Indiana 2023 Regular Session

Indiana Senate Bill SB0437 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 437
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 12-17.2-7.2; IC 21-12; IC 21-13.
77 Synopsis: Education funding. Increases the federal poverty level
88 threshold for the prekindergarten program from 127% of the federal
99 poverty level for an eligible child, or 185% of the federal poverty level
1010 for a limited eligibility child, to 300% of the federal poverty level
1111 (removes the limited eligibility child category under the
1212 prekindergarten program). Increases the federal poverty level threshold
1313 for the twenty-first century scholars program from 185% of the federal
1414 poverty level to 300% of the federal poverty level. Requires the
1515 commission for higher education to: (1) coordinate with the department
1616 of education to identify each student who qualifies for a twenty-first
1717 century scholarship each year; (2) automatically enroll those students
1818 identified in the scholarship program without application; and (3)
1919 provide written notification of the approval to the student. Removes a
2020 provision that prohibits the commission for higher education from
2121 awarding a next generation Hoosier educators scholarship to more than
2222 200 new applicants each academic year. Appropriates $10,000,000
2323 from the state general fund to the next generation Hoosier educators
2424 scholarship fund each state fiscal year of the state budget biennium for
2525 purposes of the scholarship. Amends certain qualification requirements
2626 and the award amount for the primary care physician loan forgiveness
2727 program, and renames the program the physician loan forgiveness
2828 program. Appropriates $10,000,000 from the state general fund to the
2929 primary care physician loan forgiveness fund each state fiscal year of
3030 the state budget biennium for purposes of the loan forgiveness
3131 program, and renames the fund the physician loan forgiveness fund.
3232 Appropriates $10,000,000 from the state general fund to the medical
3333 residency education fund each state fiscal year of the state budget
3434 biennium for purposes of medical residency education grants.
3535 Effective: July 1, 2023.
3636 Qaddoura
3737 January 19, 2023, read first time and referred to Committee on Education and Career
3838 Development.
3939 2023 IN 437—LS 6305/DI 120 Introduced
4040 First Regular Session of the 123rd General Assembly (2023)
4141 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4242 Constitution) is being amended, the text of the existing provision will appear in this style type,
4343 additions will appear in this style type, and deletions will appear in this style type.
4444 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4545 provision adopted), the text of the new provision will appear in this style type. Also, the
4646 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4747 a new provision to the Indiana Code or the Indiana Constitution.
4848 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4949 between statutes enacted by the 2022 Regular Session of the General Assembly.
5050 SENATE BILL No. 437
5151 A BILL FOR AN ACT to amend the Indiana Code concerning
5252 higher education and to make an appropriation.
5353 Be it enacted by the General Assembly of the State of Indiana:
5454 1 SECTION 1. IC 12-17.2-7.2-1, AS AMENDED BY P.L.268-2019,
5555 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5656 3 JULY 1, 2023]: Sec. 1. As used in this chapter, "eligible child" refers
5757 4 to an individual who:
5858 5 (1) is at least four (4) years of age and less than five (5) years of
5959 6 age on August 1 of the state fiscal year for which a grant is sought
6060 7 under the prekindergarten pilot program;
6161 8 (2) is a resident of Indiana or otherwise has legal settlement in
6262 9 Indiana, as determined under IC 20-26-11;
6363 10 (3) is a member of a household with an annual income that does
6464 11 not exceed one hundred twenty-seven percent (127%) three
6565 12 hundred percent (300%) of the federal poverty level;
6666 13 (4) receives qualified early education services from an eligible
6767 14 provider, as determined by the office;
6868 15 (5) has a parent or guardian who participates in a parental
6969 16 engagement and involvement component provided by the eligible
7070 17 provider;
7171 2023 IN 437—LS 6305/DI 120 2
7272 1 (6) has a parent or guardian who agrees to ensure that the child
7373 2 meets the attendance requirements determined by the office; and
7474 3 (7) meets the requirements under section 7.2(a) and 7.2(c) 7.2(b)
7575 4 of this chapter.
7676 5 SECTION 2. IC 12-17.2-7.2-2, AS AMENDED BY P.L.268-2019,
7777 6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7878 7 JULY 1, 2023]: Sec. 2. As used in this chapter, "eligible provider"
7979 8 refers to a provider that satisfies the following conditions:
8080 9 (1) The provider is:
8181 10 (A) a:
8282 11 (i) public school, including a charter school;
8383 12 (ii) child care center licensed under IC 12-17.2-4;
8484 13 (iii) child care home licensed under IC 12-17.2-5; or
8585 14 (iv) child care ministry registered under IC 12-17.2-6;
8686 15 that meets the standards of quality recognized by a Level 3 or
8787 16 Level 4 paths to QUALITY program rating;
8888 17 (B) a school that is accredited by the state board of education
8989 18 or a national or regional accreditation agency that is
9090 19 recognized by the state board of education; or
9191 20 (C) a school that is accredited to provide qualified early
9292 21 education services by an accrediting agency approved by the
9393 22 office of the secretary.
