Indiana House Bill HB1492 Latest Draft

                            First Regular Session of the 123rd General Assembly (2023)
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HOUSE ENROLLED ACT No. 1492
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-10.1 IS REPEALED [EFFECTIVE JULY 1,
2023]. (Indiana Safe Schools Fund).
SECTION 2. IC 10-21-1-1, AS AMENDED BY P.L.92-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Accredited nonpublic school" means a nonpublic school that:
(A) has voluntarily become accredited under IC 20-31-4.1; or
(B) is accredited by a national or regional accrediting agency
that is recognized by the state board of education.
(2) "Active event warning system" refers to a system that includes
services and technology that will notify available law enforcement
agencies in the area of a school building of a life threatening
emergency.
(3) "ADM" refers to average daily membership determined under
IC 20-43-4-2. In the case of a school corporation career and
technical education school described in IC 20-37-1-1, "ADM"
refers to the count on a full-time equivalency basis of students
attending the school on the date ADM is determined under
IC 20-43-4-2.
(4) "Board" refers to the secured school safety board established
by section 3 of this chapter.
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(5) "Bullying prevention program" refers to a program that
must contain one (1) or more of the following components:
(A) Offers students and school personnel opportunities to
develop the skills and strategies to prevent bullying and
potential bullying situations in digital and physical spaces,
including the usage of research based models.
(B) Enables school personnel, including school safety
specialists, safe school committee members, and school
resource officers, to identify and acquire the programs,
technology software, resources, and training necessary
concerning the:
(i) development and implementation of bullying and
cyberbullying prevention programs and school violence,
human trafficking, and self-harm mitigation programs;
(ii) establishment of bullying and cyberbullying
investigation, intervention, and reporting procedures;
(iii) adoption of discipline rules that comply with
IC 20-33-8-13.5; and
(iv) integration of the program into wider school efforts,
including a school safety plan, to promote educational
progress and the physical safety and well-being of school
students, families, faculty, and staff.
(6) "County school safety commission" has the meaning set
forth in section 12 of this chapter.
(7) "Critical incidence digital mapping" means the digitized
mapping of a school building and school grounds to best assist
first responders in an emergency that must:
(A) include accurate floor plans overlaid on or current
aerial imagery of a school building or school plan with
surrounding school grounds;
(B) include site-specific labeling that matches:
(i) the structure of the school building, including room
labels, hallway names, room numbers, external doors,
interior doors, stairwell numbers, locations of hazardous
materials, key utility locations, key boxes, automated
external defibrillators, and trauma kits; and
(ii) the school grounds, including parking areas, athletic
fields, surrounding roads, and neighboring proprieties;
(C) be compatible with platforms and applications used by
local, state, and federal public safety agencies;
(D) be verified for accuracy through a walk through of a
school building and school grounds;
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(E) not require the purchase of additional software for use;
(F) be accessible in a printable format;
(G) be shared with:
(i) the law enforcement agency and fire department that
have jurisdiction over the mapped school building; and
(ii) the statewide 911 system as described in
IC 36-8-16.7-22 through the public safety answer point,
or "PSAP", described in IC 36-8-16.7-20 that has
jurisdiction over the mapped school building; and
(H) be kept confidential and withheld from public
disclosure.
(5) (8) "Fund" refers to the Indiana secured school fund
established by section 2 of this chapter.
(6) (9) "Law enforcement agency" refers to a state, local, or
federal agency or department that would respond to an emergency
event at a school, including both on duty and off duty officers
within the agency or department.
(10) "Multi-disciplinary threat assessment team" means a
group of individuals with expertise in school physical security,
school administration, educational instruction, youth
counseling, mental health and behavioral health, and law
enforcement established by the leadership of the school
corporation or charter school that may serve one (1) or more
schools, that must meet the following requirements:
(A) Be comprised of at least:
(i) a school safety specialist or an individual designated
by the school safety committee;
(ii) a member of a safe school committee;
(iii) a school building level administrator;
(iv) a school resource officer, if one (1) is either employed
by or assigned to the school corporation or charter
school;
(v) an individual with expertise in special education; and
(vi) a school counselor or social worker.
(B) Conduct multi-disciplinary threat assessments that
shall:
(i) provide guidance to students, faculty, and staff
regarding the recognition of threatening or aberrant
behavior that may represent a threat to the community,
school, or self;
(ii) identify members of the school community to whom
threatening behavior should be reported;
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(iii) establish procedures to assess, identify, and
intervene with individuals whose behavior may pose a
threat to the safety of school students, families, faculty,
and staff; and
(iv) inform the adoption, implementation, and updating
of policies adopted by the school corporation or charter
school, including school safety plans and the policies of
a safe school committee for a particular school.
(11) "Safe school committee" means a safe school committee
established under section 14 of this chapter.
(7) "Local plan" means the school safety plan described in
IC 20-26-18.2-2(b).
(8) (12) "School corporation or charter school" refers to an
individual school corporation, a school corporation career and
technical education school described in IC 20-37-1-1, or a charter
school but also includes:
(A) a coalition of school corporations;
(B) a coalition of charter schools; or
(C) a coalition of both school corporations and charter schools;
that intend to jointly employ a school resource officer or to jointly
apply for a matching grant under this chapter, unless the context
clearly indicates otherwise.
(9) (13) "School official" refers to an employee of a school
corporation, charter school, or accredited nonpublic school who
has access to an active event warning system.
(10) (14) "School resource officer" has the meaning set forth in
IC 20-26-18.2-1.
(15) "School safety plan" means the school safety plan
described in section 10 of this chapter.
(16) "School safety specialist" means a school safety specialist
designated under section 9 of this chapter.
(17) "Site vulnerability assessment" means an examination of
the physical safety, security, accessibility, and emergency
preparedness of buildings and grounds.
(18) "Student safety management technology" refers to an
information technology platform and related services to
improve student safety by mitigating cyberbullying, school
violence, human trafficking, and self-harm.
SECTION 3. IC 10-21-1-2, AS AMENDED BY P.L.139-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) The Indiana secured school fund is
established to provide:
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(1) matching grants to enable school corporations, charter
schools, and accredited nonpublic schools to establish programs
under which a school corporation, charter school, or accredited
nonpublic school (or a coalition of schools) may: school
corporations, charter schools, and accredited nonpublic
schools, where the matching grants may be used to:
(A) employ a school resource officer, employ a law
enforcement officer, or enter into a contract or a memorandum
of understanding with a:
(i) local law enforcement agency;
(ii) private entity; or
(iii) nonprofit corporation;
to employ a school resource officer or a law enforcement
officer;
(B) conduct:
(i) a threat site vulnerability assessment of the buildings
within a school corporation or the buildings that are
operated by a charter school or accredited nonpublic school;
or
(ii) critical incident digital mapping of the buildings
within a school corporation or the buildings that are
operated by a charter school or accredited nonpublic
school;
(C) purchase equipment, hardware, materials, and
technology to:
(i) restrict access to school property and classrooms; or
(ii) assist with visitor management on school property;
(ii) (iii) expedite notification of first responders; or
(iv) expedite access to school property for first
responders;
(v) provide school staff with information about the open
or closed status of interior and exterior doors;
(vi) detect fire, chemical, visual, or audible threats;
(vii) enhance emergency communications inside the
building; or
(viii) assist with emergency medical response on school
property;
(D) implement a student and parent support services plan as
described in section 4(a)(6) of this chapter; and IC 20-34-9;
(E) purchase or provide training for a canine trained to
detect drugs and illegal substances, explosives, or firearms,
or to otherwise provide protection for students and school
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employees and the canine shall:
(i) be primarily assigned to a school corporation, charter
school, or accredited nonpublic school;
(ii) be primarily assigned to a school resource officer or
law enforcement officer described in clause (A) who has
received appropriate training for handling a canine
trained to detect drugs and illegal substances, explosives,
or firearms, or to otherwise provide protection for
students and school employees, including training
regarding handling a canine in a school setting; and
(iii) receive continuous training as appropriate;
(F) provide funding for school employees to receive
training, including expenses for per diem, travel, and
lodging, related to:
(i) site vulnerability assessments;
(ii) mental health or behavioral health threat
assessments;
(iii) multi-disciplinary threat assessment teams; or
(iv) emergency preparedness or response activities;
(G) provide funding for school resource officers or law
enforcement officers described in clause (A) to receive
training, including expenses for per diem, travel, and
lodging, related to handling a canine trained to detect
drugs and illegal substances, explosives, or firearms, or to
otherwise provide protection for students and school
employees;
(H) purchase student safety management technology;
(I) design and construct additions or renovations on school
property if the primary purpose of the construction project
is to enhance the physical security of the school building;
or
(J) implement a bullying prevention program; and
(2) one (1) time grants to enable school corporations, charter
schools, and accredited nonpublic schools with the sheriff for the
county in which the school corporation, charter school, or
accredited nonpublic school is located, to provide the initial set up
costs for an active event warning system.
