipated eligible student may establish an
231+12 Indiana education scholarship account for the eligible student by
232+13 entering into a written agreement with the treasurer of state on a form
233+14 prepared by the treasurer of state. The treasurer of state shall establish
234+15 a date by which an application to establish an account for the
235+16 2022-2023 upcoming school year must be submitted. However, for a
236+17 school year beginning after July 1, 2022, applications must be
237+18 submitted for an eligible student not later than April 1 September 1 for
238+19 the immediately following school year. The account of an eligible
239+20 student shall be made in the name of the eligible student. The treasurer
240+21 of state shall make the agreement available on the Internet web site of
241+22 the treasurer of state. To be eligible, a parent of an eligible student or
242+23 an emancipated eligible student wishing to participate in the program
243+24 must agree that:
244+25 (1) a grant deposited in the eligible student's account under
245+26 section 2 of this chapter and any interest that may accrue in the
246+27 account will be used only for the eligible student's qualified
247+28 expenses;
248+29 (2) money in the account when the account is terminated reverts
249+30 to the state general fund;
250+31 (3) the parent of the eligible student or the emancipated eligible
251+32 student will use part of the money in the account:
252+33 (A) for the eligible student's study in:
253+34 (i) the subject of reading, grammar, mathematics, social
254+35 studies, or science; or
255+36 (ii) any combination of the subjects listed in item (i); or
256+37 (B) for use in accordance with the eligible student's:
257+38 (i) individualized education program developed under
258+39 IC 20-35;
259+40 (ii) service plan developed under 511 IAC 7-34;
260+41 (iii) choice special education plan developed under 511
261+42 IAC 7-49; or
262+ES 331—LS 7001/DI 120 6
263+1 (iv) Indiana education scholarship account education
264+2 service plan; or
265+3 (iv) (v) plan developed under Section 504 of the federal
266+4 Rehabilitation Act of 1973, 29 U.S.C. 794;
267+5 (4) the eligible student will not be enrolled in a school that
268+6 receives tuition support under IC 20-43; and
269+7 (5) the eligible student will take the statewide assessment, as
270+8 applicable based on the eligible student's grade level, as provided
271+9 under IC 20-32-5.1, or the assessment specified in the eligible
272+10 student's:
273+11 (A) individualized education program developed under
274+12 IC 20-35;
275+13 (B) service plan developed under 511 IAC 7-34;
276+14 (C) choice special education plan developed under 511
277+15 IAC 7-49; or
278+16 (D) Indiana education scholarship account education
279+17 service plan; or
280+18 (D) (E) plan developed under Section 504 of the federal
281+19 Rehabilitation Act of 1973, 29 U.S.C. 794.
282+20 (b) A parent of an eligible student may enter into a separate
283+21 agreement under subsection (a) for each child of the parent. However,
284+22 not more than one (1) account may be established for each eligible
285+23 student.
286+24 (c) The account must be established under subsection (a) by a parent
287+25 of an eligible student or an emancipated eligible student for a school
288+26 year on or before a date established by the treasurer of state, which
289+27 must be at least thirty (30) days before the fall ADM count date
290+28 established by the state board under IC 20-43-4-3. A parent of an
291+29 eligible student or an emancipated eligible student may not enter into
292+30 an agreement under this section or maintain an account under this
293+31 chapter if the eligible student receives a choice scholarship under
294+32 IC 20-51-4 for the same school year. An eligible student may not
295+33 receive a grant under section 2 of this chapter if the eligible student is
296+34 currently included in a school corporation's ADM count under
297+35 IC 20-43-4. If a student is enrolled in a public school during the
298+36 same school year in which the student has been deemed eligible for
299+37 an account under this chapter:
300+38 (1) the student shall be deemed ineligible for application or
301+39 renewal;
302+40 (2) the student shall not receive a grant under section 2 of this
303+41 chapter; and
304+42 (3) any accounts in the student's name shall be immediately
305+ES 331—LS 7001/DI 120 7
306+1 terminated.
307+2 (d) Except as provided in subsections (e) and (f), an agreement
308+3 made under this section is valid for one (1) school year while the
309+4 eligible student is in kindergarten through grade 12 and may be
310+5 renewed annually. Upon graduation, or receipt of a certificate of
311+6 completion under the eligible student's individualized education
312+7 program, the eligible student's account is terminated.
313+8 (e) An agreement entered into under this section terminates
314+9 automatically for an eligible student if:
315+10 (1) the eligible student no longer resides in Indiana while the
316+11 eligible student is eligible to receive grants under section 2 of this
317+12 chapter; or
318+13 (2) the account is not renewed within three hundred ninety-five
319+14 (395) days after the date the account was either established or last
320+15 renewed.
321+16 If an account is terminated under this section, money in the eligible
322+17 student's account, including any interest accrued, reverts to the state
323+18 general fund.
324+19 (f) An agreement made under this section for an eligible student
325+20 while the eligible student is in kindergarten through grade 12 may be
326+21 terminated before the end of the school year if the parent of the eligible
327+22 student or the emancipated eligible student notifies the treasurer of
328+23 state in a manner specified by the treasurer of state.
329+24 (g) A distribution made to an account under section 3 section 2 of
330+25 this chapter is considered tax exempt as long as the distribution is used
331+26 for a qualified expense. The amount is subtracted from the definition
332+27 of adjusted federal gross income under IC 6-3-1-3.5 to the extent the
333+28 distribution used for the qualified expense is included in the taxpayer's
334+29 adjusted federal gross income under the Internal Revenue Code.
335+30 (h) The department shall establish a student test number as
336+31 described in IC 20-19-3-9.4 for each eligible student. The treasurer of
337+32 state shall provide the department information necessary for the
338+33 department to comply with this subsection.
339+34 SECTION 7. IC 20-51.4-4-2, AS ADDED BY P.L.165-2021,
340+35 SECTION 180, IS AMENDED TO READ AS FOLLOWS
341+36 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) An eligible student who
342+37 currently maintains an account is entitled to an annual grant amount for
343+38 each school year until the student graduates or obtains a certificate of
344+39 completion under the student's individualized education program. An
345+40 eligible student may not receive a grant under this section after
346+41 graduating or obtaining a certificate of completion. The annual grant
347+42 amount shall be paid from the fund. The treasurer of state, with notice
348+ES 331—LS 7001/DI 120 8
349+1 to the department, shall deposit the annual grant amount under this
350+2 section, in quarterly deposits, into an eligible student's account in a
351+3 manner established by the treasurer of state. The treasurer of state may
352+4 deduct an amount of not more than three percent (3%) from each
353+5 quarterly distribution to accounts under this article to cover the costs
354+6 of managing the accounts and administering the program.
355+7 (b) Except as provided in subsection (c), at the end of the year in
356+8 which an account is established, the parent of an eligible student or the
357+9 emancipated eligible student may roll over for use in a subsequent year
358+10 a maximum of one thousand dollars ($1,000). However, for each year
359+11 thereafter, the parent of the eligible student or the emancipated eligible
360+12 student may roll over one thousand dollars ($1,000) plus any amount
361+13 rolled over in a previous year.
362+14 (c) An eligible student's account shall terminate the later of:
363+15 (1) the date the student graduates high school; or
364+16 (2) July 1 of the year in the year which the student graduates high
365+17 school.
366+18 Any money, including interest that remains in the eligible student's
367+19 account when it terminates under this subsection reverts to the state
368+20 general fund.
369+21 SECTION 8. IC 20-51.4-4-3, AS ADDED BY P.L.165-2021,
370+22 SECTION 180, IS AMENDED TO READ AS FOLLOWS
371+23 [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana education
372+24 scholarship account program fund is established for the purpose of
373+25 providing grants to eligible students under the program. Money
374+26 appropriated to the fund during the state fiscal year beginning July 1,
375+27 2021, and ending June 30, 2022, may only be used for the
376+28 administrative costs to establish the program. However, money
377+29 appropriated to the fund during the state fiscal year beginning July 1,
378+30 2022, and ending June 30, 2023, may be used to provide grants under
379+31 this chapter in the manner prescribed in section 2 of this chapter.
380+32 (b) The treasurer of state shall administer the fund.
381+33 (c) The fund consists of the following:
382+34 (1) Appropriations by the general assembly.