9494 23 (2) The provider:
9595 24 (A) provides qualified early education services to eligible and
9696 25 limited eligibility children; and
9797 26 (B) complies with the agreement with the office concerning
9898 27 the delivery of qualified education services and the use of a
9999 28 grant provided under this chapter.
100100 29 SECTION 3. IC 12-17.2-7.2-2.5 IS REPEALED [EFFECTIVE
101101 30 JULY 1, 2023]. Sec. 2.5. As used in this chapter, "limited eligibility
102102 31 child" refers to an individual who:
103103 32 (1) is at least four (4) years of age and less than five (5) years of
104104 33 age on August 1 of the state fiscal year for which a grant is sought
105105 34 under the prekindergarten pilot program;
106106 35 (2) is a resident of Indiana or otherwise has legal settlement in
107107 36 Indiana, as determined under IC 20-26-11;
108108 37 (3) receives qualified early education services from an eligible
109109 38 provider, as determined by the office;
110110 39 (4) has a parent or guardian who agrees to ensure that the child
111111 40 meets the attendance requirements determined by the office;
112112 41 (5) has a parent or guardian who participates in a parental
113113 42 engagement and involvement component provided by the eligible
114114 2023 IN 437—LS 6305/DI 120 3
115115 1 provider;
116116 2 (6) is a member of a household with an annual income that does
117117 3 not exceed one hundred eighty-five percent (185%) of the federal
118118 4 poverty level;
119119 5 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
120120 6 chapter; and
121121 7 (8) is not an eligible child.
122122 8 SECTION 4. IC 12-17.2-7.2-6, AS AMENDED BY P.L.268-2019,
123123 9 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124124 10 JULY 1, 2023]: Sec. 6. As used in this chapter, "qualified early
125125 11 education services" refers to a program of early education services that:
126126 12 (1) is provided by an eligible provider to an eligible or limited
127127 13 eligibility child;
128128 14 (2) includes a parental engagement and involvement component
129129 15 in the delivery of early education services that is based on the
130130 16 requirements and guidelines established by the office;
131131 17 (3) administers the kindergarten readiness assessment adopted by
132132 18 the state board of education;
133133 19 (4) aligns with the early learning development framework for
134134 20 prekindergarten approved by the department of education under
135135 21 IC 20-19-3-16; and
136136 22 (5) meets the design parameters for inclusion in the longitudinal
137137 23 study described in section 12 of this chapter, as determined by the
138138 24 office.
139139 25 SECTION 5. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019,
140140 26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
141141 27 JULY 1, 2023]: Sec. 7. (a) The office may establish a prekindergarten
142142 28 pilot program to provide grants for:
143143 29 (1) qualified early education services in a manner consistent with
144144 30 how funds are distributed under the Child Care and Development
145145 31 Fund (CCDF) grant program; and
146146 32 (2) expansion plans as described in section 7.4(a)(2) of this
147147 33 chapter.
148148 34 (b) The office shall administer the prekindergarten pilot program.
149149 35 The prekindergarten pilot program may include:
150150 36 (1) eligible providers in Indiana; and
151151 37 (2) potential eligible providers or existing eligible providers as
152152 38 described in section 7.4 of this chapter.
153153 39 (c) Before July 1, 2017, the prekindergarten pilot program includes
154154 40 eligible providers in the following pilot counties:
155155 41 (1) Allen.
156156 42 (2) Jackson.
157157 2023 IN 437—LS 6305/DI 120 4
158158 1 (3) Lake.
159159 2 (4) Marion.
160160 3 (5) Vanderburgh.
161161 4 The total number of grants the office awards to eligible children in a
162162 5 county listed in this subsection during a state fiscal year may not be
163163 6 less than the total number of grants the office awarded to eligible
164164 7 children in that county during the immediately preceding state fiscal
165165 8 year unless the office determines that there is an insufficient number of
166166 9 eligible children or eligible providers in the county to justify the total
167167 10 number of grants for that county. Beginning July 1, 2020, the total
168168 11 number of grants during the immediately preceding state fiscal year
169169 12 shall include the number of grants issued under a preschool program
170170 13 established in March 2015 that operates in a consolidated city.
171171 14 (d) After June 30, 2017, and before July 1, 2019, in addition to the
172172 15 counties listed under subsection (c), the prekindergarten pilot program
173173 16 includes eligible providers in fifteen (15) additional counties. In
174174 17 determining which counties are designated as pilot counties under this
175175 18 subsection, the office shall give preference to counties that are
176176 19 primarily rural. The total number of grants the office awards to eligible
177177 20 children in a county designated under this subsection during a state
178178 21 fiscal year may not be less than the total number of grants the office
179179 22 awarded to eligible children in that county during the immediately
180180 23 preceding state fiscal year unless the office determines that there is an
181181 24 insufficient number of eligible children or eligible providers in the
182182 25 county to justify the total number of grants for that county.
183183 26 (e) In addition to the counties listed in subsection (c) and counties
184184 27 designated under subsection (d), the prekindergarten pilot program
185185 28 includes eligible providers in any county in Indiana.