(b) A school corporation or charter school may use money received
under a matching grant for a purpose listed in subsection (a) to provide
a response to a threat in a manner that the school corporation or charter
school sees fit, including firearms training or other self-defense
training.
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(c) The fund shall be administered by the department of homeland
security.
(d) The fund consists of:
(1) appropriations from the general assembly;
(2) grants from the Indiana safe schools fund established by
IC 5-2-10.1-2;
(3) (2) federal grants; and
(4) (3) amounts deposited from any other public or private source.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(g) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 4. IC 10-21-1-4, AS AMENDED BY P.L.139-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) The board may award a matching grant to
enable a school corporation, charter school, or accredited nonpublic
school (or a coalition of schools applying jointly) to:
(1) establish a program to employ a school resource officer;
(2) employ a law enforcement officer;
(3) provide school resource officer training described in
IC 20-26-18.2-1(c);
(4) conduct a threat assessment;
(5) purchase equipment to restrict access to the school or expedite
the notification of first responders; or
(6) implement a student and parent support services plan in the
manner set forth in IC 20-34-9;
(1) employ a school resource officer, employ a law
enforcement officer, or enter into a contract or memorandum
of understanding with a:
(A) local law enforcement agency;
(B) private entity; or
(C) nonprofit corporation;
to employ a school resource officer or a law enforcement
officer;
(2) conduct a site vulnerability assessment of the buildings
within a school corporation or the buildings that are operated
by a charter school or accredited nonpublic school;
(3) conduct critical incident digital mapping of the buildings
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within a school corporation or the buildings that are operated
by a charter school or accredited nonpublic school;
(4) purchase equipment, hardware, materials, and technology
to:
(A) restrict access to school property and classrooms;
(B) assist with visitor management on school property;
(C) expedite notification of first responders;
(D) expedite access to school property for first responders;
(E) provide staff with information about open or closed
status of interior and exterior doors;
(F) detect fire, chemical, visual, or audible threats;
(G) enhance emergency communications inside the school
building; or
(H) assist with emergency medical response on school
property;
(5) implement a student and parent support services plan in
the manner set forth in IC 20-34-9;
(6) purchase or provide training for a canine trained to detect
drugs and illegal substances, explosives, or firearms, or to
otherwise provide protection for students and school
employees and the canine shall:
(A) be primarily assigned to a school corporation, charter
school, or accredited nonpublic school;
(B) be primarily assigned to a school resource officer or
law enforcement officer described in subdivision (1)(A)
who has received appropriate training for handling a
canine trained to detect drugs and illegal substances,
explosives, or firearms, or to otherwise provide protection
for students and school employees, including training
regarding handling a canine in a school setting; and
(C) receive continuous training as appropriate;
(7) provide funding for:
(A) school employees to receive training, including
expenses for per diem, travel, and lodging, related to:
(i) site vulnerability assessments;
(ii) mental health or behavioral health threat
assessments;
(iii) multi-disciplinary threat assessment teams; or
(iv) emergency preparedness or response activities; or
(B) school resource officers or law enforcement officers
described in subdivision (1)(A) to receive training,
including expenses for per diem, travel, and lodging,
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related to handling a canine trained to detect drugs and
illegal substances, explosives, or firearms, or to otherwise
provide protection for students and school employees;
(8) design and construct additions or renovations on school
property if the primary purpose of the construction project is
to enhance the physical security of the school building;
(9) provide one (1) time grants to enable school corporations,
charter schools, and accredited nonpublic schools with the
sheriff for the county in which the school corporation, charter
school, or accredited nonpublic school is located to provide
the initial set up costs for an active event warning system;
(10) implement a bullying prevention program; or
(11) purchase student safety management technology;
in accordance with section 2(a) of this chapter.
(b) A matching grant awarded to a school corporation, charter
school, or accredited nonpublic school (or a coalition of schools
applying jointly) may not exceed the lesser of the following during a
two (2) year period beginning on or after May 1, 2013:
(1) The total cost of the program established by the school
corporation, charter school, or accredited nonpublic school (or the
coalition of schools applying jointly).
(2) Except as provided in subsection (d), the following amounts:
(A) Thirty-five thousand dollars ($35,000) per year, in the case
of a school corporation, charter school, or accredited
nonpublic school that:
(i) has an ADM of at least one (1) and less than one
thousand one (1,001) students; and
(ii) is not applying jointly with any other school corporation,
charter school, or accredited nonpublic school.
(B) Fifty thousand dollars ($50,000) per year, in the case of a
school corporation, charter school, or accredited nonpublic
school that:
(i) has an ADM of more than one thousand (1,000) and less
than five thousand one (5,001) students; and
(ii) is not applying jointly with any other school corporation,
charter school, or accredited nonpublic school.
(C) Seventy-five thousand dollars ($75,000) per year, in the
case of a school corporation, charter school, or accredited
nonpublic school that:
(i) has an ADM of more than five thousand (5,000) and less
than fifteen thousand one (15,001) students; and
(ii) is not applying jointly with any other school corporation,
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charter school, or accredited nonpublic school.
(D) One hundred thousand dollars ($100,000) per year, in the
case of a school corporation, charter school, or accredited
nonpublic school that:
(i) has an ADM of more than fifteen thousand (15,000); and
(ii) is not applying jointly with any other school corporation,
charter school, or accredited nonpublic school.
(E) One hundred thousand dollars ($100,000) per year, in the
case of a coalition of schools applying jointly.
(c) Except as provided in subsection (d), the match requirement for
a grant under this chapter is based on the ADM for the school
corporation, charter school, or accredited nonpublic school (or
coalition of schools applying jointly) that is the subject of the grant
as follows:
(1) For a school corporation, charter school, or accredited
nonpublic school with an ADM of less than five hundred one
(501) students, the grant match must be twenty-five percent
(25%) of the grant amount described in subsection (b).
(2) For a school corporation, charter school, or accredited
nonpublic school with an ADM of more than five hundred (500)
and less than one thousand one (1,001) students, the grant match
must be fifty percent (50%) of the grant amount described in
subsection (b).
(3) For a school corporation, charter school, or accredited
nonpublic school with an ADM of more than one thousand
(1,000) students or a coalition of schools applying jointly, the
grant match must be one hundred percent (100%) of the grant
amount described in subsection (b).
(d) A school corporation, charter school, or accredited nonpublic
school may be eligible to receive a grant of up to:
(1) one hundred thousand dollars ($100,000) if:
(A) the school corporation, charter school, or accredited
nonpublic school receives a grant match of one hundred
percent (100%) of the requested grant amount; and
(B) the board approves the grant request; or
(2) for a school corporation, charter school, or accredited
nonpublic school described in subsection (c)(1) or (c)(2), a grant
of up to fifty thousand dollars ($50,000) if:
(A) the school corporation, charter school, or accredited
nonpublic school receives a grant match of fifty percent (50%)
of the requested grant amount; and
(B) the board approves the grant request.
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(e) A school corporation, charter school, or accredited nonpublic
school may receive only one (1) matching grant under this section each
year.
