1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 307 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 12-7-2; IC 12-17.2; IC 20-19-3. |
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7 | 7 | | Synopsis: Early learning. Raises the annual income eligibility for an |
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8 | 8 | | eligible child to 138% of the federal poverty level. (Currently, the |
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9 | 9 | | eligibility is 127% of the federal poverty level.) Removes certain |
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10 | 10 | | restrictions on how the office of the secretary of family and social |
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11 | 11 | | services may award grants. Changes the prekindergarten pilot program |
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12 | 12 | | to the prekindergarten program and removes the expiration date. Makes |
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13 | 13 | | conforming changes. |
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14 | 14 | | Effective: July 1, 2023. |
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15 | 15 | | Walker K |
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16 | 16 | | January 12, 2023, read first time and referred to Committee on Appropriations. |
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17 | 17 | | 2023 IN 307—LS 6786/DI 148 Introduced |
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18 | 18 | | First Regular Session of the 123rd General Assembly (2023) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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28 | 28 | | SENATE BILL No. 307 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | human services. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 12-7-2-91, AS AMENDED BY P.L.184-2017, |
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33 | 33 | | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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34 | 34 | | 3 JULY 1, 2023]: Sec. 91. "Fund" means the following: |
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35 | 35 | | 4 (1) For purposes of IC 12-12-1-9, the fund described in |
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36 | 36 | | 5 IC 12-12-1-9. |
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37 | 37 | | 6 (2) For purposes of IC 12-15-20, the meaning set forth in |
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38 | 38 | | 7 IC 12-15-20-1. |
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39 | 39 | | 8 (3) For purposes of IC 12-17-12, the meaning set forth in |
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40 | 40 | | 9 IC 12-17-12-4. |
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41 | 41 | | 10 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in |
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42 | 42 | | 11 IC 12-17.2-7.2-4.7. |
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43 | 43 | | 12 (4) (5) For purposes of IC 12-17.6, the meaning set forth in |
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44 | 44 | | 13 IC 12-17.6-1-3. |
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45 | 45 | | 14 (5) (6) For purposes of IC 12-23-2, the meaning set forth in |
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46 | 46 | | 15 IC 12-23-2-1. |
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47 | 47 | | 16 (6) (7) For purposes of IC 12-23-18, the meaning set forth in |
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48 | 48 | | 17 IC 12-23-18-4. |
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49 | 49 | | 2023 IN 307—LS 6786/DI 148 2 |
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50 | 50 | | 1 (7) (8) For purposes of IC 12-24-6, the meaning set forth in |
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51 | 51 | | 2 IC 12-24-6-1. |
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52 | 52 | | 3 (8) (9) For purposes of IC 12-24-14, the meaning set forth in |
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53 | 53 | | 4 IC 12-24-14-1. |
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54 | 54 | | 5 (9) (10) For purposes of IC 12-30-7, the meaning set forth in |
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55 | 55 | | 6 IC 12-30-7-3. |
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56 | 56 | | 7 SECTION 2. IC 12-7-2-139.3 IS REPEALED [EFFECTIVE JULY |
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57 | 57 | | 8 1, 2023]. Sec. 139.3. "Pilot fund", for purposes of IC 12-17.2-7.2, has |
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58 | 58 | | 9 the meaning set forth in IC 12-17.2-7.2-4.7. |
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59 | 59 | | 10 SECTION 3. IC 12-17.2-7.2-1, AS AMENDED BY P.L.268-2019, |
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60 | 60 | | 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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61 | 61 | | 12 JULY 1, 2023]: Sec. 1. As used in this chapter, "eligible child" refers |
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62 | 62 | | 13 to an individual who: |
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63 | 63 | | 14 (1) is at least four (4) years of age and less than five (5) years of |
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64 | 64 | | 15 age on August 1 of the state fiscal year for which a grant is sought |
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65 | 65 | | 16 under the prekindergarten pilot program; |
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66 | 66 | | 17 (2) is a resident of Indiana or otherwise has legal settlement in |
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67 | 67 | | 18 Indiana, as determined under IC 20-26-11; |
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68 | 68 | | 19 (3) is a member of a household with an annual income that does |
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69 | 69 | | 20 not exceed one hundred twenty-seven percent (127%) one |
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70 | 70 | | 21 hundred thirty-eight percent (138%) of the federal poverty |
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71 | 71 | | 22 level; |
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72 | 72 | | 23 (4) receives qualified early education services from an eligible |
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73 | 73 | | 24 provider, as determined by the office; |
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74 | 74 | | 25 (5) has a parent or guardian who participates in a parental |
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75 | 75 | | 26 engagement and involvement component provided by the eligible |
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76 | 76 | | 27 provider; |
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77 | 77 | | 28 (6) has a parent or guardian who agrees to ensure that the child |
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78 | 78 | | 29 meets the attendance requirements determined by the office; and |
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79 | 79 | | 30 (7) meets the requirements under section 7.2(a) and 7.2(c) of this |
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80 | 80 | | 31 chapter. |
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81 | 81 | | 32 SECTION 4. IC 12-17.2-7.2-2.5, AS ADDED BY P.L.268-2019, |
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82 | 82 | | 33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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83 | 83 | | 34 JULY 1, 2023]: Sec. 2.5. As used in this chapter, "limited eligibility |
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84 | 84 | | 35 child" refers to an individual who: |
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85 | 85 | | 36 (1) is at least four (4) years of age and less than five (5) years of |
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86 | 86 | | 37 age on August 1 of the state fiscal year for which a grant is sought |
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87 | 87 | | 38 under the prekindergarten pilot program; |
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88 | 88 | | 39 (2) is a resident of Indiana or otherwise has legal settlement in |
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89 | 89 | | 40 Indiana, as determined under IC 20-26-11; |
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90 | 90 | | 41 (3) receives qualified early education services from an eligible |
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91 | 91 | | 42 provider, as determined by the office; |
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92 | 92 | | 2023 IN 307—LS 6786/DI 148 3 |
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93 | 93 | | 1 (4) has a parent or guardian who agrees to ensure that the child |
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94 | 94 | | 2 meets the attendance requirements determined by the office; |
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95 | 95 | | 3 (5) has a parent or guardian who participates in a parental |