186186 29 (f) Subject to the requirements of this chapter, the office shall
187187 30 determine:
188188 31 (1) the eligibility requirements, application process, and selection
189189 32 process for awarding grants under the prekindergarten pilot
190190 33 program;
191191 34 (2) the administration and reporting requirements for:
192192 35 (A) eligible providers; and
193193 36 (B) potential eligible providers or existing eligible providers;
194194 37 participating in the prekindergarten pilot program; and
195195 38 (3) with the assistance of the early learning advisory committee,
196196 39 an appropriate outcomes based accountability system for:
197197 40 (A) eligible providers; and
198198 41 (B) potential eligible providers or existing eligible providers.
199199 42 (g) Before implementing the prekindergarten pilot program, the
200200 2023 IN 437—LS 6305/DI 120 5
201201 1 office shall submit the provisions of the prekindergarten pilot program
202202 2 to the state board of education for the state board of education's review
203203 3 and comment.
204204 4 (h) The office shall, subject to the availability of funding, determine
205205 5 the number of eligible children who will participate in the
206206 6 prekindergarten pilot program. After December 31, 2019, the office
207207 7 shall, subject to the availability of funding, determine the number of
208208 8 limited eligibility children who will participate in the prekindergarten
209209 9 pilot program.
210210 10 SECTION 6. IC 12-17.2-7.2-7.2, AS AMENDED BY P.L.268-2019,
211211 11 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
212212 12 JULY 1, 2023]: Sec. 7.2. (a) For an eligible child to qualify for a grant
213213 13 under this chapter, the eligible child must reside with a parent or
214214 14 guardian who is:
215215 15 (1) working or attending a job training or an educational program;
216216 16 or
217217 17 (2) actively seeking employment, subject to the approval by the
218218 18 United States Department of Health and Human Services as
219219 19 provided in 45 CFR 98.21.
220220 20 (b) For a limited eligibility child to qualify for a grant under this
221221 21 chapter, the limited eligibility child must reside with a parent or
222222 22 guardian who:
223223 23 (1) is working or attending a job training or an educational
224224 24 program;
225225 25 (2) is actively seeking employment, subject to the approval by the
226226 26 United States Department of Health and Human Services as
227227 27 provided in 45 CFR 98.21; or
228228 28 (3) receives Social Security Disability Insurance or Supplemental
229229 29 Security Income benefits.
230230 30 (c) (b) Before the office may award a grant to an eligible or limited
231231 31 eligibility child under this chapter, the office shall require that a parent
232232 32 or guardian of the eligible or limited eligibility child agree to the
233233 33 following:
234234 34 (1) The eligible or limited eligibility child will attend the
235235 35 prekindergarten program of an eligible provider selected by the
236236 36 parent or guardian for the full duration of the prekindergarten
237237 37 program year.
238238 38 (2) The parent or guardian will not transfer to another
239239 39 prekindergarten program during the prekindergarten program
240240 40 year.
241241 41 (3) The eligible or limited eligibility child will attend the
242242 42 prekindergarten program at least eighty-five percent (85%) of the
243243 2023 IN 437—LS 6305/DI 120 6
244244 1 days that the prekindergarten program is provided.
245245 2 (4) The parent or guardian will allow the eligible or limited
246246 3 eligibility child to participate in an external evaluation conducted
247247 4 by researchers, including the kindergarten readiness assessment
248248 5 and measuring of developmental and academic progress.
249249 6 (5) The parent or guardian will participate in family engagement
250250 7 and involvement activities offered by the selected prekindergarten
251251 8 program, including meetings with the eligible or limited eligibility
252252 9 child's teacher to discuss the eligible or limited eligibility child's
253253 10 progress or any other conference concerning the eligible or
254254 11 limited eligibility child that is requested by the eligible provider.
255255 12 (6) The parent or guardian will complete the necessary forms for
256256 13 the eligible child or limited eligibility child to receive a student
257257 14 test number from the department of education.
258258 15 (7) The parent or guardian will send the eligible or limited
259259 16 eligibility child to kindergarten.
260260 17 (8) The parent or guardian will read to the eligible or limited
261261 18 eligibility child each week.
262262 19 (9) Any other condition the office determines is appropriate.
263263 20 (d) (c) Priority may be given to an eligible or limited eligibility child
264264 21 under this section if a parent or guardian of the eligible or limited
265265 22 eligibility child is:
266266 23 (1) involved in activities that improve the parent's or guardian's
267267 24 education; or
268268 25 (2) involved in job training.
269269 26 SECTION 7. IC 12-17.2-7.2-7.3, AS AMENDED BY P.L.268-2019,
270270 27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
271271 28 JULY 1, 2023]: Sec. 7.3. The office shall require, for an eligible
272272 29 provider to enroll in the prekindergarten pilot program, that the eligible
273273 30 provider agree to the following:
274274 31 (1) Comply on a continuing basis with the requirements under this
275275 32 chapter and rules for participation established by the office.
