IN
Indiana House Bill HB1591

Indiana 2023 Regular Session

Indiana House Bill HB1591 Compare Versions

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1+*EH1591.3*
2+Reprinted
3+April 18, 2023
4+ENGROSSED
5+HOUSE BILL No. 1591
6+_____
7+DIGEST OF HB 1591 (Updated April 17, 2023 5:41 pm - DI 110)
8+Citations Affected: IC 5-15; IC 12-7; IC 12-17.2; IC 20-18; IC 20-19;
9+IC 20-25.7; IC 20-26; IC 20-28; IC 20-31; IC 20-35; IC 21-13.
10+Synopsis: Education matters. Requires the Indiana archives and
11+records administration to: (1) establish procedures to retain an original
12+record, document, plat, paper, or instrument-in-writing in an electronic
13+format; (2) establish a period of time after which an original record,
14+document, plat, paper, or instrument-in-writing may be destroyed; and
15+(3) prepare and submit, not later than November 1, 2023, a report to the
16+general assembly regarding these matters. Amends the duties of the
17+early learning advisory committee. Changes the prekindergarten pilot
18+program to the prekindergarten program and removes the expiration
19+date. Provides that, at least once every five years, the office, in
20+cooperation with the department of education (department), must carry
21+(Continued next page)
22+Effective: July 1, 2023.
23+Behning, Clere
24+(SENATE SPONSORS — ROGERS, RAATZ, WALKER K, FORD J.D.)
25+January 19, 2023, read first time and referred to Committee on Education.
26+February 20, 2023, amended, reported — Do Pass.
27+February 22, 2023, read second time, ordered engrossed. Engrossed.
28+February 23, 2023, read third time, passed. Yeas 94, nays 0.
29+SENATE ACTION
30+March 6, 2023, read first time and referred to Committee on Education and Career
31+Development.
32+March 23, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
33+Appropriations.
34+April 13, 2023, amended, reported favorably — Do Pass.
35+April 17, 2023, read second time, amended, ordered engrossed.
36+EH 1591—LS 7239/DI 143 Digest Continued
37+out a longitudinal study regarding students who participate in the
38+prekindergarten program. Amends requirements regarding
39+cardiopulmonary resuscitation (CPR) for child care centers, child care
40+homes, and child care ministries. Requires: (1) each public school to
41+provide information to the department concerning certain physical
42+injuries to employees; and (2) the department to report the information
43+on the department's website. Amends innovation network school and
44+participating innovation network charter school provisions regarding:
45+(1) certain agreement requirements and limitations; (2) appeals to the
46+state board of education regarding the failure to follow an agreement
47+renewal process; and (3) negotiating the requirement of specific
48+services. Allows an innovation network team or organizer to enter into
49+an agreement with a school corporation to transfer the ownership of a
50+school corporation facility to the team or organizer and provides that
51+a transfer is not subject to provisions in the law concerning the transfer
52+of vacant school buildings to charter schools. Provides that a school
53+corporation may not require an innovation network team or an
54+organizer to contract for specific goods or services provided by the
55+school corporation or any other entity. Requires information regarding
56+certain possible criminal activity, concluded personnel matter
57+investigations, and matters involving legal expenses be provided to the
58+governing body of a school corporation. Provides that at-risk students
59+who are receiving certain educational services are not included in a
60+public school's four year graduation rate and are included in an eligible
61+school's graduation rate under certain conditions. Amends the
62+definition of "teacher" regarding certain teacher compensation
63+provisions and requires a school corporation to expend at least 62% of
64+the school corporation's tuition support on teacher compensation.
65+(Current law requires a school corporation to expend at least 45%.)
66+Requires special education grade 8 through 12 case conference
67+committees to discuss decision making skills and alternatives to
68+appointing a guardian. Provides that money in the science, technology,
69+engineering, and mathematics (STEM) teacher recruitment fund (fund)
70+may be used to provide grants to Indiana organizations that recruit
71+STEM teachers for employment by Indiana school corporations or
72+charter schools. (Current law provides that money in the fund may be
73+used to provide grants to Indiana organizations that recruit STEM
74+teachers for employment by Indiana school corporations.) Provides
75+that, at a case conference committee meeting regarding a transition
76+individualized education program, a public school shall provide to a
77+parent and student written information concerning community
78+intellectual disability and other developmental disabilities centers that
79+are located or provide services in the county in which the student
80+resides.
81+EH 1591—LS 7239/DI 143EH 1591—LS 7239/DI 143 Reprinted
82+April 18, 2023
183 First Regular Session of the 123rd General Assembly (2023)
284 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
385 Constitution) is being amended, the text of the existing provision will appear in this style type,
486 additions will appear in this style type, and deletions will appear in this style type.
587 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
688 provision adopted), the text of the new provision will appear in this style type. Also, the
789 word NEW will appear in that style type in the introductory clause of each SECTION that adds
890 a new provision to the Indiana Code or the Indiana Constitution.
991 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1092 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1591
12-AN ACT to amend the Indiana Code concerning education.
93+ENGROSSED
94+HOUSE BILL No. 1591
95+A BILL FOR AN ACT to amend the Indiana Code concerning
96+education.
1397 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-15-1-2 IS ADDED TO THE INDIANA CODE
15-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2023]: Sec. 2. (a) For purposes of this section, "administration"
17-refers to the Indiana archives and records administration created
18-by IC 5-15-5.1.
19-(b) The administration shall do the following:
20-(1) Establish procedures to retain an original record,
21-document, plat, paper, or instrument-in-writing described in
22-section 1 of this chapter in an electronic format.
23-(2) After the administration has established a procedure
24-described in subdivision (1), establish a period of time after
25-which an original record, document, plat, paper, or
26-instrument-in-writing may be destroyed.
27-(3) Not later than November 1, 2023, prepare and submit a
28-report to the general assembly in an electronic format under
29-IC 5-14-6 regarding the:
30-(A) procedure established under subdivision (1); and
31-(B) period of time established under subdivision (2).
32-This subdivision expires July 1, 2024.
98+1 SECTION 1. IC 5-15-1-2 IS ADDED TO THE INDIANA CODE
99+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
100+3 1, 2023]: Sec. 2. (a) For purposes of this section, "administration"
101+4 refers to the Indiana archives and records administration created
102+5 by IC 5-15-5.1.
103+6 (b) The administration shall do the following:
104+7 (1) Establish procedures to retain an original record,
105+8 document, plat, paper, or instrument-in-writing described in
106+9 section 1 of this chapter in an electronic format.
107+10 (2) After the administration has established a procedure
108+11 described in subdivision (1), establish a period of time after
109+12 which an original record, document, plat, paper, or
110+13 instrument-in-writing may be destroyed.
111+14 (3) Not later than November 1, 2023, prepare and submit a
112+15 report to the general assembly in an electronic format under
113+EH 1591—LS 7239/DI 143 2
114+1 IC 5-14-6 regarding the:
115+2 (A) procedure established under subdivision (1); and
116+3 (B) period of time established under subdivision (2).
117+4 This subdivision expires July 1, 2024.
118+5 SECTION 2. IC 12-7-2-91, AS AMENDED BY P.L.184-2017,
119+6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120+7 JULY 1, 2023]: Sec. 91. "Fund" means the following:
121+8 (1) For purposes of IC 12-12-1-9, the fund described in
122+9 IC 12-12-1-9.
123+10 (2) For purposes of IC 12-15-20, the meaning set forth in
124+11 IC 12-15-20-1.
125+12 (3) For purposes of IC 12-17-12, the meaning set forth in
126+13 IC 12-17-12-4.
127+14 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
128+15 IC 12-17.2-7.2-4.7.
129+16 (4) (5) For purposes of IC 12-17.6, the meaning set forth in
130+17 IC 12-17.6-1-3.
131+18 (5) (6) For purposes of IC 12-23-2, the meaning set forth in
132+19 IC 12-23-2-1.
133+20 (6) (7) For purposes of IC 12-23-18, the meaning set forth in
134+21 IC 12-23-18-4.
135+22 (7) (8) For purposes of IC 12-24-6, the meaning set forth in
136+23 IC 12-24-6-1.
137+24 (8) (9) For purposes of IC 12-24-14, the meaning set forth in
138+25 IC 12-24-14-1.
139+26 (9) (10) For purposes of IC 12-30-7, the meaning set forth in
140+27 IC 12-30-7-3.
141+28 SECTION 3. IC 12-7-2-139.3 IS REPEALED [EFFECTIVE JULY
142+29 1, 2023]. Sec. 139.3. "Pilot fund", for purposes of IC 12-17.2-7.2, has
143+30 the meaning set forth in IC 12-17.2-7.2-4.7.
144+31 SECTION 4. IC 12-17.2-3.8-5, AS AMENDED BY P.L.139-2022,
145+32 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146+33 JULY 1, 2023]: Sec. 5. (a) The early learning advisory committee is
147+34 established to do the following:
148+35 (1) Establish child developmental and educational goals for
149+36 Indiana's early learning system, including the development of
150+37 standards and objectives for early education programs that receive
151+38 state or federal funds.
152+39 (2) Design and maintain an approach to measuring progress
153+40 toward the goals established under subdivision (1) that include
154+41 objective measures of academic quality.
155+42 (3) Assess the attainment of the goals established under
156+EH 1591—LS 7239/DI 143 3
157+1 subdivision (1) and evaluate the efficacy of state and federal
158+2 spending on Indiana's early learning system.
159+3 (4) Assess whether the requirements for early education program
160+4 licensure:
161+5 (A) create an equitable standard for health and safety across all
162+6 early education program types;
163+7 (B) reinforce the goals established under subdivision (1); and
164+8 (C) support the sustainability of Indiana's early learning
165+9 system.
166+10 (5) Conduct periodic statewide needs assessments concerning the
167+11 quality and availability of early education programs for children
168+12 from birth to the age of school entry, including the availability of
169+13 high quality prekindergarten education for low income children
170+14 in Indiana.
171+15 (6) Identify opportunities for, and barriers to, collaboration and
172+16 coordination among federally and state funded child development,
173+17 child care, and early childhood education programs and services,
174+18 including governmental agencies that administer the programs
175+19 and services.
176+20 (7) Design early education workforce strategies, including
177+21 recommendations on how to advance professional development.
178+22 (8) Assess the capacity and effectiveness of pathways to support
179+23 training and recruitment of early educators.
180+24 (9) Not later than November 30 of each year, develop and make
181+25 recommendations to the governor and, in an electronic format
182+26 under IC 5-14-6, to the legislative council concerning the results
183+27 of the committee's work under subdivisions (1) through (8).
184+28 (10) Not later than July 1, 2024, commission a third party
185+29 evaluation to assess existing regulations for child care
186+30 providers and provide recommendations to:
187+31 (A) maintain health and safety standards;
188+32 (B) streamline administrative burdens, program
189+33 standards, and reporting requirements for child care
190+34 providers;
191+35 (C) provide flexibility for a child care provider with a
192+36 Level 3 or Level 4 paths to QUALITY program rating to
193+37 expand to other locations; and
194+38 (D) assist accredited kindergarten through grade 12
195+39 institutions in establishing and providing high quality
196+40 onsite child care and early learning programs.
197+41 This subdivision expires January 1, 2025.
198+42 (11) Not later than December 31, 2023, develop
199+EH 1591—LS 7239/DI 143 4
200+1 recommendations for implementing a revised paths to
201+2 QUALITY program that:
202+3 (A) maintains health and safety standards;
203+4 (B) integrates objective measures of kindergarten
204+5 readiness;
205+6 (C) contemplates accredited kindergarten through grade
206+7 12 institutions as onsite providers; and
207+8 (D) incentivizes child care providers to increase wages for
208+9 child care workers who complete education and training
209+10 that result in a postsecondary degree or industry
210+11 recognized credential.
211+12 This subdivision expires July 1, 2024.
212+13 (b) The committee consists of the following thirteen (13) members:
213+14 (1) The secretary of education or the secretary's designee.
214+15 (2) The secretary of family and social services or the secretary's
215+16 designee.
216+17 (3) Seven (7) members appointed by the governor as follows:
217+18 (A) A representative of an organization with an interest in
218+19 training the early childhood education workforce.
219+20 (B) A representative of a Head Start program under 42 U.S.C.
220+21 9831 et seq.
221+22 (C) A member of the general public who has an interest in
222+23 early childhood education.
223+24 (D) A representative of an early childhood education provider.
224+25 (E) A representative from a school corporation who has an
225+26 interest in strengthening the transition from early childhood
226+27 education to elementary education.
227+28 (F) A representative of business with an interest in early
228+29 childhood education.
229+30 (G) A representative of the nonprofit or philanthropic
230+31 community with an interest in early childhood education.
231+32 (4) One (1) member who:
232+33 (A) is appointed by the speaker of the house of representatives;
233+34 (B) is not a member of the general assembly; and
234+35 (C) shall serve as a nonvoting member.
235+36 (5) One (1) member who:
236+37 (A) is appointed by the president pro tempore of the senate;
237+38 (B) is not a member of the general assembly; and
238+39 (C) shall serve as a nonvoting member.
239+40 (6) One (1) member who:
240+41 (A) is appointed by the minority leader of the house of
241+42 representatives;
242+EH 1591—LS 7239/DI 143 5
243+1 (B) is not a member of the general assembly; and
244+2 (C) shall serve as a nonvoting member.
245+3 (7) One (1) member who:
246+4 (A) is appointed by the minority leader of the senate;
247+5 (B) is not a member of the general assembly; and
248+6 (C) shall serve as a nonvoting member.
249+7 (c) Subject to section 5.1 of this chapter, members appointed under
250+8 subsection (b)(3) through (b)(7) serve for three (3) year terms. The
251+9 members of the committee serve at the pleasure of the appointing
252+10 authority.
253+11 (d) The governor shall appoint a member of the committee to serve
254+12 as chairperson of the committee. The committee shall meet at least six
255+13 (6) times each calendar year at the call of the chairperson.
256+14 (e) The division shall, in consultation with the department of
257+15 education, staff the committee.
258+16 (f) The expenses of the committee shall be paid from the funds of
259+17 the division.
260+18 (g) Each member of the committee who is not a state employee is
261+19 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
262+20 The member is also entitled to reimbursement for traveling expenses
263+21 as provided under IC 4-13-1-4 and other expenses actually incurred in
264+22 connection with the member's duties as provided in the state policies
265+23 and procedures established by the Indiana department of administration
266+24 and approved by the budget agency.
267+25 (h) Each member of the committee who is a state employee but who
268+26 is not a member of the general assembly is entitled to reimbursement
269+27 for traveling expenses as provided under IC 4-13-1-4 and other
270+28 expenses actually incurred in connection with the member's duties as
271+29 provided in the state policies and procedures established by the Indiana
272+30 department of administration and approved by the budget agency.
273+31 (i) Each member of the committee who is a member of the general
274+32 assembly is entitled to receive the same per diem, mileage, and travel
275+33 allowances paid to legislative members of interim study committees
276+34 established by the legislative council. Per diem, mileage, and travel
277+35 allowances paid under this section shall be paid from appropriations
278+36 made to the legislative council or the legislative services agency.
279+37 (j) The affirmative votes of a majority of the voting members
280+38 appointed to the committee are required for the committee to take
281+39 action on any measure, including final reports.
282+40 SECTION 5. IC 12-17.2-4-2, AS AMENDED BY P.L.128-2012,
283+41 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284+42 JULY 1, 2023]: Sec. 2. (a) A license may be issued only if a child care
285+EH 1591—LS 7239/DI 143 6
286+1 center is in compliance with food, health, safety, and sanitation
287+2 standards as determined by the division under rules adopted by the
288+3 division under IC 12-17.2-2-4 or in accordance with a variance or
289+4 waiver approved by the division under IC 12-17.2-2-10.
290+5 (b) A license may be issued only if the child care center is in
291+6 substantial compliance with the fire and life safety rules as determined
292+7 by the state fire marshal under rules adopted by the division under
293+8 IC 12-17.2-2-4 or in accordance with a variance or waiver approved by
294+9 the division under IC 12-17.2-2-10.
295+10 (c) The division may issue a waiver or variance regarding a
296+11 determination by the division or the state fire marshal under
297+12 subsections (a) and (b).
298+13 (d) At least one (1) adult individual who maintains annual current
299+14 certification in a course of cardiopulmonary resuscitation applicable to
300+15 all age groups of children cared for by the child care center shall be
301+16 present at all times when a child is in the care of a child care center.
302+17 Certifications accepted under this subsection must include a live
303+18 return demonstration of skills.
304+19 (e) An individual who:
305+20 (1) is employed; or
306+21 (2) volunteers;
307+22 as a caregiver at a child care center shall maintain current certification
308+23 in first aid applicable to all age groups of children cared for by the
309+24 child care center.
310+25 SECTION 6. IC 12-17.2-5-18.2 IS AMENDED TO READ AS
311+26 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18.2. (a) At least one
312+27 (1) adult individual who maintains annual current certification in a
313+28 course of cardiopulmonary resuscitation applicable to all age groups of
314+29 children cared for by the child care home shall be present at all times
315+30 when a child is in the care of a child care home. Certifications
316+31 accepted under this subsection must include a live return
317+32 demonstration of skills.
318+33 (b) An individual who:
319+34 (1) is employed; or
320+35 (2) volunteers;
321+36 as a caregiver at a child care home shall maintain current certification
322+37 in first aid applicable to all age groups of children cared for by the
323+38 child care home.
324+39 SECTION 7. IC 12-17.2-6-7.5, AS ADDED BY P.L.9-2020,
325+40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
326+41 JULY 1, 2023]: Sec. 7.5. (a) At least one (1) adult individual who
327+42 maintains annual current certification in a course of cardiopulmonary
328+EH 1591—LS 7239/DI 143 7
329+1 resuscitation applicable to all age groups of children cared for by the
330+2 child care ministry shall be present at all times when a child is in the
331+3 care of a child care ministry. Certifications accepted under this
332+4 subsection must include a live return demonstration of skills.
333+5 (b) An individual who:
334+6 (1) is employed; or
335+7 (2) volunteers;
336+8 as a caregiver at a child care ministry shall maintain current
337+9 certification in first aid applicable to all age groups of children cared
338+10 for by the child care ministry.
339+11 SECTION 8. IC 12-17.2-7.2-2.5, AS ADDED BY P.L.268-2019,
340+12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
341+13 JULY 1, 2023]: Sec. 2.5. As used in this chapter, "limited eligibility
342+14 child" refers to an individual who:
343+15 (1) is at least four (4) years of age and less than five (5) years of
344+16 age on August 1 of the state fiscal year for which a grant is sought
345+17 under the prekindergarten pilot program;
346+18 (2) is a resident of Indiana or otherwise has legal settlement in
347+19 Indiana, as determined under IC 20-26-11;
348+20 (3) receives qualified early education services from an eligible
349+21 provider, as determined by the office;
350+22 (4) has a parent or guardian who agrees to ensure that the child
351+23 meets the attendance requirements determined by the office;
352+24 (5) has a parent or guardian who participates in a parental
353+25 engagement and involvement component provided by the eligible
354+26 provider;
355+27 (6) is a member of a household with an annual income that does
356+28 not exceed one hundred eighty-five percent (185%) of the federal
357+29 poverty level;
358+30 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
359+31 chapter; and
360+32 (8) is not an eligible child.
361+33 SECTION 9. IC 12-17.2-7.2-4.7, AS ADDED BY P.L.184-2017,
362+34 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363+35 JULY 1, 2023]: Sec. 4.7. As used in this chapter, "pilot "fund" refers
364+36 to the prekindergarten pilot program fund established by section 13.5
365+37 of this chapter.
366+38 SECTION 10. IC 12-17.2-7.2-5, AS AMENDED BY P.L.184-2017,
367+39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
368+40 JULY 1, 2023]: Sec. 5. As used in this chapter, "prekindergarten pilot
369+41 program" refers to the prekindergarten pilot program established under
370+42 section 7 of this chapter.
371+EH 1591—LS 7239/DI 143 8
372+1 SECTION 11. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019,
373+2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
374+3 JULY 1, 2023]: Sec. 7. (a) The office may establish a prekindergarten
375+4 pilot program is established to provide grants for:
376+5 (1) qualified early education services in a manner consistent with
377+6 how funds are distributed under the Child Care and Development
378+7 Fund (CCDF) grant program; and
379+8 (2) expansion plans as described in section 7.4(a)(2) of this
380+9 chapter.
381+10 (b) The office shall administer the prekindergarten pilot program.
382+11 The prekindergarten pilot program may include:
383+12 (1) eligible providers in Indiana; and
384+13 (2) potential eligible providers or existing eligible providers as
385+14 described in section 7.4 of this chapter.
386+15 (c) Before July 1, 2017, the prekindergarten pilot program includes
387+16 eligible providers in the following pilot counties:
388+17 (1) Allen.
389+18 (2) Jackson.
390+19 (3) Lake.
391+20 (4) Marion.
392+21 (5) Vanderburgh.
393+22 The total number of grants the office awards to eligible children in a
394+23 county listed in this subsection during a state fiscal year may not be
395+24 less than the total number of grants the office awarded to eligible
396+25 children in that county during the immediately preceding state fiscal
397+26 year unless the office determines that there is an insufficient number of
398+27 eligible children or eligible providers in the county to justify the total
399+28 number of grants for that county. Beginning July 1, 2020, the total
400+29 number of grants during the immediately preceding state fiscal year
401+30 shall include the number of grants issued under a preschool program
402+31 established in March 2015 that operates in a consolidated city.
403+32 (d) After June 30, 2017, and before July 1, 2019, in addition to the
404+33 counties listed under subsection (c), the prekindergarten pilot program
405+34 includes eligible providers in fifteen (15) additional counties. In
406+35 determining which counties are designated as pilot counties under this
407+36 subsection, the office shall give preference to counties that are
408+37 primarily rural. The total number of grants the office awards to eligible
409+38 children in a county designated under this subsection during a state
410+39 fiscal year may not be less than the total number of grants the office
411+40 awarded to eligible children in that county during the immediately
412+41 preceding state fiscal year unless the office determines that there is an
413+42 insufficient number of eligible children or eligible providers in the
414+EH 1591—LS 7239/DI 143 9
415+1 county to justify the total number of grants for that county.