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96 | 96 | | 4 engagement and involvement component provided by the eligible |
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97 | 97 | | 5 provider; |
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98 | 98 | | 6 (6) is a member of a household with an annual income that does |
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99 | 99 | | 7 not exceed one hundred eighty-five percent (185%) of the federal |
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100 | 100 | | 8 poverty level; |
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101 | 101 | | 9 (7) meets the requirements of section 7.2(b) and 7.2(c) of this |
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102 | 102 | | 10 chapter; and |
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103 | 103 | | 11 (8) is not an eligible child. |
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104 | 104 | | 12 SECTION 5. IC 12-17.2-7.2-4.7, AS ADDED BY P.L.184-2017, |
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105 | 105 | | 13 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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106 | 106 | | 14 JULY 1, 2023]: Sec. 4.7. As used in this chapter, "pilot "fund" refers |
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107 | 107 | | 15 to the prekindergarten pilot program fund established by section 13.5 |
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108 | 108 | | 16 of this chapter. |
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109 | 109 | | 17 SECTION 6. IC 12-17.2-7.2-5, AS AMENDED BY P.L.184-2017, |
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110 | 110 | | 18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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111 | 111 | | 19 JULY 1, 2023]: Sec. 5. As used in this chapter, "prekindergarten pilot |
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112 | 112 | | 20 program" refers to the prekindergarten pilot program established under |
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113 | 113 | | 21 section 7 of this chapter. |
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114 | 114 | | 22 SECTION 7. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019, |
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115 | 115 | | 23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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116 | 116 | | 24 JULY 1, 2023]: Sec. 7. (a) The office may establish a prekindergarten |
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117 | 117 | | 25 pilot program is established to provide grants for: |
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118 | 118 | | 26 (1) qualified early education services in a manner consistent with |
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119 | 119 | | 27 how funds are distributed under the Child Care and Development |
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120 | 120 | | 28 Fund (CCDF) grant program; and |
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121 | 121 | | 29 (2) expansion plans as described in section 7.4(a)(2) of this |
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122 | 122 | | 30 chapter. |
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123 | 123 | | 31 (b) The office shall administer the prekindergarten pilot program. |
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124 | 124 | | 32 The prekindergarten pilot program may include: |
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125 | 125 | | 33 (1) eligible providers in Indiana; and |
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126 | 126 | | 34 (2) potential eligible providers or existing eligible providers as |
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127 | 127 | | 35 described in section 7.4 of this chapter. |
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128 | 128 | | 36 (c) Before July 1, 2017, the prekindergarten pilot program includes |
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129 | 129 | | 37 eligible providers in the following pilot counties: |
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130 | 130 | | 38 (1) Allen. |
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131 | 131 | | 39 (2) Jackson. |
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132 | 132 | | 40 (3) Lake. |
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133 | 133 | | 41 (4) Marion. |
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134 | 134 | | 42 (5) Vanderburgh. |
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135 | 135 | | 2023 IN 307—LS 6786/DI 148 4 |
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136 | 136 | | 1 The total number of grants the office awards to eligible children in a |
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137 | 137 | | 2 county listed in this subsection during a state fiscal year may not be |
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138 | 138 | | 3 less than the total number of grants the office awarded to eligible |
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139 | 139 | | 4 children in that county during the immediately preceding state fiscal |
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140 | 140 | | 5 year unless the office determines that there is an insufficient number of |
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141 | 141 | | 6 eligible children or eligible providers in the county to justify the total |
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142 | 142 | | 7 number of grants for that county. Beginning July 1, 2020, the total |
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143 | 143 | | 8 number of grants during the immediately preceding state fiscal year |
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144 | 144 | | 9 shall include the number of grants issued under a preschool program |
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145 | 145 | | 10 established in March 2015 that operates in a consolidated city. |
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146 | 146 | | 11 (d) After June 30, 2017, and before July 1, 2019, in addition to the |
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147 | 147 | | 12 counties listed under subsection (c), the prekindergarten pilot program |
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148 | 148 | | 13 includes eligible providers in fifteen (15) additional counties. In |
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149 | 149 | | 14 determining which counties are designated as pilot counties under this |
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150 | 150 | | 15 subsection, the office shall give preference to counties that are |
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151 | 151 | | 16 primarily rural. The total number of grants the office awards to eligible |
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152 | 152 | | 17 children in a county designated under this subsection during a state |
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153 | 153 | | 18 fiscal year may not be less than the total number of grants the office |
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154 | 154 | | 19 awarded to eligible children in that county during the immediately |
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155 | 155 | | 20 preceding state fiscal year unless the office determines that there is an |
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156 | 156 | | 21 insufficient number of eligible children or eligible providers in the |
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157 | 157 | | 22 county to justify the total number of grants for that county. |
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158 | 158 | | 23 (e) In addition to the counties listed in subsection (c) and counties |
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159 | 159 | | 24 designated under subsection (d), (d) The prekindergarten pilot program |
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160 | 160 | | 25 includes eligible providers in any county in Indiana. |
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161 | 161 | | 26 (f) (e) Subject to the requirements of this chapter, the office shall |
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162 | 162 | | 27 determine: |
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163 | 163 | | 28 (1) the eligibility requirements, application process, and selection |
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164 | 164 | | 29 process for awarding grants under the prekindergarten pilot |
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165 | 165 | | 30 program; |
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166 | 166 | | 31 (2) the administration and reporting requirements for: |
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167 | 167 | | 32 (A) eligible providers; and |
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168 | 168 | | 33 (B) potential eligible providers or existing eligible providers; |