276276 33 (2) Maintain eligibility under this chapter throughout the
277277 34 prekindergarten program year.
278278 35 (3) Report immediately any changes in eligibility status to the
279279 36 office, including the eligible provider's loss of national or regional
280280 37 accreditation.
281281 38 (4) Participate in any training and mandatory meetings required
282282 39 by the office.
283283 40 (5) Participate in all onsite visits conducted by the office,
284284 41 including fiscal auditing activities with regard to the
285285 42 prekindergarten pilot program and prekindergarten program
286286 2023 IN 437—LS 6305/DI 120 7
287287 1 activity monitoring.
288288 2 (6) Allow families of eligible or limited eligibility children
289289 3 enrolled in the prekindergarten program of the eligible provider
290290 4 to visit at any time the prekindergarten program is in operation.
291291 5 (7) Maintain accurate online attendance records through the
292292 6 attendance portal for eligible or limited eligibility children
293293 7 enrolled in the prekindergarten pilot program and submit
294294 8 attendance records as required by the office.
295295 9 (8) Offer parental engagement and involvement activities in the
296296 10 prekindergarten program of the eligible provider in alignment
297297 11 with the family engagement framework adopted by the early
298298 12 learning advisory committee established by IC 12-17.2-3.8-5.
299299 13 (9) Complete, within the period established by the office, the
300300 14 Indiana early childhood family engagement toolkit, including the
301301 15 family engagement self-assessment, adopted by the early learning
302302 16 advisory committee.
303303 17 (10) Share information on the family engagement self-assessment
304304 18 described in subdivision (9) as required by the office.
305305 19 (11) Participate in research studies as required by the office.
306306 20 (12) Enforce minimum attendance requirements of at least
307307 21 eighty-five percent (85%) of the days that the prekindergarten
308308 22 program of the eligible provider is offered to an eligible or limited
309309 23 eligibility child.
310310 24 (13) Inform the office that an eligible or limited eligibility child
311311 25 has withdrawn from the prekindergarten program of the eligible
312312 26 provider not later than five (5) days after the eligible or limited
313313 27 eligibility child is withdrawn.
314314 28 (14) That retroactive repayment to the state may be required or
315315 29 future payments may be adjusted as a result of the withdrawal of
316316 30 an eligible or limited eligibility child or changes in the law.
317317 31 (15) Maintain records of participation by a family of an eligible
318318 32 or limited eligibility child in family engagement activities and
319319 33 submit records as required by the office.
320320 34 (16) Promote an eligible or limited eligibility child's social,
321321 35 emotional, and behavioral health and eliminate or severely limit
322322 36 the use of expulsion, suspension, and other exclusionary
323323 37 discipline practices.
324324 38 (17) Use the exclusionary discipline practices described in
325325 39 subdivision (16) only as a last resort in extraordinary
326326 40 circumstances when there is a determination of a serious safety
327327 41 threat that cannot otherwise be reduced or eliminated by the
328328 42 provision of reasonable modifications.
329329 2023 IN 437—LS 6305/DI 120 8
330330 1 (18) Inform and receive approval from the office before the
331331 2 eligible provider expels, suspends, or uses other exclusionary
332332 3 discipline practices.
333333 4 (19) Assist a parent or guardian, upon request by the parent or
334334 5 guardian, in obtaining information from, referral to, or both
335335 6 information from and referral to, the public school that serves the
336336 7 attendance area in which the parent or guardian resides for an
337337 8 educational evaluation and determination of eligibility for special
338338 9 education services if developmental delays or reasons to suspect
339339 10 a disability are observed by the parent, guardian, or teacher of an
340340 11 eligible or limited eligibility child during the prekindergarten
341341 12 program year.
342342 13 SECTION 8. IC 12-17.2-7.2-7.4, AS AMENDED BY P.L.268-2019,
343343 14 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
344344 15 JULY 1, 2023]: Sec. 7.4. (a) To qualify as a potential eligible provider
345345 16 or existing eligible provider, an applicant must:
346346 17 (1) provide an expansion plan to the office that details the
347347 18 potential eligible provider's or existing eligible provider's plan to:
348348 19 (A) increase the capacity of providers of qualified early
349349 20 education services to serve a greater number of eligible or
350350 21 limited eligibility children;
351351 22 (B) increase the number of providers of qualified early
352352 23 education services; or
353353 24 (C) increase the capacity as described in clause (A) and
354354 25 increase the number as described in clause (B);
355355 26 (2) comply with the agreement with the office concerning the plan
356356 27 under subdivision (1) and the use of a grant awarded under this
357357 28 chapter;
358358 29 (3) agree:
359359 30 (A) to operate as an eligible provider; or
360360 31 (B) that the applicant intends to operate as an eligible
361361 32 provider;
362362 33 (4) agree that the applicant will not use any grant funds awarded
363363 34 under this section for capital expenditures; and
364364 35 (5) comply with any other standards and procedures established
365365 36 under this chapter.