383+35 (2) Interest deposited in the fund under subsection (d).
384+36 (3) Donations, gifts, and money received from any other source,
385+37 including transfers from other funds or accounts.
386+38 (3) Amounts transferred to the fund from the Indiana
387+39 education scholarship account administration fund under
388+40 section 3.5(e) of this chapter.
389+41 (d) The treasurer of state shall invest money in the fund not
390+42 currently needed to meet the obligations of the fund in the same
391+ES 331—LS 7001/DI 120 9
392+1 manner as other public money may be invested. Interest that accrues
393+2 from these investments shall be deposited in the fund.
394+3 (e) Money in the fund at the end of a state fiscal year reverts to the
395+4 state general fund.
396+5 SECTION 9. IC 20-51.4-4-3.5 IS ADDED TO THE INDIANA
397+6 CODE AS A NEW SECTION TO READ AS FOLLOWS
398+7 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) The Indiana education
399+8 scholarship account administration fund is established for the
400+9 purpose of accepting money for the Indiana education scholarship
401+10 account program to support administration of the program.
402+11 (b) The treasurer of state shall administer the fund.
403+12 (c) The fund consists of the following:
404+13 (1) Administration fees deposited in the fund under
405+14 IC 20-51.4-3-7(b).
406+15 (2) Donations, gifts, and money received from any other
407+16 source, including transfers from other funds or accounts.
408+17 (3) Interest deposited in the fund under subsection (d).
409+18 (d) The treasurer of state shall invest money in the fund not
410+19 currently needed to meet the obligations of the fund in the same
411+20 manner as other public money may be invested. Interest that
412+21 accrues from these investments shall be deposited in the fund.
413+22 (e) The treasurer of state may transfer any funds held in the
414+23 fund to the Indiana education scholarship account program fund
415+24 established by section 3 of this chapter at any time for the purpose
416+25 of that fund.
417+26 SECTION 10. IC 20-51.4-4-4, AS ADDED BY P.L.165-2021,
418+27 SECTION 180, IS AMENDED TO READ AS FOLLOWS
419+28 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to sections 5 and
420+29 10 of this chapter, the annual grant amount under section 2 of this
421+30 chapter for an eligible student equals, subject to subsection (b), (d),
422+31 ninety percent (90%) of the amount determined in the last STEP of the
423+32 following formula:
424+33 STEP ONE: Determine the school corporation in which the
425+34 eligible student has legal settlement.
426+35 STEP TWO: Determine the amount of state tuition support that
427+36 the school corporation identified under STEP ONE is eligible to
428+37 receive under IC 20-43-6 for the state fiscal year in which the
429+38 immediately preceding school year begins. The amount does not
430+39 include amounts provided for special education grants under
431+40 IC 20-43-7, career and technical education grants under
432+41 IC 20-43-8, or grants under IC 20-43-10.
433+42 STEP THREE: Determine the result of:
434+ES 331—LS 7001/DI 120 10
435+1 (A) the STEP TWO amount; divided by
436+2 (B) the current ADM (as defined in IC 20-43-1-10) for the
437+3 school corporation identified under STEP ONE for the state
438+4 fiscal year used in STEP TWO.
439+5 (b) An eligible student may choose to receive special education
440+6 services from the school corporation required to provide the special
441+7 education services to the eligible student under 511 IAC 7-34-1.
442+8 However, if an eligible student described in subsection (a) chooses not
443+9 to receive special education or related services from a school
444+10 corporation required to provide the services to the eligible student
445+11 under 511 IAC 7-34-1, the annual grant amount for the eligible student
446+12 shall, in addition to the amount described in subsection (a), include the
447+13 amount the school corporation would receive under IC 20-43-7 for the
448+14 eligible student if the eligible student attended the school corporation.
449+15 (b) If an eligible student enrolls in a qualified school, the grant
450+16 calculated under subsection (a) shall be used to pay tuition and fees
451+17 at that school prior to use of the grant for other qualified expenses,
452+18 unless the eligible student and the school agree in writing to pay for
453+19 tuition and fees by a different means. If the eligible student and the
454+20 school enter into a written agreement under this subsection, the
455+21 agreement must be submitted to the treasurer of state prior to
456+22 disbursement of grants to the accounts.
457+23 (c) An eligible student with a disability shall at the time of
458+24 application for an account make a choice as part of the application
459+25 to receive special education services from:
460+26 (1) the school corporation required to provide the special
461+27 education services to the eligible student under 511 IAC 7-34;
462+28 or
463+29 (2) a qualified school that provides the necessary special
464+30 education or related services to the eligible student.
465+31 (d) The following apply:
466+32 (1) If an eligible student chooses not to receive special
467+33 education or related services from a school corporation
468+34 required to provide the services to the eligible student under
469+35 511 IAC 7-34 or a qualified school under subsection (c)(2), the
470+36 annual grant amount for the eligible student shall, in addition
471+37 to the amount described in subsection (a), include the amount
472+38 the school corporation would receive under IC 20-43-7 for the
473+39 eligible student if the eligible student attended the school
474+40 corporation.
475+41 (2) If an eligible student chooses to receive special education
476+42 or related services from a school corporation required to
477+ES 331—LS 7001/DI 120 11
478+1 provide the services to the eligible student under 511 IAC 7-34
479+2 or a qualified school under subsection (c)(2), the treasurer of
480+3 state shall transfer directly to the school corporation or
481+4 qualified school chosen under subsection (c) the full amount
482+5 of the special education grant for the eligible student under
483+6 IC 20-43-7.
484+7 (c) (e) The annual grant amounts provided in subsection (a) shall be
485+8 rounded as provided in IC 20-43-3-1(4).
486+9 SECTION 11. IC 20-51.4-4-5, AS ADDED BY P.L.165-2021,
487+10 SECTION 180, IS AMENDED TO READ AS FOLLOWS
488+11 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) If an eligible student's
489+12 agreement under section 1 of this chapter is in effect for less than an
490+13 entire school year, the annual grant amount provided under section 2
491+14 of this chapter for that school year shall be reduced on a prorated basis
492+15 in a manner prescribed by the treasurer of state to reflect the length of
493+16 the agreement.
494+17 (b) In the event If an eligible student's account is terminated
495+18 because the eligible student enrolls in a school that receives tuition
496+19 support under IC 20-43, is included in a public school's ADM count
497+20 under IC 20-43-4, the balance in the account at the time the account
498+21 is terminated shall be transferred to the school corporation or charter
499+22 school in which the eligible student enrolls.
500+23 (c) In the event If that special education grant funding under section
501+24 4(b) 4(d) of this chapter has been deposited into the eligible student's
502+25 account but the eligible student subsequently begins receiving special
503+26 education services from a school that receives funding under IC 20-43,
504+27 the balance in the account up to the amount deposited under section
505+28 4(b) 4(d) of this chapter shall be transferred to the school corporation
506+29 or charter school that provides the special education services to the
507+30 student.
508+31 SECTION 12. IC 20-51.4-4-8, AS ADDED BY P.L.165-2021,
509+32 SECTION 180, IS AMENDED TO READ AS FOLLOWS
510+33 [EFFECTIVE UPON PASSAGE]: Sec. 8. This chapter does not
511+34 prohibit a parent of an eligible student or an emancipated eligible
512+35 student from making a payment for any qualified expense from a
513+36 source other than the eligible student's account. The parent of an
514+37 eligible student or an emancipated eligible student is responsible for
515+38 the payment of any qualified expense, including tuition and fees
516+39 required by a qualified school that is not paid from the eligible student's
517+40 account.
518+41 SECTION 13. IC 20-51.4-5-2, AS ADDED BY P.L.165-2021,
519+42 SECTION 180, IS AMENDED TO READ AS FOLLOWS
520+ES 331—LS 7001/DI 120 12
521+1 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The following individuals
522+2 or entities may become a participating entity by submitting an
523+3 application to the treasurer of state in a manner prescribed by the
524+4 treasurer of state:
525+5 (1) A qualified school.
526+6 (2) An individual who or tutoring agency that provides private
527+7 tutoring.
528+8 (3) An individual who or entity that provides services to a student
529+9 with a disability in accordance with an individualized education
530+10 program developed under IC 20-35 or a service plan developed
531+11 under 511 IAC 7-34 or generally accepted standards of care
532+12 prescribed by the eligible student's treating physician.
