Indiana 2023 Regular Session

Indiana House Bill HB1586 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                             
Introduced Version
HOUSE BILL No. 1586
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-2-10.1-2; IC 10-21-1; IC 20-40-20-6.
Synopsis:  School safety. Makes changes to the authorized uses of the:
(1) Indiana safe schools fund; (2) Indiana secured school fund; and (3)
school safety referendum tax levy fund.
Effective:  July 1, 2023.
Manning
January 19, 2023, read first time and referred to Committee on Ways and Means.
2023	IN 1586—LS 6639/DI 116 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1586
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-10.1-2, AS AMENDED BY P.L.211-2019,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 2. (a) The Indiana safe schools fund is established
4 to do the following:
5 (1) Promote school safety through the:
6 (A) use of dogs trained to detect drugs and illegal substances,
7 explosives or guns, or otherwise provide protection of
8 students and school employees; and
9 (B) purchase of other equipment and materials used to
10 enhance the safety of schools.
11 (2) Provide grants to employ or train a school resource officer
12 who meets the training requirements described in
13 IC 20-26-18.2-1 and is also trained in handling a dog used in
14 aiding in:
15 (A) the detection of criminal activity;
16 (B) the enforcement of laws; and
17 (C) the apprehension of offenders.
2023	IN 1586—LS 6639/DI 116 2
1 (2) (3) Combat truancy.
2 (3) (4) Provide matching grants to schools for school safe haven
3 programs.
4 (4) (5) Provide grants for school safety and safety plans. However,
5 except as provided in subdivision (2) a grant from the fund may
6 not be used to employ a school resource officer (as defined in
7 IC 20-26-18.2-1) or a law enforcement officer (as defined in
8 IC 35-31.5-2-185).
9 (5) (6) Provide educational outreach and training to school
10 personnel concerning:
11 (A) the identification of;
12 (B) the prevention of; and
13 (C) intervention in;
14 bullying.
15 (6) (7) Provide educational outreach to school personnel and
16 training to school safety specialists and school resource officers
17 concerning:
18 (A) the identification of;
19 (B) the prevention of; and
20 (C) intervention in;
21 criminal organization activities.
22 (7) (8) Provide grants for school wide programs to improve school
23 climate and professional development and training for school
24 personnel concerning:
25 (A) alternatives to suspension and expulsion; and
26 (B) evidence based practices that contribute to a positive
27 school environment, including classroom management skills,
28 positive behavioral intervention and support, restorative
29 practices, and social emotional learning.
30 (b) The fund consists of amounts deposited:
31 (1) under IC 33-37-9-4; and
32 (2) from any other public or private source.
33 (c) The institute shall determine grant recipients from the fund with
34 a priority on awarding grants in the following order:
35 (1) A grant for a safety plan.
36 (2) A safe haven grant requested under section 10 of this chapter.
37 (3) A safe haven grant requested under section 7 of this chapter.
38 (d) Except as provided in subsection (e), upon recommendation of
39 the council, the institute shall establish a method for determining the
40 maximum amount a grant recipient may receive under this section.
41 (e) A school corporation selected to participate in the school
42 intergenerational safety pilot project by the department under
2023	IN 1586—LS 6639/DI 116 3
1 IC 20-20-46-5 is eligible to receive a grant from the fund in an amount
2 described in IC 20-20-46-4 in addition to a grant requested by the
3 school corporation under section 6 of this chapter.
4 SECTION 2. IC 10-21-1-2, AS AMENDED BY P.L.139-2022,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 2. (a) The Indiana secured school fund is
7 established to provide:
8 (1) matching grants to enable school corporations, charter
9 schools, and accredited nonpublic schools to establish programs
10 under which a school corporation, charter school, or accredited
11 nonpublic school (or a coalition of schools) may:
12 (A) employ a school resource officer, employ a law
13 enforcement officer, or enter into a contract or a memorandum
14 of understanding with a:
15 (i) local law enforcement agency;
16 (ii) private entity; or
17 (iii) nonprofit corporation;
18 to employ a school resource officer or a law enforcement
19 officer, including a school resource officer trained in
20 handling a dog used in aiding in the detection of criminal
21 activity, the enforcement of laws, and the apprehension of
22 offenders;
23 (B) purchase or provide training for a dog trained to detect
24 drugs and illegal substances, explosives or guns, or
25 otherwise provide protection of students and school
26 employees;
27 (B) (C) conduct a threat assessment of the buildings within a
28 school corporation or the buildings that are operated by a
29 charter school or accredited nonpublic school;
30 (C) (D) purchase equipment and technology to:
31 (i) restrict access to school property; or
32 (ii) expedite notification of first responders; or
33 (D) (E) implement a student and parent support services plan
34 as described in section 4(a)(6) of this chapter; and
35 (2) one (1) time grants to enable school corporations, charter
36 schools, and accredited nonpublic schools with the sheriff for the
37 county in which the school corporation, charter school, or
38 accredited nonpublic school is located, to provide the initial set up
39 costs for an active event warning system.