366366 37 (b) Subject to subsections (c) and (d), the office may award a grant
367367 38 to an applicant that meets the requirements of subsection (a).
368368 39 (c) The office may not use more than a total of twenty percent (20%)
369369 40 of the money in the pilot fund each state fiscal year:
370370 41 (1) for grants awarded under this chapter to potential eligible
371371 42 providers and existing eligible providers for expansion plans; and
372372 2023 IN 437—LS 6305/DI 120 9
373373 1 (2) to meet any state match amounts required for a federal grant
374374 2 described in subsection (f).
375375 3 (d) The office may not award grant funds under this section to an
376376 4 applicant for any of the following:
377377 5 (1) The purchase of land or a building.
378378 6 (2) The construction or expansion of a building.
379379 7 (e) If a potential eligible provider or existing eligible provider fails
380380 8 to:
381381 9 (1) use the grant funds in accordance with the expansion plan
382382 10 described in subsection (a); or
383383 11 (2) comply with the agreement entered into with the office under
384384 12 subsection (a);
385385 13 the potential eligible provider or existing eligible provider shall repay
386386 14 to the office the total amount of the grant awarded to the potential
387387 15 eligible provider or existing eligible provider under this chapter.
388388 16 (f) The office may use money in the pilot fund that is allocated for
389389 17 expansion plans under this section for a state fiscal year to meet any
390390 18 state match amounts required for a federal grant if the purpose of the
391391 19 federal grant is that the grant money be used for increasing:
392392 20 (1) the capacity;
393393 21 (2) the number; or
394394 22 (3) both the capacity and number;
395395 23 of providers of early education services for children four (4) years of
396396 24 age.
397397 25 SECTION 9. IC 12-17.2-7.2-7.8, AS AMENDED BY P.L.268-2019,
398398 26 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
399399 27 JULY 1, 2023]: Sec. 7.8. (a) The office shall make random onsite
400400 28 inspections each year, as determined necessary by the office, at the
401401 29 facility of:
402402 30 (1) an eligible provider; or
403403 31 (2) a potential eligible provider or existing eligible provider;
404404 32 that receives a grant under this chapter.
405405 33 (b) The office may determine that an eligible provider or potential
406406 34 eligible provider or existing eligible provider is not eligible to receive
407407 35 a grant under the prekindergarten pilot program if the eligible provider
408408 36 or potential eligible provider or existing eligible provider:
409409 37 (1) fails to comply with this chapter; or
410410 38 (2) refuses to allow, during normal business hours, the office or
411411 39 an agent of the office to inspect the facility at which the eligible
412412 40 provider or potential eligible provider or existing eligible provider
413413 41 operates a child care program for eligible or limited eligibility
414414 42 children.
415415 2023 IN 437—LS 6305/DI 120 10
416416 1 SECTION 10. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019,
417417 2 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
418418 3 JULY 1, 2023]: Sec. 8. (a) The office shall determine:
419419 4 (1) which applicants shall be awarded a grant; and
420420 5 (2) subject to subsection (b) and to the availability of funding, the
421421 6 amount of each grant.
422422 7 (b) At least five percent (5%) but not more than fifty percent (50%)
423423 8 of the:
424424 9 (1) tuition for eligible or limited eligibility children under the
425425 10 prekindergarten pilot program; or
426426 11 (2) expansion plan described in section 7.4(a) of this chapter;
427427 12 during the state fiscal year must be paid from donations, gifts, grants,
428428 13 bequests, and other funds received from a private entity or person, from
429429 14 the United States government, or from other sources (excluding funds
430430 15 from a grant provided under this chapter and excluding other state
431431 16 funding). The office may receive and administer grants on behalf of the
432432 17 prekindergarten pilot program. The grants shall be distributed by the
433433 18 office to fulfill the requirements of this subsection.
434434 19 (c) The amount of a grant made under the pilot program to an
435435 20 eligible or limited eligibility child:
436436 21 (1) who attends a prekindergarten program full time must equal
437437 22 at least two thousand five hundred dollars ($2,500) during the
438438 23 state fiscal year; and
439439 24 (2) may not exceed six thousand eight hundred dollars ($6,800)
440440 25 from state money provided under this chapter during the state
441441 26 fiscal year.
442442 27 SECTION 11. IC 12-17.2-7.2-8.1, AS AMENDED BY
443443 28 P.L.216-2021, SECTION 5, IS AMENDED TO READ AS FOLLOWS
444444 29 [EFFECTIVE JULY 1, 2023]: Sec. 8.1. (a) If funds are appropriated by
445445 30 the general assembly, grants to limited eligibility children may not
446446 31 exceed:
447447 32 (1) twenty percent (20%) of the amount appropriated for a
448448 33 particular state fiscal year if families with children four (4) years
449449 34 of age are on the waiting list for funds available under the Child
450450 35 Care Development Fund; or
451451 36 (2) forty percent (40%) of the amount appropriated for a
452452 37 particular state fiscal year if there is no waiting list for children
453453 38 four (4) years of age for funds available under the Child Care
454454 39 Development Fund.