533+13 (4) An individual who or entity that offers a course or program to
534+14 an eligible student.
535+15 (5) A licensed occupational physician, therapist, or other
536+16 provider who:
537+17 (A) is licensed or certified by a state agency (as defined in
538+18 IC 4-13.1-1-4); and
539+19 (B) provides educational services to an eligible student
540+20 with a disability within the scope of the provider's license
541+21 or certification.
542+22 (6) Entities that provide assessments.
543+23 (b) The treasurer of state shall approve an application submitted
544+24 under subsection (a) if the individual or entity meets the criteria to
545+25 serve as a participating entity.
546+26 (c) If it is reasonably expected by the treasurer of state that a
547+27 participating entity will receive, from payments made under the
548+28 program, more than fifty thousand dollars ($50,000) during a particular
549+29 school year, the participating entity shall, on or before a date prescribed
550+30 by the treasurer of state:
551+31 (1) post a surety bond in an amount equal to the amount expected
552+32 to be paid to the participating entity under the program for the
553+33 particular school year; or
554+34 (2) provide the treasurer of state evidence, in a manner prescribed
555+35 by the treasurer of state, indicating that the participating entity has
556+36 unencumbered assets sufficient to pay the treasurer of state an
557+37 amount equal to the amount expected to be paid to the
558+38 participating entity under the program during the particular school
559+39 year.
560+40 (d) (c) Each participating entity that accepts payments made from
561+41 an account under this article shall provide a receipt to the parent of an
562+42 eligible student or to the emancipated eligible student for each payment
563+ES 331—LS 7001/DI 120 13
564+1 made.
565+2 SECTION 14. IC 20-51.4-5-5, AS ADDED BY P.L.165-2021,
566+3 SECTION 180, IS AMENDED TO READ AS FOLLOWS
567+4 [EFFECTIVE UPON PASSAGE]: Sec. 5. An approved participating
568+5 entity:
569+6 (1) may not charge an eligible student participating in the
570+7 program an amount greater than a similarly situated student who
571+8 is receiving the same or similar services; and
572+9 (2) shall provide a receipt to a parent of an eligible student or an
573+10 emancipated eligible student for each qualified expense charged
574+11 for education or related services provided to the eligible student;
575+12 and
576+13 (3) may not count a grant received by an eligible student
577+14 under this chapter for any purpose regarding the calculation
578+15 of tuition, fees, scholarships, or any other financial aid.
579+16 SECTION 15. An emergency is declared for this act.
580+ES 331—LS 7001/DI 120 14
581+COMMITTEE REPORT
582+Madam President: The Senate Committee on Education and Career
583+Development, to which was referred Senate Bill No. 331, has had the
584+same under consideration and begs leave to report the same back to the
585+Senate with the recommendation that said bill be AMENDED as
586+follows:
587+Page 1, between the enacting clause and line 1, begin a new
588+paragraph and insert:
589+"SECTION 1. IC 20-51.4-2-9, AS ADDED BY P.L.165-2021,
590+SECTION 180, IS AMENDED TO READ AS FOLLOWS
591+[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) "Qualified expenses"
592+refers to the following expenses approved by the treasurer of state
593+under IC 20-51.4-3-2.5 and provided by a participating entity. related
594+to the education of an eligible student for which scholarship money in
595+an account may be used:
596+(1) Tuition and fees at a qualified school, public school, or other
597+participating entity.
598+(2) Fees for:
599+(A) national norm referenced or criterion referenced
600+examinations;
601+(B) advanced placement examinations, Cambridge
602+International courses, International Baccalaureate courses, or
603+College-Level Examination Program (CLEP) examinations; or
604+(C) statewide assessments associated with industry recognized
605+credentials.
606+(3) Educational services for an eligible student who is a student
607+with a disability.
608+(4) Payments associated with the use of paraprofessional or
609+educational aides.
610+(5) Services contracted for and provided by a school corporation,
611+charter school, magnet school, or qualified school, including:
612+(A) individual classes;
613+(B) extracurricular activities or programs; or
614+(C) additional programs, resources, or staffing defined in the
615+student's education plan.
616+(6) Occupational therapy for a student with a disability, provided
617+in accordance with the eligible student's individualized education
618+program developed under IC 20-35 or service plan developed
619+under 511 IAC 7-34.
620+(7) Subject to IC 20-51.4-4-7, fees for transportation paid to a
621+fee-for-service transportation provider for the eligible student to
622+ES 331—LS 7001/DI 120 15
623+travel to and from an approved special education service provider.
624+(8) Tuition and fees to attend training programs and camps that
625+have a focus on:
626+(A) vocational skills;
627+(B) academic skills;
628+(C) life skills;
629+(D) independence; or
630+(E) soft job skills that are character traits and interpersonal
631+skills that characterize a person's relationships with other
632+people.
633+(9) Additional services and therapies prescribed by the eligible
634+student's treating physician in accordance with generally accepted
635+standards of care to improve outcomes for the student in addition
636+to any services currently being provided by the school, insurance,
637+or the Medicaid program.
638+(10) Fees for the management of the account, as described in
639+IC 20-51.4-3-2(c).
640+(b) This subsection does not apply to subsection (a)(3), (a)(6),
641+(a)(7), or (a)(8). The term includes only services that are provided in
642+person. The term does not include any virtual or distance learning
643+services.
644+SECTION 2. IC 20-51.4-2-10, AS ADDED BY P.L.165-2021,
645+SECTION 180, IS AMENDED TO READ AS FOLLOWS
646+[EFFECTIVE UPON PASSAGE]: Sec. 10. "Qualified school" refers to
647+a nonpublic school accredited by either the state board or a national or
648+regional accreditation agency that is recognized by the state board:
649+(1) to which an eligible student is required to pay tuition to attend;
650+and
651+(2) that agrees to enroll an eligible student. public or nonpublic
652+elementary school or high school that:
653+(1) is located in Indiana;
654+(2) requires an eligible student to pay tuition or transfer
655+tuition to attend;
656+(3) voluntarily agrees to enroll an eligible student;
657+(4) is accredited by either the state board or a national or
658+regional accreditation agency that is recognized by the state
659+board;
660+(5) administers the statewide assessment program;
661+(6) is not a charter school or the school corporation in which
662+an eligible student has legal settlement under IC 20-26-11;
663+and
664+(7) submits to the department only the student performance
665+ES 331—LS 7001/DI 120 16
666+data required for a category designation under IC 20-31-8-3.
667+SECTION 3. IC 20-51.4-3-2.5 IS ADDED TO THE INDIANA
668+CODE AS A NEW SECTION TO READ AS FOLLOWS
669+[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The treasurer of state
670+may approve expenses for which an eligible student may use
671+scholarship money under this chapter in the following categories:
672+(1) Tuition and fees at a qualified school or public school.
673+(2) Fees for:
674+(A) national norm referenced or criterion referenced
675+examinations;
676+(B) advanced placement examinations, Cambridge
677+International courses, International Baccalaureate courses,
678+or College-Level Examination Program (CLEP)
679+examinations; or
680+(C) statewide assessments associated with industry
681+recognized credentials.
682+(3) Educational services for an eligible student at a qualified
683+school, public school, or other participating entity.
684+(4) Payments associated with the use of paraprofessional or
685+educational aides.
686+(5) Services contracted for and provided by a school
687+corporation, charter school, magnet school, or qualified
688+school, including:
689+(A) individual classes;
690+(B) extracurricular activities or programs; or
691+(C) additional programs, resources, or staffing defined in
692+the student's education plan.
693+(6) Subject to IC 20-51.4-4-7, fees for transportation paid to
694+a fee-for-service transportation provider for the eligible
695+student to travel to and from an approved special education
696+service provider.
697+(7) Tuition and fees to attend training programs and camps
698+that have a focus on:
699+(A) vocational skills;
700+(B) academic skills;
701+(C) life skills;
702+(D) independence; or
703+(E) soft job skills that are character traits and
704+interpersonal skills that characterize a person's
705+relationships with other people.