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169 | 169 | | 34 participating in the prekindergarten pilot program; and |
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170 | 170 | | 35 (3) with the assistance of the early learning advisory committee, |
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171 | 171 | | 36 an appropriate outcomes based accountability system for: |
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172 | 172 | | 37 (A) eligible providers; and |
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173 | 173 | | 38 (B) potential eligible providers or existing eligible providers. |
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174 | 174 | | 39 (g) Before implementing the prekindergarten pilot program, the |
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175 | 175 | | 40 office shall submit the provisions of the prekindergarten pilot program |
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176 | 176 | | 41 to the state board of education for the state board of education's review |
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177 | 177 | | 42 and comment. |
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178 | 178 | | 2023 IN 307—LS 6786/DI 148 5 |
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179 | 179 | | 1 (h) (f) The office shall, subject to the availability of funding, |
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180 | 180 | | 2 determine the number of eligible children who will participate in the |
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181 | 181 | | 3 prekindergarten pilot program. After December 31, 2019, the office |
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182 | 182 | | 4 shall, subject to the availability of funding, determine the number of |
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183 | 183 | | 5 limited eligibility children who will participate in the prekindergarten |
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184 | 184 | | 6 pilot program. |
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185 | 185 | | 7 SECTION 8. IC 12-17.2-7.2-7.3, AS AMENDED BY P.L.268-2019, |
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186 | 186 | | 8 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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187 | 187 | | 9 JULY 1, 2023]: Sec. 7.3. The office shall require, for an eligible |
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188 | 188 | | 10 provider to enroll in the prekindergarten pilot program, that the eligible |
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189 | 189 | | 11 provider agree to the following: |
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190 | 190 | | 12 (1) Comply on a continuing basis with the requirements under this |
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191 | 191 | | 13 chapter and rules for participation established by the office. |
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192 | 192 | | 14 (2) Maintain eligibility under this chapter throughout the |
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193 | 193 | | 15 prekindergarten program year. |
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194 | 194 | | 16 (3) Report immediately any changes in eligibility status to the |
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195 | 195 | | 17 office, including the eligible provider's loss of national or regional |
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196 | 196 | | 18 accreditation. |
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197 | 197 | | 19 (4) Participate in any training and mandatory meetings required |
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198 | 198 | | 20 by the office. |
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199 | 199 | | 21 (5) Participate in all onsite visits conducted by the office, |
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200 | 200 | | 22 including fiscal auditing activities with regard to the |
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201 | 201 | | 23 prekindergarten pilot program and prekindergarten program |
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202 | 202 | | 24 activity monitoring. |
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203 | 203 | | 25 (6) Allow families of eligible or limited eligibility children |
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204 | 204 | | 26 enrolled in the prekindergarten program of the eligible provider |
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205 | 205 | | 27 to visit at any time the prekindergarten program is in operation. |
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206 | 206 | | 28 (7) Maintain accurate online attendance records through the |
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207 | 207 | | 29 attendance portal for eligible or limited eligibility children |
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208 | 208 | | 30 enrolled in the prekindergarten pilot program and submit |
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209 | 209 | | 31 attendance records as required by the office. |
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210 | 210 | | 32 (8) Offer parental engagement and involvement activities in the |
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211 | 211 | | 33 prekindergarten program of the eligible provider in alignment |
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212 | 212 | | 34 with the family engagement framework adopted by the early |
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213 | 213 | | 35 learning advisory committee established by IC 12-17.2-3.8-5. |
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214 | 214 | | 36 (9) Complete, within the period established by the office, the |
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215 | 215 | | 37 Indiana early childhood family engagement toolkit, including the |
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216 | 216 | | 38 family engagement self-assessment, adopted by the early learning |
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217 | 217 | | 39 advisory committee. |
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218 | 218 | | 40 (10) Share information on the family engagement self-assessment |
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219 | 219 | | 41 described in subdivision (9) as required by the office. |
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220 | 220 | | 42 (11) Participate in research studies as required by the office. |
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221 | 221 | | 2023 IN 307—LS 6786/DI 148 6 |
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222 | 222 | | 1 (12) Enforce minimum attendance requirements of at least |
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223 | 223 | | 2 eighty-five percent (85%) of the days that the prekindergarten |
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224 | 224 | | 3 program of the eligible provider is offered to an eligible or limited |
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225 | 225 | | 4 eligibility child. |
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226 | 226 | | 5 (13) Inform the office that an eligible or limited eligibility child |
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227 | 227 | | 6 has withdrawn from the prekindergarten program of the eligible |
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228 | 228 | | 7 provider not later than five (5) days after the eligible or limited |
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229 | 229 | | 8 eligibility child is withdrawn. |
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230 | 230 | | 9 (14) That retroactive repayment to the state may be required or |
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231 | 231 | | 10 future payments may be adjusted as a result of the withdrawal of |
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232 | 232 | | 11 an eligible or limited eligibility child or changes in the law. |
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233 | 233 | | 12 (15) Maintain records of participation by a family of an eligible |
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234 | 234 | | 13 or limited eligibility child in family engagement activities and |
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235 | 235 | | 14 submit records as required by the office. |
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236 | 236 | | 15 (16) Promote an eligible or limited eligibility child's social, |
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237 | 237 | | 16 emotional, and behavioral health and eliminate or severely limit |
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238 | 238 | | 17 the use of expulsion, suspension, and other exclusionary |
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239 | 239 | | 18 discipline practices. |
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240 | 240 | | 19 (17) Use the exclusionary discipline practices described in |
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241 | 241 | | 20 subdivision (16) only as a last resort in extraordinary |