(f) The board may not award a grant to a school corporation, charter
school, or accredited nonpublic school under this section unless the
school corporation, charter school, or accredited nonpublic school is in
a county that has a county school safety commission, as described in
IC 5-2-10.1-10. section 12 of this chapter.
SECTION 5. IC 10-21-1-4.5, AS ADDED BY P.L.50-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4.5. (a) The board may award a grant to provide
for the initial set up costs for an active event warning system to a
school corporation, charter school, or accredited nonpublic school that
jointly applies with the sheriff for the county in which the school
corporation, charter school, or accredited nonpublic school is located.
The specifications for an active event warning system must include the
following:
(1) A two (2) phone application based system that includes school
officials as a sender within the system and law enforcement
agencies as a receiver within the system.
(2) An adjusted geofence to alert law enforcement agencies that
are within a certain geographic location, including settings based
on rural and urban locations, with an urban setting having a
reduced geofence and a rural setting having a broader geofence.
(3) The ability for students and the public to submit anonymous
tips through a free reporting application.
(4) The ability for information within the system to be
interoperable with 911 dispatch.
(5) The ability to display the school's address and location on a
map.
(6) The ability to provide notifications during emergencies and
nonemergencies.
(7) The ability to call 911 automatically when the system is
triggered.
(8) The ability to operate several individual school response
plans.
(b) A school corporation, charter school, or accredited nonpublic
school may receive only one (1) grant under this section.
(c) A sheriff for a county may receive multiple grants under this
section.
(d) The board may not award a grant to a school corporation or
charter school under this section unless the school corporation or
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charter school is in a county that has a county school safety
commission, as described in IC 5-2-10.1-10. section 12 of this
chapter.
SECTION 6. IC 10-21-1-5, AS AMENDED BY P.L.170-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) A school corporation, charter school, or
accredited nonpublic school may annually apply to the board for a
matching grant from the fund for a program described in section
2(a)(1) of this chapter.
(b) The application must include the following:
(1) A concise description of the school corporation's, charter
school's, or accredited nonpublic school's security needs.
(2) The estimated cost of the program to the school corporation,
charter school, or accredited nonpublic school.
(3) The extent to which the school corporation, charter school, or
accredited nonpublic school has access to and support from a
nearby law enforcement agency and other first responder
services, if applicable.
(4) The ADM of the school corporation or charter school or the
equivalent for an accredited nonpublic school (or the combined
ADM of the coalition of schools applying jointly) that is the
subject of the grant application.
(5) Any other information required by the board.
(6) This subdivision applies to an application from a school
corporation or charter school (or coalition of public schools
applying jointly). A statement whether the school corporation or
charter school has completed a local school safety plan and has
filed the school safety plan with the county school safety
commission for the county in which the school corporation or
charter school is located. In the case of a charter school, each
charter school shall include a statement whether the charter
school has developed and filed with the county school safety
commission for the county in which the charter school is
located:
(A) a local school safety and emergency plan under
IC 20-34-3-23(a); or
(B) not later than July 1, 2024, a school safety plan.
For a charter school in operation on July 1, 2023, the
information described in clauses (A) or (B) shall comply with
this subdivision on or before July 1, 2024.
(7) This subdivision applies to an application from a school
corporation or charter school (or coalition of public schools
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applying jointly). A statement whether the school corporation or
charter school (or coalition of public schools applying jointly)
requests an advance under IC 20-49-10 in addition to a matching
grant under this chapter.
(8) If the application requests funding for school employee
training, the extent to which the school corporation, charter
school, or accredited nonpublic school has used or attempted
to use training offered at no cost, or a reduced cost, by law
enforcement, the department of homeland security, the
department of education, or the federal government,
including an explanation as to why grant funding is necessary
to fund any training expenses except for per diem, travel, and
lodging costs associated with training.
(9) If the application requests funding to employ a school
resource officer, a statement whether the school resource
officer information required under IC 20-26-18.2-5 has been,
if applicable, submitted to the department of homeland
security.
(10) This subdivision applies to an application from a school
corporation, charter school, or an accredited nonpublic school
(or coalition of public and accredited nonpublic schools
applying jointly). A statement of whether the school
corporation, charter school, or accredited nonpublic school
has:
(A) provided a copy of the floor plans for each building
located on the school's property to the law enforcement
agency and the fire department that have jurisdiction over
each school building that clearly indicates each entrance
and exit, the interior rooms and hallways, and the location
of any hazardous materials located in the building; or
(B) conducted critical incidence digital mapping as defined
in section 1 of this chapter for each school building,
including whether it has provided the critical incidence
digital mapping information to:
(i) the law enforcement agency and fire department that
have jurisdiction over the mapped school buildings; and
(ii) the statewide 911 system described in IC 36-8-16.7-22
through the public safety answer point, or "PSAP", (as
described in IC 36-8-16.7-20) that has jurisdiction over
the mapped school buildings.
(c) This subsection applies to an application from a school
corporation, charter school, or accredited nonpublic school (or
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coalition of public and accredited nonpublic schools applying
jointly). Each school corporation, charter school, or accredited
nonpublic school shall certify to the department of homeland security
that the school corporation, charter school, or accredited nonpublic
school has: conducted a threat assessment for each school building
used by the school corporation, charter school, or accredited nonpublic
school before applying for a grant under this chapter.
(1) conducted a site vulnerability assessment for each school
building used by the school corporation, charter school, or
accredited nonpublic school; and
(2) a memorandum of understanding in place with a
community mental health center established under IC 12-29-2
or provider certified or licensed by the state to provide mental
or behavioral health services to students before applying for
a grant under this chapter. A provider described in this
subdivision may be employed by the school corporation,
charter school, or accredited nonpublic school.
(d) This subsection applies to an application from a school
corporation or charter school (or coalition of public schools
applying jointly). Each school corporation shall certify to the
department of homeland security that the school safety plan of the
school corporation was reviewed by the governing body as
described in section 11 of this chapter. In the case of a charter
school, beginning July 1, 2024, each charter school shall certify to
the department of homeland security that the school safety plan of
the charter school was reviewed by the organizer as described in
section 11 of this chapter.
(d) Each school corporation, charter school, or accredited nonpublic
school shall certify to the department of homeland security that the
school corporation, charter school, or accredited nonpublic school has
a memorandum of understanding in place with a community mental
health center established under IC 12-29-2 or provider certified or
licensed by the state to provide mental or behavioral health services to
students before applying for a grant under this chapter. A provider
described in this subsection may be employed by the school
corporation, charter school, or accredited nonpublic school.
SECTION 7. IC 10-21-1-5.5, AS ADDED BY P.L.50-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5.5. (a) A school corporation, charter school, or
accredited nonpublic school and the sheriff for the county in which the
school corporation, charter school, or accredited nonpublic school is
located may jointly apply to the board for a one (1) time grant from the
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fund to provide for the initial set up costs for an active event warning
system.
(b) The application must include the following:
(1) A concise description of the school corporation's, charter
school's, or accredited nonpublic school's security needs.
(2) Any other information required by the board.
(3) A statement whether the school corporation or charter school
has completed a local school safety plan and has filed the plan
with the county school safety commission for the county in which
the school corporation or charter school is located.
(4) A statement from the school corporation, charter school, or
accredited nonpublic school verifying that the active event
warning system meets the specifications listed under section
4.5(a) of this chapter.
SECTION 8. IC 10-21-1-6, AS AMENDED BY P.L.211-2019,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. A school corporation, charter school, or
accredited nonpublic school that is awarded a grant under this chapter
is not required to repay or reimburse the board or fund the amount of
the grant.
SECTION 9. IC 10-21-1-8, AS ADDED BY P.L.211-2018(ss),
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. On or before December 1, 2018, and
periodically thereafter, Not later than November 1, 2023, and each
November 1 thereafter, the board shall conduct a review and submit
a report to the governor and legislative council in an electronic format
under IC 5-14-6. The report:
(1) must provide an overview of the current status of school safety
across the state; and
(2) must include information concerning grants awarded
under this chapter since the establishment of this chapter;
(3) must include the aggregate statewide school resource
officer information specified and collected under
IC 20-26-18.2-5(d); and
(2) (4) may make recommendations to improve the safety of
elementary and secondary school students.
