Indiana 2023 Regular Session

Indiana Senate Bill SB0375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0375.1~~
2		-	~~February 7, 2023~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 375
4	4		_____
5		-	DIGEST OF ~~SB 375 (Updated February 6, 2023 11:33 am - DI 119)~~
6		-	Citations Affected: IC 12-17.2~~; noncode~~.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 12-17.2.
7	7		Synopsis: Child care assistance. Requires the family and social
8	8		services administration (FSSA) to develop a schedule for child care and
9	9		development fund reimbursement of child care providers under which
10	10		the highest rate does not differ from the lowest rate by more than 50%.
11		-	Provides that children who are three years of age are eligible for the On
12		-	My Way Pre-K program (program). Raises the income eligibility limit
13		-	for grants under the program to 260% of the federal poverty level, and
	11	+	Raises the income eligibility limit for grants under the On My Way
	12	+	Pre-K program (program) to 260% of the federal poverty level, and
14	13		provides that: (1) a child whose annual household income does not
15	14		exceed 200% of the federal poverty level is eligible for 100% of the
16	15		maximum grant amount; (2) a child whose annual household income
17	16		exceeds 200% of the federal poverty level, but does not exceed 220%
18	17		of the federal poverty level, is eligible for 75% of the maximum grant
19	18		amount; (3) a child whose annual household income exceeds 220% of
20		-	(Continued next page)
21		-	Effective: July 1, 2023.
22		-	Rogers, Walker G, Donato,
23		-	Ford J.D., Hunley, Yoder
24		-	January 19, 2023, read first time and referred to Committee on Family and Children
25		-	Services.
26		-	February 6, 2023, reported favorably — Do Pass; reassigned to Committee on
27		-	Appropriations.
28		-	SB 375—LS 7326/DI 119 Digest Continued
29	19		the federal poverty level, but does not exceed 240% of the federal
30	20		poverty level, is eligible for 50% of the maximum grant amount; and
31	21		(4) a child whose annual household income exceeds 240% of the
32	22		federal poverty level, but does not exceed 260% of the federal poverty
33	23		level, is eligible for 25% of the maximum grant amount. Eliminates
34	24		provisions regarding limited eligibility for grants under the program.
35	25		Provides that a parent or guardian of a child who is awarded a grant
36	26		under the program shall reimburse FSSA the amount of the grant funds
37	27		that have been distributed to the parent or guardian if the parent or
38	28		guardian fails to: (1) obtain employment; and (2) start working; within
39	29		90 days after the child is enrolled in a prekindergarten program, subject
40	30		to short term waiver of this requirement under specified circumstances.
41		-	SB 375—LS 7326/DI 119SB 375—LS 7326/DI 119 February 7, 2023
	31	+	Effective: July 1, 2023.
	32	+	Rogers
	33	+	January 19, 2023, read first time and referred to Committee on Family and Children
	34	+	Services.
	35	+	2023 IN 375—LS 7326/DI 119 Introduced
42	36		First Regular Session of the 123rd General Assembly (2023)
43	37		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
44	38		Constitution) is being amended, the text of the existing provision will appear in this style type,
45	39		additions will appear in this style type, and deletions will appear in this style type.
46	40		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
47	41		provision adopted), the text of the new provision will appear in this style type. Also, the
48	42		word NEW will appear in that style type in the introductory clause of each SECTION that adds
49	43		a new provision to the Indiana Code or the Indiana Constitution.
50	44		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
51	45		between statutes enacted by the 2022 Regular Session of the General Assembly.
52	46		SENATE BILL No. 375
53	47		A BILL FOR AN ACT to amend the Indiana Code concerning
54	48		human services.
55	49		Be it enacted by the General Assembly of the State of Indiana:
56	50		1 SECTION 1. IC 12-17.2-3.5-14.5, AS ADDED BY P.L.184-2017,
57	51		2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
58	52		3 JULY 1, 2023]: Sec. 14.5. Not later than July 1, 2017, The division
59	53		4 shall develop a provider rate reimbursement schedule:
60	54		5 (1) that uses money appropriated by the general assembly as an
61	55		6 incentive for providers that are eligible to receive voucher
62	56		7 payments under this chapter to meet the standards of quality
63	57		8 recognized by a Level 3 or Level 4 Paths to QUALITY program
64	58		9 rating; and
65	59		10 (2) under which, to the extent not inconsistent with federal
66	60		11 law, the highest rate does not differ from the lowest rate by
67	61		12 more than fifty percent (50%).