416+2 (e) In addition to the counties listed in subsection (c) and counties
417+3 designated under subsection (d), (d) The prekindergarten pilot program
418+4 includes eligible providers in any county in Indiana.
419+5 (f) (e) Subject to the requirements of this chapter, the office shall
420+6 determine:
421+7 (1) the eligibility requirements, application process, and selection
422+8 process for awarding grants under the prekindergarten pilot
423+9 program;
424+10 (2) the administration and reporting requirements for:
425+11 (A) eligible providers; and
426+12 (B) potential eligible providers or existing eligible providers;
427+13 participating in the prekindergarten pilot program; and
428+14 (3) with the assistance of the early learning advisory committee,
429+15 an appropriate outcomes based accountability system for:
430+16 (A) eligible providers; and
431+17 (B) potential eligible providers or existing eligible providers.
432+18 (g) Before implementing the prekindergarten pilot program, the
433+19 office shall submit the provisions of the prekindergarten pilot program
434+20 to the state board of education for the state board of education's review
435+21 and comment.
436+22 (h) (f) The office shall, subject to the availability of funding,
437+23 determine the number of eligible children who will participate in the
438+24 prekindergarten pilot program. After December 31, 2019, the office
439+25 shall, subject to the availability of funding, determine the number of
440+26 limited eligibility children who will participate in the prekindergarten
441+27 pilot program.
442+28 SECTION 12. IC 12-17.2-7.2-7.3, AS AMENDED BY
443+29 P.L.268-2019, SECTION 10, IS AMENDED TO READ AS
444+30 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.3. The office shall
445+31 require, for an eligible provider to enroll in the prekindergarten pilot
446+32 program, that the eligible provider agree to the following:
447+33 (1) Comply on a continuing basis with the requirements under this
448+34 chapter and rules for participation established by the office.
449+35 (2) Maintain eligibility under this chapter throughout the
450+36 prekindergarten program year.
451+37 (3) Report immediately any changes in eligibility status to the
452+38 office, including the eligible provider's loss of national or regional
453+39 accreditation.
454+40 (4) Participate in any training and mandatory meetings required
455+41 by the office.
456+42 (5) Participate in all onsite visits conducted by the office,
457+EH 1591—LS 7239/DI 143 10
458+1 including fiscal auditing activities with regard to the
459+2 prekindergarten pilot program and prekindergarten program
460+3 activity monitoring.
461+4 (6) Allow families of eligible or limited eligibility children
462+5 enrolled in the prekindergarten program of the eligible provider
463+6 to visit at any time the prekindergarten program is in operation.
464+7 (7) Maintain accurate online attendance records through the
465+8 attendance portal for eligible or limited eligibility children
466+9 enrolled in the prekindergarten pilot program and submit
467+10 attendance records as required by the office.
468+11 (8) Offer parental engagement and involvement activities in the
469+12 prekindergarten program of the eligible provider in alignment
470+13 with the family engagement framework adopted by the early
471+14 learning advisory committee established by IC 12-17.2-3.8-5.
472+15 (9) Complete, within the period established by the office, the
473+16 Indiana early childhood family engagement toolkit, including the
474+17 family engagement self-assessment, adopted by the early learning
475+18 advisory committee.
476+19 (10) Share information on the family engagement self-assessment
477+20 described in subdivision (9) as required by the office.
478+21 (11) Participate in research studies as required by the office.
479+22 (12) Enforce minimum attendance requirements of at least
480+23 eighty-five percent (85%) of the days that the prekindergarten
481+24 program of the eligible provider is offered to an eligible or limited
482+25 eligibility child.
483+26 (13) Inform the office that an eligible or limited eligibility child
484+27 has withdrawn from the prekindergarten program of the eligible
485+28 provider not later than five (5) days after the eligible or limited
486+29 eligibility child is withdrawn.
487+30 (14) That retroactive repayment to the state may be required or
488+31 future payments may be adjusted as a result of the withdrawal of
489+32 an eligible or limited eligibility child or changes in the law.
490+33 (15) Maintain records of participation by a family of an eligible
491+34 or limited eligibility child in family engagement activities and
492+35 submit records as required by the office.
493+36 (16) Promote an eligible or limited eligibility child's social,
494+37 emotional, and behavioral health and eliminate or severely limit
495+38 the use of expulsion, suspension, and other exclusionary
496+39 discipline practices.
497+40 (17) Use the exclusionary discipline practices described in
498+41 subdivision (16) only as a last resort in extraordinary
499+42 circumstances when there is a determination of a serious safety
500+EH 1591—LS 7239/DI 143 11
501+1 threat that cannot otherwise be reduced or eliminated by the
502+2 provision of reasonable modifications.
503+3 (18) Inform and receive approval from the office before the
504+4 eligible provider expels, suspends, or uses other exclusionary
505+5 discipline practices.
506+6 (19) Assist a parent or guardian, upon request by the parent or
507+7 guardian, in obtaining information from, referral to, or both
508+8 information from and referral to, the public school that serves the
509+9 attendance area in which the parent or guardian resides for an
510+10 educational evaluation and determination of eligibility for special
511+11 education services if developmental delays or reasons to suspect
512+12 a disability are observed by the parent, guardian, or teacher of an
513+13 eligible or limited eligibility child during the prekindergarten
514+14 program year.
515+15 SECTION 13. IC 12-17.2-7.2-7.4, AS AMENDED BY
516+16 P.L.268-2019, SECTION 11, IS AMENDED TO READ AS
517+17 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.4. (a) To qualify as
518+18 a potential eligible provider or existing eligible provider, an applicant
519+19 must:
520+20 (1) provide an expansion plan to the office that details the
521+21 potential eligible provider's or existing eligible provider's plan to:
522+22 (A) increase the capacity of providers of qualified early
523+23 education services to serve a greater number of eligible or
524+24 limited eligibility children;
525+25 (B) increase the number of providers of qualified early
526+26 education services; or
527+27 (C) increase the capacity as described in clause (A) and
528+28 increase the number as described in clause (B);
529+29 (2) comply with the agreement with the office concerning the plan
530+30 under subdivision (1) and the use of a grant awarded under this
531+31 chapter;
532+32 (3) agree:
533+33 (A) to operate as an eligible provider; or
534+34 (B) that the applicant intends to operate as an eligible
535+35 provider;
536+36 (4) agree that the applicant will not use any grant funds awarded
537+37 under this section for capital expenditures; and
538+38 (5) comply with any other standards and procedures established
539+39 under this chapter.
540+40 (b) Subject to subsections (c) and (d), the office may award a grant
541+41 to an applicant that meets the requirements of subsection (a).
542+42 (c) The office may not use more than a total of twenty percent (20%)
543+EH 1591—LS 7239/DI 143 12
544+1 of the money in the pilot fund each state fiscal year:
545+2 (1) for grants awarded under this chapter to potential eligible
546+3 providers and existing eligible providers for expansion plans; and
547+4 (2) to meet any state match amounts required for a federal grant
548+5 described in subsection (f).
549+6 (d) The office may not award grant funds under this section to an
550+7 applicant for any of the following:
551+8 (1) The purchase of land or a building.
552+9 (2) The construction or expansion of a building.
553+10 (e) If a potential eligible provider or existing eligible provider fails
554+11 to:
555+12 (1) use the grant funds in accordance with the expansion plan
556+13 described in subsection (a); or
557+14 (2) comply with the agreement entered into with the office under
558+15 subsection (a);
559+16 the potential eligible provider or existing eligible provider shall repay
560+17 to the office the total amount of the grant awarded to the potential
561+18 eligible provider or existing eligible provider under this chapter.
562+19 (f) The office may use money in the pilot fund that is allocated for
563+20 expansion plans under this section for a state fiscal year to meet any
564+21 state match amounts required for a federal grant if the purpose of the
565+22 federal grant is that the grant money be used for increasing:
566+23 (1) the capacity;
567+24 (2) the number; or
568+25 (3) both the capacity and number;
569+26 of providers of early education services for children four (4) years of
570+27 age.
571+28 SECTION 14. IC 12-17.2-7.2-7.5, AS AMENDED BY
572+29 P.L.184-2017, SECTION 24, IS AMENDED TO READ AS
573+30 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.5. The office may
574+31 adopt rules under IC 4-22-2 concerning the implementation and the
575+32 administration of the prekindergarten pilot program.
576+33 SECTION 15. IC 12-17.2-7.2-7.8, AS AMENDED BY
577+34 P.L.268-2019, SECTION 12, IS AMENDED TO READ AS
578+35 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.8. (a) The office shall
579+36 make random onsite inspections each year, as determined necessary by
580+37 the office, at the facility of:
581+38 (1) an eligible provider; or
582+39 (2) a potential eligible provider or existing eligible provider;
583+40 that receives a grant under this chapter.
584+41 (b) The office may determine that an eligible provider or potential
585+42 eligible provider or existing eligible provider is not eligible to receive
586+EH 1591—LS 7239/DI 143 13
587+1 a grant under the prekindergarten pilot program if the eligible provider
588+2 or potential eligible provider or existing eligible provider:
589+3 (1) fails to comply with this chapter; or
590+4 (2) refuses to allow, during normal business hours, the office or
591+5 an agent of the office to inspect the facility at which the eligible
592+6 provider or potential eligible provider or existing eligible provider
593+7 operates a child care program for eligible or limited eligibility
594+8 children.
595+9 SECTION 16. IC 12-17.2-7.2-8.1, AS AMENDED BY
596+10 P.L.216-2021, SECTION 5, IS AMENDED TO READ AS FOLLOWS
597+11 [EFFECTIVE JULY 1, 2023]: Sec. 8.1. (a) If funds are appropriated by
598+12 the general assembly, grants to limited eligibility children may not
599+13 exceed:
600+14 (1) twenty percent (20%) of the amount appropriated for a
601+15 particular state fiscal year if families with children four (4) years
602+16 of age are on the waiting list for funds available under the Child
603+17 Care Development Fund; or
604+18 (2) forty percent (40%) of the amount appropriated for a
605+19 particular state fiscal year if there is no waiting list for children
606+20 four (4) years of age for funds available under the Child Care
607+21 Development Fund.
608+22 (b) During the priority enrollment period, the office shall provide
609+23 grants to eligible children in the prekindergarten pilot program on a
610+24 first-come, first-served basis. The office shall date stamp and reserve
611+25 applications for limited eligibility children received during the priority
612+26 enrollment period for processing during the extended enrollment
613+27 period.
614+28 (c) During the extended enrollment period, the office shall provide
615+29 grants to eligible children and limited eligibility children in the
616+30 prekindergarten pilot program on a first-come, first-served basis to the
617+31 extent of available funding and in accordance with the limit established
618+32 by subsection (a).
619+33 SECTION 17. IC 12-17.2-7.2-11, AS AMENDED BY
620+34 P.L.165-2021, SECTION 142, IS AMENDED TO READ AS
621+35 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Except as provided
622+36 under IC 20-51-1-4.3(4)(E), the receipt of a grant under the pilot
623+37 prekindergarten program does not qualify, nor have an effect on the
624+38 qualification or eligibility, of a child for a choice scholarship under
625+39 IC 20-51-4.
626+40 SECTION 18. IC 12-17.2-7.2-12, AS AMENDED BY
627+41 P.L.184-2017, SECTION 29, IS AMENDED TO READ AS
628+42 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) At least once
629+EH 1591—LS 7239/DI 143 14
630+1 every five (5) years, the office, in cooperation with the department
631+2 of education, shall carry out a longitudinal study of students who
632+3 participate in the prekindergarten pilot program to determine the
633+4 achievement levels of those students in kindergarten and later grades.
634+5 (b) The longitudinal study must include a comparison of test and
635+6 assessment results in grade 3 of:
636+7 (1) the eligible children who participated in the prekindergarten
637+8 pilot program; and
638+9 (2) a control group determined by the office that consists of
639+10 children who did not participate in the prekindergarten pilot
640+11 program.
641+12 (c) The office may, after consulting with the state board of
642+13 education, enter into a contract with one (1) or more persons to carry
643+14 out the longitudinal study under this section. The office may expend
644+15 not more than one million dollars ($1,000,000) from the funds
645+16 appropriated under section 9 of this chapter (repealed) to carry out the
646+17 longitudinal study.
647+18 SECTION 19. IC 12-17.2-7.2-13, AS AMENDED BY
648+19 P.L.268-2019, SECTION 15, IS AMENDED TO READ AS
649+20 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The office shall,
650+21 before November 1 of each year, submit a report to the governor, the
651+22 budget committee, the state board of education, the department of
652+23 education, and, in an electronic format under IC 5-14-6, the general
653+24 assembly regarding the prekindergarten pilot program.
654+25 (b) The report under subsection (a) must include the following:
655+26 (1) The total number of children who received a grant under the
656+27 prekindergarten pilot program for the immediately preceding state
657+28 fiscal year, disaggregated by county.
658+29 (2) The total amount of funds budgeted for and spent under the
659+30 prekindergarten pilot program during the immediately preceding
660+31 state fiscal year.
661+32 (3) The balance remaining in the pilot fund at the end of the
662+33 immediately preceding state fiscal year.
663+34 SECTION 20. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019,
664+35 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
665+36 JULY 1, 2023]: Sec. 13.1. The office shall post monthly on the office's
666+37 Internet web site website the total enrollment of and number of grants
667+38 awarded to:
668+39 (1) all eligible children (before January 1, 2020); and
669+40 (2) after December 31, 2019, both:
670+41 (A) all eligible children; and
671+42 (B) all limited eligibility children;
672+EH 1591—LS 7239/DI 143 15
673+1 for each county that participates in the prekindergarten pilot program.
674+2 SECTION 21. IC 12-17.2-7.2-13.5, AS AMENDED BY
675+3 P.L.156-2020, SECTION 60, IS AMENDED TO READ AS
676+4 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) The
677+5 prekindergarten pilot program fund is established to:
678+6 (1) provide grants to eligible or limited eligibility children for
679+7 qualified early education services under this chapter;
680+8 (2) carry out the longitudinal study described in section 12 of this
681+9 chapter;
682+10 (3) provide grants to potential eligible providers and existing
683+11 eligible providers as set forth in section 7.4 of this chapter; and
684+12 (4) make payments to reimburse costs incurred to provide
685+13 in-home early education services under IC 12-17.2-7.5.
686+14 (b) The fund consists of:
687+15 (1) money appropriated to the fund by the general assembly; and
688+16 (2) grants or gifts to the fund.
689+17 (c) The fund shall be administered by the office.
690+18 (d) The expenses of administering the fund shall be paid from
691+19 money in the fund.
692+20 (e) Money in the fund is continuously appropriated for the purposes
693+21 provided under this article.
694+22 (f) The treasurer of state shall invest the money in the fund not
695+23 currently needed to meet the obligations of the fund in the same
696+24 manner as other public funds may be invested.
697+25 SECTION 22. IC 12-17.2-7.2-14 IS REPEALED [EFFECTIVE
698+26 JULY 1, 2023]. Sec. 14. This chapter expires July 1, 2026.
699+27 SECTION 23. IC 12-17.2-7.5-4, AS AMENDED BY P.L.165-2021,
700+28 SECTION 143, IS AMENDED TO READ AS FOLLOWS
701+29 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) After completing the review
702+30 under section 3 of this chapter, the office may develop and implement
703+31 a reimbursement program to reimburse costs that are incurred by a
704+32 parent or guardian of a child to provide in-home early education
705+33 services to the child.
706+34 (b) If the office develops and implements a reimbursement program
707+35 under subsection (a), the office may not give preference to a child
708+36 located in a county that does not have a child care provider that meets
709+37 the standards of quality recognized by a Level 3 or Level 4 Paths to
710+38 QUALITY program rating located in the county.
711+39 (c) The office may develop reimbursement rates for the
712+40 reimbursement of in-home early education services.
713+41 (d) Reimbursement by the office under this section may be funded
714+42 from any of the following sources:
715+EH 1591—LS 7239/DI 143 16
716+1 (1) Federal grants.
717+2 (2) State appropriations.
718+3 (3) Money from a political subdivision (as defined in
719+4 IC 36-1-2-13).
720+5 (4) Money from the prekindergarten pilot program fund
721+6 established by IC 12-17.2-7.2-13.5.
722+7 SECTION 24. IC 20-18-2-22, AS AMENDED BY P.L.165-2021,
723+8 SECTION 148, IS AMENDED TO READ AS FOLLOWS
724+9 [EFFECTIVE JULY 1, 2023]: Sec. 22. (a) "Teacher" means a
725+10 professional person whose position in a school corporation requires
726+11 certain educational preparation and licensing and whose primary
727+12 responsibility is the instruction of students.
728+13 (b) Except as provided in subsection subsections (d) and (e), for
729+14 purposes of IC 20-28, the term includes the following:
730+15 (1) A superintendent who holds a license under IC 20-28-5.
731+16 (2) A principal.
732+17 (3) A teacher.
733+18 (4) A librarian.
734+19 (5) A school counselor.
735+20 (6) A school psychologist.
736+21 (c) For purposes of IC 20-43-10-3.5, the term means a professional
737+22 person whose position with a:
738+23 (1) school corporation;
739+24 (2) special education cooperative established under IC 20-35-5;
740+25 (3) cooperative career and technical education program;
741+26 (4) special education program established by an interlocal
742+27 agreement under IC 36-1-7;
743+28 (5) joint program agreement established under IC 20-26-10; or
744+29 (6) charter school;
745+30 requires a license (as defined in IC 20-28-1-7) and whose primary
746+31 responsibility is the instruction of students in the classroom or virtual
747+32 classroom.
748+33 (d) "Teacher", for purposes of IC 20-28-9-26 and IC 20-28-9-27,
749+34 and IC 20-28-9-28, means a classroom teacher licensed under
750+35 IC 20-28-5 who provides instruction to students for at least fifty percent
751+36 (50%) of the teacher's work day.
752+37 (e) "Teacher", for purposes of IC 20-28-9-28, means a
753+38 classroom teacher licensed under IC 20-28-5 who provides
754+39 instruction to students for at least fifty percent (50%) of the
755+40 teacher's work day. The term includes an adjunct teacher and
756+41 permanent substitute teacher employed by a school corporation.
757+42 SECTION 25. IC 20-19-3-17, AS ADDED BY P.L.186-2018,
758+EH 1591—LS 7239/DI 143 17
759+1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
760+2 JULY 1, 2023]: Sec. 17. (a) As used in this section, "foster care" has
761+3 the meaning set forth in IC 31-9-2-46.7.
762+4 (b) As used in this section, "foster care youth" means students in
763+5 foster care.
764+6 (c) As used in this section, "graduation rate" has the meaning set
765+7 forth in IC 20-26-13-6.
766+8 (d) The state board shall, in collaboration with the department and
767+9 the department of child services, annually prepare a report on foster
768+10 care youth educational outcomes that includes the following:
769+11 (1) The annual graduation rate of foster care youth, including the
770+12 following information:
771+13 (A) The graduation rate for each of the following:
772+14 (i) Foster care youth who received a graduation waiver
773+15 under IC 20-32-4-4.
774+16 (ii) Foster care youth who did not receive a graduation
775+17 waiver under IC 20-32-4-4.
776+18 (B) The number and percentage of foster care youth who
777+19 received each type of diploma.
778+20 (2) The adjusted cohort graduation rate for foster care youth,
779+21 including the adjusted cohort graduation rate for each of the
780+22 following:
781+23 (A) Foster care youth who received a graduation waiver under
782+24 IC 20-32-4-4.
783+25 (B) Foster care youth who did not receive a graduation waiver
784+26 under IC 20-32-4-4.
785+27 (3) The number and percentage for each of the following:
786+28 (A) Foster care youth who were promoted to the next grade
787+29 level at the end of the school year.
788+30 (B) Foster care youth who were retained in the same grade
789+31 level for the next school year.
790+32 (C) Foster care youth who were suspended during the school
791+33 year.
792+34 (D) Foster care youth who were expelled during the school
793+35 year.
794+36 (E) Foster care youth who met academic standards on
795+37 statewide assessment program tests (as defined in
796+38 IC 20-32-2-2.3) administered during the school year.
797+39 The information reported under this subdivision must also be
798+40 disaggregated by race, grade, gender, free or reduced price lunch
799+41 status, and eligibility for special education.
800+42 (4) The number and percentage of eligible foster care youth who
801+EH 1591—LS 7239/DI 143 18
802+1 are enrolled in the prekindergarten pilot program under
803+2 IC 12-17.2-7.2.
804+3 (5) The number and percentage of foster care youth who passed
805+4 the reading skills evaluation administered under IC 20-32-8.5-2.
806+5 (6) The number and percentage of foster care youth enrolled in
807+6 schools, disaggregated by the category or designation of the
808+7 school under IC 20-31-8-3.
809+8 (7) The number and percentage of foster care youth enrolled in
810+9 schools, disaggregated by the type of school, including public
811+10 schools, charter schools, and secure private facilities (as defined
812+11 in IC 31-9-2-115).
813+12 (e) Not later than June 30, 2019, the department shall:
814+13 (1) after consulting with the department of child services, develop
815+14 a remediation plan concerning foster care youth; and
816+15 (2) submit a copy of the remediation plan to the following:
817+16 (A) The state board.
818+17 (B) The department of child services.
819+18 (C) The legislative council in an electronic format under
820+19 IC 5-14-6.
821+20 (f) Before April 1, 2019, and before April 1 each year thereafter, the
822+21 department shall submit the report described in subsection (d) to the
823+22 following:
824+23 (1) Department of child services.
825+24 (2) Legislative council in an electronic format under IC 5-14-6.
826+25 SECTION 26. IC 20-19-3-18, AS ADDED BY P.L.186-2018,
827+26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
828+27 JULY 1, 2023]: Sec. 18. (a) As used in this section, "graduation rate"
829+28 has the meaning set forth in IC 20-26-13-6.