706+(8) Additional services and therapies that are:
707+(A) in addition to any services currently being provided by
708+ES 331—LS 7001/DI 120 17
709+the school, insurance, or the Medicaid program; and
710+(B) either:
711+(i) provided in accordance with an eligible student's
712+individualized education program, service plan
713+developed under 511 IAC 7-34, or choice special
714+education plan developed under 511 IAC 7-49; or
715+(ii) prescribed or recommended by a physician,
716+therapist, or other provider who is licensed or certified
717+by a state agency (as defined in IC 4-13.1-1-4) and is
718+acting within the scope of the provider's license or
719+certification and prescribed or recommended in
720+accordance with generally accepted standards of care to
721+improve outcomes for an eligible student.
722+(b) This subsection does not apply to subsection (a)(3), (a)(6), or
723+(a)(7). The term includes only services that are provided in person.
724+The term does not include any virtual or distance learning services.
725+SECTION 4. IC 20-51.4-3-5, AS ADDED BY P.L.165-2021,
726+SECTION 180, IS AMENDED TO READ AS FOLLOWS
727+[EFFECTIVE UPON PASSAGE]: Sec. 5. The treasurer of state shall
728+provide online services and capabilities including, but not limited to,
729+the following:
730+(1) A method for parents to submit an application agreement
731+described in IC 20-51.4-4-1(a).
732+(2) A method for a participating entity to submit the intent of the
733+participating entity to participate in the program.
734+(3) A method for parents to identify and select participating
735+entities participating in the program.
736+(4) A method for parents and participating entities to initiate and
737+receive payments from an eligible student's account.
738+(5) A method for parents to rate the parent's experience with a
739+participating entity and the ability for other parents of eligible
740+students to see the rating.
741+(6) Methods that are intuitive and allow for contributions to be
742+easily made to an eligible student's account.
743+(7) (5) Resources the family of an eligible student can access to
744+learn about advocacy groups available to provide information and
745+resources to the eligible student's family.".
746+Page 1, line 12, after "managing" insert "the".
747+Page 1, delete lines 16 through 17.
748+Page 2, delete lines 1 through 18.
749+Page 3, line 2, strike "part of".
750+Page 3, line 3, delete "in" and insert "in:
751+ES 331—LS 7001/DI 120 18
752+(i)".
753+Page 3, between lines 4 and 5, began a new line triple block
754+indented and insert:
755+"(ii) any combination of the subjects listed in item (i);
756+or".
757+Page 3, line 5, double block indent "(B) for use in accordance with
758+the eligible student's:".
759+Page 7, line 1, reset in roman "ninety percent (90%) of".
760+Page 8, line 36, strike "4(b)" and insert "4(d)".
761+Page 8, line 40, strike "4(b)" and insert "4(d)".
762+Page 9, between lines 10 and 11, begin a new paragraph and insert:
763+"SECTION 13. IC 20-51.4-5-2, AS ADDED BY P.L.165-2021,
764+SECTION 180, IS AMENDED TO READ AS FOLLOWS
765+[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The following individuals
766+or entities may become a participating entity by submitting an
767+application to the treasurer of state in a manner prescribed by the
768+treasurer of state:
769+(1) A qualified school.
770+(2) An individual who or tutoring agency that provides private
771+tutoring.
772+(3) An individual who or entity that provides services to a student
773+with a disability in accordance with an individualized education
774+program developed under IC 20-35 or a service plan developed
775+under 511 IAC 7-34 or generally accepted standards of care
776+prescribed by the eligible student's treating physician.
777+(4) An individual who or entity that offers a course or program to
778+an eligible student.
779+(5) A licensed occupational physician, therapist, or other
780+provider who:
781+(A) is licensed or certified by a state agency (as defined in
782+IC 4-13.1-1-4); and
783+(B) provides educational services to an eligible student
784+with a disability within the scope of the provider's license
785+or certification.
786+(6) Entities that provide assessments.
787+(b) The treasurer of state shall approve an application submitted
788+under subsection (a) if the individual or entity meets the criteria to
789+serve as a participating entity.
790+(c) If it is reasonably expected by the treasurer of state that a
791+participating entity will receive, from payments made under the
792+program, more than fifty thousand dollars ($50,000) during a particular
793+school year, the participating entity shall, on or before a date prescribed
794+ES 331—LS 7001/DI 120 19
795+by the treasurer of state:
796+(1) post a surety bond in an amount equal to the amount expected
797+to be paid to the participating entity under the program for the
798+particular school year; or
799+(2) provide the treasurer of state evidence, in a manner prescribed
800+by the treasurer of state, indicating that the participating entity has
801+unencumbered assets sufficient to pay the treasurer of state an
802+amount equal to the amount expected to be paid to the
803+participating entity under the program during the particular school
804+year.
805+(d) (c) Each participating entity that accepts payments made from
806+an account under this article shall provide a receipt to the parent of an
807+eligible student or to the emancipated eligible student for each payment
808+made.".
809+Renumber all SECTIONS consecutively.
810+and when so amended that said bill do pass and be reassigned to the
811+Senate Committee on Appropriations.
812+(Reference is to SB 331 as introduced.)
813+RAATZ, Chairperson
814+Committee Vote: Yeas 8, Nays 3.
815+_____
816+COMMITTEE REPORT
817+Madam President: The Senate Committee on Appropriations, to
818+which was referred Senate Bill No. 331, has had the same under
819+consideration and begs leave to report the same back to the Senate with
820+the recommendation that said bill be AMENDED as follows:
821+Page 1, delete lines 1 through 17, begin a new paragraph and insert:
822+"SECTION 1. IC 20-28-9-28, AS ADDED BY P.L.165-2021,
48823 SECTION 156, IS AMENDED TO READ AS FOLLOWS
49824 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) For each school year in a
50825 state fiscal year beginning after June 30, 2021, a school corporation
51826 shall expend an amount for full-time teacher salaries that is not less
52827 than an amount equal to forty-five percent (45%) of the state tuition
53828 support distributed to the school corporation during the state fiscal
54-year. For purposes of determining whether a school corporation
55-has complied with this requirement, the amount a school
56-corporation expends for full-time teacher salaries shall include the
57-amount the school corporation expends for participating in a
58-special education cooperative or a career and technical education
59-cooperative that is directly attributable to the salaries of full-time
60-teachers employed by the cooperative, as determined by the
61-department.
829+year.
62830 (b) If a school corporation determines that the school corporation
63831 cannot comply with the requirement under subsection (a) for a
832+ES 331—LS 7001/DI 120 20
64833 particular school year, the school corporation shall apply for a waiver
65834 from the department.
66835 (c) The waiver application must include an explanation of the
67836 financial challenges, with detailed data, that preclude the school
68837 corporation from meeting the requirement under subsection (a) and
69838 describe the cost saving measures taken by the school corporation in
70839 attempting to meet the requirement in subsection (a). The waiver may
71840 also include an explanation of an innovative or efficient approach in
72841 delivering instruction that is responsible for the school corporation
73842 being unable to meet the requirement under subsection (a).
74843 (d) If, after review, the department determines that the school
75844 corporation has exhausted all reasonable efforts in attempting to meet
76845 the requirement in subsection (a), the department may grant the school
77-SEA 331 — CC 1 3
78846 corporation a one (1) year exception from the requirement.
79847 (e) A school corporation that receives a waiver under this section
80848 shall work with the department to develop a plan to identify additional
81849 cost saving measures and any other steps that may be taken to allow the
82850 school corporation to meet the requirement under subsection (a).
83851 (f) A school corporation may not receive more than three (3)
84852 waivers under this section.
85853 (g) Before November 1, 2022, and before November 1 of each
86854 year thereafter, the department shall submit a report to the
87855 legislative council in an electronic format under IC 5-14-6 and the
88856 state budget committee that contains information as to:
89857 (1) the percent and amount that each school corporation
90858 expended and the statewide total expended for full-time
91859 teacher salaries;
92860 (2) the percent and amount that each school corporation
93861 expended and statewide total expended for full-time teacher
94862 benefits, including health, dental, life insurance, and pension
95863 benefits;
96864 (3) whether the school corporation met the requirement set
97865 forth in subsection (a); and
98866 (4) whether the school corporation received a waiver under
99-subsection (d).