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242 | 242 | | 21 circumstances when there is a determination of a serious safety |
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243 | 243 | | 22 threat that cannot otherwise be reduced or eliminated by the |
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244 | 244 | | 23 provision of reasonable modifications. |
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245 | 245 | | 24 (18) Inform and receive approval from the office before the |
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246 | 246 | | 25 eligible provider expels, suspends, or uses other exclusionary |
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247 | 247 | | 26 discipline practices. |
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248 | 248 | | 27 (19) Assist a parent or guardian, upon request by the parent or |
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249 | 249 | | 28 guardian, in obtaining information from, referral to, or both |
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250 | 250 | | 29 information from and referral to, the public school that serves the |
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251 | 251 | | 30 attendance area in which the parent or guardian resides for an |
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252 | 252 | | 31 educational evaluation and determination of eligibility for special |
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253 | 253 | | 32 education services if developmental delays or reasons to suspect |
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254 | 254 | | 33 a disability are observed by the parent, guardian, or teacher of an |
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255 | 255 | | 34 eligible or limited eligibility child during the prekindergarten |
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256 | 256 | | 35 program year. |
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257 | 257 | | 36 SECTION 9. IC 12-17.2-7.2-7.4, AS AMENDED BY P.L.268-2019, |
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258 | 258 | | 37 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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259 | 259 | | 38 JULY 1, 2023]: Sec. 7.4. (a) To qualify as a potential eligible provider |
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260 | 260 | | 39 or existing eligible provider, an applicant must: |
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261 | 261 | | 40 (1) provide an expansion plan to the office that details the |
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262 | 262 | | 41 potential eligible provider's or existing eligible provider's plan to: |
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263 | 263 | | 42 (A) increase the capacity of providers of qualified early |
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264 | 264 | | 2023 IN 307—LS 6786/DI 148 7 |
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265 | 265 | | 1 education services to serve a greater number of eligible or |
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266 | 266 | | 2 limited eligibility children; |
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267 | 267 | | 3 (B) increase the number of providers of qualified early |
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268 | 268 | | 4 education services; or |
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269 | 269 | | 5 (C) increase the capacity as described in clause (A) and |
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270 | 270 | | 6 increase the number as described in clause (B); |
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271 | 271 | | 7 (2) comply with the agreement with the office concerning the plan |
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272 | 272 | | 8 under subdivision (1) and the use of a grant awarded under this |
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273 | 273 | | 9 chapter; |
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274 | 274 | | 10 (3) agree: |
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275 | 275 | | 11 (A) to operate as an eligible provider; or |
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276 | 276 | | 12 (B) that the applicant intends to operate as an eligible |
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277 | 277 | | 13 provider; |
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278 | 278 | | 14 (4) agree that the applicant will not use any grant funds awarded |
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279 | 279 | | 15 under this section for capital expenditures; and |
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280 | 280 | | 16 (5) comply with any other standards and procedures established |
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281 | 281 | | 17 under this chapter. |
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282 | 282 | | 18 (b) Subject to subsections (c) and (d), the office may award a grant |
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283 | 283 | | 19 to an applicant that meets the requirements of subsection (a). |
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284 | 284 | | 20 (c) The office may not use more than a total of twenty percent (20%) |
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285 | 285 | | 21 of the money in the pilot fund each state fiscal year: |
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286 | 286 | | 22 (1) for grants awarded under this chapter to potential eligible |
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287 | 287 | | 23 providers and existing eligible providers for expansion plans; and |
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288 | 288 | | 24 (2) to meet any state match amounts required for a federal grant |
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289 | 289 | | 25 described in subsection (f). |
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290 | 290 | | 26 (d) The office may not award grant funds under this section to an |
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291 | 291 | | 27 applicant for any of the following: |
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292 | 292 | | 28 (1) The purchase of land or a building. |
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293 | 293 | | 29 (2) The construction or expansion of a building. |
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294 | 294 | | 30 (e) If a potential eligible provider or existing eligible provider fails |
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295 | 295 | | 31 to: |
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296 | 296 | | 32 (1) use the grant funds in accordance with the expansion plan |
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297 | 297 | | 33 described in subsection (a); or |
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298 | 298 | | 34 (2) comply with the agreement entered into with the office under |
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299 | 299 | | 35 subsection (a); |
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300 | 300 | | 36 the potential eligible provider or existing eligible provider shall repay |
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301 | 301 | | 37 to the office the total amount of the grant awarded to the potential |
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302 | 302 | | 38 eligible provider or existing eligible provider under this chapter. |
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303 | 303 | | 39 (f) The office may use money in the pilot fund that is allocated for |
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304 | 304 | | 40 expansion plans under this section for a state fiscal year to meet any |
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305 | 305 | | 41 state match amounts required for a federal grant if the purpose of the |
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306 | 306 | | 42 federal grant is that the grant money be used for increasing: |
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307 | 307 | | 2023 IN 307—LS 6786/DI 148 8 |
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308 | 308 | | 1 (1) the capacity; |
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309 | 309 | | 2 (2) the number; or |
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310 | 310 | | 3 (3) both the capacity and number; |
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311 | 311 | | 4 of providers of early education services for children four (4) years of |
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312 | 312 | | 5 age. |
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313 | 313 | | 6 SECTION 10. IC 12-17.2-7.2-7.5, AS AMENDED BY |
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314 | 314 | | 7 P.L.184-2017, SECTION 24, IS AMENDED TO READ AS |
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315 | 315 | | 8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.5. The office may |
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316 | 316 | | 9 adopt rules under IC 4-22-2 concerning the implementation and the |