SECTION 10. IC 10-21-1-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 9. (a) Each school corporation shall designate at least
one (1) individual who is not a school resource officer as described
in IC 20-26-18.2-2 to serve as the school safety specialist for the
school corporation.
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(b) Each charter school shall designate at least one (1) individual
who is not a school resource officer as described in IC 20-26-18.2-2
to serve as the school safety specialist for the charter school. A
charter school in operation on July 1, 2023, shall comply with this
subsection on or before July 1, 2024.
(c) All school safety specialists shall be chosen by the
superintendent of the school corporation or leadership of the
charter school with the approval of the governing body or
organizer.
(d) A school safety specialist shall perform the following duties:
(1) Serve on the county school safety commission with
jurisdiction over the school corporation if that individual
school safety specialist is chosen by the superintendent of the
school corporation with the approval of the governing body.
Except as provided in section 12 of this chapter, the school
safety specialists of charter schools do not serve on a county
school safety commission.
(2) Participate each year in a number of days of school safety
training that the department of education determines
necessary under section 13 of this chapter.
(3) With the assistance of the county school safety commission
with jurisdiction over the school corporation or charter
school, develop, implement, and improve a school safety plan
for each school building in the school corporation or charter
school.
(4) Coordinate the school safety plans of each school building
in the school corporation or charter school as required under
this chapter and under rules adopted by the Indiana state
board of education.
(5) Act as a resource for the school corporation's or charter
school's safe school committees and other individuals in the
school corporation or charter school on issues related to
school discipline, safety, and security.
(6) Serve as a liaison for the school corporation or charter
school regarding school safety matters with the board, the
department of homeland security, the department of
education, the Indiana criminal justice institute, and other
state agencies, as applicable.
SECTION 11. IC 10-21-1-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 10. (a) A school corporation shall
develop a school safety plan in accordance with subsection (c) for
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review as described in section 11 of this chapter.
(b) Each charter school shall develop a school safety plan in
accordance with subsection (c) for review as described in section
11 of this chapter. A charter school in operation on July 1, 2023,
shall comply with this subsection on or before July 1, 2024.
(c) The school safety plan:
(1) must be developed by a school safety specialist and the
school's safe school committee, including a school resource
officer if one (1) is employed by the school corporation or
charter school, in consultation with the:
(A) law enforcement agency; and
(B) fire department;
that have jurisdiction over the particular school building;
(2) must:
(A) protect against outside and internal threats to the
physical safety of students, faculty, staff, and the public,
including unsafe conditions, crime prevention, school
violence, bullying and cyberbullying, criminal organization
activity, child abuse and child sexual abuse, mental health
and behavioral health, suicide awareness and prevention,
and other issues that prevent the maintenance of a safe
school;
(B) prevent unauthorized access to school property and
interior areas or rooms, including the management of
authorized visitors on school property, before, during, and
after regular school hours;
(C) secure schools against natural and manmade disasters,
including all emergency preparedness drill requirements
set forth in IC 20-34-3-20;
(D) include a site vulnerability assessment for each school
building;
(E) not later than July 1, 2025, include the establishment of
a multi-disciplinary threat assessment team;
(F) include measures to expedite notification of first
responders and access to school property for first
responders; and
(G) include any additional requirements required by the
Indiana state board of education;
(3) must be provided to a member of the board if a member
requests the school safety plan;
(4) must be available for inspection by the department of
education's division of school building physical security and
HEA 1492 — Concur 18
safety (as established by IC 20-19-3-14);
(5) must be provided to the law enforcement agency and the
fire department that have jurisdiction over the school
corporation or charter school;
(6) must include an attestation that:
(A) a copy of the floor plans for each building located on
the school's property were provided to the law
enforcement agency and the fire department that have
jurisdiction over the school corporation or charter school
that clearly indicates each entrance and exit, the interior
rooms and hallways, and the location of any hazardous
materials located in the building; or
(B) the school corporation or charter school has conducted
critical incidence digital mapping for each school building
within the school corporation or the buildings that are
operated by a charter school, including providing the
critical incidence digital mapping information to:
(i) the law enforcement agency and fire department that
have jurisdiction over the mapped school buildings; and
(ii) the statewide 911 system described in IC 36-8-16.7-22
through the public safety answer point, or "PSAP",
described in IC 36-8-16.7-20 that has jurisdiction over
the mapped school buildings; and
(7) must be filed with the county school safety commission
under section 12 of this chapter having jurisdiction over the
school corporation or charter school.
(d) For purposes of IC 5-14-3, the entities specified in subsection
(c) that receive information under this section shall keep the
information compiled and retained under this section confidential
and shall withhold the information from public disclosure.
SECTION 12. IC 10-21-1-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 11. (a) Before the school safety
plan developed under section 10 of this chapter is provided to or
filed with the entities specified under this chapter, the
superintendent (or the equivalent for a charter school) or a school
safety specialist of the school corporation or charter school shall
present the proposed school safety plan to the governing body or,
if applicable, the charter school organizer, in executive session.
(b) The governing body or organizer may meet in executive
session to receive school safety updates from the superintendent, a
school safety specialist, a school resource officer, or a member of
HEA 1492 — Concur 19
a safe school committee under section 14 of this chapter.
(c) Notwithstanding the requirement to submit the school safety
plan to certain entities under state law, the school corporation or
charter school shall keep the school safety plan confidential and
withhold it from public disclosure.
SECTION 13. IC 10-21-1-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 12. (a) Not later than December
31, 2023, a county shall establish a county school safety
commission. Unless otherwise specified in subsection (b)(1) through
(b)(11), the members described in subsection (b) are appointed by
the school corporation having the largest ADM (as defined in
IC 20-18-2-2), as determined in the fall count of ADM in the school
year ending in the current calendar year.
(b) The members of the commission are as follows:
(1) A school safety specialist for each school corporation
located in whole or in part in the county.
(2) The judge of the court having juvenile jurisdiction in the
county or the judge's designee.
(3) The sheriff of the county or the sheriff's designee.
(4) The chief officer of every other law enforcement agency in
the county, or the chief officer's designee.
(5) A representative of the juvenile probation system,
appointed by the judge described in subdivision (2).
(6) Representatives of community agencies that work with
children within the county.
(7) A representative of the Indiana state police district that
serves the county, appointed by the Indiana state police.
(8) A representative of the prosecuting attorneys council of
Indiana who specializes in the prosecution of juveniles.
(9) A school safety specialist of a charter school representing
the interests and viewpoints of charter schools within the
commission's jurisdiction if at least one (1) charter school
within the commission's jurisdiction requests to participate.
(10) A school safety specialist of an accredited nonpublic
school representing the interests and viewpoints of accredited
nonpublic schools within the commission's jurisdiction if at
least one (1) accredited nonpublic school requests to
participate.
(11) Other appropriate individuals selected by the
commission.
(c) Once a commission is established, the school safety specialist
HEA 1492 — Concur 20
of the school corporation having the largest ADM (as defined in
IC 20-18-2-2), as determined in the fall count of ADM in the school
year ending in the current calendar year, in the county shall
convene the initial meeting of the commission.
(d) The members shall annually elect a chairperson.
(e) A commission shall perform the following duties:
(1) Periodically perform a cumulative analysis of school safety
needs within the county.
(2) Coordinate and make recommendations for the following:
(A) Prevention of juvenile offenses and improving the
reporting of juvenile offenses within the schools.
(B) Proposals for identifying and assessing children who
are at high risk of experiencing a mental health or
behavioral health crisis or becoming juvenile offenders.
(C) Methods to meet the educational needs of children who
have been detained as juvenile offenders.
(D) Methods to improve communications among agencies
that work with children.
(E) Methods to improve school security and emergency
preparedness.
(F) Additional equipment or personnel that are necessary
to carry out school safety plans.
(G) Pooling resources, combining purchases, using shared
administrative services, or collaborating among
participating school corporations, school corporation
career and technical education schools described in
IC 20-37-1-1, and charter schools to improve the
maintenance of safe schools.