830+29 (b) The state board shall, in collaboration with the department and
831+30 the department of child services, annually prepare a report on homeless
832+31 youth educational outcomes that includes the following:
833+32 (1) The annual graduation rate of homeless youth, including the
834+33 following information:
835+34 (A) The graduation rate for each of the following:
836+35 (i) Homeless youth who received a graduation waiver under
837+36 IC 20-32-4-4.
838+37 (ii) Homeless youth who did not receive a graduation waiver
839+38 under IC 20-32-4-4.
840+39 (B) The number and percentage of homeless youth who
841+40 received each type of diploma.
842+41 (2) The adjusted cohort graduation rate for homeless youth,
843+42 including the adjusted cohort graduation rate for each of the
844+EH 1591—LS 7239/DI 143 19
845+1 following:
846+2 (A) Homeless youth who received a graduation waiver under
847+3 IC 20-32-4-4.
848+4 (B) Homeless youth who did not receive a graduation waiver
849+5 under IC 20-32-4-4.
850+6 (3) The number and percentage of each of the following:
851+7 (A) Homeless youth who were promoted to the next grade
852+8 level at the end of the school year.
853+9 (B) Homeless youth who were retained in the same grade level
854+10 for the next school year.
855+11 (C) Homeless youth who were suspended during the school
856+12 year.
857+13 (D) Homeless youth who were expelled during the school year.
858+14 (E) Homeless youth who met academic standards on statewide
859+15 assessment program tests (as defined in IC 20-32-2-2.3)
860+16 administered during the school year.
861+17 The information reported under this subdivision must also be
862+18 disaggregated by race, grade, gender, free or reduced price lunch
863+19 status, and eligibility for special education.
864+20 (4) The number and percentage of eligible homeless youth who
865+21 are enrolled in the prekindergarten pilot program under
866+22 IC 12-17.2-7.2.
867+23 (5) The number and percentage of homeless youth who passed the
868+24 reading skills evaluation administered under IC 20-32-8.5-2.
869+25 (6) The number and percentage of homeless youth enrolled in
870+26 schools, disaggregated by the category or designation of the
871+27 school under IC 20-31-8-3.
872+28 (7) The number and percentage of homeless youth enrolled in
873+29 schools, disaggregated by the type of school, including public
874+30 schools, charter schools, and secure private facilities (as defined
875+31 in IC 31-9-2-115).
876+32 (c) Not later than August 31, 2019, the department shall:
877+33 (1) develop a remediation plan concerning homeless youth; and
878+34 (2) submit a copy of the remediation plan to the following:
879+35 (A) The state board.
880+36 (B) The Indiana housing and community development
881+37 authority established by IC 5-20-1-3.
882+38 (C) The legislative council in an electronic format under
883+39 IC 5-14-6.
884+40 (d) Before June 1, 2019, and before June 1 each year thereafter, the
885+41 department shall submit the report described in subsection (b) to the
886+42 following:
887+EH 1591—LS 7239/DI 143 20
888+1 (1) The Indiana housing and community development authority.
889+2 (2) The legislative council in an electronic format under
890+3 IC 5-14-6.
891+4 SECTION 27. IC 20-19-3-27.5 IS ADDED TO THE INDIANA
892+5 CODE AS A NEW SECTION TO READ AS FOLLOWS
893+6 [EFFECTIVE JULY 1, 2023]: Sec. 27.5. The department shall
894+7 establish and maintain on the department's website a public data
895+8 base of information provided by each public school in accordance
896+9 with IC 20-26-5-42 concerning employees of each public school
897+10 who were physically injured while on the job by students of the
898+11 public school.
899+12 SECTION 28. IC 20-25.7-4-5, AS AMENDED BY P.L.269-2019,
900+13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
901+14 JULY 1, 2023]: Sec. 5. (a) The board shall enter into an agreement
902+15 with an innovation network team to establish an innovation network
903+16 school or to reconstitute an eligible school as an innovation network
904+17 school under section 3 or 4 of this chapter. An innovation network team
905+18 may consist of or include teachers, a principal, a superintendent, or any
906+19 combination of these individuals who were employed at the eligible
907+20 school before the agreement is entered.
908+21 (b) The terms of the agreement must specify the following:
909+22 (1) A statement that the innovation network school is considered
910+23 to be part of the school corporation and not considered a separate
911+24 local educational agency.
912+25 (2) A statement that the innovation network team authorizes the
913+26 department to include the innovation network school's
914+27 performance assessment results under IC 20-31-8 when
915+28 calculating the school corporation's performance assessment
916+29 under rules adopted by the state board.
917+30 (3) The amount of state and federal funding, including tuition
918+31 support, and money levied as property taxes that will be
919+32 distributed by the school corporation to the innovation network
920+33 school.
921+34 (4) The performance goals and accountability metrics agreed
922+35 upon for the innovation network school.
923+36 (5) Grounds for termination of the agreement, including the right
924+37 of termination if the innovation network team fails to:
925+38 (A) comply with the conditions or procedures established in
926+39 the agreement;
927+40 (B) meet generally accepted fiscal management and
928+41 government accounting principles;
929+42 (C) comply with applicable laws; or
930+EH 1591—LS 7239/DI 143 21
931+1 (D) meet the educational goals set forth in the agreement
932+2 between the board and the innovation network team.
933+3 (6) For an agreement entered into or renewed after June 30,
934+4 2023, the process the board is required to follow in
935+5 determining whether to renew the agreement.
936+6 (c) If an agreement is entered into under subsection (a), the board
937+7 shall notify the department that an agreement has been entered into
938+8 under this section within thirty (30) days after the agreement is entered
939+9 into.
940+10 (d) Upon receipt of the notification under subsection (c), for school
941+11 years starting after the date of the agreement:
942+12 (1) the department shall include the innovation network school's
943+13 performance assessment results under IC 20-31-8 when
944+14 calculating the school corporation's performance assessment
945+15 under rules adopted by the state board;
946+16 (2) the department shall treat the innovation network school in the
947+17 same manner as a school operated by the school corporation when
948+18 calculating the total amount of state and federal funding to be
949+19 distributed to the school corporation; and
950+20 (3) if requested by an innovation network school established
951+21 under IC 20-25.5-4-2(a)(2) (before its repeal) or
952+22 IC 20-25.7-4-4(a)(2), the department may use student growth as
953+23 the state board's exclusive means to determine the innovation
954+24 network school's category or designation of school improvement
955+25 under 511 IAC 6.2-10-10 for a period of three (3) years.
956+26 Beginning with the 2019-2020 school year, the department may
957+27 not use student growth as the state board's exclusive means to
958+28 determine an innovation network school's category or designation
959+29 of school improvement. This subdivision expires July 1, 2023.
960+30 A school corporation and an innovation network school are not entitled
961+31 to any state funding in addition to the amount the school corporation
962+32 and school would otherwise be eligible to receive if the innovation
963+33 network school were a public school maintained by the school
964+34 corporation.
965+35 (e) If a board or innovation network team fails to follow the
966+36 renewal process described in subsection (b)(6), the board or
967+37 innovation network team may appeal to the state board. The state
968+38 board shall hear the appeal in a public meeting and ensure that the
969+39 board or innovation network team follows the renewal process
970+40 specified in the agreement. The board may not terminate an
971+41 agreement until the board has provided evidence to the state board
972+42 that the board has complied with the renewal process specified in
973+EH 1591—LS 7239/DI 143 22
974+1 the agreement. The state board shall issue a decision on an appeal
975+2 under this subsection not later than sixty (60) days after the date
976+3 the board or innovation network team submitted the appeal to the
977+4 state board.
978+5 (f) If an administrative fee is included in an agreement entered
979+6 into or renewed after June 30, 2023, under this section, the fee may
980+7 not exceed one percent (1%) of the total amount of state tuition
981+8 support that is distributed to the school corporation based on the
982+9 student enrollment of the innovation network school.
983+10 SECTION 29. IC 20-25.7-4-6, AS ADDED BY P.L.214-2015,
984+11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
985+12 JULY 1, 2023]: Sec. 6. (a) For as long as an innovation network team
986+13 operates an innovation network school:
987+14 (1) the innovation network team may use the school building, the
988+15 accompanying real property, and the building's contents,
989+16 equipment, and supplies, as provided in the agreement established
990+17 under section 5 of this chapter; and
991+18 (2) the school corporation may:
992+19 (A) provide transportation for students attending the
993+20 innovation network school; and
994+21 (B) maintain and repair the buildings and grounds consistent
995+22 with the maintenance and repair to the school corporation's
996+23 other buildings and grounds; and
997+24 (3) the innovation network team and the school corporation
998+25 may enter into an agreement to transfer the ownership of a
999+26 school corporation facility to the innovation network team.
1000+27 (b) If an innovation network team contracts with a school
1001+28 corporation for goods or services, the school corporation may not
1002+29 charge the innovation network team more for the goods or services than
1003+30 the school corporation pays for the goods or services. A school
1004+31 corporation may not require an innovation network team to
1005+32 contract for specific goods or services provided by the school
1006+33 corporation or any other entity.
1007+34 (c) A school corporation and an innovation network team may
1008+35 negotiate to require specific services with regard to an innovation
1009+36 network school during the term of an agreement. However, subject
1010+37 to subsection (d), an innovation network team must be able to
1011+38 select the service provider for the services.
1012+39 (d) A school corporation may require an innovation network
1013+40 school to:
1014+41 (1) use the school corporation's student information system;
1015+42 and
1016+EH 1591—LS 7239/DI 143 23
1017+1 (2) comply with the school corporation's networking,
1018+2 cybersecurity, and device standards.
1019+3 However, nothing in this subsection may be construed to allow a
1020+4 school corporation to alter an innovation network team's
1021+5 autonomy to determine the academic programming of the
1022+6 innovation network team's school.
1023+7 (c) (e) For as long as an innovation network team operates an
1024+8 innovation network school, the school corporation may distribute
1025+9 money levied as property taxes to the innovation network team.
1026+10 Property taxes distributed to an innovation network team must be used
1027+11 only for a purpose for which the property taxes could have been used
1028+12 by the school corporation. Property taxes distributed under this
1029+13 subsection may supplement services and property provided under
1030+14 subsection (a) or (b). The parties may jointly modify an agreement
1031+15 described in section 5 of this chapter to implement this subsection.
1032+16 (f) An agreement concerning the transfer of ownership of a
1033+17 school corporation facility to an innovation school network team
1034+18 described in subsection (a) is not subject to IC 20-26-7.1.
1035+19 SECTION 30. IC 20-25.7-5-2, AS AMENDED BY P.L.165-2021,
1036+20 SECTION 153, IS AMENDED TO READ AS FOLLOWS
1037+21 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The board may enter into an
1038+22 agreement with an organizer to reconstitute an eligible school as a
1039+23 participating innovation network charter school or to establish a
1040+24 participating innovation network charter school at a location selected
1041+25 by the board within the boundary of the school corporation.
1042+26 Notwithstanding IC 20-26-7.1, a participating innovation network
1043+27 charter school may be established within a vacant school building.
1044+28 (b) The terms of the agreement entered into between the board and
1045+29 an organizer must specify the following:
1046+30 (1) A statement that the organizer authorizes the department to
1047+31 include the charter school's performance assessment results under
1048+32 IC 20-31-8 when calculating the school corporation's performance
1049+33 assessment under rules adopted by the state board.
1050+34 (2) The amount of state funding, including tuition support (if the
1051+35 participating innovation network charter school is treated in the
1052+36 same manner as a school operated by the school corporation
1053+37 under subsection (d)(2)), and money levied as property taxes that
1054+38 will be distributed by the school corporation to the organizer.
1055+39 (3) The performance goals and accountability metrics agreed
1056+40 upon for the charter school in the charter agreement between the
1057+41 organizer and the authorizer.
1058+42 (4) For an agreement entered into or renewed after June 30,
1059+EH 1591—LS 7239/DI 143 24
1060+1 2023, the process the board is required to follow in
1061+2 determining whether to renew the agreement.
1062+3 (c) If an organizer and the board enter into an agreement under
1063+4 subsection (a), the organizer and the board shall notify the department
1064+5 that the agreement has been made under this section within thirty (30)
1065+6 days after the agreement is entered into.
1066+7 (d) Upon receipt of the notification under subsection (c), for school
1067+8 years starting after the date of the agreement:
1068+9 (1) the department shall include the participating innovation
1069+10 network charter school's performance assessment results under
1070+11 IC 20-31-8 when calculating the school corporation's performance
1071+12 assessment under rules adopted by the state board;
1072+13 (2) the department shall treat the participating innovation network
1073+14 charter school in the same manner as a school operated by the
1074+15 school corporation when calculating the total amount of state
1075+16 funding to be distributed to the school corporation unless
1076+17 subsection (e) applies; and
1077+18 (3) if requested by a participating innovation network charter
1078+19 school that reconstitutes an eligible school, the department may
1079+20 use student growth as the state board's exclusive means to
1080+21 determine the innovation network charter school's category or
1081+22 designation of school improvement under 511 IAC 6.2-10-10 for
1082+23 a period of three (3) years. Beginning with the 2019-2020 school
1083+24 year, the department may not use student growth as the state
1084+25 board's exclusive means to determine an innovation network
1085+26 charter school's category or designation of school improvement.
1086+27 This subdivision expires July 1, 2023.
1087+28 (e) If a participating innovation network school was established
1088+29 before January 1, 2016, and for the current school year has a
1089+30 complexity index that is greater than the complexity index for the
1090+31 school corporation that the innovation network school has contracted
1091+32 with, the innovation network school shall be treated as a charter school
1092+33 for purposes of determining tuition support. This subsection expires
1093+34 June 30, 2023.
1094+35 (f) If the board or organizer fails to follow the process described
1095+36 in subsection (b)(4), the board or organizer may appeal to the state
1096+37 board. The state board shall hear the appeal in a public meeting
1097+38 and ensure that the board or organizer follows the renewal process
1098+39 specified in the agreement. The board may not terminate an
1099+40 agreement until the board has provided evidence to the state board
1100+41 that the board has complied with the renewal process specified in
1101+42 the agreement. The state board shall issue a decision on an appeal
1102+EH 1591—LS 7239/DI 143 25
1103+1 under this subsection not later than sixty (60) days after the date
1104+2 the board or organizer submitted the appeal to the state board.
1105+3 (g) If an administrative fee is included in an agreement entered
1106+4 into or renewed after June 30, 2023, under this section, the fee may
1107+5 not exceed one percent (1%) of the total amount of state tuition
1108+6 support that is distributed to the school corporation based on the
1109+7 participating innovation network charter school's student
1110+8 enrollment.
1111+9 SECTION 31. IC 20-25.7-5-3, AS ADDED BY P.L.214-2015,
1112+10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1113+11 JULY 1, 2023]: Sec. 3. (a) For as long as a charter school remains a
1114+12 participating innovation network charter school, the school corporation
1115+13 may:
1116+14 (1) provide transportation for students attending the participating
1117+15 innovation network charter school; and
1118+16 (2) maintain and repair the buildings and grounds used by the
1119+17 participating innovation network charter school consistent with
1120+18 the maintenance and repair to the school corporation's other
1121+19 buildings and grounds; and
1122+20 (3) enter into an agreement to transfer the ownership of a
1123+21 school corporation facility to the organizer.
1124+22 (b) If an organizer contracts with a school corporation for goods or
1125+23 services, the school corporation may not charge the organizer more for
1126+24 the goods or services than the school corporation pays for the goods or
1127+25 services. A school corporation may not require an organizer to
1128+26 contract for specific goods or services provided by the school
1129+27 corporation or any other entity.
1130+28 (c) A school corporation and an organizer may negotiate to
1131+29 require specific services with regard to a participating innovation
1132+30 network charter school during the term of an agreement. However,
1133+31 an organizer must be able to the select the service provider for the
1134+32 services.
1135+33 (c) (d) For as long as a charter school remains a participating
1136+34 innovation network charter school, the school corporation may
1137+35 distribute money levied as property taxes to the charter school. Property
1138+36 taxes distributed to a charter school must be used only for a purpose for
1139+37 which the property taxes could have been used by the school
1140+38 corporation. Property taxes distributed under this subsection may
1141+39 supplement services and property provided under subsection (a) or (b).
1142+40 The parties may jointly modify an agreement described in section 2 of
1143+41 this chapter to implement this subsection.
1144+42 (e) An agreement concerning the transfer of ownership of a
1145+EH 1591—LS 7239/DI 143 26
1146+1 school corporation facility described in subsection (a) is not subject
1147+2 to IC 20-26-7.1.
1148+3 SECTION 32. IC 20-26-5-42 IS ADDED TO THE INDIANA
1149+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
1150+5 [EFFECTIVE JULY 1, 2023]: Sec. 42. (a) This section applies to the
1151+6 following:
1152+7 (1) A public school, including a charter school.
1153+8 (2) Physical injuries that occur after June 30, 2023.
1154+9 (b) Each public school shall provide to the department, in a
1155+10 manner prescribed by the department, information concerning an
1156+11 employee of the public school who was physically injured while on
1157+12 the job by a student of the public school if the injury:
1158+13 (1) is required to be reported to the public school's worker's
1159+14 compensation carrier;
1160+15 (2) causes the employee to miss all or part of one (1) or more
1161+16 work days; or
1162+17 (3) is required to be reported to the public school pursuant to
1163+18 the public school's reporting policy.
1164+19 (c) A public school may not provide information under
1165+20 subsection (b) that identifies the employee or the student.
1166+21 (d) Nothing in this section shall be construed to prohibit a public
1167+22 school from providing identifying information otherwise required
1168+23 by law or rule.
1169+24 SECTION 33. IC 20-26-5-42.3 IS ADDED TO THE INDIANA
1170+25 CODE AS A NEW SECTION TO READ AS FOLLOWS
1171+26 [EFFECTIVE JULY 1, 2023]: Sec. 42.3. If the superintendent of a
1172+27 school corporation:
1173+28 (1) becomes aware of possible criminal activity involving a
1174+29 current or former school employee or contractor that:
1175+30 (A) may have occurred on school property or at a school
1176+31 approved activity or event not on school property; and
1177+32 (B) may have involved a current or former student who
1178+33 was a student at the time of the possible criminal activity;
1179+34 or
1180+35 (2) concludes an investigation of a personnel matter that
1181+36 results in or could result in a suspension or termination of a
1182+37 school employee;
1183+38 the superintendent shall, within five (5) business days, inform all
1184+39 members of the governing body.
1185+40 SECTION 34. IC 20-26-5-44 IS ADDED TO THE INDIANA
1186+41 CODE AS A NEW SECTION TO READ AS FOLLOWS
1187+42 [EFFECTIVE JULY 1, 2023]: Sec. 44. The superintendent of a
1188+EH 1591—LS 7239/DI 143 27
1189+1 school corporation shall promptly and fully inform the governing
1190+2 body of any matter or related matters involving legal expenses
1191+3 reasonably expected to exceed an amount specified by the
1192+4 governing body.
1193+5 SECTION 35. IC 20-26-13-10, AS AMENDED BY P.L.32-2021,
1194+6 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1195+7 JULY 1, 2023]: Sec. 10. (a) Except as provided in section 11 of this
1196+8 chapter and subject to IC 20-31-8-4.6, the four (4) year graduation
1197+9 rate for a cohort in a high school is the percentage determined under
1198+10 STEP FIVE of the following formula:
1199+11 STEP ONE: Determine the grade 9 enrollment at the beginning of
1200+12 the reporting year three (3) years before the reporting year for
1201+13 which the graduation rate is being determined.
1202+14 STEP TWO: Add:
1203+15 (A) the number determined under STEP ONE; and
1204+16 (B) the number of students who:
1205+17 (i) have enrolled in the high school after the date on which
1206+18 the number determined under STEP ONE was determined;
1207+19 and
1208+20 (ii) have the same expected graduation year as the cohort.
1209+21 STEP THREE: Subtract from the sum determined under STEP
1210+22 TWO the number of students who have left the cohort for any of
1211+23 the following reasons:
1212+24 (A) Transfer to another public or nonpublic school.
1213+25 (B) Except as provided in IC 20-33-2-28.6 and subsection (b),
1214+26 removal by the student's parents under IC 20-33-2-28 to
1215+27 provide instruction equivalent to that given in the public
1216+28 schools.
1217+29 (C) Withdrawal because of a long term medical condition or
1218+30 death.
1219+31 (D) Detention by a law enforcement agency or the department
1220+32 of correction.
1221+33 (E) Placement by a court order or the department of child
1222+34 services.
1223+35 (F) Enrollment in a virtual school.
1224+36 (G) Leaving school, if the student attended school in Indiana
1225+37 for less than one (1) school year and the location of the student
1226+38 cannot be determined.
1227+39 (H) Leaving school, if the location of the student cannot be
1228+40 determined and the student has been reported to the Indiana
1229+41 clearinghouse for information on missing children and missing
1230+42 endangered adults.
1231+EH 1591—LS 7239/DI 143 28
1232+1 (I) Withdrawing from school before graduation, if the student
1233+2 is a high ability student (as defined in IC 20-36-1-3) who is a
1234+3 full-time student at an accredited institution of higher
1235+4 education during the semester in which the cohort graduates.
1236+5 (J) Withdrawing from school before graduation pursuant to
1237+6 providing notice of withdrawal under section 17 of this
1238+7 chapter.
1239+8 (K) Participating in the high school equivalency pilot program
1240+9 under IC 20-30-8.5, unless the student fails to successfully
1241+10 complete the high school equivalency pilot program in the two
1242+11 (2) year period. This clause expires June 30, 2024.
1243+12 STEP FOUR: Determine the total number of students determined
1244+13 under STEP TWO who have graduated during the current
1245+14 reporting year or a previous reporting year.
1246+15 STEP FIVE: Divide:
1247+16 (A) the number determined under STEP FOUR; by
1248+17 (B) the remainder determined under STEP THREE.