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317 | 317 | | 10 administration of the prekindergarten pilot program. |
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318 | 318 | | 11 SECTION 11. IC 12-17.2-7.2-7.8, AS AMENDED BY |
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319 | 319 | | 12 P.L.268-2019, SECTION 12, IS AMENDED TO READ AS |
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320 | 320 | | 13 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.8. (a) The office shall |
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321 | 321 | | 14 make random onsite inspections each year, as determined necessary by |
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322 | 322 | | 15 the office, at the facility of: |
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323 | 323 | | 16 (1) an eligible provider; or |
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324 | 324 | | 17 (2) a potential eligible provider or existing eligible provider; |
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325 | 325 | | 18 that receives a grant under this chapter. |
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326 | 326 | | 19 (b) The office may determine that an eligible provider or potential |
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327 | 327 | | 20 eligible provider or existing eligible provider is not eligible to receive |
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328 | 328 | | 21 a grant under the prekindergarten pilot program if the eligible provider |
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329 | 329 | | 22 or potential eligible provider or existing eligible provider: |
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330 | 330 | | 23 (1) fails to comply with this chapter; or |
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331 | 331 | | 24 (2) refuses to allow, during normal business hours, the office or |
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332 | 332 | | 25 an agent of the office to inspect the facility at which the eligible |
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333 | 333 | | 26 provider or potential eligible provider or existing eligible provider |
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334 | 334 | | 27 operates a child care program for eligible or limited eligibility |
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335 | 335 | | 28 children. |
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336 | 336 | | 29 SECTION 12. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019, |
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337 | 337 | | 30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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338 | 338 | | 31 JULY 1, 2023]: Sec. 8. (a) The office shall determine: |
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339 | 339 | | 32 (1) which applicants shall be awarded a grant; and |
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340 | 340 | | 33 (2) subject to subsection (b) and to the availability of funding, the |
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341 | 341 | | 34 amount of each grant. |
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342 | 342 | | 35 (b) At least five percent (5%) but not more than fifty percent (50%) |
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343 | 343 | | 36 of the: |
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344 | 344 | | 37 (1) tuition for eligible or limited eligibility children under the |
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345 | 345 | | 38 prekindergarten pilot program; or |
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346 | 346 | | 39 (2) expansion plan described in section 7.4(a) of this chapter; |
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347 | 347 | | 40 during the state fiscal year must be paid from donations, gifts, grants, |
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348 | 348 | | 41 bequests, and other funds received from a private entity or person, from |
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349 | 349 | | 42 the United States government, or from other sources (excluding funds |
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350 | 350 | | 2023 IN 307—LS 6786/DI 148 9 |
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351 | 351 | | 1 from a grant provided under this chapter and excluding other state |
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352 | 352 | | 2 funding). The office may receive and administer grants on behalf of the |
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353 | 353 | | 3 prekindergarten pilot program. The grants shall be distributed by the |
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354 | 354 | | 4 office to fulfill the requirements of this subsection. |
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355 | 355 | | 5 (c) The amount of a grant made under the pilot program to an |
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356 | 356 | | 6 eligible or limited eligibility child: |
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357 | 357 | | 7 (1) who attends a prekindergarten program full time must equal |
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358 | 358 | | 8 at least two thousand five hundred dollars ($2,500) during the |
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359 | 359 | | 9 state fiscal year; and |
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360 | 360 | | 10 (2) may not exceed six thousand eight hundred dollars ($6,800) |
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361 | 361 | | 11 from state money provided under this chapter during the state |
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362 | 362 | | 12 fiscal year. |
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363 | 363 | | 13 SECTION 13. IC 12-17.2-7.2-8.1, AS AMENDED BY |
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364 | 364 | | 14 P.L.216-2021, SECTION 5, IS AMENDED TO READ AS FOLLOWS |
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365 | 365 | | 15 [EFFECTIVE JULY 1, 2023]: Sec. 8.1. (a) If funds are appropriated by |
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366 | 366 | | 16 the general assembly, grants to limited eligibility children may not |
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367 | 367 | | 17 exceed: |
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368 | 368 | | 18 (1) twenty percent (20%) of the amount appropriated for a |
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369 | 369 | | 19 particular state fiscal year if families with children four (4) years |
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370 | 370 | | 20 of age are on the waiting list for funds available under the Child |
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371 | 371 | | 21 Care Development Fund; or |
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372 | 372 | | 22 (2) forty percent (40%) of the amount appropriated for a |
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373 | 373 | | 23 particular state fiscal year if there is no waiting list for children |
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374 | 374 | | 24 four (4) years of age for funds available under the Child Care |
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375 | 375 | | 25 Development Fund. |
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376 | 376 | | 26 (b) During the priority enrollment period, the office shall provide |
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377 | 377 | | 27 grants to eligible children in the prekindergarten pilot program on a |
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378 | 378 | | 28 first-come, first-served basis. The office shall date stamp and reserve |
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379 | 379 | | 29 applications for limited eligibility children received during the priority |
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380 | 380 | | 30 enrollment period for processing during the extended enrollment |
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381 | 381 | | 31 period. |
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382 | 382 | | 32 (c) During the extended enrollment period, the office shall provide |
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383 | 383 | | 33 grants to eligible children and limited eligibility children in the |
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384 | 384 | | 34 prekindergarten pilot program on a first-come, first-served basis to the |
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385 | 385 | | 35 extent of available funding and in accordance with the limit established |
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386 | 386 | | 36 by subsection (a). |
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387 | 387 | | 37 SECTION 14. IC 12-17.2-7.2-11, AS AMENDED BY |
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388 | 388 | | 38 P.L.165-2021, SECTION 142, IS AMENDED TO READ AS |
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389 | 389 | | 39 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Except as provided |