(H) Implementing best practices and procedures to use
critical incidence digital mapping in the event of an
emergency within the county.
(I) Any other topic the commission considers necessary to
improve school safety within the commission's jurisdiction.
(3) Provide assistance to school safety specialists and school
resource officers within the commission's jurisdiction in
developing and:
(A) implementing school safety plans; and
(B) requesting grants from the fund.
(4) Assist accredited nonpublic schools within the
commission's jurisdiction that voluntarily submit a school
safety plan or a local school safety and emergency plan
(described in IC 20-34-3-23) to the commission seeking
HEA 1492 — Concur 21
assistance in carrying out the school safety plan.
(f) The affirmative votes of a majority of the voting members of
the commission are required for the commission to take action on
a measure.
(g) A commission shall receive the school safety plans for the
school corporations and charter schools located in the county.
(h) A commission may receive from an accredited nonpublic
school within the commission's jurisdiction a school safety plan or
a local school safety and emergency plan described in
IC 20-34-3-23.
(i) The commission shall keep the school safety plans compiled
and retained under this section confidential and shall withhold the
information from public disclosure.
(j) The commission may share the school safety plans under
subsections (g) and (h) with law enforcement and first responder
agencies that have jurisdiction over the school corporation, charter
school, or accredited nonpublic school. For the purposes of
IC 5-14-3, the entities receiving a school safety plan under this
subsection shall keep information compiled and retained under
subsections (g) and (h) confidential and shall withhold the
information from public disclosure.
(k) A commission shall annually submit to the board on a date
established by the board:
(1) meeting minutes;
(2) any meeting agenda materials directly related to taking
action on a measure under this section; and
(3) a brief annual summary of its activities and
accomplishments.
SECTION 14. IC 10-21-1-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The school safety specialist
training and certification program is established.
(b) The school safety specialist training and certification
program shall provide:
(1) annual training sessions, which may be conducted through
distance learning or at regional centers; and
(2) information concerning best practices and available
resources;
for school safety specialists and county school safety commissions.
(c) The department of education, in consultation with the board,
shall do the following:
(1) Assemble an advisory group of school safety specialists
HEA 1492 — Concur 22
from around the state to make recommendations concerning
the curriculum and standards for school safety specialist
training.
(2) Develop an appropriate curriculum and the standards for
the school safety specialist training and certification program.
The department of education may consult with national school
safety experts in developing the curriculum and standards.
The curriculum developed under this subdivision must
include training in:
(A) identifying, preventing, and intervening in bullying and
cyberbullying;
(B) identifying, preventing, and intervening in criminal
organization activity;
(C) identifying, preventing, and intervening in actions by
a person who is present on school property with the intent
to harm another person;
(D) developing and implementing a school safety plan in
accordance with this chapter;
(E) using a county school safety commission to improve
school safety and emergency preparedness; and
(F) using safe school committees to improve safety and
emergency preparedness for each school building.
(3) Administer the school safety specialist training and
certification program, including the following duties:
(A) Establish a school safety specialist certificate for
candidates eligible under section 9 of this chapter who
have successfully completed the training program.
(B) Review the qualifications of each candidate, determine
their eligibility for certification, and present a certificate
to each school safety specialist eligible for certification.
SECTION 15. IC 10-21-1-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 14. (a) Each school operated by
a school corporation shall establish a safe school committee. The
committee may be a subcommittee of the committee that develops
the strategic and continuous school improvement and achievement
plan under IC 20-31-5. Each committee may include at least one (1)
member who is a member of the support staff of the school or
school corporation career and technical education school.
(b) Each school operated by a charter school shall establish a
safe school committee. A charter school in operation on July 1,
2023, shall comply with this subsection not later than July 1, 2024.
HEA 1492 — Concur 23
(c) The safe school committee shall actively participate in and
assist with the development of the school safety plan.
(d) The department of education, the school corporation's or
charter school's school safety specialist or specialists, and a school
resource officer, if one (1) is employed by the school corporation or
charter school, shall provide materials and guidelines to assist a
safe school committee in developing a policy for a particular school
that addresses the following issues:
(1) Implementation of the school safety plan.
(2) Addressing outside and internal threats to the physical
safety of students, faculty, staff, and the public, including
unsafe conditions, crime prevention, school violence, bullying
and cyberbullying, criminal organization activity, child abuse
and child sexual abuse, mental health and behavioral health,
suicide awareness and prevention, and other issues that
prevent the maintenance of a safe school.
(3) Addressing the professional development needs for faculty
and staff to implement methods that decrease problems
identified under subdivision (2).
(4) Identifying and implementing methods to encourage:
(A) involvement by the community, families, and students;
(B) development of relationships between students and
school faculty and staff; and
(C) use of problem solving teams.
(e) The guidelines developed under subsection (d) must include
age appropriate, research based information that assists school
corporations or charter schools and safe school committees in:
(1) developing and implementing bullying and cyberbullying
prevention programs;
(2) establishing investigation and reporting procedures
related to bullying and cyberbullying; and
(3) adopting discipline rules that comply with IC 20-33-8-13.5.
(f) In addition to developing guidelines under subsection (d), the
department of education shall establish categories of types of
bullying incidents to allow school corporations to use the categories
in making reports under IC 20-20-8-8 and IC 20-34-6-1.
(g) The materials and guidelines provided under subsection (d)
must include the model educational materials and model response
policies and reporting procedures on child abuse and child sexual
abuse developed or identified under IC 20-19-3-11.
SECTION 16. IC 10-21-1-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2023]: Sec. 15. An accredited nonpublic
school may do one (1) or more of the following:
(1) Designate one (1) or more individuals to obtain school
safety specialist certification under section 13 of this chapter
to perform school safety specialist duties under this chapter.
(2) Establish a school safety plan in accordance with section
10 of this chapter.
(3) Establish a safe school committee.
(4) Submit a school safety plan to the county school safety
commission having jurisdiction over the accredited nonpublic
school.
(5) Request to join the county school safety commission
having jurisdiction over the accredited nonpublic school or be
represented by another accredited nonpublic school's school
safety specialist on the same commission.
(6) Request general guidance relating to school safety matters
from one (1) or more of the following:
(A) The board.
(B) The department of education.
(C) The department of homeland security.
(D) The county school safety commission having
jurisdiction over the accredited nonpublic school.
SECTION 17. IC 20-19-3-11.5, AS ADDED BY P.L.211-2018(ss),
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 11.5. (a) As used in this section, "cyberbullying"
refers to bullying (as defined in IC 20-33-8-0.2) that occurs through the
use of data or computer software that is accessed through a:
(1) computer;
(2) computer system;
(3) computer network; or
(4) cellular telephone or other wireless or cellular
communications device.
(b) The department shall maintain a link on the department's
Internet web site website that provides parents and school officials
with resources or best practices regarding the prevention and reporting
of bullying and cyberbullying. The resources must include guidance on
how to report to law enforcement agencies instances of bullying and
cyberbullying that occur off campus. The department shall also include
guidelines developed by the department under IC 5-2-10.1-12(d).
IC 10-21-1-14(d).
(c) The department shall consult with law enforcement agencies,
school officials, and organizations that have expertise in the prevention
HEA 1492 — Concur 25
or reporting of bullying or cyberbullying for purposes of developing or
providing the resources or best practices described in subsection (b).
(d) The following entities shall maintain a link on their Internet web
sites websites to the Internet web site website described in subsection
(b):
(1) The state board.
(2) A school corporation.
SECTION 18. IC 20-19-3-14, AS ADDED BY P.L.36-2014,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 14. (a) As used in this section, "division" refers to
the division of school building physical security and safety established
by subsection (c).
(b) As used in this section, "physical security" refers to security
measures that are designed to deny unauthorized access to a building
or facility, including equipment and resources, and to protect
individuals and property from damage or harm.
(c) The division of school building physical security and safety is
established within the department.