1249+18 (b) This subsection applies to a high school in which:
1250+19 (1) for a:
1251+20 (A) cohort of one hundred (100) students or less, at least ten
1252+21 percent (10%) of the students left a particular cohort for a
1253+22 reason described in subsection (a) STEP THREE clause (B);
1254+23 or
1255+24 (B) cohort of more than one hundred (100) students, at least
1256+25 five percent (5%) of the students left a particular cohort for a
1257+26 reason described in subsection (a) STEP THREE clause (B);
1258+27 and
1259+28 (2) the students described in subdivision (1)(A) or (1)(B) are not
1260+29 on track to graduate with their cohort.
1261+30 A high school must submit a request to the state board in a manner
1262+31 prescribed by the state board requesting that the students described in
1263+32 this subsection be included in the subsection (a) STEP THREE
1264+33 calculation. The state board shall review the request and may grant or
1265+34 deny the request. The state board shall deny the request unless the high
1266+35 school demonstrates good cause to justify that the students described
1267+36 in this subsection should be included in the subsection (a) STEP
1268+37 THREE calculation. If the state board denies the request the high
1269+38 school may not subtract the students described in this subsection under
1270+39 subsection (a) STEP THREE.
1271+40 SECTION 36. IC 20-28-9-28, AS AMENDED BY P.L.132-2022,
1272+41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1273+42 JULY 1, 2023]: Sec. 28. (a) For each school year in a state fiscal year
1274+EH 1591—LS 7239/DI 143 29
1275+1 beginning after June 30, 2021, 2023, a school corporation shall expend
1276+2 an amount for full-time teacher salaries compensation that is not less
1277+3 than an amount equal to forty-five sixty-two percent (45%) (62%) of
1278+4 the state tuition support distributed to the school corporation during the
1279+5 state fiscal year. For purposes of determining whether a school
1280+6 corporation has complied with this requirement, the amount a school
1281+7 corporation expends for full-time teacher salaries compensation shall
1282+8 include the amount the school corporation expends for:
1283+9 (1) supplemental pay for teachers;
1284+10 (2) stipends for teachers; and
1285+11 (3) participating in a special education cooperative or a career and
1286+12 technical education cooperative an interlocal agreement or
1287+13 consortium that is directly attributable to the salaries
1288+14 compensation of full-time teachers employed by the cooperative
1289+15 as determined by the department. or interlocal agreement or
1290+16 consortium.
1291+17 Teacher benefits include all benefit categories collected by the
1292+18 department for Form 9 purposes.
1293+19 (b) If a school corporation determines that the school corporation
1294+20 cannot comply with the requirement under subsection (a) for a
1295+21 particular school year, the school corporation shall apply for a waiver
1296+22 from the department.
1297+23 (c) The waiver application must include an explanation of the
1298+24 financial challenges, with detailed data, that preclude the school
1299+25 corporation from meeting the requirement under subsection (a) and
1300+26 describe the cost saving measures taken by the school corporation in
1301+27 attempting to meet the requirement in subsection (a). The waiver may
1302+28 also include an explanation of an innovative or efficient approach in
1303+29 delivering instruction that is responsible for the school corporation
1304+30 being unable to meet the requirement under subsection (a).
1305+31 (d) If, after review, the department determines that the school
1306+32 corporation has exhausted all reasonable efforts in attempting to meet
1307+33 the requirement in subsection (a), the department may grant the school
1308+34 corporation a one (1) year exception from the requirement.
1309+35 (e) A school corporation that receives a waiver under this section
1310+36 shall work with the department to develop a plan to identify additional
1311+37 cost saving measures and any other steps that may be taken to allow the
1312+38 school corporation to meet the requirement under subsection (a).
1313+39 (f) A school corporation may not receive more than three (3)
1314+40 waivers under this section.
1315+41 (g) Before November 1, 2022, and before November 1 of each year
1316+42 thereafter, the department shall submit a report to the legislative
1317+EH 1591—LS 7239/DI 143 30
1318+1 council in an electronic format under IC 5-14-6 and the state budget
1319+2 committee that contains information as to:
1320+3 (1) the percent and amount that each school corporation expended
1321+4 and the statewide total expended for full-time teacher salaries;
1322+5 compensation;
1323+6 (2) the percent and amount that each school corporation expended
1324+7 and statewide total expended for full-time teacher benefits,
1325+8 including health, dental, life insurance, and pension benefits;
1326+9 (3) whether the school corporation met the requirement set forth
1327+10 in subsection (a); and
1328+11 (4) whether the school corporation received a waiver under
1329+12 subsection (d).
1330+13 SECTION 37. IC 20-31-8-4.6, AS ADDED BY P.L.217-2017,
1331+14 SECTION 105, IS AMENDED TO READ AS FOLLOWS
1332+15 [EFFECTIVE JULY 1, 2023]: Sec. 4.6. (a) If a school corporation or
1333+16 a charter school enters into an agreement with an eligible school (as
1334+17 defined in IC 20-51-1-4.7) to provide dropout recovery educational
1335+18 services for an at-risk student who is enrolled at a public school, the
1336+19 student:
1337+20 (1) may not be included in the calculation of the public school's:
1338+21 (A) category or designation of school performance; and
1339+22 (B) graduation rate calculation; and
1340+23 (2) shall be included in the eligible school's graduation rate
1341+24 calculation.
1342+25 (b) The state board shall adopt rules under IC 4-22-2 and any
1343+26 guidelines necessary to carry out this section.
1344+27 SECTION 38. IC 20-35-6-4 IS ADDED TO THE INDIANA CODE
1345+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1346+29 1, 2023]: Sec. 4. (a) This section applies to a case conference
1347+30 committee for a student in grades 8 through 12.
1348+31 (b) At a case conference committee meeting, the committee shall
1349+32 start addressing decision making skills, which shall include a
1350+33 discussion of supported decision making and other alternative
1351+34 options or programs for the student in lieu of the appointment of
1352+35 a guardian and whether these options are necessary. The case
1353+36 conference committee shall include in the individualized education
1354+37 program or a plan developed under Section 504 of the federal
1355+38 Rehabilitation Act of 1973, 29 U.S.C. 794 notes relating to the
1356+39 discussion of alternative options or programs.
1357+40 SECTION 39. IC 20-35-6-5 IS ADDED TO THE INDIANA CODE
1358+41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1359+42 1, 2023]: Sec. 5. (a) As used in this section, "community intellectual
1360+EH 1591—LS 7239/DI 143 31
1361+1 disability and other developmental disabilities centers" has the
1362+2 meaning set forth in IC 12-7-2-39.
1363+3 (b) At a case conference committee meeting regarding a
1364+4 transition individualized education program described in 511
1365+5 IAC 7-43-4, a public school, including a charter school, shall
1366+6 provide to the student and parent of the student written
1367+7 information that includes the:
1368+8 (1) location of;
1369+9 (2) contact information regarding; and
1370+10 (3) services offered by;
1371+11 community intellectual disability and other developmental
1372+12 disabilities centers that are located or provide services in the
1373+13 county in which the student resides.
1374+14 SECTION 40. IC 21-13-11-8, AS ADDED BY P.L.118-2016,
1375+15 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1376+16 JULY 1, 2023]: Sec. 8. The commission may use money in the fund to
1377+17 provide grants to Indiana organizations that recruit science, technology,
1378+18 engineering, and mathematics teachers for employment by Indiana
1379+19 school corporations or charter schools.
1380+20 SECTION 41. IC 21-13-11-10, AS ADDED BY P.L.118-2016,
1381+21 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1382+22 JULY 1, 2023]: Sec. 10. The commission shall develop an application
1383+23 process for grants under this chapter that identifies recruiting
1384+24 organizations and programs:
1385+25 (1) that produce high student achievement and effective and
1386+26 highly effective teachers; and
1387+27 (2) that match science, technology, engineering, and mathematics
1388+28 teachers with Indiana school corporations or charter schools that
1389+29 would otherwise encounter a shortage of qualified teachers in
1390+30 science, technology, engineering, and mathematics.
1391+EH 1591—LS 7239/DI 143 32
1392+COMMITTEE REPORT
1393+Mr. Speaker: Your Committee on Education, to which was referred
1394+House Bill 1591, has had the same under consideration and begs leave
1395+to report the same back to the House with the recommendation that said
1396+bill be amended as follows:
1397+Page 1, between the enacting clause and line 1, begin a new
1398+paragraph and insert:
1399+"SECTION 1. IC 5-15-1-1, AS AMENDED BY P.L.161-2018,
1400+SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1401+JULY 1, 2023]: Sec. 1. (a) Any officer, office, court, commission,
1402+board, institution, department, agent, or employee of the state, county,
1403+or any political subdivision being charged with the duty or authorized
1404+or required by law to record, preserve, keep, maintain, or file any
1405+record, document, plat, paper or instrument-in-writing, may, whenever
1406+any such officer, office, court, commission, board, institution,
1407+department, agent, or employee of the state, county, or any political
1408+subdivision shall deem it necessary, for the purpose of recording or
1409+copying same, preserving and protecting same, reducing space required
1410+for storage or filing of same, or any similar purpose, have or cause to
1411+have any or all such records recorded, copied, or reproduced by any
1412+photostatic, photographic, micrographic, electronic, or other process
1413+which correctly and accurately copies or reproduces, recreates, or
1414+forms a medium of copying or reproducing the original record,
1415+document, plat, paper, or instrument-in-writing. Any officer, office,
1416+court, commission, board, institution, department, agent, or employee
1417+of the state may have or cause to have records recorded, copied, or
1418+reproduced under this subsection by any optical imaging process that
1419+correctly and accurately copies or reproduces, recreates, or forms a
1420+medium of copying or reproducing the original record, document, plat,
1421+paper, or instrument-in-writing.
1422+(b) After retaining the original filing record for a period of five
1423+(5) years, the original filing record may be destroyed if:
1424+(1) the record has been copied or is capable of being reproduced
1425+or recreated under subsection (a); and
1426+(2) an approved retention schedule allows for the destruction. the
1427+record has been stored in more than one (1) electronic format.
1428+(c) Copies, recreations, or reproductions made under subsection (a):
1429+(1) shall have the same force and effect at law as the original
1430+record destroyed under subsection (b); and
1431+(2) shall be received as evidence in any court where the original
1432+record could have been so introduced;
1433+EH 1591—LS 7239/DI 143 33
1434+if the recreations, copies, or reproductions are properly certified as to
1435+authenticity and accuracy by a duly constituted official custodian of
1436+such records.
1437+(d) All micrographics and imaging processes done under this
1438+chapter shall comply with the quality standards developed under
1439+IC 5-15-5.1-8.
1440+(e) This section does not apply to the office of judicial
1441+administration of the supreme court.
1442+(f) Except as provided in IC 5-14-3-5.3 and notwithstanding any
1443+other retention schedule by a state or local commission, a public
1444+record stored in more than one (1) electronic format under
1445+subsection (b) must be retained for a period of at least twenty-five
1446+(25) years.
331447 SECTION 2. IC 12-7-2-91, AS AMENDED BY P.L.184-2017,
341448 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
351449 JULY 1, 2023]: Sec. 91. "Fund" means the following:
36-HEA 1591 — CC 1 2
371450 (1) For purposes of IC 12-12-1-9, the fund described in
381451 IC 12-12-1-9.
391452 (2) For purposes of IC 12-15-20, the meaning set forth in
401453 IC 12-15-20-1.
411454 (3) For purposes of IC 12-17-12, the meaning set forth in
421455 IC 12-17-12-4.
431456 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
441457 IC 12-17.2-7.2-4.7.
451458 (4) (5) For purposes of IC 12-17.6, the meaning set forth in
461459 IC 12-17.6-1-3.
471460 (5) (6) For purposes of IC 12-23-2, the meaning set forth in
481461 IC 12-23-2-1.
491462 (6) (7) For purposes of IC 12-23-18, the meaning set forth in
501463 IC 12-23-18-4.
511464 (7) (8) For purposes of IC 12-24-6, the meaning set forth in
521465 IC 12-24-6-1.
531466 (8) (9) For purposes of IC 12-24-14, the meaning set forth in
541467 IC 12-24-14-1.
551468 (9) (10) For purposes of IC 12-30-7, the meaning set forth in
561469 IC 12-30-7-3.
571470 SECTION 3. IC 12-7-2-139.3 IS REPEALED [EFFECTIVE JULY
581471 1, 2023]. Sec. 139.3. "Pilot fund", for purposes of IC 12-17.2-7.2, has
591472 the meaning set forth in IC 12-17.2-7.2-4.7.
601473 SECTION 4. IC 12-17.2-3.8-5, AS AMENDED BY P.L.139-2022,
611474 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
621475 JULY 1, 2023]: Sec. 5. (a) The early learning advisory committee is
1476+EH 1591—LS 7239/DI 143 34
631477 established to do the following:
641478 (1) Establish child developmental and educational goals for
651479 Indiana's early learning system, including the development of
661480 standards and objectives for early education programs that receive
671481 state or federal funds.
681482 (2) Design and maintain an approach to measuring progress
691483 toward the goals established under subdivision (1) that include
701484 objective measures of academic quality.
711485 (3) Assess the attainment of the goals established under
721486 subdivision (1) and evaluate the efficacy of state and federal
731487 spending on Indiana's early learning system.
741488 (4) Assess whether the requirements for early education program
751489 licensure:
761490 (A) create an equitable standard for health and safety across all
771491 early education program types;
781492 (B) reinforce the goals established under subdivision (1); and
79-HEA 1591 — CC 1 3
801493 (C) support the sustainability of Indiana's early learning
811494 system.
821495 (5) Conduct periodic statewide needs assessments concerning the
831496 quality and availability of early education programs for children
841497 from birth to the age of school entry, including the availability of
851498 high quality prekindergarten education for low income children
861499 in Indiana.
871500 (6) Identify opportunities for, and barriers to, collaboration and
881501 coordination among federally and state funded child development,
891502 child care, and early childhood education programs and services,
901503 including governmental agencies that administer the programs
911504 and services.
921505 (7) Design early education workforce strategies, including
931506 recommendations on how to advance professional development.
941507 (8) Assess the capacity and effectiveness of pathways to support
951508 training and recruitment of early educators.
961509 (9) Not later than November 30 of each year, develop and make
971510 recommendations to the governor and, in an electronic format
981511 under IC 5-14-6, to the legislative council concerning the results
991512 of the committee's work under subdivisions (1) through (8).
1001513 (10) Not later than July 1, 2024, commission a third party
1011514 evaluation to assess existing regulations for child care
1021515 providers and provide recommendations to:
1031516 (A) maintain health and safety standards;
1041517 (B) streamline administrative burdens, program
1051518 standards, and reporting requirements for child care
1519+EH 1591—LS 7239/DI 143 35
1061520 providers;
1071521 (C) provide flexibility for a child care provider with a
1081522 Level 3 or Level 4 paths to QUALITY program rating to
1091523 expand to other locations; and
1101524 (D) assist accredited kindergarten through grade 12
1111525 institutions in establishing and providing high quality
1121526 onsite child care and early learning programs.
113-This subdivision expires January 1, 2025.
1141527 (11) Not later than December 31, 2023, develop
1151528 recommendations for implementing a revised paths to
1161529 QUALITY program that:
1171530 (A) maintains health and safety standards;
1181531 (B) integrates objective measures of kindergarten
1191532 readiness;
1201533 (C) contemplates accredited kindergarten through grade
1211534 12 institutions as onsite providers; and
122-HEA 1591 — CC 1 4
1231535 (D) incentivizes child care providers to increase wages for
1241536 child care workers who complete education and training
1251537 that result in a postsecondary degree or industry
1261538 recognized credential.
127-This subdivision expires July 1, 2024.
1281539 (b) The committee consists of the following thirteen (13) members:
1291540 (1) The secretary of education or the secretary's designee.
1301541 (2) The secretary of family and social services or the secretary's
1311542 designee.
1321543 (3) Seven (7) members appointed by the governor as follows:
1331544 (A) A representative of an organization with an interest in
1341545 training the early childhood education workforce.
1351546 (B) A representative of a Head Start program under 42 U.S.C.
1361547 9831 et seq.
1371548 (C) A member of the general public who has an interest in
1381549 early childhood education.
1391550 (D) A representative of an early childhood education provider.
1401551 (E) A representative from a school corporation who has an
1411552 interest in strengthening the transition from early childhood
1421553 education to elementary education.
1431554 (F) A representative of business with an interest in early
1441555 childhood education.
1451556 (G) A representative of the nonprofit or philanthropic
1461557 community with an interest in early childhood education.
1471558 (4) One (1) member who:
1481559 (A) is appointed by the speaker of the house of representatives;
1491560 (B) is not a member of the general assembly; and
1501561 (C) shall serve as a nonvoting member.
1562+EH 1591—LS 7239/DI 143 36
1511563 (5) One (1) member who:
1521564 (A) is appointed by the president pro tempore of the senate;
1531565 (B) is not a member of the general assembly; and
1541566 (C) shall serve as a nonvoting member.
1551567 (6) One (1) member who:
1561568 (A) is appointed by the minority leader of the house of
1571569 representatives;
1581570 (B) is not a member of the general assembly; and
1591571 (C) shall serve as a nonvoting member.
1601572 (7) One (1) member who:
1611573 (A) is appointed by the minority leader of the senate;
1621574 (B) is not a member of the general assembly; and
1631575 (C) shall serve as a nonvoting member.
1641576 (c) Subject to section 5.1 of this chapter, members appointed under
165-HEA 1591 — CC 1 5
1661577 subsection (b)(3) through (b)(7) serve for three (3) year terms. The
1671578 members of the committee serve at the pleasure of the appointing
1681579 authority.
1691580 (d) The governor shall appoint a member of the committee to serve
1701581 as chairperson of the committee. The committee shall meet at least six
1711582 (6) times each calendar year at the call of the chairperson.
1721583 (e) The division shall, in consultation with the department of
1731584 education, staff the committee.
1741585 (f) The expenses of the committee shall be paid from the funds of
1751586 the division.
1761587 (g) Each member of the committee who is not a state employee is
1771588 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
1781589 The member is also entitled to reimbursement for traveling expenses
1791590 as provided under IC 4-13-1-4 and other expenses actually incurred in
1801591 connection with the member's duties as provided in the state policies
1811592 and procedures established by the Indiana department of administration
1821593 and approved by the budget agency.
1831594 (h) Each member of the committee who is a state employee but who
1841595 is not a member of the general assembly is entitled to reimbursement
1851596 for traveling expenses as provided under IC 4-13-1-4 and other
1861597 expenses actually incurred in connection with the member's duties as
1871598 provided in the state policies and procedures established by the Indiana
1881599 department of administration and approved by the budget agency.
1891600 (i) Each member of the committee who is a member of the general
1901601 assembly is entitled to receive the same per diem, mileage, and travel
1911602 allowances paid to legislative members of interim study committees
1921603 established by the legislative council. Per diem, mileage, and travel
1931604 allowances paid under this section shall be paid from appropriations
1605+EH 1591—LS 7239/DI 143 37
1941606 made to the legislative council or the legislative services agency.
1951607 (j) The affirmative votes of a majority of the voting members
1961608 appointed to the committee are required for the committee to take
1971609 action on any measure, including final reports.
198-SECTION 5. IC 12-17.2-4-2, AS AMENDED BY P.L.128-2012,
199-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
200-JULY 1, 2023]: Sec. 2. (a) A license may be issued only if a child care
201-center is in compliance with food, health, safety, and sanitation
202-standards as determined by the division under rules adopted by the
203-division under IC 12-17.2-2-4 or in accordance with a variance or
204-waiver approved by the division under IC 12-17.2-2-10.
205-(b) A license may be issued only if the child care center is in
206-substantial compliance with the fire and life safety rules as determined
207-by the state fire marshal under rules adopted by the division under
208-HEA 1591 — CC 1 6
209-IC 12-17.2-2-4 or in accordance with a variance or waiver approved by
210-the division under IC 12-17.2-2-10.
211-(c) The division may issue a waiver or variance regarding a
212-determination by the division or the state fire marshal under
213-subsections (a) and (b).
214-(d) At least one (1) adult individual who maintains annual current
215-certification in a course of cardiopulmonary resuscitation applicable to
216-all age groups of children cared for by the child care center shall be
217-present at all times when a child is in the care of a child care center.
218-Certifications accepted under this subsection must include a live
219-return demonstration of skills.
220-(e) An individual who:
221-(1) is employed; or
222-(2) volunteers;
223-as a caregiver at a child care center shall maintain current certification
224-in first aid applicable to all age groups of children cared for by the
225-child care center.
226-SECTION 6. IC 12-17.2-5-18.2 IS AMENDED TO READ AS
227-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18.2. (a) At least one
228-(1) adult individual who maintains annual current certification in a
229-course of cardiopulmonary resuscitation applicable to all age groups of
230-children cared for by the child care home shall be present at all times
231-when a child is in the care of a child care home. Certifications
232-accepted under this subsection must include a live return
233-demonstration of skills.
234-(b) An individual who:
235-(1) is employed; or
236-(2) volunteers;
237-as a caregiver at a child care home shall maintain current certification
238-in first aid applicable to all age groups of children cared for by the
239-child care home.
240-SECTION 7. IC 12-17.2-6-7.5, AS ADDED BY P.L.9-2020,
241-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
242-JULY 1, 2023]: Sec. 7.5. (a) At least one (1) adult individual who
243-maintains annual current certification in a course of cardiopulmonary
244-resuscitation applicable to all age groups of children cared for by the
245-child care ministry shall be present at all times when a child is in the
246-care of a child care ministry. Certifications accepted under this
247-subsection must include a live return demonstration of skills.
248-(b) An individual who:
249-(1) is employed; or
250-(2) volunteers;
251-HEA 1591 — CC 1 7
252-as a caregiver at a child care ministry shall maintain current
253-certification in first aid applicable to all age groups of children cared
254-for by the child care ministry.