68	62		13 SECTION 2. IC 12-17.2-7.2-1, AS AMENDED BY P.L.268-2019,
69	63		14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	64		15 JULY 1, 2023]: Sec. 1. As used in this chapter, "eligible child" refers
71	65		16 to an individual who:
72	66		17 (1) is at least four (4) three (3) years of age and less than five (5)
73		-	SB 375—LS 7326/DI 119 2
	67	+	2023 IN 375—LS 7326/DI 119 2
74	68		1 years of age on August 1 of the state fiscal year for which a grant
75	69		2 is sought under the prekindergarten pilot program;
76	70		3 (2) is a resident of Indiana or otherwise has legal settlement in
77	71		4 Indiana, as determined under IC 20-26-11;
78	72		5 (3) is a member of a household with an annual income that does
79	73		6 not exceed one hundred twenty-seven percent (127%) two
80	74		7 hundred percent sixty (260%) of the federal poverty level;
81	75		8 (4) receives qualified early education services from an eligible
82	76		9 provider, as determined by the office;
83	77		10 (5) has a parent or guardian who participates in a parental
84	78		11 engagement and involvement component provided by the eligible
85	79		12 provider;
86	80		13 (6) has a parent or guardian who agrees to ensure that the child
87	81		14 meets the attendance requirements determined by the office; and
88	82		15 (7) meets the requirements under section 7.2(a) and 7.2(c) 7.2(b)
89	83		16 of this chapter.
90	84		17 SECTION 3. IC 12-17.2-7.2-2, AS AMENDED BY P.L.268-2019,
91	85		18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92	86		19 JULY 1, 2023]: Sec. 2. As used in this chapter, "eligible provider"
93	87		20 refers to a provider that satisfies the following conditions:
94	88		21 (1) The provider is:
95	89		22 (A) a:
96	90		23 (i) public school, including a charter school;
97	91		24 (ii) child care center licensed under IC 12-17.2-4;
98	92		25 (iii) child care home licensed under IC 12-17.2-5; or
99	93		26 (iv) child care ministry registered under IC 12-17.2-6;
100	94		27 that meets the standards of quality recognized by a Level 3 or
101	95		28 Level 4 paths to QUALITY program rating;
102	96		29 (B) a school that is accredited by the state board of education
103	97		30 or a national or regional accreditation agency that is
104	98		31 recognized by the state board of education; or
105	99		32 (C) a school that is accredited to provide qualified early
106	100		33 education services by an accrediting agency approved by the
107	101		34 office of the secretary.
108	102		35 (2) The provider:
109	103		36 (A) provides qualified early education services to eligible and
110	104		37 limited eligibility children; and
111	105		38 (B) complies with the agreement with the office concerning
112	106		39 the delivery of qualified education services and the use of a
113	107		40 grant provided under this chapter.
114	108		41 SECTION 4. IC 12-17.2-7.2-2.5 IS REPEALED [EFFECTIVE
115	109		42 JULY 1, 2023]. Sec. 2.5. As used in this chapter, "limited eligibility
116		-	SB 375—LS 7326/DI 119 3
	110	+	2023 IN 375—LS 7326/DI 119 3
117	111		1 child" refers to an individual who:
118	112		2 (1) is at least four (4) years of age and less than five (5) years of
119	113		3 age on August 1 of the state fiscal year for which a grant is sought
120	114		4 under the prekindergarten pilot program;
121	115		5 (2) is a resident of Indiana or otherwise has legal settlement in
122	116		6 Indiana, as determined under IC 20-26-11;
123	117		7 (3) receives qualified early education services from an eligible
124	118		8 provider, as determined by the office;
125	119		9 (4) has a parent or guardian who agrees to ensure that the child
126	120		10 meets the attendance requirements determined by the office;
127	121		11 (5) has a parent or guardian who participates in a parental
128	122		12 engagement and involvement component provided by the eligible
129	123		13 provider;
130	124		14 (6) is a member of a household with an annual income that does
131	125		15 not exceed one hundred eighty-five percent (185%) of the federal
132	126		16 poverty level;
133	127		17 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
134	128		18 chapter; and
135	129		19 (8) is not an eligible child.
136	130		20 SECTION 5. IC 12-17.2-7.2-5.7 IS REPEALED [EFFECTIVE
137	131		21 JULY 1, 2023]. Sec. 5.7. As used in this chapter, "priority enrollment
138	132		22 period" refers to the period set forth by the office beginning not later
139	133		23 than April 1 of each calendar year, except for calendar year 2021,
140	134		24 during which the priority enrollment period may begin later than April
141	135		25 1, 2021.
