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