455455 40 (b) During the priority enrollment period, The office shall provide
456456 41 grants to eligible children in the prekindergarten pilot program on a
457457 42 first-come, first-served basis to the extent of available funding. The
458458 2023 IN 437—LS 6305/DI 120 11
459459 1 office shall date stamp and reserve applications for limited eligibility
460460 2 children received during the priority enrollment period for processing
461461 3 during the extended enrollment period.
462462 4 (c) During the extended enrollment period, the office shall provide
463463 5 grants to eligible children and limited eligibility children in the
464464 6 prekindergarten pilot program on a first-come, first-served basis to the
465465 7 extent of available funding and in accordance with the limit established
466466 8 by subsection (a).
467467 9 SECTION 12. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019,
468468 10 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469469 11 JULY 1, 2023]: Sec. 13.1. The office shall post monthly on the office's
470470 12 Internet web site website the total enrollment of and number of grants
471471 13 awarded to
472472 14 (1) all eligible children (before January 1, 2020); and
473473 15 (2) after December 31, 2019, both:
474474 16 (A) all eligible children; and
475475 17 (B) all limited eligibility children;
476476 18 all eligible children for each county that participates in the
477477 19 prekindergarten pilot program.
478478 20 SECTION 13. IC 12-17.2-7.2-13.5, AS AMENDED BY
479479 21 P.L.156-2020, SECTION 60, IS AMENDED TO READ AS
480480 22 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) The
481481 23 prekindergarten pilot program fund is established to:
482482 24 (1) provide grants to eligible or limited eligibility children for
483483 25 qualified early education services under this chapter;
484484 26 (2) carry out the longitudinal study described in section 12 of this
485485 27 chapter;
486486 28 (3) provide grants to potential eligible providers and existing
487487 29 eligible providers as set forth in section 7.4 of this chapter; and
488488 30 (4) make payments to reimburse costs incurred to provide
489489 31 in-home early education services under IC 12-17.2-7.5.
490490 32 (b) The fund consists of:
491491 33 (1) money appropriated to the fund by the general assembly; and
492492 34 (2) grants or gifts to the fund.
493493 35 (c) The fund shall be administered by the office.
494494 36 (d) The expenses of administering the fund shall be paid from
495495 37 money in the fund.
496496 38 (e) Money in the fund is continuously appropriated for the purposes
497497 39 provided under this article.
498498 40 (f) The treasurer of state shall invest the money in the fund not
499499 41 currently needed to meet the obligations of the fund in the same
500500 42 manner as other public funds may be invested.
501501 2023 IN 437—LS 6305/DI 120 12
502502 1 SECTION 14. IC 21-12-6-5, AS AMENDED BY P.L.92-2020,
503503 2 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
504504 3 JULY 1, 2023]: Sec. 5. (a) Unless a student qualifies under subsection
505505 4 (b), to qualify to participate in the program, a student must meet the
506506 5 following requirements:
507507 6 (1) Be a resident of Indiana.
508508 7 (2) Be:
509509 8 (A) enrolled in grade 7 or 8 at a:
510510 9 (i) public school; or
511511 10 (ii) nonpublic school that is accredited either by the state
512512 11 board of education or by a national or regional accrediting
513513 12 agency whose accreditation is accepted as a school
514514 13 improvement plan under IC 20-31-4.1-2; or
515515 14 (B) otherwise qualified under the rules of the commission that
516516 15 are adopted under IC 21-18.5-4-9(2) to include students who
517517 16 are in grades other than grade 8 as eligible students.
518518 17 (3) Be a member of a household with an annual income of not
519519 18 more than the amount required for the individual to qualify for
520520 19 free or reduced priced lunches under the national school lunch
521521 20 program, that does not exceed three hundred percent (300%)
522522 21 of the federal poverty level, as determined for the immediately
523523 22 preceding taxable year for the household for which the student
524524 23 was claimed as a dependent.
525525 24 (4) Agree, in writing, together with the student's custodial parents
526526 25 or guardian, that the student will:
527527 26 (A) graduate from a secondary school located in Indiana that
528528 27 meets the admission criteria of an eligible institution;
529529 28 (B) not illegally use controlled substances (as defined in
530530 29 IC 35-48-1-9);
531531 30 (C) not commit a crime or an infraction described in
532532 31 IC 9-30-5;
533533 32 (D) not commit any other crime or delinquent act (as described
534534 33 in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
535535 34 IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
536536 35 repeal));
537537 36 (E) timely apply, when the eligible student is a senior in high
538538 37 school:
539539 38 (i) for admission to an eligible institution; and
540540 39 (ii) for any federal and state student financial assistance
541541 40 available to the eligible student to attend an eligible
542542 41 institution;
543543 42 (F) achieve a cumulative grade point average upon graduation
544544 2023 IN 437—LS 6305/DI 120 13
545545 1 of:
546546 2 (i) at least 2.0, if the student graduates from high school
547547 3 before July 1, 2014; and
548548 4 (ii) at least 2.5, if the student graduates from high school
549549 5 after June 30, 2014;
550550 6 on a 4.0 grading scale (or its equivalent if another grading
551551 7 scale is used) for courses taken during grades 9, 10, 11, and
552552 8 12; and
553553 9 (G) complete an academic success program required under the
554554 10 rules adopted by the commission, if the student initially enrolls
555555 11 in high school after June 30, 2013.