142	136		26 SECTION 6. IC 12-17.2-7.2-6, AS AMENDED BY P.L.268-2019,
143	137		27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
144	138		28 JULY 1, 2023]: Sec. 6. As used in this chapter, "qualified early
145	139		29 education services" refers to a program of early education services that:
146	140		30 (1) is provided by an eligible provider to an eligible or limited
147	141		31 eligibility child;
148	142		32 (2) includes a parental engagement and involvement component
149	143		33 in the delivery of early education services that is based on the
150	144		34 requirements and guidelines established by the office;
151	145		35 (3) administers the kindergarten readiness assessment adopted by
152	146		36 the state board of education;
153	147		37 (4) aligns with the early learning development framework for
154	148		38 prekindergarten approved by the department of education under
155	149		39 IC 20-19-3-16; and
156	150		40 (5) meets the design parameters for inclusion in the longitudinal
157	151		41 study described in section 12 of this chapter, as determined by the
158	152		42 office.
159		-	SB 375—LS 7326/DI 119 4
	153	+	2023 IN 375—LS 7326/DI 119 4
160	154		1 SECTION 7. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019,
161	155		2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
162	156		3 JULY 1, 2023]: Sec. 7. (a) The office may establish a prekindergarten
163	157		4 pilot program to provide grants for:
164	158		5 (1) qualified early education services in a manner consistent with
165	159		6 how funds are distributed under the Child Care and Development
166	160		7 Fund (CCDF) grant program; and
167	161		8 (2) expansion plans as described in section 7.4(a)(2) of this
168	162		9 chapter.
169	163		10 (b) The office shall administer the prekindergarten pilot program.
170	164		11 The prekindergarten pilot program may include:
171	165		12 (1) eligible providers in Indiana; and
172	166		13 (2) potential eligible providers or existing eligible providers as
173	167		14 described in section 7.4 of this chapter.
174	168		15 (c) Before July 1, 2017, the prekindergarten pilot program includes
175	169		16 eligible providers in the following pilot counties:
176	170		17 (1) Allen.
177	171		18 (2) Jackson.
178	172		19 (3) Lake.
179	173		20 (4) Marion.
180	174		21 (5) Vanderburgh.
181	175		22 The total number of grants the office awards to eligible children in a
182	176		23 county listed in this subsection during a state fiscal year may not be
183	177		24 less than the total number of grants the office awarded to eligible
184	178		25 children in that county during the immediately preceding state fiscal
185	179		26 year unless the office determines that there is an insufficient number of
186	180		27 eligible children or eligible providers in the county to justify the total
187	181		28 number of grants for that county. Beginning July 1, 2020, the total
188	182		29 number of grants during the immediately preceding state fiscal year
189	183		30 shall include the number of grants issued under a preschool program
190	184		31 established in March 2015 that operates in a consolidated city.
191	185		32 (d) After June 30, 2017, and before July 1, 2019, in addition to the
192	186		33 counties listed under subsection (c), the prekindergarten pilot program
193	187		34 includes eligible providers in fifteen (15) additional counties. In
194	188		35 determining which counties are designated as pilot counties under this
195	189		36 subsection, the office shall give preference to counties that are
196	190		37 primarily rural. The total number of grants the office awards to eligible
197	191		38 children in a county designated under this subsection during a state
198	192		39 fiscal year may not be less than the total number of grants the office
199	193		40 awarded to eligible children in that county during the immediately
200	194		41 preceding state fiscal year unless the office determines that there is an
201	195		42 insufficient number of eligible children or eligible providers in the
202		-	SB 375—LS 7326/DI 119 5
	196	+	2023 IN 375—LS 7326/DI 119 5
203	197		1 county to justify the total number of grants for that county.
204	198		2 (e) In addition to the counties listed in subsection (c) and counties
205	199		3 designated under subsection (d), the prekindergarten pilot program
206	200		4 includes eligible providers in any county in Indiana.