100-SECTION 3. IC 20-51.4-3-7, AS ADDED BY P.L.165-2021,
101-SECTION 180, IS AMENDED TO READ AS FOLLOWS
102-[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) For each school year, the
103-treasurer of state shall determine, based on the amount of funds
104-available for the program, the number of grants that the treasurer of
105-state will award under the program. The number of applications
106-approved and the number of grants awarded under this article by the
107-treasurer of state for the school year may not exceed the number
108-determined by the treasurer of state under this section.
109-(b) The treasurer of state may deduct the following amounts
867+subsection (d).".
868+Delete pages 2 through 4.
869+Page 5, delete lines 1 through 11.
870+Page 5, delete lines 21 through 42, begin a new paragraph and
871+insert:
872+"(b) The treasurer of state may deduct the following amounts
110873 from the funds made available for the program to cover costs of
111874 managing accounts and administering the program:
875+ES 331—LS 7001/DI 120 21
112876 (1) For the first year of the program, not more than ten
113877 percent (10%) of the funds made available to cover the costs
114878 described in this subsection.
115879 (2) For each year thereafter, not more than five percent (5%)
116880 of the funds made available to cover the costs described in this
117881 subsection.
118882 Any amount deducted under this subsection shall be deposited in
119883 the Indiana education scholarship account administration fund
120-SEA 331 — CC 1 4
121884 established by IC 20-51.4-4-3.5.
122-SECTION 4. IC 20-51.4-4-1, AS AMENDED BY THE
885+SECTION 3. IC 20-51.4-4-1, AS AMENDED BY THE
123886 TECHNICAL CORRECTIONS BILL OF THE 2022 GENERAL
124887 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
125888 UPON PASSAGE]: Sec. 1. (a) After June 30, 2022, a parent of an
126889 eligible student or an emancipated eligible student may establish an
127890 Indiana education scholarship account for the eligible student by
128891 entering into a written agreement with the treasurer of state on a form
129892 prepared by the treasurer of state. The treasurer of state shall establish
130893 a date by which an application to establish an account for the
131894 2022-2023 upcoming school year must be submitted. However, for a
132895 school year beginning after July 1, 2022, applications must be
133896 submitted for an eligible student not later than April 1 September 1 for
134897 the immediately following school year. The account of an eligible
135898 student shall be made in the name of the eligible student. The treasurer
136899 of state shall make the agreement available on the Internet web site of
137900 the treasurer of state. To be eligible, a parent of an eligible student or
138901 an emancipated eligible student wishing to participate in the program
139902 must agree that:
140903 (1) a grant deposited in the eligible student's account under
141904 section 2 of this chapter and any interest that may accrue in the
142905 account will be used only for the eligible student's qualified
143906 expenses;
144907 (2) money in the account when the account is terminated reverts
145908 to the state general fund;
146909 (3) the parent of the eligible student or the emancipated eligible
147910 student will use part of the money in the account:
148911 (A) for the eligible student's study in the subject of reading,
149912 grammar, mathematics, social studies, or science; or
150913 (B) for use in accordance with the eligible student's:
151914 (i) individualized education program;
152915 (ii) service plan developed under 511 IAC 7-34;
153916 (iii) choice special education plan developed under 511
154917 IAC 7-49; or
918+ES 331—LS 7001/DI 120 22
155919 (iv) plan developed under Section 504 of the federal
156920 Rehabilitation Act of 1973, 29 U.S.C. 794;
157921 (4) the eligible student will not be enrolled in a school that
158922 receives tuition support under IC 20-43; and
159923 (5) the eligible student will take the statewide assessment, as
160924 applicable based on the eligible student's grade level, as provided
161925 under IC 20-32-5.1, or the assessment specified in the eligible
162926 student's:
163-SEA 331 — CC 1 5
164927 (A) individualized education program developed under
165928 IC 20-35;
166929 (B) service plan developed under 511 IAC 7-34;
167930 (C) choice special education plan developed under 511
168931 IAC 7-49; or
169932 (D) plan developed under Section 504 of the federal
170933 Rehabilitation Act of 1973, 29 U.S.C. 794.
171934 (b) A parent of an eligible student may enter into a separate
172935 agreement under subsection (a) for each child of the parent. However,
173936 not more than one (1) account may be established for each eligible
174937 student.
175938 (c) The account must be established under subsection (a) by a parent
176939 of an eligible student or an emancipated eligible student for a school
177940 year on or before a date established by the treasurer of state, which
178941 must be at least thirty (30) days before the fall ADM count date
179942 established by the state board under IC 20-43-4-3. A parent of an
180943 eligible student or an emancipated eligible student may not enter into
181944 an agreement under this section or maintain an account under this
182945 chapter if the eligible student receives a choice scholarship under
183946 IC 20-51-4 for the same school year. An eligible student may not
184947 receive a grant under section 2 of this chapter if the eligible student is
185948 currently included in a school corporation's ADM count under
186949 IC 20-43-4.
187950 (d) Except as provided in subsections (e) and (f), an agreement
188951 made under this section is valid for one (1) school year while the
189952 eligible student is in kindergarten through grade 12 and may be
190953 renewed annually. Upon graduation, or receipt of a certificate of
191954 completion under the eligible student's individualized education
192955 program, the eligible student's account is terminated.
193956 (e) An agreement entered into under this section terminates
194957 automatically for an eligible student if:
195958 (1) the eligible student no longer resides in Indiana while the
196959 eligible student is eligible to receive grants under section 2 of this
197960 chapter; or
961+ES 331—LS 7001/DI 120 23
198962 (2) the account is not renewed within three hundred ninety-five
199963 (395) days after the date the account was either established or last
200964 renewed.
201965 If an account is terminated under this section, money in the eligible
202966 student's account, including any interest accrued, reverts to the state
203967 general fund.
204968 (f) An agreement made under this section for an eligible student
205969 while the eligible student is in kindergarten through grade 12 may be
206-SEA 331 — CC 1 6
207970 terminated before the end of the school year if the parent of the eligible
208971 student or the emancipated eligible student notifies the treasurer of
209972 state in a manner specified by the treasurer of state.
210973 (g) A distribution made to an account under section 3 section 2 of
211974 this chapter is considered tax exempt as long as the distribution is used
212975 for a qualified expense. The amount is subtracted from the definition
213976 of adjusted federal gross income under IC 6-3-1-3.5 to the extent the
214977 distribution used for the qualified expense is included in the taxpayer's
215978 adjusted federal gross income under the Internal Revenue Code.
216979 (h) The department shall establish a student test number as
217980 described in IC 20-19-3-9.4 for each eligible student. The treasurer of
218981 state shall provide the department information necessary for the
219-department to comply with this subsection.
220-SECTION 5. IC 20-51.4-4-2, AS ADDED BY P.L.165-2021,
982+department to comply with this subsection.".
983+Delete pages 6 through 7.
984+Page 8, delete lines 1 through 40.
985+Page 9, reset in roman lines 14 through 15.
986+Page 9, line 16, delete "(3)" and insert "(4)".
987+Page 10, delete lines 4 through 42.
988+Delete pages 11 through 12.
989+Page 13, delete lines 1 through 37.
990+Renumber all SECTIONS consecutively.
991+and when so amended that said bill do pass.
992+(Reference is to SB 331 as printed January 21, 2022.)
993+MISHLER, Chairperson
994+Committee Vote: Yeas 7, Nays 4.
995+ES 331—LS 7001/DI 120 24
996+SENATE MOTION
997+Madam President: I move that Senate Bill 331 be amended to read
998+as follows:
999+Page 5, between lines 19 and 20, begin a new paragraph and insert:
1000+"SECTION 4. IC 20-51.4-4-2, AS ADDED BY P.L.165-2021,
2211001 SECTION 180, IS AMENDED TO READ AS FOLLOWS
2221002 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) An eligible student who
2231003 currently maintains an account is entitled to an annual grant amount for
2241004 each school year until the student graduates or obtains a certificate of
2251005 completion under the student's individualized education program. An
2261006 eligible student may not receive a grant under this section after
2271007 graduating or obtaining a certificate of completion. The annual grant
2281008 amount shall be paid from the fund. The treasurer of state, with notice
2291009 to the department, shall deposit the annual grant amount under this
2301010 section, in quarterly deposits, into an eligible student's account in a
2311011 manner established by the treasurer of state. The treasurer of state may
2321012 deduct an amount of not more than three percent (3%) from each
2331013 quarterly distribution to accounts under this article to cover the costs
2341014 of managing the accounts and administering the program.