255-SECTION 8. IC 12-17.2-7.2-2.5, AS ADDED BY P.L.268-2019,
1610+SECTION 5. IC 12-17.2-7.2-2.5, AS ADDED BY P.L.268-2019,
2561611 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2571612 JULY 1, 2023]: Sec. 2.5. As used in this chapter, "limited eligibility
2581613 child" refers to an individual who:
2591614 (1) is at least four (4) years of age and less than five (5) years of
2601615 age on August 1 of the state fiscal year for which a grant is sought
2611616 under the prekindergarten pilot program;
2621617 (2) is a resident of Indiana or otherwise has legal settlement in
2631618 Indiana, as determined under IC 20-26-11;
2641619 (3) receives qualified early education services from an eligible
2651620 provider, as determined by the office;
2661621 (4) has a parent or guardian who agrees to ensure that the child
2671622 meets the attendance requirements determined by the office;
2681623 (5) has a parent or guardian who participates in a parental
2691624 engagement and involvement component provided by the eligible
2701625 provider;
2711626 (6) is a member of a household with an annual income that does
2721627 not exceed one hundred eighty-five percent (185%) of the federal
2731628 poverty level;
2741629 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
2751630 chapter; and
2761631 (8) is not an eligible child.
277-SECTION 9. IC 12-17.2-7.2-4.7, AS ADDED BY P.L.184-2017,
1632+SECTION 6. IC 12-17.2-7.2-4.7, AS ADDED BY P.L.184-2017,
2781633 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2791634 JULY 1, 2023]: Sec. 4.7. As used in this chapter, "pilot "fund" refers
2801635 to the prekindergarten pilot program fund established by section 13.5
2811636 of this chapter.
282-SECTION 10. IC 12-17.2-7.2-5, AS AMENDED BY P.L.184-2017,
1637+SECTION 7. IC 12-17.2-7.2-5, AS AMENDED BY P.L.184-2017,
2831638 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2841639 JULY 1, 2023]: Sec. 5. As used in this chapter, "prekindergarten pilot
2851640 program" refers to the prekindergarten pilot program established under
2861641 section 7 of this chapter.
287-SECTION 11. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019,
1642+SECTION 8. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019,
2881643 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2891644 JULY 1, 2023]: Sec. 7. (a) The office may establish a prekindergarten
2901645 pilot program is established to provide grants for:
2911646 (1) qualified early education services in a manner consistent with
2921647 how funds are distributed under the Child Care and Development
1648+EH 1591—LS 7239/DI 143 38
2931649 Fund (CCDF) grant program; and
294-HEA 1591 — CC 1 8
2951650 (2) expansion plans as described in section 7.4(a)(2) of this
2961651 chapter.
2971652 (b) The office shall administer the prekindergarten pilot program.
2981653 The prekindergarten pilot program may include:
2991654 (1) eligible providers in Indiana; and
3001655 (2) potential eligible providers or existing eligible providers as
3011656 described in section 7.4 of this chapter.
3021657 (c) Before July 1, 2017, the prekindergarten pilot program includes
3031658 eligible providers in the following pilot counties:
3041659 (1) Allen.
3051660 (2) Jackson.
3061661 (3) Lake.
3071662 (4) Marion.
3081663 (5) Vanderburgh.
3091664 The total number of grants the office awards to eligible children in a
3101665 county listed in this subsection during a state fiscal year may not be
3111666 less than the total number of grants the office awarded to eligible
3121667 children in that county during the immediately preceding state fiscal
3131668 year unless the office determines that there is an insufficient number of
3141669 eligible children or eligible providers in the county to justify the total
3151670 number of grants for that county. Beginning July 1, 2020, the total
3161671 number of grants during the immediately preceding state fiscal year
3171672 shall include the number of grants issued under a preschool program
3181673 established in March 2015 that operates in a consolidated city.
3191674 (d) After June 30, 2017, and before July 1, 2019, in addition to the
3201675 counties listed under subsection (c), the prekindergarten pilot program
3211676 includes eligible providers in fifteen (15) additional counties. In
3221677 determining which counties are designated as pilot counties under this
3231678 subsection, the office shall give preference to counties that are
3241679 primarily rural. The total number of grants the office awards to eligible
3251680 children in a county designated under this subsection during a state
3261681 fiscal year may not be less than the total number of grants the office
3271682 awarded to eligible children in that county during the immediately
3281683 preceding state fiscal year unless the office determines that there is an
3291684 insufficient number of eligible children or eligible providers in the
3301685 county to justify the total number of grants for that county.
3311686 (e) In addition to the counties listed in subsection (c) and counties
3321687 designated under subsection (d), (d) The prekindergarten pilot program
3331688 includes eligible providers in any county in Indiana.
3341689 (f) (e) Subject to the requirements of this chapter, the office shall
3351690 determine:
1691+EH 1591—LS 7239/DI 143 39
3361692 (1) the eligibility requirements, application process, and selection
337-HEA 1591 — CC 1 9
3381693 process for awarding grants under the prekindergarten pilot
3391694 program;
3401695 (2) the administration and reporting requirements for:
3411696 (A) eligible providers; and
3421697 (B) potential eligible providers or existing eligible providers;
3431698 participating in the prekindergarten pilot program; and
3441699 (3) with the assistance of the early learning advisory committee,
3451700 an appropriate outcomes based accountability system for:
3461701 (A) eligible providers; and
3471702 (B) potential eligible providers or existing eligible providers.
3481703 (g) Before implementing the prekindergarten pilot program, the
3491704 office shall submit the provisions of the prekindergarten pilot program
3501705 to the state board of education for the state board of education's review
3511706 and comment.
3521707 (h) (f) The office shall, subject to the availability of funding,
3531708 determine the number of eligible children who will participate in the
3541709 prekindergarten pilot program. After December 31, 2019, the office
3551710 shall, subject to the availability of funding, determine the number of
3561711 limited eligibility children who will participate in the prekindergarten
3571712 pilot program.
358-SECTION 12. IC 12-17.2-7.2-7.3, AS AMENDED BY
359-P.L.268-2019, SECTION 10, IS AMENDED TO READ AS
360-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.3. The office shall
361-require, for an eligible provider to enroll in the prekindergarten pilot
362-program, that the eligible provider agree to the following:
1713+SECTION 9. IC 12-17.2-7.2-7.3, AS AMENDED BY P.L.268-2019,
1714+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1715+JULY 1, 2023]: Sec. 7.3. The office shall require, for an eligible
1716+provider to enroll in the prekindergarten pilot program, that the eligible
1717+provider agree to the following:
3631718 (1) Comply on a continuing basis with the requirements under this
3641719 chapter and rules for participation established by the office.
3651720 (2) Maintain eligibility under this chapter throughout the
3661721 prekindergarten program year.
3671722 (3) Report immediately any changes in eligibility status to the
3681723 office, including the eligible provider's loss of national or regional
3691724 accreditation.
3701725 (4) Participate in any training and mandatory meetings required
3711726 by the office.
3721727 (5) Participate in all onsite visits conducted by the office,
3731728 including fiscal auditing activities with regard to the
3741729 prekindergarten pilot program and prekindergarten program
3751730 activity monitoring.
3761731 (6) Allow families of eligible or limited eligibility children
3771732 enrolled in the prekindergarten program of the eligible provider
3781733 to visit at any time the prekindergarten program is in operation.
1734+EH 1591—LS 7239/DI 143 40
3791735 (7) Maintain accurate online attendance records through the
380-HEA 1591 — CC 1 10
3811736 attendance portal for eligible or limited eligibility children
3821737 enrolled in the prekindergarten pilot program and submit
3831738 attendance records as required by the office.
3841739 (8) Offer parental engagement and involvement activities in the
3851740 prekindergarten program of the eligible provider in alignment
3861741 with the family engagement framework adopted by the early
3871742 learning advisory committee established by IC 12-17.2-3.8-5.
3881743 (9) Complete, within the period established by the office, the
3891744 Indiana early childhood family engagement toolkit, including the
3901745 family engagement self-assessment, adopted by the early learning
3911746 advisory committee.
3921747 (10) Share information on the family engagement self-assessment
3931748 described in subdivision (9) as required by the office.
3941749 (11) Participate in research studies as required by the office.
3951750 (12) Enforce minimum attendance requirements of at least
3961751 eighty-five percent (85%) of the days that the prekindergarten
3971752 program of the eligible provider is offered to an eligible or limited
3981753 eligibility child.
3991754 (13) Inform the office that an eligible or limited eligibility child
4001755 has withdrawn from the prekindergarten program of the eligible
4011756 provider not later than five (5) days after the eligible or limited
4021757 eligibility child is withdrawn.
4031758 (14) That retroactive repayment to the state may be required or
4041759 future payments may be adjusted as a result of the withdrawal of
4051760 an eligible or limited eligibility child or changes in the law.
4061761 (15) Maintain records of participation by a family of an eligible
4071762 or limited eligibility child in family engagement activities and
4081763 submit records as required by the office.
4091764 (16) Promote an eligible or limited eligibility child's social,
4101765 emotional, and behavioral health and eliminate or severely limit
4111766 the use of expulsion, suspension, and other exclusionary
4121767 discipline practices.
4131768 (17) Use the exclusionary discipline practices described in
4141769 subdivision (16) only as a last resort in extraordinary
4151770 circumstances when there is a determination of a serious safety
4161771 threat that cannot otherwise be reduced or eliminated by the
4171772 provision of reasonable modifications.
4181773 (18) Inform and receive approval from the office before the
4191774 eligible provider expels, suspends, or uses other exclusionary
4201775 discipline practices.
4211776 (19) Assist a parent or guardian, upon request by the parent or
1777+EH 1591—LS 7239/DI 143 41
4221778 guardian, in obtaining information from, referral to, or both
423-HEA 1591 — CC 1 11
4241779 information from and referral to, the public school that serves the
4251780 attendance area in which the parent or guardian resides for an
4261781 educational evaluation and determination of eligibility for special
4271782 education services if developmental delays or reasons to suspect
4281783 a disability are observed by the parent, guardian, or teacher of an
4291784 eligible or limited eligibility child during the prekindergarten
4301785 program year.
431-SECTION 13. IC 12-17.2-7.2-7.4, AS AMENDED BY
1786+SECTION 10. IC 12-17.2-7.2-7.4, AS AMENDED BY
4321787 P.L.268-2019, SECTION 11, IS AMENDED TO READ AS
4331788 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.4. (a) To qualify as
4341789 a potential eligible provider or existing eligible provider, an applicant
4351790 must:
4361791 (1) provide an expansion plan to the office that details the
4371792 potential eligible provider's or existing eligible provider's plan to:
4381793 (A) increase the capacity of providers of qualified early
4391794 education services to serve a greater number of eligible or
4401795 limited eligibility children;
4411796 (B) increase the number of providers of qualified early
4421797 education services; or
4431798 (C) increase the capacity as described in clause (A) and
4441799 increase the number as described in clause (B);
4451800 (2) comply with the agreement with the office concerning the plan
4461801 under subdivision (1) and the use of a grant awarded under this
4471802 chapter;
4481803 (3) agree:
4491804 (A) to operate as an eligible provider; or
4501805 (B) that the applicant intends to operate as an eligible
4511806 provider;
4521807 (4) agree that the applicant will not use any grant funds awarded
4531808 under this section for capital expenditures; and
4541809 (5) comply with any other standards and procedures established
4551810 under this chapter.
4561811 (b) Subject to subsections (c) and (d), the office may award a grant
4571812 to an applicant that meets the requirements of subsection (a).
4581813 (c) The office may not use more than a total of twenty percent (20%)
4591814 of the money in the pilot fund each state fiscal year:
4601815 (1) for grants awarded under this chapter to potential eligible
4611816 providers and existing eligible providers for expansion plans; and
4621817 (2) to meet any state match amounts required for a federal grant
4631818 described in subsection (f).
4641819 (d) The office may not award grant funds under this section to an
1820+EH 1591—LS 7239/DI 143 42
4651821 applicant for any of the following:
466-HEA 1591 — CC 1 12
4671822 (1) The purchase of land or a building.
4681823 (2) The construction or expansion of a building.
4691824 (e) If a potential eligible provider or existing eligible provider fails
4701825 to:
4711826 (1) use the grant funds in accordance with the expansion plan
4721827 described in subsection (a); or
4731828 (2) comply with the agreement entered into with the office under
4741829 subsection (a);
4751830 the potential eligible provider or existing eligible provider shall repay
4761831 to the office the total amount of the grant awarded to the potential
4771832 eligible provider or existing eligible provider under this chapter.
4781833 (f) The office may use money in the pilot fund that is allocated for
4791834 expansion plans under this section for a state fiscal year to meet any
4801835 state match amounts required for a federal grant if the purpose of the
4811836 federal grant is that the grant money be used for increasing:
4821837 (1) the capacity;
4831838 (2) the number; or
4841839 (3) both the capacity and number;
4851840 of providers of early education services for children four (4) years of
4861841 age.
487-SECTION 14. IC 12-17.2-7.2-7.5, AS AMENDED BY
1842+SECTION 11. IC 12-17.2-7.2-7.5, AS AMENDED BY
4881843 P.L.184-2017, SECTION 24, IS AMENDED TO READ AS
4891844 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.5. The office may
4901845 adopt rules under IC 4-22-2 concerning the implementation and the
4911846 administration of the prekindergarten pilot program.
492-SECTION 15. IC 12-17.2-7.2-7.8, AS AMENDED BY
1847+SECTION 12. IC 12-17.2-7.2-7.8, AS AMENDED BY
4931848 P.L.268-2019, SECTION 12, IS AMENDED TO READ AS
4941849 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.8. (a) The office shall
4951850 make random onsite inspections each year, as determined necessary by
4961851 the office, at the facility of:
4971852 (1) an eligible provider; or
4981853 (2) a potential eligible provider or existing eligible provider;
4991854 that receives a grant under this chapter.
5001855 (b) The office may determine that an eligible provider or potential
5011856 eligible provider or existing eligible provider is not eligible to receive
5021857 a grant under the prekindergarten pilot program if the eligible provider
5031858 or potential eligible provider or existing eligible provider:
5041859 (1) fails to comply with this chapter; or
5051860 (2) refuses to allow, during normal business hours, the office or
5061861 an agent of the office to inspect the facility at which the eligible
5071862 provider or potential eligible provider or existing eligible provider
1863+EH 1591—LS 7239/DI 143 43
5081864 operates a child care program for eligible or limited eligibility
509-HEA 1591 — CC 1 13
5101865 children.
511-SECTION 16. IC 12-17.2-7.2-8.1, AS AMENDED BY
1866+SECTION 13. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019,
1867+SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1868+JULY 1, 2023]: Sec. 8. (a) The office shall determine:
1869+(1) which applicants shall be awarded a grant; and
1870+(2) subject to subsection (b) and to the availability of funding, the
1871+amount of each grant.
1872+(b) At least five percent (5%) but not more than fifty percent (50%)
1873+of the:
1874+(1) tuition for eligible or limited eligibility children under the
1875+prekindergarten pilot program; or
1876+(2) expansion plan described in section 7.4(a) of this chapter;
1877+during the state fiscal year must be paid from donations, gifts, grants,
1878+bequests, and other funds received from a private entity or person, from
1879+the United States government, or from other sources (excluding funds
1880+from a grant provided under this chapter and excluding other state
1881+funding). The office may receive and administer grants on behalf of the
1882+prekindergarten pilot program. The grants shall be distributed by the
1883+office to fulfill the requirements of this subsection.
1884+(c) (b) The amount of a grant made under the pilot program to an
1885+eligible or limited eligibility child:
1886+(1) who attends a prekindergarten program full time must equal
1887+at least two thousand five hundred dollars ($2,500) during the
1888+state fiscal year; and
1889+(2) may not exceed six thousand eight hundred dollars ($6,800)
1890+from state money provided under this chapter during the state
1891+fiscal year.
1892+SECTION 14. IC 12-17.2-7.2-8.1, AS AMENDED BY
5121893 P.L.216-2021, SECTION 5, IS AMENDED TO READ AS FOLLOWS
5131894 [EFFECTIVE JULY 1, 2023]: Sec. 8.1. (a) If funds are appropriated by
5141895 the general assembly, grants to limited eligibility children may not
5151896 exceed:
5161897 (1) twenty percent (20%) of the amount appropriated for a
5171898 particular state fiscal year if families with children four (4) years
5181899 of age are on the waiting list for funds available under the Child
5191900 Care Development Fund; or
5201901 (2) forty percent (40%) of the amount appropriated for a
5211902 particular state fiscal year if there is no waiting list for children
5221903 four (4) years of age for funds available under the Child Care
5231904 Development Fund.
5241905 (b) During the priority enrollment period, the office shall provide
1906+EH 1591—LS 7239/DI 143 44
5251907 grants to eligible children in the prekindergarten pilot program on a
5261908 first-come, first-served basis. The office shall date stamp and reserve
5271909 applications for limited eligibility children received during the priority
5281910 enrollment period for processing during the extended enrollment
5291911 period.
5301912 (c) During the extended enrollment period, the office shall provide
5311913 grants to eligible children and limited eligibility children in the
5321914 prekindergarten pilot program on a first-come, first-served basis to the
5331915 extent of available funding and in accordance with the limit established
5341916 by subsection (a).
535-SECTION 17. IC 12-17.2-7.2-11, AS AMENDED BY
1917+SECTION 15. IC 12-17.2-7.2-11, AS AMENDED BY
5361918 P.L.165-2021, SECTION 142, IS AMENDED TO READ AS
5371919 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Except as provided
5381920 under IC 20-51-1-4.3(4)(E), the receipt of a grant under the pilot
5391921 prekindergarten program does not qualify, nor have an effect on the
5401922 qualification or eligibility, of a child for a choice scholarship under
5411923 IC 20-51-4.
542-SECTION 18. IC 12-17.2-7.2-12, AS AMENDED BY
1924+SECTION 16. IC 12-17.2-7.2-12, AS AMENDED BY
5431925 P.L.184-2017, SECTION 29, IS AMENDED TO READ AS
544-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) At least once
545-every five (5) years, the office, in cooperation with the department
546-of education, shall carry out a longitudinal study of students who
547-participate in the prekindergarten pilot program to determine the
548-achievement levels of those students in kindergarten and later grades.
1926+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) The office, in
1927+cooperation with the department of education, shall periodically
1928+carry out a longitudinal study of students who participate in the
1929+prekindergarten pilot program to determine the achievement levels of
1930+those students in kindergarten and later grades.
5491931 (b) The longitudinal study must include a comparison of test and
5501932 assessment results in grade 3 of:
5511933 (1) the eligible children who participated in the prekindergarten
552-HEA 1591 — CC 1 14
5531934 pilot program; and
5541935 (2) a control group determined by the office that consists of
5551936 children who did not participate in the prekindergarten pilot
5561937 program.
5571938 (c) The office may, after consulting with the state board of
5581939 education, enter into a contract with one (1) or more persons to carry
5591940 out the longitudinal study under this section. The office may expend
5601941 not more than one million dollars ($1,000,000) from the funds
5611942 appropriated under section 9 of this chapter (repealed) to carry out the
5621943 longitudinal study.
563-SECTION 19. IC 12-17.2-7.2-13, AS AMENDED BY
1944+SECTION 17. IC 12-17.2-7.2-13, AS AMENDED BY
5641945 P.L.268-2019, SECTION 15, IS AMENDED TO READ AS
5651946 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The office shall,
5661947 before November 1 of each year, submit a report to the governor, the
5671948 budget committee, the state board of education, the department of
1949+EH 1591—LS 7239/DI 143 45
5681950 education, and, in an electronic format under IC 5-14-6, the general
5691951 assembly regarding the prekindergarten pilot program.
5701952 (b) The report under subsection (a) must include the following:
5711953 (1) The total number of children who received a grant under the
5721954 prekindergarten pilot program for the immediately preceding state
5731955 fiscal year, disaggregated by county.
5741956 (2) The total amount of funds budgeted for and spent under the
5751957 prekindergarten pilot program during the immediately preceding
5761958 state fiscal year.
5771959 (3) The balance remaining in the pilot fund at the end of the
5781960 immediately preceding state fiscal year.
579-SECTION 20. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019,
1961+SECTION 18. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019,
5801962 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5811963 JULY 1, 2023]: Sec. 13.1. The office shall post monthly on the office's
5821964 Internet web site website the total enrollment of and number of grants
5831965 awarded to:
5841966 (1) all eligible children (before January 1, 2020); and
5851967 (2) after December 31, 2019, both:
5861968 (A) all eligible children; and
5871969 (B) all limited eligibility children;
5881970 for each county that participates in the prekindergarten pilot program.
589-SECTION 21. IC 12-17.2-7.2-13.5, AS AMENDED BY
1971+SECTION 19. IC 12-17.2-7.2-13.5, AS AMENDED BY
5901972 P.L.156-2020, SECTION 60, IS AMENDED TO READ AS
5911973 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) The
5921974 prekindergarten pilot program fund is established to:
5931975 (1) provide grants to eligible or limited eligibility children for
5941976 qualified early education services under this chapter;
595-HEA 1591 — CC 1 15
5961977 (2) carry out the longitudinal study described in section 12 of this
5971978 chapter;
5981979 (3) provide grants to potential eligible providers and existing
5991980 eligible providers as set forth in section 7.4 of this chapter; and
6001981 (4) make payments to reimburse costs incurred to provide
6011982 in-home early education services under IC 12-17.2-7.5.
6021983 (b) The fund consists of:
6031984 (1) money appropriated to the fund by the general assembly; and
6041985 (2) grants or gifts to the fund.
6051986 (c) The fund shall be administered by the office.
6061987 (d) The expenses of administering the fund shall be paid from
6071988 money in the fund.
6081989 (e) Money in the fund is continuously appropriated for the purposes
6091990 provided under this article.
6101991 (f) The treasurer of state shall invest the money in the fund not
1992+EH 1591—LS 7239/DI 143 46
6111993 currently needed to meet the obligations of the fund in the same
6121994 manner as other public funds may be invested.