207	201		5 (f) Subject to the requirements of this chapter, the office shall
208	202		6 determine:
209	203		7 (1) the eligibility requirements, application process, and selection
210	204		8 process for awarding grants under the prekindergarten pilot
211	205		9 program;
212	206		10 (2) the administration and reporting requirements for:
213	207		11 (A) eligible providers; and
214	208		12 (B) potential eligible providers or existing eligible providers;
215	209		13 participating in the prekindergarten pilot program; and
216	210		14 (3) with the assistance of the early learning advisory committee,
217	211		15 an appropriate outcomes based accountability system for:
218	212		16 (A) eligible providers; and
219	213		17 (B) potential eligible providers or existing eligible providers.
220	214		18 (g) Before implementing the prekindergarten pilot program, the
221	215		19 office shall submit the provisions of the prekindergarten pilot program
222	216		20 to the state board of education for the state board of education's review
223	217		21 and comment.
224	218		22 (h) The office shall, subject to the availability of funding, determine
225	219		23 the number of eligible children who will participate in the
226	220		24 prekindergarten pilot program. After December 31, 2019, the office
227	221		25 shall, subject to the availability of funding, determine the number of
228	222		26 limited eligibility children who will participate in the prekindergarten
229	223		27 pilot program.
230	224		28 SECTION 8. IC 12-17.2-7.2-7.2, AS AMENDED BY P.L.268-2019,
231	225		29 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
232	226		30 JULY 1, 2023]: Sec. 7.2. (a) For an eligible child to qualify for a grant
233	227		31 under this chapter, the eligible child must reside with a parent or
234	228		32 guardian who is:
235	229		33 (1) working or attending a job training or an educational program;
236	230		34 or
237	231		35 (2) actively seeking employment, subject to the approval by the
238	232		36 United States Department of Health and Human Services as
239	233		37 provided in 45 CFR 98.21; or
240	234		38 (3) receives Social Security Disability Insurance or
241	235		39 Supplemental Security Income benefits.
242	236		40 (b) For a limited eligibility child to qualify for a grant under this
243	237		41 chapter, the limited eligibility child must reside with a parent or
244	238		42 guardian who:
245		-	SB 375—LS 7326/DI 119 6
	239	+	2023 IN 375—LS 7326/DI 119 6
246	240		1 (1) is working or attending a job training or an educational
247	241		2 program;
248	242		3 (2) is actively seeking employment, subject to the approval by the
249	243		4 United States Department of Health and Human Services as
250	244		5 provided in 45 CFR 98.21; or
251	245		6 (3) receives Social Security Disability Insurance or Supplemental
252	246		7 Security Income benefits.
253	247		8 (c) (b) Before the office may award a grant to an eligible or limited
254	248		9 eligibility child under this chapter, the office shall require that a parent
255	249		10 or guardian of the eligible or limited eligibility child agree to the
256	250		11 following:
257	251		12 (1) The eligible or limited eligibility child will attend the
258	252		13 prekindergarten program of an eligible provider selected by the
259	253		14 parent or guardian for the full duration of the prekindergarten
260	254		15 program year.
261	255		16 (2) The parent or guardian will not transfer to another
262	256		17 prekindergarten program during the prekindergarten program
263	257		18 year.
264	258		19 (3) The eligible or limited eligibility child will attend the
265	259		20 prekindergarten program at least eighty-five percent (85%) of the
266	260		21 days that the prekindergarten program is provided.
267	261		22 (4) The parent or guardian will allow the eligible or limited
268	262		23 eligibility child to participate in an external evaluation conducted
269	263		24 by researchers, including the kindergarten readiness assessment
270	264		25 and measuring of developmental and academic progress.
271	265		26 (5) The parent or guardian will participate in family engagement
272	266		27 and involvement activities offered by the selected prekindergarten
273	267		28 program, including meetings with the eligible or limited eligibility
274	268		29 child's teacher to discuss the eligible or limited eligibility child's
275	269		30 progress or any other conference concerning the eligible or
276	270		31 limited eligibility child that is requested by the eligible provider.
277	271		32 (6) The parent or guardian will complete the necessary forms for
278	272		33 the eligible child or limited eligibility child to receive a student
279	273		34 test number from the department of education.
280	274		35 (7) The parent or guardian will send the eligible or limited
281	275		36 eligibility child to kindergarten.
282	276		37 (8) The parent or guardian will read to the eligible or limited
283	277		38 eligibility child each week.
284	278		39 (9) The parent or guardian will reimburse the office if
285	279		40 required to do so under subsection (d).
286	280		41 (9) (10) Any other condition the office determines is appropriate.