2351015 (b) Except as provided in subsection (c), at the end of the year in
2361016 which an account is established, the parent of an eligible student or the
2371017 emancipated eligible student may roll over for use in a subsequent year
2381018 a maximum of one thousand dollars ($1,000). However, for each year
2391019 thereafter, the parent of the eligible student or the emancipated eligible
2401020 student may roll over one thousand dollars ($1,000) plus any amount
2411021 rolled over in a previous year.
2421022 (c) An eligible student's account shall terminate the later of:
2431023 (1) the date the student graduates high school; or
2441024 (2) July 1 of the year in the year which the student graduates high
2451025 school.
2461026 Any money, including interest that remains in the eligible student's
2471027 account when it terminates under this subsection reverts to the state
1028+general fund.".
1029+Renumber all SECTIONS consecutively.
1030+(Reference is to SB 331 as printed January 28, 2022.)
1031+MISHLER
1032+ES 331—LS 7001/DI 120 25
1033+COMMITTEE REPORT
1034+Mr. Speaker: Your Committee on Education, to which was referred
1035+Senate Bill 331, has had the same under consideration and begs leave
1036+to report the same back to the House with the recommendation that said
1037+bill be amended as follows:
1038+Page 1, between the enacting clause and line 1, begin a new
1039+paragraph and insert:
1040+"SECTION 1. IC 20-28-9-27, AS ADDED BY P.L.165-2021,
1041+SECTION 155, IS AMENDED TO READ AS FOLLOWS
1042+[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) As used in this section,
1043+"funding floor" means the amount a school corporation expended for
1044+full-time teacher salaries during a particular state fiscal year.
1045+(b) Subject to subsections (c) (d) and (d), (e), if the amount of state
1046+tuition support distributed to a school corporation for a particular state
1047+fiscal year is greater than the amount of state tuition support distributed
1048+to the school corporation for the preceding state fiscal year, the school
1049+corporation may not expend an amount for full-time teacher salaries
1050+during the particular state fiscal year that is less than the funding floor
1051+for the preceding state fiscal year.
1052+(c) For purposes of this section, the amount a school corporation
1053+expends for full-time teacher salaries shall include the amount the
1054+school corporation expends for participating in a special education
1055+cooperative or a career and technical education cooperative that
1056+is directly attributable to the salaries of full-time teachers
1057+employed by the cooperative, as determined by the department.
1058+(c) (d) For purposes of this subsection, stipends paid using teacher
1059+appreciation grants under IC 20-43-10-3.5 are not considered. If a
1060+school corporation has awarded stipends to a majority of the school
1061+corporation's teachers in each of the two (2) preceding consecutive
1062+state fiscal years, an amount equal to the lesser of the total amount of
1063+stipends awarded in each of those state fiscal years shall be added to
1064+the school corporation's funding floor for the preceding state fiscal year
1065+described under subsection (b).
1066+(d) (e) A school corporation may apply for a waiver from the
1067+department of the prohibition under subsection (b). The department
1068+may grant a waiver to a school corporation if the school corporation's
1069+enrollment for the school year during that particular state fiscal year is
1070+less than the enrollment in the school year during the preceding state
1071+fiscal year.".
1072+Page 1, line 8, after "year." insert "For purposes of determining
1073+whether a school corporation has complied with this requirement,
1074+ES 331—LS 7001/DI 120 26
1075+the amount a school corporation expends for full-time teacher
1076+salaries shall include the amount the school corporation expends
1077+for participating in a special education cooperative or a career and
1078+technical education cooperative that is directly attributable to the
1079+salaries of full-time teachers employed by the cooperative, as
1080+determined by the department.".
1081+Page 2, line 17, delete "state".
1082+Page 2, between lines 28 and 29, begin a new paragraph and insert:
1083+"SECTION 2. IC 20-51.4-2-10, AS ADDED BY P.L.165-2021,
1084+SECTION 180, IS AMENDED TO READ AS FOLLOWS
1085+[EFFECTIVE UPON PASSAGE]: Sec. 10. "Qualified school" refers to
1086+a nonpublic school accredited by either the state board or a national or
1087+regional accreditation agency that is recognized by the state board:
1088+(1) to which an eligible student is required to pay tuition to attend;
1089+and
1090+(2) that agrees to enroll an eligible student. public or nonpublic
1091+elementary school or high school that:
1092+(1) is located in Indiana;
1093+(2) requires an eligible student to pay tuition or transfer
1094+tuition to attend;
1095+(3) voluntarily agrees to enroll an eligible student;
1096+(4) is accredited by either the state board or a national or
1097+regional accreditation agency that is recognized by the state
1098+board;
1099+(5) administers the statewide assessment program;
1100+(6) is not a charter school or the school corporation in which
1101+an eligible student has legal settlement under IC 20-26-11;
1102+and
1103+(7) submits to the department only the student performance
1104+data required for a category designation under IC 20-31-8-3.
1105+SECTION 3. IC 20-51.4-3-5, AS ADDED BY P.L.165-2021,
1106+SECTION 180, IS AMENDED TO READ AS FOLLOWS
1107+[EFFECTIVE UPON PASSAGE]: Sec. 5. The treasurer of state shall
1108+provide online services and capabilities including, but not limited to,
1109+the following:
1110+(1) A method for parents to submit an application agreement
1111+described in IC 20-51.4-4-1(a).
1112+(2) A method for a participating entity to submit the intent of the
1113+participating entity to participate in the program.
1114+(3) A method for parents to identify and select participating
1115+entities participating in the program.
1116+(4) A method for parents and participating entities to initiate and
1117+ES 331—LS 7001/DI 120 27
1118+receive payments from an eligible student's account.
1119+(5) A method for parents to rate the parent's experience with a
1120+participating entity and the ability for other parents of eligible
1121+students to see the rating.
1122+(6) Methods that are intuitive and allow for contributions to be
1123+easily made to an eligible student's account.
1124+(7) (5) Resources the family of an eligible student can access to
1125+learn about advocacy groups available to provide information and
1126+resources to the eligible student's family.".
1127+Page 3, delete lines 8 through 42, begin a new paragraph and insert:
1128+"SECTION 4. IC 20-51.4-4-1, AS AMENDED BY THE
1129+TECHNICAL CORRECTIONS BILL OF THE 2022 GENERAL
1130+ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1131+UPON PASSAGE]: Sec. 1. (a) After June 30, 2022, a parent of an
1132+eligible student or an emancipated eligible student may establish an
1133+Indiana education scholarship account for the eligible student by
1134+entering into a written agreement with the treasurer of state on a form
1135+prepared by the treasurer of state. The treasurer of state shall establish
1136+a date by which an application to establish an account for the
1137+2022-2023 upcoming school year must be submitted. However, for a
1138+school year beginning after July 1, 2022, applications must be
1139+submitted for an eligible student not later than April 1 September 1 for
1140+the immediately following school year. The account of an eligible
1141+student shall be made in the name of the eligible student. The treasurer
1142+of state shall make the agreement available on the Internet web site of
1143+the treasurer of state. To be eligible, a parent of an eligible student or
1144+an emancipated eligible student wishing to participate in the program
1145+must agree that:
1146+(1) a grant deposited in the eligible student's account under
1147+section 2 of this chapter and any interest that may accrue in the
1148+account will be used only for the eligible student's qualified
1149+expenses;
1150+(2) money in the account when the account is terminated reverts
1151+to the state general fund;
1152+(3) the parent of the eligible student or the emancipated eligible
1153+student will use part of the money in the account:
1154+(A) for the eligible student's study in:
1155+(i) the subject of reading, grammar, mathematics, social
1156+studies, or science; or
1157+(ii) any combination of the subjects listed in item (i); or
1158+(B) for use in accordance with the eligible student's:
1159+(i) individualized education program developed under
1160+ES 331—LS 7001/DI 120 28
1161+IC 20-35;
1162+(ii) service plan developed under 511 IAC 7-34;
1163+(iii) choice special education plan developed under 511
1164+IAC 7-49; or
1165+(iv) Indiana education scholarship account education
1166+service plan; or
1167+(iv) (v) plan developed under Section 504 of the federal
1168+Rehabilitation Act of 1973, 29 U.S.C. 794;
1169+(4) the eligible student will not be enrolled in a school that
1170+receives tuition support under IC 20-43; and
1171+(5) the eligible student will take the statewide assessment, as
1172+applicable based on the eligible student's grade level, as provided
1173+under IC 20-32-5.1, or the assessment specified in the eligible
1174+student's:
1175+(A) individualized education program developed under
1176+IC 20-35;
1177+(B) service plan developed under 511 IAC 7-34;
1178+(C) choice special education plan developed under 511
1179+IAC 7-49; or
1180+(D) Indiana education scholarship account education
1181+service plan; or
1182+(D) (E) plan developed under Section 504 of the federal
1183+Rehabilitation Act of 1973, 29 U.S.C. 794.