40 (b) A school corporation or charter school may use money received
41 under a matching grant for a purpose listed in subsection (a) to provide
42 a response to a threat in a manner that the school corporation or charter
2023	IN 1586—LS 6639/DI 116 4
1 school sees fit, including firearms training or other self-defense
2 training.
3 (c) The fund shall be administered by the department of homeland
4 security.
5 (d) The fund consists of:
6 (1) appropriations from the general assembly;
7 (2) grants from the Indiana safe schools fund established by
8 IC 5-2-10.1-2;
9 (3) federal grants; and
10 (4) amounts deposited from any other public or private source.
11 (e) The expenses of administering the fund shall be paid from
12 money in the fund.
13 (f) The treasurer of state shall invest the money in the fund not
14 currently needed to meet the obligations of the fund in the same
15 manner as other public money may be invested. Interest that accrues
16 from these investments shall be deposited in the fund.
17 (g) Money in the fund at the end of a state fiscal year does not revert
18 to the state general fund.
19 SECTION 3. IC 10-21-1-4, AS AMENDED BY P.L.139-2022,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2023]: Sec. 4. (a) The board may award a matching grant to
22 enable a school corporation, charter school, or accredited nonpublic
23 school (or a coalition of schools applying jointly) to:
24 (1) establish a program to employ a school resource officer;
25 (2) employ a law enforcement officer;
26 (3) provide school resource officer training described in
27 IC 20-26-18.2-1(c);
28 (4) conduct a threat assessment;
29 (5) purchase equipment to restrict access to the school or expedite
30 the notification of first responders; or
31 (6) implement a student and parent support services plan in the
32 manner set forth in IC 20-34-9; or
33 (7) purchase or provide training for a dog trained to detect
34 drugs and illegal substances, explosives and guns, or
35 otherwise provide protection of students and school
36 employees;
37 in accordance with section 2(a) of this chapter.
38 (b) A matching grant awarded to a school corporation, charter
39 school, or accredited nonpublic school (or a coalition of schools
40 applying jointly) may not exceed the lesser of the following during a
41 two (2) year period beginning on or after May 1, 2013:
42 (1) The total cost of the program established by the school
2023	IN 1586—LS 6639/DI 116 5
1 corporation, charter school, or accredited nonpublic school (or the
2 coalition of schools applying jointly).
3 (2) Except as provided in subsection (d), the following amounts:
4 (A) Thirty-five thousand dollars ($35,000) per year, in the case
5 of a school corporation, charter school, or accredited
6 nonpublic school that:
7 (i) has an ADM of at least one (1) and less than one
8 thousand one (1,001) students; and
9 (ii) is not applying jointly with any other school corporation,
10 charter school, or accredited nonpublic school.
11 (B) Fifty thousand dollars ($50,000) per year, in the case of a
12 school corporation, charter school, or accredited nonpublic
13 school that:
14 (i) has an ADM of more than one thousand (1,000) and less
15 than five thousand one (5,001) students; and
16 (ii) is not applying jointly with any other school corporation,
17 charter school, or accredited nonpublic school.
18 (C) Seventy-five thousand dollars ($75,000) per year, in the
19 case of a school corporation, charter school, or accredited
20 nonpublic school that:
21 (i) has an ADM of more than five thousand (5,000) and less
22 than fifteen thousand one (15,001) students; and
23 (ii) is not applying jointly with any other school corporation,
24 charter school, or accredited nonpublic school.
25 (D) One hundred thousand dollars ($100,000) per year, in the
26 case of a school corporation, charter school, or accredited
27 nonpublic school that:
28 (i) has an ADM of more than fifteen thousand (15,000); and
29 (ii) is not applying jointly with any other school corporation,
30 charter school, or accredited nonpublic school.