287	281		42 (d) (c) Priority may be given to an eligible or limited eligibility child
288		-	SB 375—LS 7326/DI 119 7
	282	+	2023 IN 375—LS 7326/DI 119 7
289	283		1 under this section if a parent or guardian of the eligible or limited
290	284		2 eligibility child is:
291	285		3 (1) involved in activities that improve the parent's or guardian's
292	286		4 education; or
293	287		5 (2) involved in job training.
294	288		6 (d) If an eligible child is awarded a grant under this chapter, the
295	289		7 eligible child's parent or guardian must:
296	290		8 (1) obtain employment; and
297	291		9 (2) be working;
298	292		10 not later than ninety (90) days after the eligible child is enrolled in
299	293		11 the prekindergarten program. Subject to subsection (e), if the
300	294		12 parent or guardian does not meet the requirements under
301	295		13 subdivisions (1) and (2), the parent or guardian shall reimburse the
302	296		14 office the amount of the grant funds that have been distributed to
303	297		15 the parent or guardian.
304	298		16 (e) A parent or guardian may request, and the office may grant,
305	299		17 a short term waiver from the condition under subsection (d)(2) if
306	300		18 the parent or guardian:
307	301		19 (1) has obtained employment; and
308	302		20 (2) has, through no fault of the parent or guardian, been
309	303		21 unable to start working;
310	304		22 within the time specified under subsection (d).
311	305		23 SECTION 9. IC 12-17.2-7.2-7.3, AS AMENDED BY P.L.268-2019,
312	306		24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
313	307		25 JULY 1, 2023]: Sec. 7.3. The office shall require, for an eligible
314	308		26 provider to enroll in the prekindergarten pilot program, that the eligible
315	309		27 provider agree to the following:
316	310		28 (1) Comply on a continuing basis with the requirements under this
317	311		29 chapter and rules for participation established by the office.
318	312		30 (2) Maintain eligibility under this chapter throughout the
319	313		31 prekindergarten program year.
320	314		32 (3) Report immediately any changes in eligibility status to the
321	315		33 office, including the eligible provider's loss of national or regional
322	316		34 accreditation.
323	317		35 (4) Participate in any training and mandatory meetings required
324	318		36 by the office.
325	319		37 (5) Participate in all onsite visits conducted by the office,
326	320		38 including fiscal auditing activities with regard to the
327	321		39 prekindergarten pilot program and prekindergarten program
328	322		40 activity monitoring.
329	323		41 (6) Allow families of eligible or limited eligibility children
330	324		42 enrolled in the prekindergarten program of the eligible provider
331		-	SB 375—LS 7326/DI 119 8
	325	+	2023 IN 375—LS 7326/DI 119 8
332	326		1 to visit at any time the prekindergarten program is in operation.
333	327		2 (7) Maintain accurate online attendance records through the
334	328		3 attendance portal for eligible or limited eligibility children
335	329		4 enrolled in the prekindergarten pilot program and submit
336	330		5 attendance records as required by the office.
337	331		6 (8) Offer parental engagement and involvement activities in the
338	332		7 prekindergarten program of the eligible provider in alignment
339	333		8 with the family engagement framework adopted by the early
340	334		9 learning advisory committee established by IC 12-17.2-3.8-5.
341	335		10 (9) Complete, within the period established by the office, the
342	336		11 Indiana early childhood family engagement toolkit, including the
343	337		12 family engagement self-assessment, adopted by the early learning
344	338		13 advisory committee.
345	339		14 (10) Share information on the family engagement self-assessment
346	340		15 described in subdivision (9) as required by the office.
347	341		16 (11) Participate in research studies as required by the office.
348	342		17 (12) Enforce minimum attendance requirements of at least
349	343		18 eighty-five percent (85%) of the days that the prekindergarten
350	344		19 program of the eligible provider is offered to an eligible or limited
351	345		20 eligibility child.
352	346		21 (13) Inform the office that an eligible or limited eligibility child
353	347		22 has withdrawn from the prekindergarten program of the eligible
354	348		23 provider not later than five (5) days after the eligible or limited
355	349		24 eligibility child is withdrawn.
356	350		25 (14) That retroactive repayment to the state may be required or
357	351		26 future payments may be adjusted as a result of the withdrawal of
358	352		27 an eligible or limited eligibility child or changes in the law.
359	353		28 (15) Maintain records of participation by a family of an eligible
360	354		29 or limited eligibility child in family engagement activities and
361	355		30 submit records as required by the office.
362	356		31 (16) Promote an eligible or limited eligibility child's social,
363	357		32 emotional, and behavioral health and eliminate or severely limit
364	358		33 the use of expulsion, suspension, and other exclusionary
365	359		34 discipline practices.