1184+(b) A parent of an eligible student may enter into a separate
1185+agreement under subsection (a) for each child of the parent. However,
1186+not more than one (1) account may be established for each eligible
1187+student.
1188+(c) The account must be established under subsection (a) by a parent
1189+of an eligible student or an emancipated eligible student for a school
1190+year on or before a date established by the treasurer of state, which
1191+must be at least thirty (30) days before the fall ADM count date
1192+established by the state board under IC 20-43-4-3. A parent of an
1193+eligible student or an emancipated eligible student may not enter into
1194+an agreement under this section or maintain an account under this
1195+chapter if the eligible student receives a choice scholarship under
1196+IC 20-51-4 for the same school year. An eligible student may not
1197+receive a grant under section 2 of this chapter if the eligible student is
1198+currently included in a school corporation's ADM count under
1199+IC 20-43-4. If a student is enrolled in a public school during the
1200+same school year in which the student has been deemed eligible for
1201+an account under this chapter:
1202+(1) the student shall be deemed ineligible for application or
1203+ES 331—LS 7001/DI 120 29
1204+renewal;
1205+(2) the student shall not receive a grant under section 2 of this
1206+chapter; and
1207+(3) any accounts in the student's name shall be immediately
1208+terminated.
1209+(d) Except as provided in subsections (e) and (f), an agreement
1210+made under this section is valid for one (1) school year while the
1211+eligible student is in kindergarten through grade 12 and may be
1212+renewed annually. Upon graduation, or receipt of a certificate of
1213+completion under the eligible student's individualized education
1214+program, the eligible student's account is terminated.
1215+(e) An agreement entered into under this section terminates
1216+automatically for an eligible student if:
1217+(1) the eligible student no longer resides in Indiana while the
1218+eligible student is eligible to receive grants under section 2 of this
1219+chapter; or
1220+(2) the account is not renewed within three hundred ninety-five
1221+(395) days after the date the account was either established or last
1222+renewed.
1223+If an account is terminated under this section, money in the eligible
1224+student's account, including any interest accrued, reverts to the state
2481225 general fund.
249-SEA 331 — CC 1 7
250-SECTION 6. IC 20-51.4-4-3, AS ADDED BY P.L.165-2021,
1226+(f) An agreement made under this section for an eligible student
1227+while the eligible student is in kindergarten through grade 12 may be
1228+terminated before the end of the school year if the parent of the eligible
1229+student or the emancipated eligible student notifies the treasurer of
1230+state in a manner specified by the treasurer of state.
1231+(g) A distribution made to an account under section 3 section 2 of
1232+this chapter is considered tax exempt as long as the distribution is used
1233+for a qualified expense. The amount is subtracted from the definition
1234+of adjusted federal gross income under IC 6-3-1-3.5 to the extent the
1235+distribution used for the qualified expense is included in the taxpayer's
1236+adjusted federal gross income under the Internal Revenue Code.
1237+(h) The department shall establish a student test number as
1238+described in IC 20-19-3-9.4 for each eligible student. The treasurer of
1239+state shall provide the department information necessary for the
1240+department to comply with this subsection.".
1241+Delete page 4.
1242+Page 5, delete lines 1 through 19.
1243+Page 6, strike lines 22 through 23.
1244+Page 6, line 24, delete "(4)" and insert "(3)".
1245+Page 7, between lines 11 and 12, begin a new paragraph and insert:
1246+ES 331—LS 7001/DI 120 30
1247+"SECTION 10. IC 20-51.4-4-4, AS ADDED BY P.L.165-2021,
2511248 SECTION 180, IS AMENDED TO READ AS FOLLOWS
252-[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The Indiana education
253-scholarship account program fund is established for the purpose of
254-providing grants to eligible students under the program. Money
255-appropriated to the fund during the state fiscal year beginning July 1,
256-2021, and ending June 30, 2022, may only be used for the
257-administrative costs to establish the program. However, money
258-appropriated to the fund during the state fiscal year beginning July 1,
259-2022, and ending June 30, 2023, may be used to provide grants under
260-this chapter in the manner prescribed in section 2 of this chapter.
261-(b) The treasurer of state shall administer the fund.
262-(c) The fund consists of the following:
263-(1) Appropriations by the general assembly.
264-(2) Interest deposited in the fund under subsection (d).
265-(3) Donations, gifts, and money received from any other source,
266-including transfers from other funds or accounts.
267-(4) Amounts transferred to the fund from the Indiana
268-education scholarship account administration fund under
269-section 3.5(e) of this chapter.
270-(d) The treasurer of state shall invest money in the fund not
271-currently needed to meet the obligations of the fund in the same
272-manner as other public money may be invested. Interest that accrues
273-from these investments shall be deposited in the fund.
274-(e) Money in the fund at the end of a state fiscal year reverts to the
275-state general fund.
276-SECTION 7. IC 20-51.4-4-3.5 IS ADDED TO THE INDIANA
277-CODE AS A NEW SECTION TO READ AS FOLLOWS
278-[EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) The Indiana education
279-scholarship account administration fund is established for the
280-purpose of accepting money for the Indiana education scholarship
281-account program to support administration of the program.
282-(b) The treasurer of state shall administer the fund.
283-(c) The fund consists of the following:
284-(1) Administration fees deposited in the fund under
285-IC 20-51.4-3-7(b).
286-(2) Donations, gifts, and money received from any other
287-source, including transfers from other funds or accounts.
288-(3) Interest deposited in the fund under subsection (d).
289-(d) The treasurer of state shall invest money in the fund not
290-currently needed to meet the obligations of the fund in the same
291-manner as other public money may be invested. Interest that
292-SEA 331 — CC 1 8
293-accrues from these investments shall be deposited in the fund.
294-(e) The treasurer of state may transfer any funds held in the
295-fund to the Indiana education scholarship account program fund
296-established by section 3 of this chapter at any time for the purpose
297-of that fund.
298-SECTION 8. IC 20-51.4-5-2, AS ADDED BY P.L.165-2021,
1249+[EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to sections 5 and
1250+10 of this chapter, the annual grant amount under section 2 of this
1251+chapter for an eligible student equals, subject to subsection (b), (d),
1252+ninety percent (90%) of the amount determined in the last STEP of the
1253+following formula:
1254+STEP ONE: Determine the school corporation in which the
1255+eligible student has legal settlement.
1256+STEP TWO: Determine the amount of state tuition support that
1257+the school corporation identified under STEP ONE is eligible to
1258+receive under IC 20-43-6 for the state fiscal year in which the
1259+immediately preceding school year begins. The amount does not
1260+include amounts provided for special education grants under
1261+IC 20-43-7, career and technical education grants under
1262+IC 20-43-8, or grants under IC 20-43-10.
1263+STEP THREE: Determine the result of:
1264+(A) the STEP TWO amount; divided by
1265+(B) the current ADM (as defined in IC 20-43-1-10) for the
1266+school corporation identified under STEP ONE for the state
1267+fiscal year used in STEP TWO.
1268+(b) An eligible student may choose to receive special education
1269+services from the school corporation required to provide the special
1270+education services to the eligible student under 511 IAC 7-34-1.