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390 | 390 | | 40 under IC 20-51-1-4.3(4)(E), the receipt of a grant under the pilot |
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391 | 391 | | 41 prekindergarten program does not qualify, nor have an effect on the |
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392 | 392 | | 42 qualification or eligibility, of a child for a choice scholarship under |
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393 | 393 | | 2023 IN 307—LS 6786/DI 148 10 |
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394 | 394 | | 1 IC 20-51-4. |
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395 | 395 | | 2 SECTION 15. IC 12-17.2-7.2-12, AS AMENDED BY |
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396 | 396 | | 3 P.L.184-2017, SECTION 29, IS AMENDED TO READ AS |
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397 | 397 | | 4 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) The office, in |
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398 | 398 | | 5 cooperation with the department of education, shall periodically |
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399 | 399 | | 6 carry out a longitudinal study of students who participate in the |
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400 | 400 | | 7 prekindergarten pilot program to determine the achievement levels of |
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401 | 401 | | 8 those students in kindergarten and later grades. |
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402 | 402 | | 9 (b) The longitudinal study must include a comparison of test and |
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403 | 403 | | 10 assessment results in grade 3 of: |
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404 | 404 | | 11 (1) the eligible children who participated in the prekindergarten |
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405 | 405 | | 12 pilot program; and |
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406 | 406 | | 13 (2) a control group determined by the office that consists of |
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407 | 407 | | 14 children who did not participate in the prekindergarten pilot |
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408 | 408 | | 15 program. |
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409 | 409 | | 16 (c) The office may, after consulting with the state board of |
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410 | 410 | | 17 education, enter into a contract with one (1) or more persons to carry |
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411 | 411 | | 18 out the longitudinal study under this section. The office may expend |
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412 | 412 | | 19 not more than one million dollars ($1,000,000) from the funds |
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413 | 413 | | 20 appropriated under section 9 of this chapter (repealed) to carry out the |
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414 | 414 | | 21 longitudinal study. |
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415 | 415 | | 22 SECTION 16. IC 12-17.2-7.2-13, AS AMENDED BY |
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416 | 416 | | 23 P.L.268-2019, SECTION 15, IS AMENDED TO READ AS |
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417 | 417 | | 24 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The office shall, |
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418 | 418 | | 25 before November 1 of each year, submit a report to the governor, the |
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419 | 419 | | 26 budget committee, the state board of education, the department of |
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420 | 420 | | 27 education, and, in an electronic format under IC 5-14-6, the general |
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421 | 421 | | 28 assembly regarding the prekindergarten pilot program. |
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422 | 422 | | 29 (b) The report under subsection (a) must include the following: |
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423 | 423 | | 30 (1) The total number of children who received a grant under the |
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424 | 424 | | 31 prekindergarten pilot program for the immediately preceding state |
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425 | 425 | | 32 fiscal year, disaggregated by county. |
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426 | 426 | | 33 (2) The total amount of funds budgeted for and spent under the |
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427 | 427 | | 34 prekindergarten pilot program during the immediately preceding |
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428 | 428 | | 35 state fiscal year. |
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429 | 429 | | 36 (3) The balance remaining in the pilot fund at the end of the |
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430 | 430 | | 37 immediately preceding state fiscal year. |
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431 | 431 | | 38 SECTION 17. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019, |
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432 | 432 | | 39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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433 | 433 | | 40 JULY 1, 2023]: Sec. 13.1. The office shall post monthly on the office's |
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434 | 434 | | 41 Internet web site website the total enrollment of and number of grants |
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435 | 435 | | 42 awarded to: |
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436 | 436 | | 2023 IN 307—LS 6786/DI 148 11 |
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437 | 437 | | 1 (1) all eligible children (before January 1, 2020); and |
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438 | 438 | | 2 (2) after December 31, 2019, both: |
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439 | 439 | | 3 (A) all eligible children; and |
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440 | 440 | | 4 (B) all limited eligibility children; |
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441 | 441 | | 5 for each county that participates in the prekindergarten pilot program. |
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442 | 442 | | 6 SECTION 18. IC 12-17.2-7.2-13.5, AS AMENDED BY |
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443 | 443 | | 7 P.L.156-2020, SECTION 60, IS AMENDED TO READ AS |
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444 | 444 | | 8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) The |
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445 | 445 | | 9 prekindergarten pilot program fund is established to: |
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446 | 446 | | 10 (1) provide grants to eligible or limited eligibility children for |
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447 | 447 | | 11 qualified early education services under this chapter; |
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448 | 448 | | 12 (2) carry out the longitudinal study described in section 12 of this |
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449 | 449 | | 13 chapter; |
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450 | 450 | | 14 (3) provide grants to potential eligible providers and existing |
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451 | 451 | | 15 eligible providers as set forth in section 7.4 of this chapter; and |
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452 | 452 | | 16 (4) make payments to reimburse costs incurred to provide |
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453 | 453 | | 17 in-home early education services under IC 12-17.2-7.5. |
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454 | 454 | | 18 (b) The fund consists of: |
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455 | 455 | | 19 (1) money appropriated to the fund by the general assembly; and |
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456 | 456 | | 20 (2) grants or gifts to the fund. |
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457 | 457 | | 21 (c) The fund shall be administered by the office. |
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458 | 458 | | 22 (d) The expenses of administering the fund shall be paid from |
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459 | 459 | | 23 money in the fund. |
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460 | 460 | | 24 (e) Money in the fund is continuously appropriated for the purposes |
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461 | 461 | | 25 provided under this article. |
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462 | 462 | | 26 (f) The treasurer of state shall invest the money in the fund not |
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463 | 463 | | 27 currently needed to meet the obligations of the fund in the same |