366	360		35 (17) Use the exclusionary discipline practices described in
367	361		36 subdivision (16) only as a last resort in extraordinary
368	362		37 circumstances when there is a determination of a serious safety
369	363		38 threat that cannot otherwise be reduced or eliminated by the
370	364		39 provision of reasonable modifications.
371	365		40 (18) Inform and receive approval from the office before the
372	366		41 eligible provider expels, suspends, or uses other exclusionary
373	367		42 discipline practices.
374		-	SB 375—LS 7326/DI 119 9
	368	+	2023 IN 375—LS 7326/DI 119 9
375	369		1 (19) Assist a parent or guardian, upon request by the parent or
376	370		2 guardian, in obtaining information from, referral to, or both
377	371		3 information from and referral to, the public school that serves the
378	372		4 attendance area in which the parent or guardian resides for an
379	373		5 educational evaluation and determination of eligibility for special
380	374		6 education services if developmental delays or reasons to suspect
381	375		7 a disability are observed by the parent, guardian, or teacher of an
382	376		8 eligible or limited eligibility child during the prekindergarten
383	377		9 program year.
384	378		10 SECTION 10. IC 12-17.2-7.2-7.4, AS AMENDED BY
385	379		11 P.L.268-2019, SECTION 11, IS AMENDED TO READ AS
386	380		12 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.4. (a) To qualify as
387	381		13 a potential eligible provider or existing eligible provider, an applicant
388	382		14 must:
389	383		15 (1) provide an expansion plan to the office that details the
390	384		16 potential eligible provider's or existing eligible provider's plan to:
391	385		17 (A) increase the capacity of providers of qualified early
392	386		18 education services to serve a greater number of eligible or
393	387		19 limited eligibility children;
394	388		20 (B) increase the number of providers of qualified early
395	389		21 education services; or
396	390		22 (C) increase the capacity as described in clause (A) and
397	391		23 increase the number as described in clause (B);
398	392		24 (2) comply with the agreement with the office concerning the plan
399	393		25 under subdivision (1) and the use of a grant awarded under this
400	394		26 chapter;
401	395		27 (3) agree:
402	396		28 (A) to operate as an eligible provider; or
403	397		29 (B) that the applicant intends to operate as an eligible
404	398		30 provider;
405	399		31 (4) agree that the applicant will not use any grant funds awarded
406	400		32 under this section for capital expenditures; and
407	401		33 (5) comply with any other standards and procedures established
408	402		34 under this chapter.
409	403		35 (b) Subject to subsections (c) and (d), the office may award a grant
410	404		36 to an applicant that meets the requirements of subsection (a).
411	405		37 (c) The office may not use more than a total of twenty percent (20%)
412	406		38 of the money in the pilot fund each state fiscal year:
413	407		39 (1) for grants awarded under this chapter to potential eligible
414	408		40 providers and existing eligible providers for expansion plans; and
415	409		41 (2) to meet any state match amounts required for a federal grant
416	410		42 described in subsection (f).
417		-	SB 375—LS 7326/DI 119 10
	411	+	2023 IN 375—LS 7326/DI 119 10
418	412		1 (d) The office may not award grant funds under this section to an
419	413		2 applicant for any of the following:
420	414		3 (1) The purchase of land or a building.
421	415		4 (2) The construction or expansion of a building.
422	416		5 (e) If a potential eligible provider or existing eligible provider fails
423	417		6 to:
424	418		7 (1) use the grant funds in accordance with the expansion plan
425	419		8 described in subsection (a); or
426	420		9 (2) comply with the agreement entered into with the office under
427	421		10 subsection (a);
428	422		11 the potential eligible provider or existing eligible provider shall repay
429	423		12 to the office the total amount of the grant awarded to the potential
430	424		13 eligible provider or existing eligible provider under this chapter.
431	425		14 (f) The office may use money in the pilot fund that is allocated for
432	426		15 expansion plans under this section for a state fiscal year to meet any
433	427		16 state match amounts required for a federal grant if the purpose of the
434	428		17 federal grant is that the grant money be used for increasing:
435	429		18 (1) the capacity;
436	430		19 (2) the number; or
437	431		20 (3) both the capacity and number;
438	432		21 of providers of early education services for children four (4) years of
439	433		22 age.