(d) The division shall:
(1) establish and maintain guidelines for using professional
architectural and engineering services to integrate physical
security improvements and safety practices in the construction,
renovation, repair, or alteration of a school facility;
(2) carry out the department's responsibilities with regards to the
school safety specialist training and certification program
established in IC 5-2-10.1-11; IC 10-21-1-13;
(3) establish and maintain guidelines for establishing emergency
response protocols in cooperation with other state agencies;
(4) carry out the department's responsibilities to safe school
committees under IC 5-2-10.1-12; IC 10-21-1-14;
(5) coordinate the department's response and recovery assistance
to a school in the event of a manmade or natural disaster;
(6) provide information and guidance to assist school corporations
or schools to establish mutual aid disaster assistance agreements
with other schools or school corporations; and
(7) study and collect information to integrate lessons learned from
previous school disasters throughout the country into the
curriculum of the school safety specialist training and certification
program established in IC 5-2-10.1-11 IC 10-21-1-13 and
guidelines established by the division under this subsection;
(8) establish and maintain guidelines, in consultation with the
department of homeland security and institute for criminal
HEA 1492 — Concur 26
justice, for developing and maintaining school safety plans as
described in IC 10-21-1-10 and IC 10-21-1-11; and
(9) assist the secured school safety board established by
IC 10-21-1-3 in conducting the review and submitting the
report as described in IC 10-21-1-8.
(e) The division may: upon request by a school corporation:
(1) request a meeting with a school corporation or charter
school to review a school safety plan as described in
IC 10-21-1-10;
(2) request to provide an onsite safety review for a school
corporation or charter school; and
(3) request to provide guidance or assistance relating to school
safety matters to the a school corporation or charter school;
(4) provide assistance or guidance relating to school safety
matters upon request by a nonpublic school that has
voluntarily become accredited under IC 20-31-4.1 or is
accredited by a national or regional accrediting agency that
is recognized by the state board; and
(5) provide assistance or guidance relating to school safety
matters upon request by a county school safety commission
under IC 10-21-1-12.
(f) The division shall maintain a secure Internet web site to provide
school officials and public safety officials access to information that is
considered classified under IC 5-14-3-4(b)(1), IC 5-14-3-4(b)(18), and
IC 5-14-3-4(b)(19) or other sensitive information that may assist school
officials and public safety officials in improving school safety or
responding to a manmade or natural disaster.
(g) The division shall maintain a public Internet web site website
that contains:
(1) the guidelines established by the division under subsection
(d);
(2) best practices pertaining to school safety; and
(3) any other information the division determines may be
necessary to carry out the division's duties or responsibilities
under this section.
SECTION 19. IC 20-26-5-42.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 42.7. (a) The governing body of
a school corporation shall do the following:
(1) Approve or disapprove all school safety specialists chosen
by the superintendent of the school corporation under
IC 10-21-1-9. The governing body of a school corporation
HEA 1492 — Concur 27
shall also approve or disapprove the individual school safety
specialist chosen by the superintendent of the school
corporation to serve on the county school safety commission
under IC 10-21-1-12.
(2) Review a school safety plan described in IC 10-21-1-10
following the procedures outlined in IC 10-21-1-11.
(b) Not later than July 1, 2024, the organizer of a charter school
shall do the following:
(1) Approve or disapprove all school safety specialists chosen
by leadership of the charter school under IC 10-21-1-9.
(2) Review a school safety plan described in IC 10-21-1-10
following the procedures outlined in IC 10-21-1-11.
SECTION 20. IC 20-26-18.2-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 0.5. The following definitions
apply throughout this chapter:
(1) "Safe school committee" refers to the requirements set
forth in IC 10-21-1-14.
(2) "School safety plan" refers to the requirements set forth
in IC 10-21-1-10.
(3) "School safety specialist" refers to the requirements set
forth in IC 10-21-1-9.
SECTION 21. IC 20-26-18.2-1, AS AMENDED BY P.L.139-2022,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) As used in this chapter, "school resource
officer" means a law enforcement officer who:
(1) has completed the training described in subsection (b);
(2) is assigned to one (1) or more school corporations or charter
schools during school hours to:
(A) assist the school safety specialist specialists and the safe
school committees with the development and implementation
of the school safety plan; as provided in section 2 of this
chapter; and
(B) carry out any additional responsibilities assigned to the
school resource officer under the employment engagement,
contract, or memorandum of understanding and to provide law
enforcement services to:
(i) protect against outside threats to the physical safety of
students;
(ii) prevent unauthorized access to school property; and
(iii) secure schools against violence and natural disasters;
and
HEA 1492 — Concur 28
(3) is:
(A) employed by a law enforcement agency;
(B) appointed as a police reserve officer (as described in
IC 36-8-3-20) or as a special deputy (as described in
IC 36-8-10-10.6) if the police reserve officer or special deputy:
(i) is subject to the direction of the sheriff or appointing law
enforcement agency;
(ii) is required to obey the rules and orders of the sheriff's
department or appointing law enforcement agency;
(iii) is required to complete all training required of regular
full-time law enforcement officers employed by the sheriff's
department or appointing law enforcement agency; and
(iv) may be removed by the sheriff or appointing law
enforcement agency at any time, with or without cause; or
(C) a school corporation police officer appointed under
IC 20-26-16-3.
The term does not include a law enforcement officer who is assigned
to a school to provide security outside a school building for protection
from outside threats, traffic duty, or other duties not consistent with the
duties of a school resource officer.
(b) Before being appointed as a school resource officer, an
individual must have successfully completed the minimum training
requirements established for law enforcement officers under
IC 5-2-1-9.
(c) The law enforcement officer appointed as a school resource
officer must receive at least forty (40) hours of school resource officer
training through:
(1) the Indiana law enforcement training board established by
IC 5-2-1-3;
(2) the National Association of School Resource Officers; or
(3) another school resource officer training program approved by
the Indiana law enforcement training board;
within one hundred eighty (180) days from the date the individual is
initially assigned the duties of a school resource officer. However, if
the current ADM of a school corporation is less than one thousand
(1,000) students, the individual shall complete the school resource
officer training within three hundred sixty-five (365) days of the date
the individual is initially assigned the duties of a school resource
officer.
(d) Training described in subsection (c) must include instruction
regarding skills, tactics, and strategies necessary to address the special
nature of:
HEA 1492 — Concur 29
(1) school campuses; and
(2) school building security needs and characteristics.
SECTION 22. IC 20-26-18.2-2, AS AMENDED BY P.L.139-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) A school resource officer may be employed:
(1) by one (1) or more school corporations or charter schools
through a contract between a local law enforcement agency and
the school corporation or school corporations or the charter school
or charter schools;
(2) by one (1) or more school corporations or charter schools;
(3) by a local law enforcement agency that assigns the school
resource officer to one (1) or more school corporations or charter
schools through a memorandum of understanding between the
local law enforcement agency and the school corporation or
school corporations or the charter school or charter schools; or
(4) through a contract between an Indiana business that employs
persons who meet the qualifications of a school resource officer
and the school corporation or school corporations or the charter
school or charter schools.
(b) This subsection does not apply to a school corporation that only
has full-time school resource officers who are either employees of the
school corporation's school police department or are employees of the
school corporation who have successfully completed the law
enforcement basic training requirements described in IC 5-2-1-9(d).
After June 30, 2023, if a school corporation or charter school enters
into a contract for a school resource officer, the school corporation or
charter school must enter into a memorandum of understanding with
the law enforcement agency that employs or appointed the law
enforcement officer who will perform the duties of a school resource
officer. The memorandum of understanding must state the nature and
scope of a school resource officer's duties and responsibilities. A school
resource officer's duties and responsibilities include the duty to assist
the school corporation's or charter school's school safety specialist
specialists and safe school committees with the development and
implementation of a school safety plans. plan that does the following:
(1) Protects against outside threats to the physical safety of
students.
(2) Prevents unauthorized access to school property.
(3) Secures schools against violence and natural disasters.
(4) On or before July 1, 2020, identifies the location of bleeding
control kits (as defined in IC 20-34-3-24(a)).
(c) A school resource officer shall consult with local law
HEA 1492 — Concur 30
enforcement officials and first responders when assisting the school
corporation's or charter school's school safety specialist specialists
and safe school committees in the development of the school safety
plan.