31 (E) One hundred thousand dollars ($100,000) per year, in the
32 case of a coalition of schools applying jointly.
33 (c) Except as provided in subsection (d), the match requirement for
34 a grant under this chapter is based on the ADM, as follows:
35 (1) For a school corporation, charter school, or accredited
36 nonpublic school with an ADM of less than five hundred one
37 (501) students, the grant match must be twenty-five percent
38 (25%) of the grant amount described in subsection (b).
39 (2) For a school corporation, charter school, or accredited
40 nonpublic school with an ADM of more than five hundred (500)
41 and less than one thousand one (1,001) students, the grant match
42 must be fifty percent (50%) of the grant amount described in
2023	IN 1586—LS 6639/DI 116 6
1 subsection (b).
2 (3) For a school corporation, charter school, or accredited
3 nonpublic school with an ADM of more than one thousand
4 (1,000) students or a coalition of schools applying jointly, the
5 grant match must be one hundred percent (100%) of the grant
6 amount described in subsection (b).
7 (d) A school corporation, charter school, or accredited nonpublic
8 school may be eligible to receive a grant of up to:
9 (1) one hundred thousand dollars ($100,000) if:
10 (A) the school corporation, charter school, or accredited
11 nonpublic school receives a grant match of one hundred
12 percent (100%) of the requested grant amount; and
13 (B) the board approves the grant request; or
14 (2) for a school corporation, charter school, or accredited
15 nonpublic school described subsection (c)(1) or (c)(2), a grant of
16 up to fifty thousand dollars ($50,000) if:
17 (A) the school corporation, charter school, or accredited
18 nonpublic school receives a grant match of fifty percent (50%)
19 of the requested grant amount; and
20 (B) the board approves the grant request.
21 (e) A school corporation, charter school, or accredited nonpublic
22 school may receive only one (1) matching grant under this section each
23 year.
24 (f) The board may not award a grant to a school corporation, charter
25 school, or accredited nonpublic school under this section unless the
26 school corporation, charter school, or accredited nonpublic school is in
27 a county that has a county school safety commission, as described in
28 IC 5-2-10.1-10.
29 SECTION 4. IC 20-40-20-6, AS AMENDED BY P.L.154-2020,
30 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2023]: Sec. 6. (a) Subject to subsections (c) and (d), money in
32 the fund may be used only for the following purposes:
33 (1) To employ or compensate a school resource officer or school
34 resource officers, including a school resource officer trained in
35 handling a dog used in aiding in:
36 (A) the detection of criminal activity;
37 (B) the enforcement of laws; and
38 (C) the apprehension of offenders.
39 (2) To establish or fund a school safety office.
40 (3) To conduct a threat assessment of a school building.
41 (4) To create or update a school safety plan.
42 (5) To develop or update school emergency response systems.
2023	IN 1586—LS 6639/DI 116 7
1 (6) To purchase equipment to improve the safety of a school
2 building, school grounds, or school buses.
3 (7) To pay capital expenses to improve the safety of a school
4 building.
5 (8) To establish and administer programs to address youth
6 specific mental illness, addiction, anger management, bullying,
7 and school violence.
8 (9) To develop and administer professional development
9 programs for teachers, administrators, and other school employees
10 designed to improve school safety and reduce violence.
11 (10) To purchase or provide training for a dog trained to
12 detect drugs and illegal substances, explosives and guns, or
13 otherwise provide protection of students and school
14 employees.
15 (b) A school corporation may distribute, with the approval of the
16 majority of members of the governing body, a portion of the proceeds
17 of a tax levy collected under IC 20-46-9 that is deposited in the fund to
18 a charter school, excluding a virtual charter school, that is located
19 within the attendance area of the school corporation, to be used by the
20 charter school for the purposes described in subsection (a).
21 (c) Expenditures paid using money collected from the levy shall be
22 included in a school's safety plan.
23 (d) Local law enforcement shall participate in:
24 (1) development of a school safety plan;
25 (2) development or updates to school emergency response
26 systems; and
27 (3) determination of capital expenses that would improve the
28 safety of a school building.
29 (e) Money in the fund may be transferred to the school corporation's
30 education fund (IC 20-40-2), operations fund (IC 20-40-18), or school
31 safety referendum debt service fund (IC 20-40-21), as applicable, to
32 pay for expenditures listed in subsection (a).
2023	IN 1586—LS 6639/DI 116