440	434		23 SECTION 11. IC 12-17.2-7.2-7.8, AS AMENDED BY
441	435		24 P.L.268-2019, SECTION 12, IS AMENDED TO READ AS
442	436		25 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.8. (a) The office shall
443	437		26 make random onsite inspections each year, as determined necessary by
444	438		27 the office, at the facility of:
445	439		28 (1) an eligible provider; or
446	440		29 (2) a potential eligible provider or existing eligible provider;
447	441		30 that receives a grant under this chapter.
448	442		31 (b) The office may determine that an eligible provider or potential
449	443		32 eligible provider or existing eligible provider is not eligible to receive
450	444		33 a grant under the prekindergarten pilot program if the eligible provider
451	445		34 or potential eligible provider or existing eligible provider:
452	446		35 (1) fails to comply with this chapter; or
453	447		36 (2) refuses to allow, during normal business hours, the office or
454	448		37 an agent of the office to inspect the facility at which the eligible
455	449		38 provider or potential eligible provider or existing eligible provider
456	450		39 operates a child care program for eligible or limited eligibility
457	451		40 children.
458	452		41 SECTION 12. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019,
459	453		42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
460		-	SB 375—LS 7326/DI 119 11
	454	+	2023 IN 375—LS 7326/DI 119 11
461	455		1 JULY 1, 2023]: Sec. 8. (a) The office shall determine:
462	456		2 (1) which applicants shall be awarded a grant; and
463	457		3 (2) subject to subsection (b) and to the availability of funding, the
464	458		4 amount of each grant.
465	459		5 (b) At least five percent (5%) but not more than fifty percent (50%)
466	460		6 of the:
467	461		7 (1) tuition for eligible or limited eligibility children under the
468	462		8 prekindergarten pilot program; or
469	463		9 (2) expansion plan described in section 7.4(a) of this chapter;
470	464		10 during the state fiscal year must be paid from donations, gifts, grants,
471	465		11 bequests, and other funds received from a private entity or person, from
472	466		12 the United States government, or from other sources (excluding funds
473	467		13 from a grant provided under this chapter and excluding other state
474	468		14 funding). The office may receive and administer grants on behalf of the
475	469		15 prekindergarten pilot program. The grants shall be distributed by the
476	470		16 office to fulfill the requirements of this subsection.
477	471		17 (c) The amount of a grant made under the pilot program to an
478	472		18 eligible or limited eligibility child
479	473		19 (1) who attends a prekindergarten program full time must equal
480	474		20 at least two thousand five hundred dollars ($2,500) during the
481	475		21 state fiscal year. and
482	476		22 (2) (d) The amount of a grant made under the pilot program to
483	477		23 an eligible child that is paid from state money provided under this
484	478		24 chapter may not exceed the following in a state fiscal year:
485	479		25 (1) For an eligible child who is a member of a household with
486	480		26 an annual income that does not exceed two hundred percent
487	481		27 (200%) of the federal poverty level, six thousand eight hundred
488	482		28 dollars ($6,800). from state money provided under this chapter
489	483		29 during the state fiscal year.
490	484		30 (2) For an eligible child who is a member of a household with
491	485		31 an annual income that:
492	486		32 (A) exceeds two hundred percent (200%) of the federal
493	487		33 poverty level; and
494	488		34 (B) does not exceed two hundred twenty percent (220%) of
495	489		35 the federal poverty level;
496	490		36 seventy-five percent (75%) of the amount specified in
497	491		37 subdivision (1).
498	492		38 (3) For an eligible child who is a member of a household with
499	493		39 an annual income that:
500	494		40 (A) exceeds two hundred twenty percent (220%) of the
501	495		41 federal poverty level; and
502	496		42 (B) does not exceed two hundred forty percent (240%) of
503		-	SB 375—LS 7326/DI 119 12
	497	+	2023 IN 375—LS 7326/DI 119 12
504	498		1 the federal poverty level;
505	499		2 fifty percent (50%) of the amount specified in subdivision (1).
506	500		3 (4) For an eligible child who is a member of a household with
507	501		4 an annual income that:
508	502		5 (A) exceeds two hundred forty percent (240%) of the
509	503		6 federal poverty level; and
510	504		7 (B) does not exceed two hundred sixty percent (260%) of
511	505		8 the federal poverty level;
512	506		9 twenty-five percent (25%) of the amount specified in
513	507		10 subdivision (1).