556556 12 (b) A student qualifies to participate in the program if the student:
557557 13 (1) before or during grade 7 or grade 8, is placed by or with the
558558 14 consent of the department of child services, by a court order, or by
559559 15 a child placing agency in:
560560 16 (A) a foster family home;
561561 17 (B) the home of a relative or other unlicensed caretaker;
562562 18 (C) a child caring institution; or
563563 19 (D) a group home;
564564 20 (2) meets the requirements in subsection (a)(1) through (a)(2);
565565 21 and
566566 22 (3) agrees in writing, together with the student's caseworker (as
567567 23 defined in IC 31-9-2-11) or legal guardian, to the conditions set
568568 24 forth in subsection (a)(4).
569569 25 (c) The commission may require that an applicant apply
570570 26 electronically to participate in the program using an online Internet
571571 27 application on the commission's Internet web site. website.
572572 28 SECTION 15. IC 21-12-6-6, AS AMENDED BY P.L.165-2016,
573573 29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
574574 30 JULY 1, 2023]: Sec. 6. (a) A student may apply to the commission for
575575 31 a scholarship. To qualify for a scholarship, the student must meet the
576576 32 following requirements:
577577 33 (1) Be an eligible student who qualified to participate in the
578578 34 program under section 5 of this chapter.
579579 35 (2) Be a resident of Indiana.
580580 36 (3) Be a graduate from a secondary school located in Indiana that
581581 37 meets the admission criteria of an eligible institution and have
582582 38 achieved a cumulative grade point average in high school of:
583583 39 (A) at least 2.0 on a 4.0 grading scale, if the student is
584584 40 expected to graduate from high school before July 1, 2014; and
585585 41 (B) at least 2.5 on a 4.0 grading scale, if the student is
586586 42 expected to graduate from high school after June 30, 2014.
587587 2023 IN 437—LS 6305/DI 120 14
588588 1 (4) Have applied to attend and be accepted to attend as a full-time
589589 2 student an eligible institution.
590590 3 (5) Certify in writing that before the student's graduation from
591591 4 high school the student:
592592 5 (A) did not illegally use controlled substances (as defined in
593593 6 IC 35-48-1-9);
594594 7 (B) did not illegally consume alcoholic beverages;
595595 8 (C) did not commit any other crime or a delinquent act (as
596596 9 described in IC 31-37-1-2 or IC 31-37-2-2 through
597597 10 IC 31-37-2-5 (or IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5)
598598 11 before their repeal));
599599 12 (D) timely filed an application for other types of financial
600600 13 assistance available to the student from the state or federal
601601 14 government; and
602602 15 (E) completed an academic success program required under
603603 16 the rules adopted by the commission.
604604 17 (6) Submit to the commission all the information and evidence
605605 18 required by the commission to determine eligibility as a
606606 19 scholarship applicant.
607607 20 (7) This subdivision applies only to applicants who initially enroll
608608 21 in the program under section 5 of this chapter or IC 21-12-6.5-2
609609 22 after June 30, 2011. For purposes of this chapter, applicants who
610610 23 are enrolled in the program before July 1, 2011, will not have an
611611 24 income or financial resources test applied to them when they
612612 25 subsequently apply for a scholarship. Have a lack of financial
613613 26 resources reasonably available to the applicant, as defined by the
614614 27 commission, that, in the absence of an award under this chapter,
615615 28 would deter the scholarship applicant from completing the
616616 29 applicant's education at the approved postsecondary educational
617617 30 institution that the applicant has selected and that has accepted
618618 31 the applicant.
619619 32 (8) Meet any other minimum criteria established by the
620620 33 commission.
621621 34 (b) This section applies to an individual who graduates from high
622622 35 school after December 31, 2011. To be eligible for a scholarship under
623623 36 this section, a student must initially attend an eligible institution
624624 37 described in subsection (a)(4) not later than the fall semester (or its
625625 38 equivalent, as determined by the commission) in the year immediately
626626 39 following the year in which the student graduates from high school.
627627 40 (c) Beginning after June 30, 2023, the commission shall:
628628 41 (1) coordinate with the department of education to identify
629629 42 each student who qualifies for a scholarship under the
630630 2023 IN 437—LS 6305/DI 120 15
631631 1 program each year;
632632 2 (2) automatically enroll those students identified under
633633 3 subdivision (1) for participation in the program without
634634 4 application; and
635635 5 (3) provide written notification of the approval to the student.