(d) A school resource officer shall participate in the development
and implementation of programs designed to identify, assess, and
provide assistance to troubled youth. youth who are at high risk of
experiencing a mental health crisis or becoming juvenile offenders.
(e) A school resource officer may not be reassigned to other duties
by the school corporation.
SECTION 23. IC 20-26-18.2-5, AS ADDED BY P.L.57-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) Beginning on September 1, 2023, and
each September 1 thereafter, each A school corporation or charter
school served by a school resource officer employed for the protection
of the school corporation or charter school under section 2 of this
chapter shall annually report on a form prescribed by the
department of homeland security:
(1) the number of school resource officers serving the school
corporation or charter school;
(2) the amount budgeted and the sources of the funds to
employ a school resource officer or school resource officers to
serve the school corporation or charter school;
(3) the number of school resource officers serving the school
corporation or charter school employed by one (1) or more
school corporations or charter schools;
(4) an attestation that the school resource officers employed
by the school corporation or charter school have met the
training requirements under section 1 of this chapter;
(5) the number of school resource officers serving the school
corporation or charter school through a contract or
memorandum of understanding with a local law enforcement
agency or an Indiana business that employs persons who meet
the qualifications of a school resource officer under section 2
of this chapter; and
(6) if applicable, the number of law enforcement officers who
are not school resource officers also serving the school
corporation or charter school through a contract or
memorandum of understanding with a local law enforcement
agency;
 to the department of homeland security. before September 1.
(b) The department of homeland security shall:
HEA 1492 — Concur 31
(1) annually compile the information reported under subsection
(a); and
(2) retain the information reported under subsection (a).
(c) For purposes of IC 5-14-3, the department of homeland security
shall keep information compiled and retained under subsection (b)
confidential and shall withhold the information from public disclosure.
(d) The secured school safety board established by IC 10-21-1-3
shall include the following aggregate level information in the
review and report submitted to the governor and legislative council
as required under IC 10-21-1-8:
(1) The total number of school resource officers employed:
(A) in Indiana, including the number of unique school
corporations and charter schools employing a school
resource officer;
(B) exclusively by a school corporation;
(C) by one (1) or more school corporations;
(D) exclusively by a charter school;
(E) by a coalition of charter schools; and
(F) by a combination of one (1) or more school
corporations and one (1) or more charter schools.
(2) A statewide overview of how school corporations and
charter schools are budgeting for the employment of school
resource officers and the employment of law enforcement
officers.
SECTION 24. IC 20-30-5-5.5, AS ADDED BY P.L.285-2013,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5.5. (a) Not later than October 15 of each year,
each public school shall provide age appropriate, research based
instruction as provided under IC 5-2-10.1-12(d)(1) IC 10-21-1-14(d)
focusing on bullying prevention for all students in grades 1 through 12.
(b) The department, in consultation with school safety specialists
and school counselors, shall prepare outlines or materials for the
instruction described in subsection (a) and incorporate the instruction
in grades 1 through 12.
(c) Instruction on bullying prevention may be delivered by a school
safety specialist, school counselor, or any other person with training
and expertise in the area of bullying prevention and intervention.
SECTION 25. IC 20-34-3-20, AS AMENDED BY P.L.92-2020,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 20. (a) The governing body of a school
corporation and an organizer of a charter school shall require each
school in the governing body's jurisdiction or organizer's
HEA 1492 — Concur 32
responsibility to conduct periodic emergency preparedness drills
during the school year in compliance with rules adopted under
IC 4-22-2 by the state board.
(b) Each school and attendance center shall conduct at least:
(1) one (1) tornado preparedness drill; and
(2) one (1) manmade occurrence disaster drill;
during each semester.
(c) At least one (1) manmade occurrence disaster drill required
under subsection (b) must be an active shooter drill and must be
conducted within ninety (90) calendar days after the beginning of the
school year.
(d) Each:
(1) state accredited nonpublic school; and
(2) charter school;
must conduct at least one (1) active shooter drill during each school
year.
(e) Notwithstanding rules established by the state fire marshal under
IC 12-17-12-19, a drill conducted under subsection (b) may be
conducted instead of a periodic or monthly fire evacuation drill
requirement established by the state fire marshal. However, a drill
conducted under subsection (b) may not be made:
(1) instead of more than two (2) periodic or monthly fire
evacuation drills in a particular school semester; and
(2) in two (2) consecutive months.
(f) The governing body of a school corporation or an organizer of
a charter school may direct schools to conduct emergency
preparedness drills in addition to those required under subsection (b).
(g) The governing body of a school corporation or organizer of a
charter school shall require each principal to file a certified statement
that all drills have been conducted as required under this section.
SECTION 26. IC 20-34-3-23, AS AMENDED BY P.L.92-2020,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 23. (a) Each charter school and state accredited
nonpublic school shall adopt a local school safety and emergency plan
that includes:
(1) safety and emergency training and educational opportunities
for school employees; and
(2) periodic safety and emergency preparedness and evacuation
drills.
(b) Each charter school and state accredited nonpublic school shall
provide a copy of the floor plans for each building located on the
school's property that clearly indicates each exit, the interior rooms and
HEA 1492 — Concur 33
hallways, and the location of any hazardous materials located in the
building to the law enforcement agency and the fire department that
have jurisdiction over the school.
(c) If a charter school or state accredited nonpublic school has
conducted critical incidence digital mapping as described in
IC 10-21-1-1 for each school building located on the school's
property, it may provide the critical incidence digital mapping
information to:
(1) the law enforcement agency and fire department that have
jurisdiction over the mapped school buildings; and
(2) the statewide 911 system described in IC 36-8-16.7-22
through the public safety answer point, or "PSAP", described
in IC 36-8-16.7-20 that has jurisdiction over the mapped
school buildings;
to satisfy the requirement of subsection (b).
(d) Once a charter school develops a school safety plan under
IC 10-21-1-10, the charter school has satisfied the requirements of
this section.
SECTION 27. IC 20-34-9-1, AS AMENDED BY P.L.156-2020,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. This chapter does not apply to a virtual charter
school (as defined in IC 20-24-1-10) or a virtual state accredited
nonpublic school.
SECTION 28. IC 20-34-9-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1.1. As used in ths chapter,
"accredited nonpublic school" means a nonpublic school that:
(1) has voluntarily become accredited under IC 20-31-4.1; or
(2) is accredited by a national or regional accrediting agency
that is recognized by the state board.
SECTION 29. IC 20-34-9-4, AS AMENDED BY P.L.92-2020,
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. Beginning after June 30, 2020, and subject to
available funding, a school corporation, a charter school, and a state an
accredited nonpublic school are eligible for a grant under this chapter
if the school corporation, charter school, or state accredited nonpublic
school meets the requirements of this chapter.
SECTION 30. IC 20-34-9-5, AS AMENDED BY P.L.92-2020,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) The student and parent support services
grant program is established to provide grants to school corporations,
charter schools, and state accredited nonpublic schools for the
HEA 1492 — Concur 34
development and implementation of student and parent support
services plans to support parents caring for at-risk students.
(b) The department, in coordination with the division of mental
health and addiction, shall administer the program.
SECTION 31. IC 20-34-9-6, AS AMENDED BY P.L.92-2020,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. A school corporation, a charter school, or a
state an accredited nonpublic school must do the following to
participate in the program:
(1) Apply to the department to participate in the program.
(2) Submit to the department a student and parent support
services plan that the school corporation, charter school, or state
accredited nonpublic school intends to implement and that
includes the following:
(A) A process for a teacher or school employee to notify a
school official to contact a student's parent if the student
demonstrates a repeated pattern of aberrant or abnormal
behavior. The parental notification process described in this
clause must also include that the school will hold a conference
with the student and the student's parent.
(B) A requirement that the conference described in clause (A)
must address the student's potential need for and benefit from:
(i) school based treatment services; or
(ii) treatment services provided by an outside professional
care provider that is contracted and paid for by the school
corporation, charter school, or state accredited nonpublic
school.