514	508		11 SECTION 13. IC 12-17.2-7.2-8.1 IS REPEALED [EFFECTIVE
515	509		12 JULY 1, 2023]. Sec. 8.1. (a) If funds are appropriated by the general
516	510		13 assembly, grants to limited eligibility children may not exceed:
517	511		14 (1) twenty percent (20%) of the amount appropriated for a
518	512		15 particular state fiscal year if families with children four (4) years
519	513		16 of age are on the waiting list for funds available under the Child
520	514		17 Care Development Fund; or
521	515		18 (2) forty percent (40%) of the amount appropriated for a
522	516		19 particular state fiscal year if there is no waiting list for children
523	517		20 four (4) years of age for funds available under the Child Care
524	518		21 Development Fund.
525	519		22 (b) During the priority enrollment period, the office shall provide
526	520		23 grants to eligible children in the prekindergarten pilot program on a
527	521		24 first-come, first-served basis. The office shall date stamp and reserve
528	522		25 applications for limited eligibility children received during the priority
529	523		26 enrollment period for processing during the extended enrollment
530	524		27 period.
531	525		28 (c) During the extended enrollment period, the office shall provide
532	526		29 grants to eligible children and limited eligibility children in the
533	527		30 prekindergarten pilot program on a first-come, first-served basis to the
534	528		31 extent of available funding and in accordance with the limit established
535	529		32 by subsection (a).
536	530		33 SECTION 14. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019,
537	531		34 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
538	532		35 JULY 1, 2023]: Sec. 13.1. The office shall post monthly on the office's
539	533		36 Internet web site the total enrollment of and number of grants awarded
540	534		37 to
541	535		38 (1) all eligible children (before January 1, 2020); and
542	536		39 (2) after December 31, 2019, both:
543	537		40 (A) all eligible children; and
544	538		41 (B) all limited eligibility children;
545	539		42 for each county that participates in the prekindergarten pilot program.
546		-	SB 375—LS 7326/DI 119 13
	540	+	2023 IN 375—LS 7326/DI 119 13
547	541		1 SECTION 15. IC 12-17.2-7.2-13.5, AS AMENDED BY
548	542		2 P.L.156-2020, SECTION 60, IS AMENDED TO READ AS
549	543		3 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) The
550	544		4 prekindergarten pilot program fund is established to:
551	545		5 (1) provide grants to eligible or limited eligibility children for
552	546		6 qualified early education services under this chapter;
553	547		7 (2) carry out the longitudinal study described in section 12 of this
554	548		8 chapter;
555	549		9 (3) provide grants to potential eligible providers and existing
556	550		10 eligible providers as set forth in section 7.4 of this chapter; and
557	551		11 (4) make payments to reimburse costs incurred to provide
558	552		12 in-home early education services under IC 12-17.2-7.5.
559	553		13 (b) The fund consists of:
560	554		14 (1) money appropriated to the fund by the general assembly; and
561	555		15 (2) grants or gifts to the fund.
562	556		16 (c) The fund shall be administered by the office.
563	557		17 (d) The expenses of administering the fund shall be paid from
564	558		18 money in the fund.
565	559		19 (e) Money in the fund is continuously appropriated for the purposes
566	560		20 provided under this article.
567	561		21 (f) The treasurer of state shall invest the money in the fund not
568	562		22 currently needed to meet the obligations of the fund in the same
569	563		23 manner as other public funds may be invested.
570	564		24 SECTION 16. [EFFECTIVE JULY 1, 2023] (a) Not later than
571	565		25 December 31, 2023, the office of the secretary of family and social
572	566		26 services shall:
573	567		27 (1) submit to the United States Department of Health and
574	568		28 Human Services any state plan amendment necessary to
575	569		29 implement; and
576	570		30 (2) amend the rules of the division of family resources in
577	571		31 conformance with;
578	572		32 IC 12-17.2, as amended by this act.
579	573		33 (b) This SECTION expires January 1, 2024.
580		-	SB 375—LS 7326/DI 119 14
581		-	COMMITTEE REPORT
582		-	Madam President: The Senate Committee on Family and Children
583		-	Services, to which was referred Senate Bill No. 375, has had the same
584		-	under consideration and begs leave to report the same back to the
585		-	Senate with the recommendation that said bill DO PASS and be
586		-	reassigned to the Senate Committee on Appropriations.
587		-	(Reference is to SB 375 as introduced.)
588		-	WALKER G, Chairperson
589		-	Committee Vote: Yeas 7, Nays 0
590		-	SB 375—LS 7326/DI 119
	574	+	2023 IN 375—LS 7326/DI 119