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464 | 464 | | 28 manner as other public funds may be invested. |
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465 | 465 | | 29 SECTION 19. IC 12-17.2-7.2-14 IS REPEALED [EFFECTIVE |
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466 | 466 | | 30 JULY 1, 2023]. Sec. 14. This chapter expires July 1, 2026. |
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467 | 467 | | 31 SECTION 20. IC 12-17.2-7.5-4, AS AMENDED BY P.L.165-2021, |
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468 | 468 | | 32 SECTION 143, IS AMENDED TO READ AS FOLLOWS |
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469 | 469 | | 33 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) After completing the review |
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470 | 470 | | 34 under section 3 of this chapter, the office may develop and implement |
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471 | 471 | | 35 a reimbursement program to reimburse costs that are incurred by a |
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472 | 472 | | 36 parent or guardian of a child to provide in-home early education |
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473 | 473 | | 37 services to the child. |
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474 | 474 | | 38 (b) If the office develops and implements a reimbursement program |
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475 | 475 | | 39 under subsection (a), the office may not give preference to a child |
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476 | 476 | | 40 located in a county that does not have a child care provider that meets |
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477 | 477 | | 41 the standards of quality recognized by a Level 3 or Level 4 Paths to |
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478 | 478 | | 42 QUALITY program rating located in the county. |
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479 | 479 | | 2023 IN 307—LS 6786/DI 148 12 |
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480 | 480 | | 1 (c) The office may develop reimbursement rates for the |
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481 | 481 | | 2 reimbursement of in-home early education services. |
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482 | 482 | | 3 (d) Reimbursement by the office under this section may be funded |
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483 | 483 | | 4 from any of the following sources: |
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484 | 484 | | 5 (1) Federal grants. |
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485 | 485 | | 6 (2) State appropriations. |
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486 | 486 | | 7 (3) Money from a political subdivision (as defined in |
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487 | 487 | | 8 IC 36-1-2-13). |
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488 | 488 | | 9 (4) Money from the prekindergarten pilot program fund |
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489 | 489 | | 10 established by IC 12-17.2-7.2-13.5. |
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490 | 490 | | 11 SECTION 21. IC 20-19-3-17, AS ADDED BY P.L.186-2018, |
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491 | 491 | | 12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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492 | 492 | | 13 JULY 1, 2023]: Sec. 17. (a) As used in this section, "foster care" has |
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493 | 493 | | 14 the meaning set forth in IC 31-9-2-46.7. |
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494 | 494 | | 15 (b) As used in this section, "foster care youth" means students in |
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495 | 495 | | 16 foster care. |
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496 | 496 | | 17 (c) As used in this section, "graduation rate" has the meaning set |
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497 | 497 | | 18 forth in IC 20-26-13-6. |
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498 | 498 | | 19 (d) The state board shall, in collaboration with the department and |
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499 | 499 | | 20 the department of child services, annually prepare a report on foster |
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500 | 500 | | 21 care youth educational outcomes that includes the following: |
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501 | 501 | | 22 (1) The annual graduation rate of foster care youth, including the |
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502 | 502 | | 23 following information: |
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503 | 503 | | 24 (A) The graduation rate for each of the following: |
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504 | 504 | | 25 (i) Foster care youth who received a graduation waiver |
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505 | 505 | | 26 under IC 20-32-4-4. |
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506 | 506 | | 27 (ii) Foster care youth who did not receive a graduation |
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507 | 507 | | 28 waiver under IC 20-32-4-4. |
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508 | 508 | | 29 (B) The number and percentage of foster care youth who |
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509 | 509 | | 30 received each type of diploma. |
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510 | 510 | | 31 (2) The adjusted cohort graduation rate for foster care youth, |
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511 | 511 | | 32 including the adjusted cohort graduation rate for each of the |
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512 | 512 | | 33 following: |
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513 | 513 | | 34 (A) Foster care youth who received a graduation waiver under |
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514 | 514 | | 35 IC 20-32-4-4. |
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515 | 515 | | 36 (B) Foster care youth who did not receive a graduation waiver |
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516 | 516 | | 37 under IC 20-32-4-4. |
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517 | 517 | | 38 (3) The number and percentage for each of the following: |
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518 | 518 | | 39 (A) Foster care youth who were promoted to the next grade |
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519 | 519 | | 40 level at the end of the school year. |
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520 | 520 | | 41 (B) Foster care youth who were retained in the same grade |
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521 | 521 | | 42 level for the next school year. |
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522 | 522 | | 2023 IN 307—LS 6786/DI 148 13 |
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523 | 523 | | 1 (C) Foster care youth who were suspended during the school |
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524 | 524 | | 2 year. |
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525 | 525 | | 3 (D) Foster care youth who were expelled during the school |
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526 | 526 | | 4 year. |
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527 | 527 | | 5 (E) Foster care youth who met academic standards on |
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528 | 528 | | 6 statewide assessment program tests (as defined in |
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529 | 529 | | 7 IC 20-32-2-2.3) administered during the school year. |
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530 | 530 | | 8 The information reported under this subdivision must also be |
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531 | 531 | | 9 disaggregated by race, grade, gender, free or reduced price lunch |
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532 | 532 | | 10 status, and eligibility for special education. |
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533 | 533 | | 11 (4) The number and percentage of eligible foster care youth who |
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534 | 534 | | 12 are enrolled in the prekindergarten pilot program under |
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535 | 535 | | 13 IC 12-17.2-7.2. |
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536 | 536 | | 14 (5) The number and percentage of foster care youth who passed |
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537 | 537 | | 15 the reading skills evaluation administered under IC 20-32-8.5-2. |
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538 | 538 | | 16 (6) The number and percentage of foster care youth enrolled in |
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539 | 539 | | 17 schools, disaggregated by the category or designation of the |