613-SECTION 22. IC 12-17.2-7.2-14 IS REPEALED [EFFECTIVE
1995+SECTION 20. IC 12-17.2-7.2-14 IS REPEALED [EFFECTIVE
6141996 JULY 1, 2023]. Sec. 14. This chapter expires July 1, 2026.
615-SECTION 23. IC 12-17.2-7.5-4, AS AMENDED BY P.L.165-2021,
1997+SECTION 21. IC 12-17.2-7.5-4, AS AMENDED BY P.L.165-2021,
6161998 SECTION 143, IS AMENDED TO READ AS FOLLOWS
6171999 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) After completing the review
6182000 under section 3 of this chapter, the office may develop and implement
6192001 a reimbursement program to reimburse costs that are incurred by a
6202002 parent or guardian of a child to provide in-home early education
6212003 services to the child.
6222004 (b) If the office develops and implements a reimbursement program
6232005 under subsection (a), the office may not give preference to a child
6242006 located in a county that does not have a child care provider that meets
6252007 the standards of quality recognized by a Level 3 or Level 4 Paths to
6262008 QUALITY program rating located in the county.
6272009 (c) The office may develop reimbursement rates for the
6282010 reimbursement of in-home early education services.
6292011 (d) Reimbursement by the office under this section may be funded
6302012 from any of the following sources:
6312013 (1) Federal grants.
6322014 (2) State appropriations.
6332015 (3) Money from a political subdivision (as defined in
6342016 IC 36-1-2-13).
6352017 (4) Money from the prekindergarten pilot program fund
6362018 established by IC 12-17.2-7.2-13.5.
637-SECTION 24. IC 20-18-2-22, AS AMENDED BY P.L.165-2021,
638-HEA 1591 — CC 1 16
2019+SECTION 22. IC 20-18-2-22, AS AMENDED BY P.L.165-2021,
6392020 SECTION 148, IS AMENDED TO READ AS FOLLOWS
6402021 [EFFECTIVE JULY 1, 2023]: Sec. 22. (a) "Teacher" means a
6412022 professional person whose position in a school corporation requires
6422023 certain educational preparation and licensing and whose primary
6432024 responsibility is the instruction of students.
644-(b) Except as provided in subsection subsections (d) and (e), for
645-purposes of IC 20-28, the term includes the following:
2025+(b) Except as provided in subsection (d), for purposes of IC 20-28,
2026+the term includes the following:
6462027 (1) A superintendent who holds a license under IC 20-28-5.
6472028 (2) A principal.
6482029 (3) A teacher.
6492030 (4) A librarian.
6502031 (5) A school counselor.
6512032 (6) A school psychologist.
6522033 (c) For purposes of IC 20-43-10-3.5, the term means a professional
6532034 person whose position with a:
2035+EH 1591—LS 7239/DI 143 47
6542036 (1) school corporation;
6552037 (2) special education cooperative established under IC 20-35-5;
6562038 (3) cooperative career and technical education program;
6572039 (4) special education program established by an interlocal
6582040 agreement under IC 36-1-7;
6592041 (5) joint program agreement established under IC 20-26-10; or
6602042 (6) charter school;
6612043 requires a license (as defined in IC 20-28-1-7) and whose primary
6622044 responsibility is the instruction of students in the classroom or virtual
6632045 classroom.
664-(d) "Teacher" for purposes of IC 20-28-9-26 and IC 20-28-9-27, and
2046+(d) "Teacher" for purposes of IC 20-28-9-26 and IC 20-28-9-27 and
6652047 IC 20-28-9-28, means a classroom teacher licensed under IC 20-28-5
6662048 who provides instruction to students for at least fifty percent (50%) of
6672049 the teacher's work day.
6682050 (e) For purposes of IC 20-28-9-28, the term includes an adjunct
669-teacher, school counselor, and permanent substitute teacher
670-employed by a school corporation.
671-SECTION 25. IC 20-19-3-17, AS ADDED BY P.L.186-2018,
2051+teacher, school psychologist, school counselor, permanent
2052+substitute teacher, school social worker, school librarian, and
2053+speech-language pathologist or audiologist employed by a school
2054+corporation.
2055+SECTION 23. IC 20-19-3-17, AS ADDED BY P.L.186-2018,
6722056 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6732057 JULY 1, 2023]: Sec. 17. (a) As used in this section, "foster care" has
6742058 the meaning set forth in IC 31-9-2-46.7.
6752059 (b) As used in this section, "foster care youth" means students in
6762060 foster care.
6772061 (c) As used in this section, "graduation rate" has the meaning set
6782062 forth in IC 20-26-13-6.
6792063 (d) The state board shall, in collaboration with the department and
6802064 the department of child services, annually prepare a report on foster
681-HEA 1591 — CC 1 17
6822065 care youth educational outcomes that includes the following:
6832066 (1) The annual graduation rate of foster care youth, including the
6842067 following information:
6852068 (A) The graduation rate for each of the following:
6862069 (i) Foster care youth who received a graduation waiver
6872070 under IC 20-32-4-4.
6882071 (ii) Foster care youth who did not receive a graduation
6892072 waiver under IC 20-32-4-4.
6902073 (B) The number and percentage of foster care youth who
6912074 received each type of diploma.
6922075 (2) The adjusted cohort graduation rate for foster care youth,
6932076 including the adjusted cohort graduation rate for each of the
6942077 following:
2078+EH 1591—LS 7239/DI 143 48
6952079 (A) Foster care youth who received a graduation waiver under
6962080 IC 20-32-4-4.
6972081 (B) Foster care youth who did not receive a graduation waiver
6982082 under IC 20-32-4-4.
6992083 (3) The number and percentage for each of the following:
7002084 (A) Foster care youth who were promoted to the next grade
7012085 level at the end of the school year.
7022086 (B) Foster care youth who were retained in the same grade
7032087 level for the next school year.
7042088 (C) Foster care youth who were suspended during the school
7052089 year.
7062090 (D) Foster care youth who were expelled during the school
7072091 year.
7082092 (E) Foster care youth who met academic standards on
7092093 statewide assessment program tests (as defined in
7102094 IC 20-32-2-2.3) administered during the school year.
7112095 The information reported under this subdivision must also be
7122096 disaggregated by race, grade, gender, free or reduced price lunch
7132097 status, and eligibility for special education.
7142098 (4) The number and percentage of eligible foster care youth who
7152099 are enrolled in the prekindergarten pilot program under
7162100 IC 12-17.2-7.2.
7172101 (5) The number and percentage of foster care youth who passed
7182102 the reading skills evaluation administered under IC 20-32-8.5-2.
7192103 (6) The number and percentage of foster care youth enrolled in
7202104 schools, disaggregated by the category or designation of the
7212105 school under IC 20-31-8-3.
7222106 (7) The number and percentage of foster care youth enrolled in
7232107 schools, disaggregated by the type of school, including public
724-HEA 1591 — CC 1 18
7252108 schools, charter schools, and secure private facilities (as defined
7262109 in IC 31-9-2-115).
7272110 (e) Not later than June 30, 2019, the department shall:
7282111 (1) after consulting with the department of child services, develop
7292112 a remediation plan concerning foster care youth; and
7302113 (2) submit a copy of the remediation plan to the following:
7312114 (A) The state board.
7322115 (B) The department of child services.
7332116 (C) The legislative council in an electronic format under
7342117 IC 5-14-6.
7352118 (f) Before April 1, 2019, and before April 1 each year thereafter, the
7362119 department shall submit the report described in subsection (d) to the
7372120 following:
2121+EH 1591—LS 7239/DI 143 49
7382122 (1) Department of child services.
7392123 (2) Legislative council in an electronic format under IC 5-14-6.
740-SECTION 26. IC 20-19-3-18, AS ADDED BY P.L.186-2018,
2124+SECTION 24. IC 20-19-3-18, AS ADDED BY P.L.186-2018,
7412125 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7422126 JULY 1, 2023]: Sec. 18. (a) As used in this section, "graduation rate"
7432127 has the meaning set forth in IC 20-26-13-6.
7442128 (b) The state board shall, in collaboration with the department and
7452129 the department of child services, annually prepare a report on homeless
7462130 youth educational outcomes that includes the following:
7472131 (1) The annual graduation rate of homeless youth, including the
7482132 following information:
7492133 (A) The graduation rate for each of the following:
7502134 (i) Homeless youth who received a graduation waiver under
7512135 IC 20-32-4-4.
7522136 (ii) Homeless youth who did not receive a graduation waiver
7532137 under IC 20-32-4-4.
7542138 (B) The number and percentage of homeless youth who
7552139 received each type of diploma.
7562140 (2) The adjusted cohort graduation rate for homeless youth,
7572141 including the adjusted cohort graduation rate for each of the
7582142 following:
7592143 (A) Homeless youth who received a graduation waiver under
7602144 IC 20-32-4-4.
7612145 (B) Homeless youth who did not receive a graduation waiver
7622146 under IC 20-32-4-4.
7632147 (3) The number and percentage of each of the following:
7642148 (A) Homeless youth who were promoted to the next grade
7652149 level at the end of the school year.
7662150 (B) Homeless youth who were retained in the same grade level
767-HEA 1591 — CC 1 19
7682151 for the next school year.
7692152 (C) Homeless youth who were suspended during the school
7702153 year.
7712154 (D) Homeless youth who were expelled during the school year.
7722155 (E) Homeless youth who met academic standards on statewide
7732156 assessment program tests (as defined in IC 20-32-2-2.3)
7742157 administered during the school year.
7752158 The information reported under this subdivision must also be
7762159 disaggregated by race, grade, gender, free or reduced price lunch
7772160 status, and eligibility for special education.
7782161 (4) The number and percentage of eligible homeless youth who
7792162 are enrolled in the prekindergarten pilot program under
7802163 IC 12-17.2-7.2.
2164+EH 1591—LS 7239/DI 143 50
7812165 (5) The number and percentage of homeless youth who passed the
7822166 reading skills evaluation administered under IC 20-32-8.5-2.
7832167 (6) The number and percentage of homeless youth enrolled in
7842168 schools, disaggregated by the category or designation of the
7852169 school under IC 20-31-8-3.
7862170 (7) The number and percentage of homeless youth enrolled in
7872171 schools, disaggregated by the type of school, including public
7882172 schools, charter schools, and secure private facilities (as defined
7892173 in IC 31-9-2-115).
7902174 (c) Not later than August 31, 2019, the department shall:
7912175 (1) develop a remediation plan concerning homeless youth; and
7922176 (2) submit a copy of the remediation plan to the following:
7932177 (A) The state board.
7942178 (B) The Indiana housing and community development
7952179 authority established by IC 5-20-1-3.
7962180 (C) The legislative council in an electronic format under
7972181 IC 5-14-6.
7982182 (d) Before June 1, 2019, and before June 1 each year thereafter, the
7992183 department shall submit the report described in subsection (b) to the
8002184 following:
8012185 (1) The Indiana housing and community development authority.
8022186 (2) The legislative council in an electronic format under
8032187 IC 5-14-6.
804-SECTION 27. IC 20-19-3-27.5 IS ADDED TO THE INDIANA
2188+SECTION 25. IC 20-19-3-29 IS ADDED TO THE INDIANA
8052189 CODE AS A NEW SECTION TO READ AS FOLLOWS
806-[EFFECTIVE JULY 1, 2023]: Sec. 27.5. The department shall
2190+[EFFECTIVE JULY 1, 2023]: Sec. 29. The department shall
8072191 establish and maintain on the department's website a public data
8082192 base of information provided by each public school in accordance
8092193 with IC 20-26-5-42 concerning employees of each public school
810-HEA 1591 — CC 1 20
8112194 who were physically injured while on the job by students of the
812-public school.
813-SECTION 28. IC 20-19-11 IS ADDED TO THE INDIANA CODE
814-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
815-JULY 1, 2023]:
816-Chapter 11. Posting School Information Provided by the
817-Department
818-Sec. 1. This chapter applies only to the following:
819-(1) A public school, including a charter school.
820-(2) A state accredited nonpublic school.
821-Sec. 2. (a) The department shall do the following:
822-(1) Beginning with the 2022-2023 school year, provide for
823-each school year the following information to each elementary
824-school:
825-(A) The pass rate for the following:
826-(i) The reading skills evaluation administered under
827-IC 20-32-8.5-2.
828-(ii) The ILEARN assessment for English/language arts.
829-(iii) The ILEARN assessment for math.
830-(B) The student chronic absenteeism rate.
831-(C) The per student funding for the elementary school or
832-school corporation, as determined by the department.
833-(2) Beginning with the 2022-2023 school year, provide for
834-each school year the following information to each high
835-school:
836-(A) The average composite SAT score for students enrolled
837-in the high school.
838-(B) The graduation rate.
839-(C) The graduation rate excluding students that receive a
840-graduation waiver under IC 20-32-3 through IC 20-32-5.1.
841-(D) The percentage of all students who enrolled in and
842-passed any of the following:
843-(i) An advanced placement exam.
844-(ii) An international baccalaureate exam.
845-(iii) A dual credit course.
846-(iv) A Cambridge International exam.
847-(E) The per student funding for the high school or school
848-corporation, as determined by the department.
849-(3) Rank the following:
850-(A) The information described in subdivision (1)(A) as
851-compared with all elementary schools described in section
852-1 of this chapter.
853-HEA 1591 — CC 1 21
854-(B) The information described in subdivision (2)(A)
855-through (2)(D) as compared with all high schools described
856-in section 1 of this chapter.
857-(b) In addition to the ranking requirements under subsection
858-(a)(3), the department shall disaggregate the data by free and
859-reduced price lunch quartiles and rank schools accordingly within
860-the quartiles.
861-Sec. 3. Not later than October 15, 2023, and not later than
862-October 15 of each year thereafter, each elementary school and
863-high school shall post the information provided by the department
864-under section 2 of this chapter on the respective school's website
865-home page in a manner and form prescribed by the department.
866-Sec. 4. This chapter expires January 1, 2026.
867-SECTION 29. IC 20-25.7-4-5, AS AMENDED BY P.L.269-2019,
868-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
869-JULY 1, 2023]: Sec. 5. (a) The board shall enter into an agreement
870-with an innovation network team to establish an innovation network
871-school or to reconstitute an eligible school as an innovation network
872-school under section 3 or 4 of this chapter. An innovation network team
873-may consist of or include teachers, a principal, a superintendent, or any
874-combination of these individuals who were employed at the eligible
875-school before the agreement is entered.
876-(b) The terms of the agreement must specify the following:
877-(1) A statement that the innovation network school is considered
878-to be part of the school corporation and not considered a separate
879-local educational agency.
880-(2) A statement that the innovation network team authorizes the
881-department to include the innovation network school's
882-performance assessment results under IC 20-31-8 when
883-calculating the school corporation's performance assessment
884-under rules adopted by the state board.
885-(3) The amount of state and federal funding, including tuition
886-support, and money levied as property taxes that will be
887-distributed by the school corporation to the innovation network
888-school.
889-(4) The performance goals and accountability metrics agreed
890-upon for the innovation network school.
891-(5) Grounds for termination of the agreement, including the right
892-of termination if the innovation network team fails to:
893-(A) comply with the conditions or procedures established in
894-the agreement;
895-(B) meet generally accepted fiscal management and
896-HEA 1591 — CC 1 22
897-government accounting principles;
898-(C) comply with applicable laws; or
899-(D) meet the educational goals set forth in the agreement
900-between the board and the innovation network team.
901-(6) For an agreement entered into or renewed after June 30,
902-2023, the process the board is required to follow in
903-determining whether to renew the agreement.
904-(c) If an agreement is entered into under subsection (a), the board
905-shall notify the department that an agreement has been entered into
906-under this section within thirty (30) days after the agreement is entered
907-into.
908-(d) Upon receipt of the notification under subsection (c), for school
909-years starting after the date of the agreement:
910-(1) the department shall include the innovation network school's
911-performance assessment results under IC 20-31-8 when
912-calculating the school corporation's performance assessment
913-under rules adopted by the state board;
914-(2) the department shall treat the innovation network school in the
915-same manner as a school operated by the school corporation when
916-calculating the total amount of state and federal funding to be
917-distributed to the school corporation; and
918-(3) if requested by an innovation network school established
919-under IC 20-25.5-4-2(a)(2) (before its repeal) or
920-IC 20-25.7-4-4(a)(2), the department may use student growth as
921-the state board's exclusive means to determine the innovation
922-network school's category or designation of school improvement
923-under 511 IAC 6.2-10-10 for a period of three (3) years.
924-Beginning with the 2019-2020 school year, the department may
925-not use student growth as the state board's exclusive means to
926-determine an innovation network school's category or designation
927-of school improvement. This subdivision expires July 1, 2023.
928-A school corporation and an innovation network school are not entitled
929-to any state funding in addition to the amount the school corporation
930-and school would otherwise be eligible to receive if the innovation
931-network school were a public school maintained by the school
932-corporation.
933-(e) If a board or innovation network team fails to follow the
934-renewal process described in subsection (b)(6), the board or
935-innovation network team may appeal to the state board. The state
936-board shall hear the appeal in a public meeting and ensure that the
937-board or innovation network team follows the renewal process
938-specified in the agreement. The board may not terminate an
939-HEA 1591 — CC 1 23
940-agreement until the board has provided evidence to the state board
941-that the board has complied with the renewal process specified in
942-the agreement. The state board shall issue a decision on an appeal
943-under this subsection not later than sixty (60) days after the date
944-the board or innovation network team submitted the appeal to the
945-state board.
946-(f) If an administrative fee is included in an agreement entered
947-into or renewed after June 30, 2023, under this section, the fee may
948-not exceed one percent (1%) of the total amount of state tuition
949-support that is distributed to the school corporation based on the
950-student enrollment of the innovation network school.
951-SECTION 30. IC 20-25.7-4-6, AS ADDED BY P.L.214-2015,
952-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
953-JULY 1, 2023]: Sec. 6. (a) For as long as an innovation network team
954-operates an innovation network school:
955-(1) the innovation network team may use the school building, the
956-accompanying real property, and the building's contents,
957-equipment, and supplies, as provided in the agreement established
958-under section 5 of this chapter; and
959-(2) the school corporation may:
960-(A) provide transportation for students attending the
961-innovation network school; and
962-(B) maintain and repair the buildings and grounds consistent
963-with the maintenance and repair to the school corporation's
964-other buildings and grounds; and
965-(3) the innovation network team and the school corporation
966-may enter into an agreement to transfer the ownership of a
967-school corporation facility to the innovation network team.
968-(b) If an innovation network team contracts with a school
969-corporation for goods or services, the school corporation may not
970-charge the innovation network team more for the goods or services than
971-the school corporation pays for the goods or services. A school
972-corporation may not require an innovation network team to
973-contract for specific goods or services provided by the school
974-corporation or any other entity.
975-(c) A school corporation and an innovation network team may
976-negotiate to require specific services with regard to an innovation
977-network school during the term of an agreement. However, subject
978-to subsection (d), an innovation network team must be able to
979-select the service provider for the services.
980-(d) A school corporation may require an innovation network
981-school to:
982-HEA 1591 — CC 1 24
983-(1) use the school corporation's student information system;
984-and
985-(2) comply with the school corporation's networking,
986-cybersecurity, and device standards.
987-However, nothing in this subsection may be construed to allow a
988-school corporation to alter an innovation network team's
989-autonomy to determine the academic programming of the
990-innovation network team's school.
991-(c) (e) For as long as an innovation network team operates an
992-innovation network school, the school corporation may distribute
993-money levied as property taxes to the innovation network team.
994-Property taxes distributed to an innovation network team must be used
995-only for a purpose for which the property taxes could have been used
996-by the school corporation. Property taxes distributed under this
997-subsection may supplement services and property provided under
998-subsection (a) or (b). The parties may jointly modify an agreement
999-described in section 5 of this chapter to implement this subsection.
1000-(f) An agreement concerning the transfer of ownership of a
1001-school corporation facility to an innovation network team
1002-described in subsection (a) is not subject to IC 20-26-7.1.
1003-SECTION 31. IC 20-25.7-5-2, AS AMENDED BY P.L.165-2021,
1004-SECTION 153, IS AMENDED TO READ AS FOLLOWS
1005-[EFFECTIVE JULY 1, 2023]: Sec. 2. (a) The board may enter into an
1006-agreement with an organizer to reconstitute an eligible school as a
1007-participating innovation network charter school or to establish a
1008-participating innovation network charter school at a location selected
1009-by the board within the boundary of the school corporation.
1010-Notwithstanding IC 20-26-7.1, a participating innovation network
1011-charter school may be established within a vacant school building.
1012-(b) The terms of the agreement entered into between the board and
1013-an organizer must specify the following:
1014-(1) A statement that the organizer authorizes the department to
1015-include the charter school's performance assessment results under
1016-IC 20-31-8 when calculating the school corporation's performance
1017-assessment under rules adopted by the state board.
1018-(2) The amount of state funding, including tuition support (if the
1019-participating innovation network charter school is treated in the
1020-same manner as a school operated by the school corporation
1021-under subsection (d)(2)), and money levied as property taxes that
1022-will be distributed by the school corporation to the organizer.
1023-(3) The performance goals and accountability metrics agreed
1024-upon for the charter school in the charter agreement between the
1025-HEA 1591 — CC 1 25
1026-organizer and the authorizer.
1027-(4) For an agreement entered into or renewed after June 30,
1028-2023, the process the board is required to follow in
1029-determining whether to renew the agreement.
1030-(c) If an organizer and the board enter into an agreement under
1031-subsection (a), the organizer and the board shall notify the department
1032-that the agreement has been made under this section within thirty (30)
1033-days after the agreement is entered into.
1034-(d) Upon receipt of the notification under subsection (c), for school
1035-years starting after the date of the agreement:
1036-(1) the department shall include the participating innovation
1037-network charter school's performance assessment results under
1038-IC 20-31-8 when calculating the school corporation's performance
1039-assessment under rules adopted by the state board;
1040-(2) the department shall treat the participating innovation network
1041-charter school in the same manner as a school operated by the
1042-school corporation when calculating the total amount of state
1043-funding to be distributed to the school corporation unless
1044-subsection (e) applies; and
1045-(3) if requested by a participating innovation network charter
1046-school that reconstitutes an eligible school, the department may
1047-use student growth as the state board's exclusive means to
1048-determine the innovation network charter school's category or
1049-designation of school improvement under 511 IAC 6.2-10-10 for
1050-a period of three (3) years. Beginning with the 2019-2020 school
1051-year, the department may not use student growth as the state
1052-board's exclusive means to determine an innovation network
1053-charter school's category or designation of school improvement.