1271+However, if an eligible student described in subsection (a) chooses not
1272+to receive special education or related services from a school
1273+corporation required to provide the services to the eligible student
1274+under 511 IAC 7-34-1, the annual grant amount for the eligible student
1275+shall, in addition to the amount described in subsection (a), include the
1276+amount the school corporation would receive under IC 20-43-7 for the
1277+eligible student if the eligible student attended the school corporation.
1278+(b) If an eligible student enrolls in a qualified school, the grant
1279+calculated under subsection (a) shall be used to pay tuition and fees
1280+at that school prior to use of the grant for other qualified expenses,
1281+unless the eligible student and the school agree in writing to pay for
1282+tuition and fees by a different means. If the eligible student and the
1283+school enter into a written agreement under this subsection, the
1284+agreement must be submitted to the treasurer of state prior to
1285+disbursement of grants to the accounts.
1286+(c) An eligible student with a disability shall at the time of
1287+application for an account make a choice as part of the application
1288+to receive special education services from:
1289+ES 331—LS 7001/DI 120 31
1290+(1) the school corporation required to provide the special
1291+education services to the eligible student under 511 IAC 7-34;
1292+or
1293+(2) a qualified school that provides the necessary special
1294+education or related services to the eligible student.
1295+(d) The following apply:
1296+(1) If an eligible student chooses not to receive special
1297+education or related services from a school corporation
1298+required to provide the services to the eligible student under
1299+511 IAC 7-34 or a qualified school under subsection (c)(2), the
1300+annual grant amount for the eligible student shall, in addition
1301+to the amount described in subsection (a), include the amount
1302+the school corporation would receive under IC 20-43-7 for the
1303+eligible student if the eligible student attended the school
1304+corporation.
1305+(2) If an eligible student chooses to receive special education
1306+or related services from a school corporation required to
1307+provide the services to the eligible student under 511 IAC 7-34
1308+or a qualified school under subsection (c)(2), the treasurer of
1309+state shall transfer directly to the school corporation or
1310+qualified school chosen under subsection (c) the full amount
1311+of the special education grant for the eligible student under
1312+IC 20-43-7.
1313+(c) (e) The annual grant amounts provided in subsection (a) shall be
1314+rounded as provided in IC 20-43-3-1(4).
1315+SECTION 11. IC 20-51.4-4-5, AS ADDED BY P.L.165-2021,
1316+SECTION 180, IS AMENDED TO READ AS FOLLOWS
1317+[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) If an eligible student's
1318+agreement under section 1 of this chapter is in effect for less than an
1319+entire school year, the annual grant amount provided under section 2
1320+of this chapter for that school year shall be reduced on a prorated basis
1321+in a manner prescribed by the treasurer of state to reflect the length of
1322+the agreement.
1323+(b) In the event If an eligible student's account is terminated
1324+because the eligible student enrolls in a school that receives tuition
1325+support under IC 20-43, is included in a public school's ADM count
1326+under IC 20-43-4, the balance in the account at the time the account
1327+is terminated shall be transferred to the school corporation or charter
1328+school in which the eligible student enrolls.
1329+(c) In the event If that special education grant funding under section
1330+4(b) 4(d) of this chapter has been deposited into the eligible student's
1331+account but the eligible student subsequently begins receiving special
1332+ES 331—LS 7001/DI 120 32
1333+education services from a school that receives funding under IC 20-43,
1334+the balance in the account up to the amount deposited under section
1335+4(b) 4(d) of this chapter shall be transferred to the school corporation
1336+or charter school that provides the special education services to the
1337+student.
1338+SECTION 12. IC 20-51.4-4-8, AS ADDED BY P.L.165-2021,
1339+SECTION 180, IS AMENDED TO READ AS FOLLOWS
1340+[EFFECTIVE UPON PASSAGE]: Sec. 8. This chapter does not
1341+prohibit a parent of an eligible student or an emancipated eligible
1342+student from making a payment for any qualified expense from a
1343+source other than the eligible student's account. The parent of an
1344+eligible student or an emancipated eligible student is responsible for
1345+the payment of any qualified expense, including tuition and fees
1346+required by a qualified school that is not paid from the eligible student's
1347+account.
1348+SECTION 13. IC 20-51.4-5-2, AS ADDED BY P.L.165-2021,
2991349 SECTION 180, IS AMENDED TO READ AS FOLLOWS
3001350 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The following individuals
3011351 or entities may become a participating entity by submitting an
3021352 application to the treasurer of state in a manner prescribed by the
3031353 treasurer of state:
3041354 (1) A qualified school.
3051355 (2) An individual who or tutoring agency that provides private
3061356 tutoring.
3071357 (3) An individual who or entity that provides services to a student
3081358 with a disability in accordance with an individualized education
3091359 program developed under IC 20-35 or a service plan developed
3101360 under 511 IAC 7-34 or generally accepted standards of care
3111361 prescribed by the eligible student's treating physician.
3121362 (4) An individual who or entity that offers a course or program to
3131363 an eligible student.
314-(5) A licensed occupational therapist.
1364+(5) A licensed occupational physician, therapist, or other
1365+provider who:
1366+(A) is licensed or certified by a state agency (as defined in
1367+IC 4-13.1-1-4); and
1368+(B) provides educational services to an eligible student
1369+with a disability within the scope of the provider's license
1370+or certification.
3151371 (6) Entities that provide assessments.
3161372 (b) The treasurer of state shall approve an application submitted
3171373 under subsection (a) if the individual or entity meets the criteria to
3181374 serve as a participating entity.
1375+ES 331—LS 7001/DI 120 33
3191376 (c) If it is reasonably expected by the treasurer of state that a
3201377 participating entity will receive, from payments made under the
3211378 program, more than fifty thousand dollars ($50,000) during a particular
3221379 school year, the participating entity shall, on or before a date prescribed
323-by the treasurer of state
1380+by the treasurer of state:
3241381 (1) post a surety bond in an amount equal to the amount expected
3251382 to be paid to the participating entity under the program for the
3261383 particular school year; or
3271384 (2) provide the treasurer of state evidence, in a manner prescribed
3281385 by the treasurer of state, indicating that the participating entity has
3291386 unencumbered assets sufficient to pay the treasurer of state an
3301387 amount equal to the amount expected to be paid to the
3311388 participating entity under the program during the particular school
3321389 year.
333-(d) Each participating entity that accepts payments made from an
334-account under this article shall provide a receipt to the parent of an
335-SEA 331 — CC 1 9
1390+(d) (c) Each participating entity that accepts payments made from
1391+an account under this article shall provide a receipt to the parent of an
3361392 eligible student or to the emancipated eligible student for each payment
3371393 made.
338-SECTION 9. An emergency is declared for this act.
339-SEA 331 — CC 1 President of the Senate
340-President Pro Tempore
341-Speaker of the House of Representatives
342-Governor of the State of Indiana
343-Date: Time:
344-SEA 331 — CC 1
1394+SECTION 14. IC 20-51.4-5-5, AS ADDED BY P.L.165-2021,
1395+SECTION 180, IS AMENDED TO READ AS FOLLOWS
1396+[EFFECTIVE UPON PASSAGE]: Sec. 5. An approved participating
1397+entity:
1398+(1) may not charge an eligible student participating in the
1399+program an amount greater than a similarly situated student who
1400+is receiving the same or similar services; and
1401+(2) shall provide a receipt to a parent of an eligible student or an
1402+emancipated eligible student for each qualified expense charged
1403+for education or related services provided to the eligible student;
1404+and
1405+(3) may not count a grant received by an eligible student
1406+under this chapter for any purpose regarding the calculation
1407+of tuition, fees, scholarships, or any other financial aid.".
1408+Renumber all SECTIONS consecutively.
1409+and when so amended that said bill do pass.
1410+(Reference is to SB 331 as reprinted February 1, 2022.)
1411+BEHNING
1412+Committee Vote: yeas 9, nays 3.
1413+ES 331—LS 7001/DI 120 34
1414+COMMITTEE REPORT
1415+Mr. Speaker: Your Committee on Ways and Means, to which was
1416+referred Engrossed Senate Bill 331, has had the same under
1417+consideration and begs leave to report the same back to the House with
1418+the recommendation that said bill do pass.
1419+(Reference is to ESB 331 as printed February 17, 2022.)
1420+BROWN T
1421+Committee Vote: Yeas 20, Nays 0
1422+ES 331—LS 7001/DI 120