(C) A procedure for a parent who chooses to seek services for
the student to follow that includes granting written parental
consent for the student to receive services by a service
provider described under clause (B).
(D) A requirement to ensure that a school shall maintain the
confidentiality of any medical records that result from a
student's participation in any treatment described in clause (B).
The school must adopt a policy that prohibits the school from:
(i) sharing any reports or notes resulting from the provision
of school based treatment services described in clause (B)(i)
with other school officials; and
(ii) maintaining any reports, notes, diagnosis, or
appointments that result from a student's participation in any
treatment described in clause (B)(i) through (B)(ii) in the
student's permanent educational file.
HEA 1492 — Concur 35
SECTION 32. IC 20-34-9-7, AS AMENDED BY P.L.92-2020,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Before June 30, 2020, and before each June
30 thereafter, the department shall evaluate and prepare a report
concerning development and implementation of the following:
(1) The program.
(2) The plans submitted and implemented by school corporations,
charter schools, and state accredited nonpublic schools.
(b) The department shall submit the report described in subsection
(a) to the legislative council in an electronic format under IC 5-14-6.
SECTION 33. IC 20-40-2-10, AS ADDED BY P.L.161-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 10. (a) After the department completes the school
corporation notice requirement under section 9 of this chapter, the
department shall notify the state board, fiscal and qualitative indicators
committee, and Indiana education employment relations board as soon
as possible of all school corporations that received a notice stating they
were on the excessive education fund transfer list for the immediately
preceding calendar year.
(b) Upon receipt of the department notice to a school corporation
under section 9 of this chapter, the school corporation's superintendent
and financial personnel, including the school's business officer, shall
prepare and submit explanatory documentation within ninety (90) days,
explaining the following:
(1) How and why the school corporation's leadership believes the
school corporation failed to meet the education fund transfer
target percentage.
(2) The steps the school corporation's leadership is planning or
actively taking to budget and spend during the next calendar year
to meet the education fund transfer target percentage for the next
calendar year.
(c) The school corporation's superintendent shall submit the
explanatory documentation to the department and the fiscal and
qualitative indicators committee.
(d) Upon submission of the explanatory documentation under
subsection (b), the school corporation's superintendent shall present the
explanatory documentation to the school corporation's governing body
at its next public meeting. The governing body shall enter both the
actual documentation and corresponding discussion into its official
minutes for that meeting.
(e) Upon the completion of the duties under subsection (d), the
school corporation shall publish the explanatory documentation
HEA 1492 — Concur 36
alongside any further notices and related reports from the department
on its Internet web site website within thirty (30) days.
(f) Upon receipt of a school corporation's explanatory
documentation, the fiscal and qualitative indicators committee shall
officially acknowledge receipt of the documentation at its next public
meeting and enter the receipt into its official minutes for that meeting.
(g) Upon receipt of the explanatory documentation, the department,
in collaboration with the fiscal and qualitative indicators committee,
shall review the documentation within sixty (60) days to make a
preliminary determination of whether the documentation satisfactorily
demonstrates that the school corporation's leadership has outlined and
begun a corrective action plan to make progress in meeting the
education fund transfer target percentage for the next calendar year.
(h) If the department determines the explanatory documentation is
not satisfactory, the department may contact the superintendent and
financial personnel, including the school business officer, of the school
corporation to schedule as soon as possible an appearance before the
fiscal and qualitative indicators committee at a public meeting to
provide an opportunity to explain the details within the explanatory
documentation, and to explain to the fiscal and qualitative indicators
committee the school corporation's budgeting and compensation levels
in relation to the following for the school corporation:
(1) How and why the education fund transfer target percentage
was not met during the previous calendar year.
(2) Total combined expenditures.
(3) Student instructional expenditures.
(4) Noninstructional expenditures.
(5) Full-time teacher compensation expenditures.
(6) Nonteaching, full-time administrative personnel compensation
expenditures.
(7) Nonteaching staff personnel compensation expenditures.
(8) Any prior or planned attempts to seek the assistance available
under this chapter from the Indiana education employment
relations board and the department's division of finance.
(9) Any prior or planned pooling of resources, combined
purchases, usage of shared administrative services, or
collaboration with contiguous school corporations in reducing
noninstructional expenditures as described under IC 20-42.5-2-1.
(10) Any prior or planned participation in a county school safety
commission under IC 5-2-10.1-10 IC 10-21-1-12 to assist and
reduce school safety expenditures.
(11) Any prior or planned consideration of meeting the
HEA 1492 — Concur 37
requirements of and applying for school corporation efficiency
incentive grants under IC 36-1.5-6.
(i) The fiscal and qualitative indicators committee may contact the
superintendent and financial personnel, including the school's business
officer, of a school corporation that has been included on the
department's excessive education fund transfer list for at least two (2)
immediately preceding calendar years to provide the school corporation
an opportunity to explain to the fiscal and qualitative indicators
committee in a public meeting the school corporation's budgeting and
compensation levels in relation to the items listed in subsection (h).
(j) After the fiscal and qualitative indicators committee receives the
school corporation's explanation under this section, the fiscal and
qualitative indicators committee may issue an official recommendation
to the school corporation to perform a review and improve its
budgeting procedures in consultation with any state agencies the fiscal
and qualitative indicators committee considers appropriate. The state
agencies specified by the fiscal and qualitative indicators committee
shall assist the school corporation before and during its next collective
bargaining period with the goal of meeting or making progress toward
the education fund transfer target percentage. If the fiscal and
qualitative indicators committee issues an official recommendation to
a school corporation, the school corporation's governing body shall
officially acknowledge receipt of the recommendation at its next public
meeting and enter into the school corporation governing body's minutes
for that meeting acknowledgment of receipt of the recommendation. In
addition, the school corporation shall publish the official
recommendation on the school corporation's Internet web site. website.
(k) The school corporation shall publish the most recent notices
from the department, relevant individual reports prepared by the
department, explanatory documentation by the school corporation, and
official recommendations by the fiscal and qualitative indicators
committee on the school corporation's Internet web site.
(l) The school corporation may remove the notice, its explanatory
documentation, and the fiscal and qualitative indicators committee's
official recommendation from its Internet web site website if the
department determines that the school corporation met its education
fund transfer target percentage and is no longer on the excessive
education fund transfer list.
SECTION 34. IC 33-37-9-4, AS AMENDED BY P.L.55-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) The treasurer of state shall distribute
semiannually one million two hundred eighty-eight thousand dollars
HEA 1492 — Concur 38
($1,288,000) of the amounts transferred to the state fund under section
3 of this chapter as follows:
(1) Fourteen and ninety-eight hundredths percent (14.98%) shall
be deposited into the alcohol and drug countermeasures fund
established by IC 9-27-2-11.
(2) Eight and forty-two hundredths percent (8.42%) shall be
deposited into the drug interdiction fund established by
IC 10-11-7-1.
(3) Four and sixty-eight hundredths percent (4.68%) shall be
deposited into the substance abuse prosecution fund established
by IC 33-39-8-6.
(4) Five and sixty-two hundredths percent (5.62%) shall be
deposited into the corrections drug abuse fund established by
IC 11-8-2-11.
(5) Twenty-two and forty-seven hundredths percent (22.47%)
shall be deposited into the state drug free communities fund
established by IC 5-2-10-2.
(6) Seven and ninety-eight hundredths percent (7.98%) shall be
distributed to the Indiana department of transportation for use
under IC 8-23-2-15.
(7) Twenty and thirty-two hundredths percent (20.32%) shall be
deposited in the family violence and victim assistance fund
established by IC 5-2-6.8-3.
(8) Fifteen and fifty-three hundredths percent (15.53%) shall be
deposited in the Indiana safe schools fund established by
IC 5-2-10.1. Indiana secured school fund established by
IC 10-21-1-2.
(b) The treasurer of state shall distribute semiannually the amount
remaining after the distributions are made under subsection (a) to the
court technology fund established by IC 33-24-6-12.
HEA 1492 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: 	Time: 
HEA 1492 — Concur