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540 | 540 | | 18 school under IC 20-31-8-3. |
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541 | 541 | | 19 (7) The number and percentage of foster care youth enrolled in |
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542 | 542 | | 20 schools, disaggregated by the type of school, including public |
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543 | 543 | | 21 schools, charter schools, and secure private facilities (as defined |
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544 | 544 | | 22 in IC 31-9-2-115). |
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545 | 545 | | 23 (e) Not later than June 30, 2019, the department shall: |
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546 | 546 | | 24 (1) after consulting with the department of child services, develop |
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547 | 547 | | 25 a remediation plan concerning foster care youth; and |
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548 | 548 | | 26 (2) submit a copy of the remediation plan to the following: |
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549 | 549 | | 27 (A) The state board. |
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550 | 550 | | 28 (B) The department of child services. |
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551 | 551 | | 29 (C) The legislative council in an electronic format under |
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552 | 552 | | 30 IC 5-14-6. |
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553 | 553 | | 31 (f) Before April 1, 2019, and before April 1 each year thereafter, the |
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554 | 554 | | 32 department shall submit the report described in subsection (d) to the |
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555 | 555 | | 33 following: |
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556 | 556 | | 34 (1) Department of child services. |
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557 | 557 | | 35 (2) Legislative council in an electronic format under IC 5-14-6. |
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558 | 558 | | 36 SECTION 22. IC 20-19-3-18, AS ADDED BY P.L.186-2018, |
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559 | 559 | | 37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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560 | 560 | | 38 JULY 1, 2023]: Sec. 18. (a) As used in this section, "graduation rate" |
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561 | 561 | | 39 has the meaning set forth in IC 20-26-13-6. |
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562 | 562 | | 40 (b) The state board shall, in collaboration with the department and |
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563 | 563 | | 41 the department of child services, annually prepare a report on homeless |
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564 | 564 | | 42 youth educational outcomes that includes the following: |
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565 | 565 | | 2023 IN 307—LS 6786/DI 148 14 |
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566 | 566 | | 1 (1) The annual graduation rate of homeless youth, including the |
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567 | 567 | | 2 following information: |
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568 | 568 | | 3 (A) The graduation rate for each of the following: |
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569 | 569 | | 4 (i) Homeless youth who received a graduation waiver under |
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570 | 570 | | 5 IC 20-32-4-4. |
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571 | 571 | | 6 (ii) Homeless youth who did not receive a graduation waiver |
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572 | 572 | | 7 under IC 20-32-4-4. |
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573 | 573 | | 8 (B) The number and percentage of homeless youth who |
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574 | 574 | | 9 received each type of diploma. |
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575 | 575 | | 10 (2) The adjusted cohort graduation rate for homeless youth, |
---|
576 | 576 | | 11 including the adjusted cohort graduation rate for each of the |
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577 | 577 | | 12 following: |
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578 | 578 | | 13 (A) Homeless youth who received a graduation waiver under |
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579 | 579 | | 14 IC 20-32-4-4. |
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580 | 580 | | 15 (B) Homeless youth who did not receive a graduation waiver |
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581 | 581 | | 16 under IC 20-32-4-4. |
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582 | 582 | | 17 (3) The number and percentage of each of the following: |
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583 | 583 | | 18 (A) Homeless youth who were promoted to the next grade |
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584 | 584 | | 19 level at the end of the school year. |
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585 | 585 | | 20 (B) Homeless youth who were retained in the same grade level |
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586 | 586 | | 21 for the next school year. |
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587 | 587 | | 22 (C) Homeless youth who were suspended during the school |
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588 | 588 | | 23 year. |
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589 | 589 | | 24 (D) Homeless youth who were expelled during the school year. |
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590 | 590 | | 25 (E) Homeless youth who met academic standards on statewide |
---|
591 | 591 | | 26 assessment program tests (as defined in IC 20-32-2-2.3) |
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592 | 592 | | 27 administered during the school year. |
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593 | 593 | | 28 The information reported under this subdivision must also be |
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594 | 594 | | 29 disaggregated by race, grade, gender, free or reduced price lunch |
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595 | 595 | | 30 status, and eligibility for special education. |
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596 | 596 | | 31 (4) The number and percentage of eligible homeless youth who |
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597 | 597 | | 32 are enrolled in the prekindergarten pilot program under |
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598 | 598 | | 33 IC 12-17.2-7.2. |
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599 | 599 | | 34 (5) The number and percentage of homeless youth who passed the |
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600 | 600 | | 35 reading skills evaluation administered under IC 20-32-8.5-2. |
---|
601 | 601 | | 36 (6) The number and percentage of homeless youth enrolled in |
---|
602 | 602 | | 37 schools, disaggregated by the category or designation of the |
---|
603 | 603 | | 38 school under IC 20-31-8-3. |
---|
604 | 604 | | 39 (7) The number and percentage of homeless youth enrolled in |
---|
605 | 605 | | 40 schools, disaggregated by the type of school, including public |
---|
606 | 606 | | 41 schools, charter schools, and secure private facilities (as defined |
---|
607 | 607 | | 42 in IC 31-9-2-115). |
---|
608 | 608 | | 2023 IN 307—LS 6786/DI 148 15 |
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609 | 609 | | 1 (c) Not later than August 31, 2019, the department shall: |
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610 | 610 | | 2 (1) develop a remediation plan concerning homeless youth; and |
---|
611 | 611 | | 3 (2) submit a copy of the remediation plan to the following: |
---|
612 | 612 | | 4 (A) The state board. |
---|
613 | 613 | | 5 (B) The Indiana housing and community development |
---|
614 | 614 | | 6 authority established by IC 5-20-1-3. |
---|
615 | 615 | | 7 (C) The legislative council in an electronic format under |
---|
616 | 616 | | 8 IC 5-14-6. |
---|
617 | 617 | | 9 (d) Before June 1, 2019, and before June 1 each year thereafter, the |
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618 | 618 | | 10 department shall submit the report described in subsection (b) to the |
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619 | 619 | | 11 following: |
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620 | 620 | | 12 (1) The Indiana housing and community development authority. |
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621 | 621 | | 13 (2) The legislative council in an electronic format under |
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622 | 622 | | 14 IC 5-14-6. |
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623 | 623 | | 2023 IN 307—LS 6786/DI 148 |
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