1054-This subdivision expires July 1, 2023.
1055-(e) If a participating innovation network school was established
1056-before January 1, 2016, and for the current school year has a
1057-complexity index that is greater than the complexity index for the
1058-school corporation that the innovation network school has contracted
1059-with, the innovation network school shall be treated as a charter school
1060-for purposes of determining tuition support. This subsection expires
1061-June 30, 2023.
1062-(f) If the board or organizer fails to follow the process described
1063-in subsection (b)(4), the board or organizer may appeal to the state
1064-board. The state board shall hear the appeal in a public meeting
1065-and ensure that the board or organizer follows the renewal process
1066-specified in the agreement. The board may not terminate an
1067-agreement until the board has provided evidence to the state board
1068-HEA 1591 — CC 1 26
1069-that the board has complied with the renewal process specified in
1070-the agreement. The state board shall issue a decision on an appeal
1071-under this subsection not later than sixty (60) days after the date
1072-the board or organizer submitted the appeal to the state board.
1073-(g) If an administrative fee is included in an agreement entered
1074-into or renewed after June 30, 2023, under this section, the fee may
1075-not exceed one percent (1%) of the total amount of state tuition
1076-support that is distributed to the school corporation based on the
1077-participating innovation network charter school's student
1078-enrollment.
1079-SECTION 32. IC 20-25.7-5-3, AS ADDED BY P.L.214-2015,
1080-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1081-JULY 1, 2023]: Sec. 3. (a) For as long as a charter school remains a
1082-participating innovation network charter school, the school corporation
1083-may:
1084-(1) provide transportation for students attending the participating
1085-innovation network charter school; and
1086-(2) maintain and repair the buildings and grounds used by the
1087-participating innovation network charter school consistent with
1088-the maintenance and repair to the school corporation's other
1089-buildings and grounds; and
1090-(3) enter into an agreement to transfer the ownership of a
1091-school corporation facility to the organizer.
1092-(b) If an organizer contracts with a school corporation for goods or
1093-services, the school corporation may not charge the organizer more for
1094-the goods or services than the school corporation pays for the goods or
1095-services. A school corporation may not require an organizer to
1096-contract for specific goods or services provided by the school
1097-corporation or any other entity.
1098-(c) A school corporation and an organizer may negotiate to
1099-require specific services with regard to a participating innovation
1100-network charter school during the term of an agreement. However,
1101-an organizer must be able to select the service provider for the
1102-services.
1103-(c) (d) For as long as a charter school remains a participating
1104-innovation network charter school, the school corporation may
1105-distribute money levied as property taxes to the charter school. Property
1106-taxes distributed to a charter school must be used only for a purpose for
1107-which the property taxes could have been used by the school
1108-corporation. Property taxes distributed under this subsection may
1109-supplement services and property provided under subsection (a) or (b).
1110-The parties may jointly modify an agreement described in section 2 of
1111-HEA 1591 — CC 1 27
1112-this chapter to implement this subsection.
1113-(e) An agreement concerning the transfer of ownership of a
1114-school corporation facility described in subsection (a) is not subject
1115-to IC 20-26-7.1.
1116-SECTION 33. IC 20-26-5-42 IS ADDED TO THE INDIANA
2195+public school.".
2196+Page 6, between lines 33 and 34, begin a new paragraph and insert:
2197+"SECTION 28. IC 20-26-5-42 IS ADDED TO THE INDIANA
11172198 CODE AS A NEW SECTION TO READ AS FOLLOWS
11182199 [EFFECTIVE JULY 1, 2023]: Sec. 42. (a) This section applies to the
11192200 following:
11202201 (1) A public school, including a charter school.
11212202 (2) Physical injuries that occur after June 30, 2023.
11222203 (b) Each public school shall provide to the department, in a
11232204 manner prescribed by the department, information concerning an
11242205 employee of the public school who was physically injured while on
11252206 the job by a student of the public school if the injury:
2207+EH 1591—LS 7239/DI 143 51
11262208 (1) is required to be reported to the public school's worker's
11272209 compensation carrier;
11282210 (2) causes the employee to miss all or part of one (1) or more
11292211 work days; or
11302212 (3) is required to be reported to the public school pursuant to
11312213 the public school's reporting policy.
11322214 (c) A public school may not provide information under
11332215 subsection (b) that identifies the employee or the student.
11342216 (d) Nothing in this section shall be construed to prohibit a public
11352217 school from providing identifying information otherwise required
11362218 by law or rule.
1137-SECTION 34. IC 20-26-5-42.3 IS ADDED TO THE INDIANA
2219+SECTION 29. IC 20-26-5-43 IS ADDED TO THE INDIANA
11382220 CODE AS A NEW SECTION TO READ AS FOLLOWS
1139-[EFFECTIVE JULY 1, 2023]: Sec. 42.3. If the superintendent of a
2221+[EFFECTIVE JULY 1, 2023]: Sec. 43. If the superintendent of a
11402222 school corporation:
11412223 (1) becomes aware of possible criminal activity involving a
11422224 current or former school employee or contractor that:
11432225 (A) may have occurred on school property or at a school
11442226 approved activity or event not on school property; and
11452227 (B) may have involved a current or former student who
11462228 was a student at the time of the possible criminal activity;
11472229 or
1148-(2) concludes an investigation of a personnel matter that
1149-results in or could result in a suspension or termination of a
1150-school employee;
2230+(2) initiates an investigation of a personnel matter that could
2231+result in a suspension or termination of a school employee;
11512232 the superintendent shall, within five (5) business days, inform all
11522233 members of the governing body.
1153-SECTION 35. IC 20-26-5-44 IS ADDED TO THE INDIANA
1154-HEA 1591 — CC 1 28
2234+SECTION 30. IC 20-26-5-44 IS ADDED TO THE INDIANA
11552235 CODE AS A NEW SECTION TO READ AS FOLLOWS
11562236 [EFFECTIVE JULY 1, 2023]: Sec. 44. The superintendent of a
11572237 school corporation shall promptly and fully inform the governing
11582238 body of any matter or related matters involving legal expenses
1159-reasonably expected to exceed an amount specified by the
1160-governing body.
1161-SECTION 36. IC 20-26-13-10, AS AMENDED BY HEA
1162-1635-2023, SECTION 3, IS AMENDED TO READ AS FOLLOWS
1163-[EFFECTIVE JULY 1, 2023]: Sec. 10. (a) Except as provided in
1164-section 11 of this chapter and subject to IC 20-31-8-4.6 and
1165-IC 20-32-4-14, the four (4) year graduation rate for a cohort in a high
1166-school is the percentage determined under STEP FIVE of the following
2239+reasonably expected to exceed five thousand dollars ($5,000).
2240+SECTION 31. IC 20-26-13-10, AS AMENDED BY P.L.32-2021,
2241+SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2242+JULY 1, 2023]: Sec. 10. (a) Except as provided in section 11 of this
2243+chapter, the four (4) year graduation rate for a cohort in a high school
2244+is the percentage determined under STEP FIVE of the following
11672245 formula:
11682246 STEP ONE: Determine the grade 9 enrollment at the beginning of
11692247 the reporting year three (3) years before the reporting year for
11702248 which the graduation rate is being determined.
11712249 STEP TWO: Add:
2250+EH 1591—LS 7239/DI 143 52
11722251 (A) the number determined under STEP ONE; and
11732252 (B) the number of students who:
11742253 (i) have enrolled in the high school after the date on which
11752254 the number determined under STEP ONE was determined;
11762255 and
11772256 (ii) have the same expected graduation year as the cohort.
11782257 STEP THREE: Subtract from the sum determined under STEP
11792258 TWO the number of students who have left the cohort for any of
11802259 the following reasons:
11812260 (A) Transfer to another public or nonpublic school.
11822261 (B) Except as provided in IC 20-33-2-28.6 and subsection (b),
11832262 removal by the student's parents under IC 20-33-2-28 to
11842263 provide instruction equivalent to that given in the public
11852264 schools.
11862265 (C) Withdrawal because of a long term medical condition or
11872266 death.
11882267 (D) Detention by a law enforcement agency or the department
11892268 of correction.
11902269 (E) Placement by a court order or the department of child
11912270 services.
11922271 (F) Enrollment in a virtual school.
11932272 (G) Leaving school, if the student attended school in Indiana
11942273 for less than one (1) school year and the location of the student
11952274 cannot be determined.
11962275 (H) Leaving school, if the location of the student cannot be
1197-HEA 1591 — CC 1 29
11982276 determined and the student has been reported to the Indiana
11992277 clearinghouse for information on missing children and missing
12002278 endangered adults.
12012279 (I) Withdrawing from school before graduation, if the student
12022280 is a high ability student (as defined in IC 20-36-1-3) who is a
12032281 full-time student at an accredited institution of higher
12042282 education during the semester in which the cohort graduates.
12052283 (J) Withdrawing from school before graduation pursuant to
12062284 providing notice of withdrawal under section 17 of this
12072285 chapter.
12082286 (K) Participating in the high school equivalency pilot program
12092287 under IC 20-30-8.5, unless the student fails to successfully
12102288 complete the high school equivalency pilot program in the two
12112289 (2) year period. This clause expires June 30, 2024.
1212-STEP FOUR: Determine the result of:
1213-(A) the total number of students determined under STEP TWO
1214-who have graduated during the current reporting year or a
1215-previous reporting year; minus
1216-(B) the amount by which the number of students who
1217-graduated through a waiver process required under IC 20-32-3
1218-through IC 20-32-5.1 exceeds:
1219-(i) nine percent (9%) of the total number of students
1220-determined under clause (A) for the 2023-2024 school year;
1221-(ii) six percent (6%) of the total number of students
1222-determined under clause (A) for the 2024-2025 school year;
1223-or
1224-(iii) three percent (3%) of the total number of students
1225-determined under clause (A) for each school year after June
1226-30, 2025.
2290+(L) Participating in dropout recovery educational services
2291+under IC 20-31-8-4.6.
2292+STEP FOUR: Determine the total number of students determined
2293+EH 1591—LS 7239/DI 143 53
2294+under STEP TWO who have graduated during the current
2295+reporting year or a previous reporting year.
12272296 STEP FIVE: Divide:
12282297 (A) the number determined under STEP FOUR; by
12292298 (B) the remainder determined under STEP THREE.
12302299 (b) This subsection applies to a high school in which:
12312300 (1) for a:
12322301 (A) cohort of one hundred (100) students or less, at least ten
12332302 percent (10%) of the students left a particular cohort for a
12342303 reason described in subsection (a) STEP THREE clause (B);
12352304 or
12362305 (B) cohort of more than one hundred (100) students, at least
12372306 five percent (5%) of the students left a particular cohort for a
12382307 reason described in subsection (a) STEP THREE clause (B);
12392308 and
1240-HEA 1591 — CC 1 30
12412309 (2) the students described in subdivision (1)(A) or (1)(B) are not
12422310 on track to graduate with their cohort.
12432311 A high school must submit a request to the state board in a manner
12442312 prescribed by the state board requesting that the students described in
12452313 this subsection be included in the subsection (a) STEP THREE
12462314 calculation. The state board shall review the request and may grant or
12472315 deny the request. The state board shall deny the request unless the high
12482316 school demonstrates good cause to justify that the students described
12492317 in this subsection should be included in the subsection (a) STEP
12502318 THREE calculation. If the state board denies the request the high
12512319 school may not subtract the students described in this subsection under
12522320 subsection (a) STEP THREE.
1253-SECTION 37. IC 20-28-9-28, AS AMENDED BY P.L.132-2022,
2321+SECTION 32. IC 20-28-9-28, AS AMENDED BY P.L.132-2022,
12542322 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12552323 JULY 1, 2023]: Sec. 28. (a) For each school year in a state fiscal year
12562324 beginning after June 30, 2021, 2023, a school corporation shall expend
12572325 an amount for full-time teacher salaries compensation that is not less
12582326 than an amount equal to forty-five sixty-two percent (45%) (62%) of
12592327 the state tuition support distributed to the school corporation during the
12602328 state fiscal year. For purposes of determining whether a school
12612329 corporation has complied with this requirement, the amount a school
12622330 corporation expends for full-time teacher salaries compensation shall
12632331 include the amount the school corporation expends for adjunct
12642332 teachers, supplemental pay for teachers, stipends, and for
12652333 participating in a special education cooperative or a career and
12662334 technical education cooperative an interlocal agreement or
12672335 consortium that is directly attributable to the salaries compensation
2336+EH 1591—LS 7239/DI 143 54
12682337 of full-time teachers employed by the cooperative as determined by the
12692338 department. or interlocal agreement or consortium. Teacher
12702339 benefits include all benefit categories collected by the department
12712340 for Form 9 purposes.
12722341 (b) If a school corporation determines that the school corporation
12732342 cannot comply with the requirement under subsection (a) for a
12742343 particular school year, the school corporation shall apply for a waiver
12752344 from the department.
12762345 (c) The waiver application must include an explanation of the
12772346 financial challenges, with detailed data, that preclude the school
12782347 corporation from meeting the requirement under subsection (a) and
12792348 describe the cost saving measures taken by the school corporation in
12802349 attempting to meet the requirement in subsection (a). The waiver may
12812350 also include an explanation of an innovative or efficient approach in
12822351 delivering instruction that is responsible for the school corporation
1283-HEA 1591 — CC 1 31
2352+being unable to meet the requirement under subsection (a).
2353+(d) If, after review, the department determines that the school
2354+corporation has exhausted all reasonable efforts in attempting to meet
2355+the requirement in subsection (a), the department may grant the school
2356+corporation a one (1) year exception from the requirement.
2357+(e) A school corporation that receives a waiver under this section
2358+shall work with the department to develop a plan to identify additional
2359+cost saving measures and any other steps that may be taken to allow the
2360+school corporation to meet the requirement under subsection (a).
2361+(f) A school corporation may not receive more than three (3)
2362+waivers under this section.
2363+(g) Before November 1, 2022, and before November 1 of each year
2364+thereafter, the department shall submit a report to the legislative
2365+council in an electronic format under IC 5-14-6 and the state budget
2366+committee that contains information as to:
2367+(1) the percent and amount that each school corporation expended
2368+and the statewide total expended for full-time teacher salaries
2369+compensation;
2370+(2) the percent and amount that each school corporation expended
2371+and statewide total expended for full-time teacher benefits,
2372+including health, dental, life insurance, and pension benefits;
2373+(3) whether the school corporation met the requirement set forth
2374+in subsection (a); and
2375+(4) whether the school corporation received a waiver under
2376+subsection (d).
2377+SECTION 33. IC 20-31-8-4.6, AS ADDED BY P.L.217-2017,
2378+SECTION 105, IS AMENDED TO READ AS FOLLOWS
2379+EH 1591—LS 7239/DI 143 55
2380+[EFFECTIVE JULY 1, 2023]: Sec. 4.6. (a) If a school corporation or
2381+a charter school enters into an agreement with an eligible school (as
2382+defined in IC 20-51-1-4.7) to provide dropout recovery educational
2383+services for an at-risk student who is enrolled at a public school, the
2384+student may not be included in the calculation of the public school's:
2385+(1) category or designation of school performance; or
2386+(2) graduation rate calculation.
2387+(b) The state board shall adopt rules under IC 4-22-2 and any
2388+guidelines necessary to carry out this section.
2389+SECTION 34. IC 20-35-6-4 IS ADDED TO THE INDIANA CODE
2390+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2391+1, 2023]: Sec. 4. (a) This section applies to a case conference
2392+committee for a student in grades 8 through 12.
2393+(b) At a case conference committee meeting, the committee shall
2394+start addressing decision making skills, which shall include a
2395+discussion of supported decision making and other alternative
2396+options or programs for the student in lieu of the appointment of
2397+a guardian and whether these options are necessary. The case
2398+conference committee shall include in the individualized education
2399+program or a plan developed under Section 504 of the federal
2400+Rehabilitation Act of 1973, 29 U.S.C. 794 notes relating to the
2401+discussion of alternative options or programs.".
2402+Page 7, line 10, after "study" insert "leading to industry recognized
2403+credentials and".
2404+Page 7, delete line 11.
2405+Page 7, line 12, delete "networking, or software development career
2406+pathways".
2407+Page 7, line 13, after "." insert "Any in-person instruction
2408+required as a result of an industry requirement shall be provided
2409+by the virtual provider.".
2410+Page 7, line 17, after "grant" insert "and graduation pathway
2411+requirements".
2412+Renumber all SECTIONS consecutively.
2413+and when so amended that said bill do pass.
2414+(Reference is to HB 1591 as introduced.)
2415+BEHNING
2416+Committee Vote: yeas 13, nays 0.
2417+EH 1591—LS 7239/DI 143 56
2418+COMMITTEE REPORT
2419+Madam President: The Senate Committee on Education and Career
2420+Development, to which was referred House Bill No. 1591, has had the
2421+same under consideration and begs leave to report the same back to the
2422+Senate with the recommendation that said bill be AMENDED as
2423+follows:
2424+Page 1, delete lines 1 through 15, begin a new paragraph and insert:
2425+"SECTION 1. IC 5-15-1-2 IS ADDED TO THE INDIANA CODE
2426+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2427+1, 2023]: Sec. 2. (a) For purposes of this section, "administration"
2428+refers to the Indiana archives and records administration created
2429+by IC 5-15-5.1.
2430+(b) The administration shall do the following:
2431+(1) Establish procedures to retain an original record,
2432+document, plat, paper, or instrument-in-writing described in
2433+section 1 of this chapter in an electronic format.
2434+(2) After the administration has established a procedure
2435+described in subdivision (1), establish a period of time after
2436+which an original record, document, plat, paper, or
2437+instrument-in-writing may be destroyed.
2438+(3) Not later than November 1, 2023, prepare and submit a
2439+report to the general assembly in an electronic format under
2440+IC 5-14-6 regarding the:
2441+(A) procedure established under subdivision (1); and
2442+(B) period of time established under subdivision (2).
2443+This subdivision expires July 1, 2024.".
2444+Page 2, delete lines 1 through 32.
2445+Page 3, between lines 16 and 17, begin a new paragraph and insert:
2446+"SECTION 4. IC 12-17.2-3.5-14.5, AS ADDED BY P.L.184-2017,
2447+SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2448+JULY 1, 2023]: Sec. 14.5. Not later than July 1, 2017, The division
2449+shall develop a provider rate reimbursement schedule:
2450+(1) that uses money appropriated by the general assembly as an
2451+incentive for providers that are eligible to receive voucher
2452+payments under this chapter to meet the standards of quality
2453+recognized by a Level 3 or Level 4 Paths to QUALITY program
2454+rating; and
2455+(2) under which, to the extent not inconsistent with federal
2456+law, the highest rate does not differ from the lowest rate by
2457+more than fifty percent (50%).".
2458+Page 4, between lines 26 and 27, begin a new line block indented
2459+and insert:
2460+EH 1591—LS 7239/DI 143 57
2461+"This subdivision expires January 1, 2025.".
2462+Page 4, between lines 38 and 39, begin a new line block indented
2463+and insert:
2464+"This subdivision expires July 1, 2024.".
2465+Page 6, between lines 23 and 24, begin a new paragraph and insert:
2466+"SECTION 6. IC 12-17.2-4-2, AS AMENDED BY P.L.128-2012,
2467+SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2468+JULY 1, 2023]: Sec. 2. (a) A license may be issued only if a child care
2469+center is in compliance with food, health, safety, and sanitation
2470+standards as determined by the division under rules adopted by the
2471+division under IC 12-17.2-2-4 or in accordance with a variance or
2472+waiver approved by the division under IC 12-17.2-2-10.
2473+(b) A license may be issued only if the child care center is in
2474+substantial compliance with the fire and life safety rules as determined
2475+by the state fire marshal under rules adopted by the division under
2476+IC 12-17.2-2-4 or in accordance with a variance or waiver approved by
2477+the division under IC 12-17.2-2-10.
2478+(c) The division may issue a waiver or variance regarding a
2479+determination by the division or the state fire marshal under
2480+subsections (a) and (b).
2481+(d) At least one (1) adult individual who maintains annual current
2482+certification in a course of cardiopulmonary resuscitation applicable to
2483+all age groups of children cared for by the child care center shall be
2484+present at all times when a child is in the care of a child care center.
2485+Certifications accepted under this subsection must include a live
2486+return demonstration of skills.
2487+(e) An individual who:
2488+(1) is employed; or
2489+(2) volunteers;
2490+as a caregiver at a child care center shall maintain current certification
2491+in first aid applicable to all age groups of children cared for by the
2492+child care center.
2493+SECTION 7. IC 12-17.2-5-18.2 IS AMENDED TO READ AS
2494+FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 18.2. (a) At least one
2495+(1) adult individual who maintains annual current certification in a
2496+course of cardiopulmonary resuscitation applicable to all age groups of
2497+children cared for by the child care home shall be present at all times
2498+when a child is in the care of a child care home. Certifications
2499+accepted under this subsection must include a live return
2500+demonstration of skills.
2501+(b) An individual who:
2502+(1) is employed; or
2503+EH 1591—LS 7239/DI 143 58
2504+(2) volunteers;
2505+as a caregiver at a child care home shall maintain current certification
2506+in first aid applicable to all age groups of children cared for by the
2507+child care home.
2508+SECTION 8. IC 12-17.2-6-7.5, AS ADDED BY P.L.9-2020,
2509+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2510+JULY 1, 2023]: Sec. 7.5. (a) At least one (1) adult individual who
2511+maintains annual current certification in a course of cardiopulmonary
2512+resuscitation applicable to all age groups of children cared for by the
2513+child care ministry shall be present at all times when a child is in the
2514+care of a child care ministry. Certifications accepted under this
2515+subsection must include a live return demonstration of skills.
2516+(b) An individual who:
2517+(1) is employed; or
2518+(2) volunteers;
2519+as a caregiver at a child care ministry shall maintain current
2520+certification in first aid applicable to all age groups of children cared
2521+for by the child care ministry.".
2522+Page 13, line 39, delete "(a) The" and insert "(a) At least once
2523+every five (5) years, the".
2524+Page 13, line 40, delete "periodically".
2525+Page 16, delete lines 34 through 38, begin a new paragraph and
2526+insert:
2527+"(e) For purposes of IC 20-28-9-28, the term includes an adjunct
2528+teacher and permanent substitute teacher employed by a school
2529+corporation.".
2530+Page 20, line 1, delete "IC 20-19-3-29" and insert "IC
2531+20-19-3-27.5".
2532+Page 20, line 3, delete "29." and insert "27.5.".
2533+Page 21, delete lines 32 through 39, begin a new paragraph and
2534+insert:
2535+"(e) If a board or innovational network team fails to follow the
2536+renewal process described in subsection (b)(6), the board or
2537+innovation network team may appeal to the state board. The state
2538+board shall hear the appeal in a public meeting and ensure that the
2539+board or innovation network team follows the renewal process
2540+specified in the agreement. The board may not terminate an
2541+agreement until the board has provided evidence to the state board
2542+that the board has complied with the renewal process specified in
2543+the agreement. The state board shall issue a decision on an appeal
2544+under this subsection not later than sixty (60) days after the date
2545+the board or innovation network team submitted the appeal to the
2546+EH 1591—LS 7239/DI 143 59
2547+state board.".
2548+Page 22, between lines 26 and 27, begin a new paragraph and insert:
2549+"(c) A school corporation and an innovation network team may
2550+negotiate to require specific services with regard to an innovation
2551+network school during the term of an agreement. However, subject
2552+to subsection (d), an innovation network team must be able to
2553+select the service provider for the services.
2554+(d) A school corporation may require an innovation network
2555+school to:
2556+(1) use the school corporation's student information system;
2557+and
2558+(2) comply with the school corporation's networking,
2559+cybersecurity, and device standards.
2560+However, nothing in this subsection may be construed to allow a
2561+school corporation to alter an innovation network team's
2562+autonomy to determine the academic programming of the
2563+innovation network team's school.".
2564+Page 22, line 27, strike "(c)" and insert "(e)".
2565+Page 22, line 36, delete "(d)" and insert "(f)".
2566+Page 24, delete lines 13 through 19, begin a new paragraph and
2567+insert:
2568+"(f) If the board or organizer fails to follow the process
2569+described in subsection (b)(4), the board or organizer may appeal
2570+to the state board. The state board shall hear the appeal in a public
2571+meeting and ensure that the board or organizer follows the renewal
2572+process specified in the agreement. The board may not terminate
2573+an agreement until the board has provided evidence to the state
2574+board that the board has complied with the renewal process
2575+specified in the agreement. The state board shall issue a decision on
2576+an appeal under this subsection not later than sixty (60) days after
2577+the date the board or organizer submitted the appeal to the state
2578+board.".
2579+Page 25, between lines 2 and 3, begin a new paragraph and insert:
2580+"(c) A school corporation and an organizer may negotiate to
2581+require specific services with regard to a participating innovation
2582+network charter school during the term of an agreement. However,
2583+an organizer must be able to the select the service provider for the
2584+services.".
2585+Page 25, line 3, strike "(c)" and insert "(d)".
2586+Page 25, line 12, delete "(d)" and insert "(e)".
2587+Page 25, line 36, delete "IC 20-26-5-43" and insert "IC
2588+20-26-5-42.3".
2589+EH 1591—LS 7239/DI 143 60
2590+Page 25, line 38, delete "43." and insert "42.3.".
2591+Page 26, line 5, delete "initiates" and insert "concludes".
2592+Page 26, line 5, after "that" insert "results in or".
2593+Page 26, line 14, delete "five thousand dollars ($5,000)." and insert
2594+"an amount specified by the governing body.".
2595+Page 26, line 18, delete "chapter," and insert "chapter and subject
2596+to IC 20-31-8-4.6,".
2597+Page 27, delete lines 22 through 23.
2598+Page 28, delete lines 10 through 42, begin a new paragraph and
2599+insert:
2600+"SECTION 38. IC 20-28-9-28, AS AMENDED BY P.L.132-2022,
2601+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2602+JULY 1, 2023]: Sec. 28. (a) For each school year in a state fiscal year
2603+beginning after June 30, 2021, 2023, a school corporation shall expend
2604+an amount for full-time teacher salaries compensation that is not less
2605+than an amount equal to forty-five sixty-two percent (45%) (62%) of
2606+the state tuition support distributed to the school corporation during the
2607+state fiscal year. For purposes of determining whether a school
2608+corporation has complied with this requirement, the amount a school
2609+corporation expends for full-time teacher salaries compensation shall
2610+include the amount the school corporation expends for:
2611+(1) supplemental pay for teachers;
2612+(2) stipends for teachers; and
2613+(3) participating in a special education cooperative or a career and
2614+technical education cooperative an interlocal agreement or
2615+consortium that is directly attributable to the salaries
2616+compensation of full-time teachers employed by the cooperative
2617+as determined by the department. or interlocal agreement or
2618+consortium.
2619+Teacher benefits include all benefit categories collected by the
2620+department for Form 9 purposes.
2621+(b) If a school corporation determines that the school corporation
2622+cannot comply with the requirement under subsection (a) for a
2623+particular school year, the school corporation shall apply for a waiver
2624+from the department.
2625+(c) The waiver application must include an explanation of the
2626+financial challenges, with detailed data, that preclude the school
2627+corporation from meeting the requirement under subsection (a) and
2628+describe the cost saving measures taken by the school corporation in
2629+attempting to meet the requirement in subsection (a). The waiver may
2630+also include an explanation of an innovative or efficient approach in
2631+delivering instruction that is responsible for the school corporation
2632+EH 1591—LS 7239/DI 143 61
12842633 being unable to meet the requirement under subsection (a).
12852634 (d) If, after review, the department determines that the school
12862635 corporation has exhausted all reasonable efforts in attempting to meet
12872636 the requirement in subsection (a), the department may grant the school
12882637 corporation a one (1) year exception from the requirement.
12892638 (e) A school corporation that receives a waiver under this section
12902639 shall work with the department to develop a plan to identify additional
12912640 cost saving measures and any other steps that may be taken to allow the
12922641 school corporation to meet the requirement under subsection (a).
12932642 (f) A school corporation may not receive more than three (3)
12942643 waivers under this section.
12952644 (g) Before November 1, 2022, and before November 1 of each year
12962645 thereafter, the department shall submit a report to the legislative
12972646 council in an electronic format under IC 5-14-6 and the state budget
12982647 committee that contains information as to:
12992648 (1) the percent and amount that each school corporation expended
13002649 and the statewide total expended for full-time teacher salaries;
13012650 compensation;
13022651 (2) the percent and amount that each school corporation expended
13032652 and statewide total expended for full-time teacher benefits,
13042653 including health, dental, life insurance, and pension benefits;
13052654 (3) whether the school corporation met the requirement set forth
13062655 in subsection (a); and
13072656 (4) whether the school corporation received a waiver under
1308-subsection (d).
1309-SECTION 38. IC 20-31-8-4.6, AS ADDED BY P.L.217-2017,
2657+subsection (d).".
2658+Page 29, delete lines 1 through 33, begin a new paragraph and
2659+insert:
2660+"SECTION 40. IC 20-31-8-4.6, AS ADDED BY P.L.217-2017,
13102661 SECTION 105, IS AMENDED TO READ AS FOLLOWS
13112662 [EFFECTIVE JULY 1, 2023]: Sec. 4.6. (a) If a school corporation or
13122663 a charter school enters into an agreement with an eligible school (as
13132664 defined in IC 20-51-1-4.7) to provide dropout recovery educational
13142665 services for an at-risk student who is enrolled at a public school, the
13152666 student:
13162667 (1) may not be included in the calculation of the public school's:
13172668 (A) category or designation of school performance; and
13182669 (B) graduation rate calculation; and
13192670 (2) shall be included in the eligible school's graduation rate
13202671 calculation.
13212672 (b) The state board shall adopt rules under IC 4-22-2 and any
1322-guidelines necessary to carry out this section.
1323-SECTION 39. IC 20-35-6-4 IS ADDED TO THE INDIANA CODE
2673+guidelines necessary to carry out this section.".
2674+Page 30, delete lines 18 through 31.
2675+EH 1591—LS 7239/DI 143 62
2676+Page 31, after line 42, begin a new paragraph and insert:
2677+"SECTION 44. IC 20-51-1-5, AS AMENDED BY P.L.165-2021,
2678+SECTION 172, IS AMENDED TO READ AS FOLLOWS
2679+[EFFECTIVE JULY 1, 2023]: Sec. 5. "Eligible student" refers to an
2680+individual who:
2681+(1) has legal settlement in Indiana;
2682+(2) is at least five (5) four (4) years of age and less than
2683+twenty-two (22) years of age on the date in the school year
2684+specified in IC 20-33-2-7;
2685+(3) either has been or is currently enrolled in a participating
2686+school; and
2687+(4) is a member of a household with an annual income of not
2688+more than three hundred percent (300%) of the amount required
2689+for the individual to qualify for the federal free or reduced price
2690+lunch program.".
2691+Page 32, delete lines 12 through 29, begin a new line block indented
2692+and insert:
2693+"(1) The lesser of the following:
2694+(A) The sum of the tuition or transfer tuition and fees required
2695+for enrollment or attendance of the eligible choice scholarship
2696+student at the eligible school selected by the eligible choice
2697+scholarship student for a school year that the eligible choice
2698+scholarship student (or the parent of the eligible choice
2699+scholarship student) would otherwise be obligated to pay to
2700+the eligible school.
2701+(B) For the state fiscal year beginning July 1, 2021, and each
2702+state fiscal year thereafter, an amount equal to ninety percent
2703+(90%) of the state tuition support amount determined under
2704+section 5 of this chapter.".
2705+Page 33, line 8, after "eligible" insert "choice scholarship".
2706+Page 33, line 16, delete "corporations" and insert "corporations,
2707+charter schools,".
2708+ Page 33, line 25, delete "corporations" and insert "corporations,
2709+charter schools,".
2710+Renumber all SECTIONS consecutively.
2711+and when so amended that said bill do pass and be reassigned to the
2712+Senate Committee on Appropriations.
2713+(Reference is to HB 1591 as printed February 20, 2023.)
2714+RAATZ, Chairperson
2715+Committee Vote: Yeas 11, Nays 2.
2716+EH 1591—LS 7239/DI 143 63
2717+COMMITTEE REPORT
2718+Madam President: The Senate Committee on Appropriations, to
2719+which was referred House Bill No. 1591, has had the same under
2720+consideration and begs leave to report the same back to the Senate with
2721+the recommendation that said bill be AMENDED as follows:
2722+Page 2, delete lines 31 through 42.
2723+Page 13, delete lines 21 through 42.
2724+Page 14, delete lines 1 through 4.
2725+Page 17, delete lines 3 through 35, begin a new paragraph and
2726+insert:
2727+"SECTION 26. IC 20-18-2-22, AS AMENDED BY P.L.165-2021,
2728+SECTION 148, IS AMENDED TO READ AS FOLLOWS
2729+[EFFECTIVE JULY 1, 2023]: Sec. 22. (a) "Teacher" means a
2730+professional person whose position in a school corporation requires
2731+certain educational preparation and licensing and whose primary
2732+responsibility is the instruction of students.
2733+(b) Except as provided in subsection subsections (d) and (e), for
2734+purposes of IC 20-28, the term includes the following:
2735+(1) A superintendent who holds a license under IC 20-28-5.
2736+(2) A principal.
2737+(3) A teacher.
2738+(4) A librarian.
2739+(5) A school counselor.
2740+(6) A school psychologist.
2741+(c) For purposes of IC 20-43-10-3.5, the term means a professional
2742+person whose position with a:
2743+(1) school corporation;
2744+(2) special education cooperative established under IC 20-35-5;
2745+(3) cooperative career and technical education program;
2746+(4) special education program established by an interlocal
2747+agreement under IC 36-1-7;
2748+(5) joint program agreement established under IC 20-26-10; or
2749+(6) charter school;
2750+requires a license (as defined in IC 20-28-1-7) and whose primary
2751+responsibility is the instruction of students in the classroom or virtual
2752+classroom.
2753+(d) "Teacher", for purposes of IC 20-28-9-26 and IC 20-28-9-27,
2754+and IC 20-28-9-28, means a classroom teacher licensed under
2755+IC 20-28-5 who provides instruction to students for at least fifty percent
2756+(50%) of the teacher's work day.
2757+(e) "Teacher", for purposes of IC 20-28-9-28, means a
2758+EH 1591—LS 7239/DI 143 64
2759+classroom teacher licensed under IC 20-28-5 who provides
2760+instruction to students for at least fifty percent (50%) of the
2761+teacher's work day. The term includes an adjunct teacher and
2762+permanent substitute teacher employed by a school corporation.".
2763+Page 22, line 29, delete "innovational" and insert "innovation".
2764+Page 31, delete lines 34 through 42.
2765+Delete pages 32 through 33.
2766+Page 34, delete lines 1 through 34.
2767+Page 34, line 39, reset in roman "Indiana".
2768+Page 34, line 40 delete ", charter schools, or nonpublic schools in"
2769+and insert "or charter schools.".
2770+Page 34, delete line 41.
2771+Page 35, line 8, reset in roman "Indiana".
2772+Page 35, line 8 delete ", charter schools, or" and insert "or charter
2773+schools".
2774+Page 35, line 9, delete "nonpublic schools in Indiana".
2775+ Page 35, delete lines 12 through 42.
2776+Delete page 36.
2777+Renumber all SECTIONS consecutively.
2778+and when so amended that said bill do pass.
2779+(Reference is to EHB 1591 as printed March 24, 2023.)
2780+MISHLER, Chairperson
2781+Committee Vote: Yeas 12, Nays 0.
2782+_____
2783+SENATE MOTION
2784+Madam President: I move that Engrossed House Bill 1591 be
2785+amended to read as follows:
2786+Page 30, between lines 39 and 40, begin a new paragraph and insert:
2787+"SECTION 39. IC 20-35-6-5 IS ADDED TO THE INDIANA CODE
13242788 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1325-1, 2023]: Sec. 4. (a) This section applies to a case conference
1326-HEA 1591 — CC 1 32
1327-committee for a student in grades 8 through 12.
1328-(b) At a case conference committee meeting, the committee shall
1329-start addressing decision making skills, which shall include a
1330-discussion of supported decision making and other alternative
1331-options or programs for the student in lieu of the appointment of
1332-a guardian and whether these options are necessary. The case
1333-conference committee shall include in the individualized education
1334-program or a plan developed under Section 504 of the federal
1335-Rehabilitation Act of 1973, 29 U.S.C. 794 notes relating to the
1336-discussion of alternative options or programs.
1337-SECTION 40. IC 20-36-6-4, AS ADDED BY P.L.216-2021,
1338-SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1339-JULY 1, 2023]: Sec. 4. (a) The Cambridge International program is
1340-established to encourage students to pursue advanced courses.
1341-(b) The program shall be administered by the department. provided
1342-Cambridge International demonstrates alignment to dual credit courses
1343-offered in Indiana in a manner determined by the commission for
1344-higher education.
1345-(c) After June 30, 2021, Subject to appropriation by the general
1346-assembly, the department may shall provide schools the same per
1347-pupil exam fee amounts for international baccalaureate and Cambridge
1348-International exams and college level examination program (CLEP)
1349-exams as the per pupil per exam funding amount for a student to take
1350-advanced placement exams.
1351-SECTION 41. IC 20-37-4 IS ADDED TO THE INDIANA CODE
1352-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1353-JULY 1, 2023]:
1354-Chapter 4. Virtual Career and Technical Education Courses
1355-Sec. 1. (a) Any course that meets the requirements of a career
1356-and technical education program under IC 20-43-8-7.5 may be
1357-taught virtually by a virtual provider if:
1358-(1) the program of study leads to an industry recognized
1359-credential;
1360-(2) the course was approved by the state board under
1361-IC 20-43-8-7.5; and
1362-(3) all instruction required to be in person by the agency that
1363-receives, distributes, and accounts for all funds received for
1364-career and technical education under the Carl D. Perkins
1365-Vocational and Applied Technology Act (20 U.S.C. 2301 et
1366-seq.) as described in IC 20-19-2-19 are conducted through:
1367-(A) an employer provided work based learning program;
1368-or
1369-HEA 1591 — CC 1 33
1370-(B) a career and technical education center.
1371-(b) A course described in subsection (a) that meets the
1372-requirements to receive a career and technical education grant
1373-under IC 20-43-8 is eligible for a career and technical education
1374-grant.
1375-SECTION 42. IC 20-51-1-8, AS ADDED BY P.L.182-2009(ss),
1376-SECTION 364, IS AMENDED TO READ AS FOLLOWS
1377-[EFFECTIVE JULY 1, 2023]: Sec. 8. "School scholarship" refers to a
1378-grant to pay only the cost of education or prekindergarten tuition or
1379-expenses for an eligible student as determined for the school year (as
1380-defined in IC 20-18-2-17) for which the scholarship will be granted.
1381-SECTION 43. IC 20-51-4-3, AS AMENDED BY P.L.106-2016,
1382-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1383-JULY 1, 2023]: Sec. 3. (a) An eligible school may not discriminate on
1384-the basis of race, color, or national origin.
1385-(b) An eligible school shall abide by the school's written admission
1386-policy fairly and without discrimination with regard to students who:
1387-(1) apply for; or
1388-(2) are awarded;
1389-scholarships under this chapter.
1390-(c) If the number of applicants for enrollment in an eligible school
1391-under a choice scholarship exceeds the number of choice scholarships
1392-available to the eligible school, the eligible school must draw at
1393-random in a public meeting the applications of applicants who are
1394-entitled to a choice scholarship from among the applicants who meet
1395-the requirements for admission to the eligible school.
1396-(d) (c) The department shall make random visits to at least five
1397-percent (5%) of eligible schools during a particular school year to
1398-verify that the eligible school complies with the provisions of this
1399-chapter and the Constitutions of the State of Indiana and the United
1400-States.
1401-(e) (d) Each eligible school shall grant the department reasonable
1402-access to its premises, including access to the school's grounds,
1403-buildings, and property.
1404-(f) (e) Each year the principal of each eligible school shall certify
1405-under penalties of perjury to the department that the eligible school is
1406-complying with the requirements of this chapter. The department shall
1407-develop a process for eligible schools to follow to make certifications.
1408-SECTION 44. [EFFECTIVE JULY 1, 2022 (RETROACTIVE)] (a)
1409-The definitions in IC 20 apply throughout this SECTION.
1410-(b) Notwithstanding IC 20-31-8 and 511 IAC 6.2-10, the state
1411-board shall assign to a school or school corporation a "null" or "no
1412-HEA 1591 — CC 1 34
1413-letter grade" for the 2022-2023 and 2023-2024 school years.
1414-However, the most recent results of the school's ILEARN
1415-assessment must be included on the school's website.
1416-(c) Notwithstanding IC 20-31-8 and 511 IAC 6.3-1, the state
1417-board shall assign an adult high school a "null" or "no letter
1418-grade" category for the 2022-2023 and 2023-2024 school years.
1419-(d) This SECTION expires January 1, 2026.
1420-SECTION 45. HEA 1635-2023, SECTION 16, IS AMENDED TO
1421-READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: SECTION 16. (a)
1422-The definitions in IC 20 apply throughout this SECTION.
1423-(b) The department shall develop a proposal for a revised school
1424-performance designation utilizing an "A" through "F" grading scale that
1425-is based on data contained in the Indiana Graduates Prepared to
1426-Succeed (GPS) dashboard described in IC 20-31-8-5.5.
1427-(c) Not later than December 1, 2024, the department shall submit
1428-the proposal developed under subsection (b) to the general assembly in
1429-an electronic format under IC 5-14-6.
1430-(d) When developing a proposal for a revised school
1431-performance designation described in subsection (b), the
1432-department shall consider using the following metrics:
1433-(1) The number of students who had work based learning
1434-experience in grades 9 through 12.
1435-(2) The percentage of students in a graduation cohort who
1436-earned a credential of value.
1437-(3) The percentage of students earning each diploma type.
1438-(4) The percentage of students who indicate their intent, upon
1439-graduation, to:
1440-(A) enlist in the military;
1441-(B) pursue employment;
1442-(C) begin an internship or apprenticeship; or
1443-(D) attend a two (2) or four (4) year postsecondary
1444-educational institution.
1445-(d) (e) This SECTION expires July 1, 2025.
1446-SECTION 46. An emergency is declared for this act.
1447-HEA 1591 — CC 1 Speaker of the House of Representatives
1448-President of the Senate
1449-President Pro Tempore
1450-Governor of the State of Indiana
1451-Date: Time:
1452-HEA 1591 — CC 1
2789+1, 2023]: Sec. 5. (a) As used in this section, "community intellectual
2790+disability and other developmental disabilities centers" has the
2791+meaning set forth in IC 12-7-2-39.
2792+(b) At a case conference committee meeting regarding a
2793+transition individualized education program described in 511
2794+IAC 7-43-4, a public school, including a charter school, shall
2795+EH 1591—LS 7239/DI 143 65
2796+provide to the student and parent of the student written
2797+information that includes the:
2798+(1) location of;
2799+(2) contact information regarding; and
2800+(3) services offered by;
2801+community intellectual disability and other developmental
2802+disabilities centers that are located or provide services in the
2803+county in which the student resides.".
2804+Renumber all SECTIONS consecutively.
2805+(Reference is to EHB 1591 as printed April 14, 2023.)
2806+BOHACEK
2807+EH 1591—LS 7239/DI 143