636636 6 SECTION 16. IC 21-12-16-8, AS ADDED BY P.L.105-2016,
637637 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
638638 8 JULY 1, 2023]: Sec. 8. (a) Subject to subsections (b) and (c), if an
639639 9 applicant meets the requirements under this chapter, the commission
640640 10 may award, for not more than four (4) academic years, a scholarship to
641641 11 the applicant in an amount of seven thousand five hundred dollars
642642 12 ($7,500) for each academic year that the applicant attends the
643643 13 accredited postsecondary educational institution approved by the
644644 14 commission under section 10 of this chapter.
645645 15 (b) The commission may not do the following:
646646 16 (1) award a scholarship under this chapter in an amount of more
647647 17 than a total of thirty thousand dollars ($30,000) to an individual
648648 18 applicant.
649649 19 (2) Award scholarships under this chapter to more than two
650650 20 hundred (200) new applicants each academic year.
651651 21 (c) If the total amount to be distributed from the fund in a state fiscal
652652 22 year exceeds the amount available for distribution, the amount to be
653653 23 distributed to each eligible applicant shall be proportionately reduced
654654 24 so that the total reductions equal the amount of the excess.
655655 25 SECTION 17. IC 21-12-16-17.5 IS ADDED TO THE INDIANA
656656 26 CODE AS A NEW SECTION TO READ AS FOLLOWS
657657 27 [EFFECTIVE JULY 1, 2023]: Sec. 17.5. (a) For the state fiscal year
658658 28 beginning July 1, 2023, and ending June 30, 2024, ten million
659659 29 dollars ($10,000,000) is appropriated from the state general fund
660660 30 to the next generation Hoosier educators scholarship fund for the
661661 31 purpose of the fund.
662662 32 (b) For the state fiscal year beginning July 1, 2024, and ending
663663 33 June 30, 2025, ten million dollars ($10,000,000) is appropriated
664664 34 from the state general fund to the next generation Hoosier
665665 35 educators scholarship fund for the purpose of the fund.
666666 36 SECTION 18. IC 21-13-1-5, AS AMENDED BY P.L.148-2016,
667667 37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
668668 38 JULY 1, 2023]: Sec. 5. "Fund":
669669 39 (1) for purposes of IC 21-13-2, refers to the William A. Crawford
670670 40 minority teacher scholarship fund established by IC 21-13-2-1;
671671 41 (2) for purposes of IC 21-13-4, refers to the National Guard
672672 42 tuition supplement program fund established by IC 21-13-4-1;
673673 2023 IN 437—LS 6305/DI 120 16
674674 1 (3) for purposes of IC 21-13-5, refers to the National Guard
675675 2 scholarship extension fund established by IC 21-13-5-1;
676676 3 (4) for purposes of IC 21-13-6, refers to the primary care
677677 4 physician loan forgiveness fund established by IC 21-13-6-3; and
678678 5 (5) for purposes of IC 21-13-6.5, refers to the medical residency
679679 6 education fund established by IC 21-13-6.5-1.
680680 7 SECTION 19. IC 21-13-6-1, AS ADDED BY P.L.170-2009,
681681 8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
682682 9 JULY 1, 2023]: Sec. 1. As used in this chapter, "primary care
683683 10 physician" "eligible physician" means a physician who practices in
684684 11 any of the following areas:
685685 12 (1) Family practice.
686686 13 (2) Pediatrics.
687687 14 (3) Obstetrics and gynecology.
688688 15 (4) Internal medicine.
689689 16 (5) Psychiatry.
690690 17 (6) Any other area the commission determines is an
691691 18 underserved area in Indiana after consulting with the office
692692 19 of the secretary of family and social services and the Indiana
693693 20 department of health.
694694 21 SECTION 20. IC 21-13-6-2, AS ADDED BY P.L.170-2009,
695695 22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
696696 23 JULY 1, 2023]: Sec. 2. (a) The primary care physician loan forgiveness
697697 24 program is established.
698698 25 (b) The commission shall administer the primary care physician
699699 26 loan forgiveness program.
700700 27 SECTION 21. IC 21-13-6-3, AS ADDED BY P.L.170-2009,
701701 28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
702702 29 JULY 1, 2023]: Sec. 3. (a) The primary care physician loan forgiveness
703703 30 fund is established to encourage and promote qualified physicians to
704704 31 pursue a medical career in Indiana.
705705 32 (b) The fund consists of the following:
706706 33 (1) Appropriations by the general assembly.
707707 34 (2) Gifts to the fund.
708708 35 SECTION 22. IC 21-13-6-4, AS ADDED BY P.L.170-2009,
709709 36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
710710 37 JULY 1, 2023]: Sec. 4. (a) The commission shall administer the fund.
711711 38 (b) The expenses of administering the fund shall be paid from
712712 39 money in the fund.
713713 40 (c) The treasurer of state shall invest the money in the fund not
714714 41 currently needed to meet the obligations of the fund in the same
715715 42 manner as other public funds. Interest that accrues from those
716716 2023 IN 437—LS 6305/DI 120 17
717717 1 investments shall be deposited in the fund.
718718 2 (d) Money in the fund at the end of a fiscal year does not revert to
719719 3 the state general fund but remains available to be used to provide
720720 4 money for student loan forgiveness payments under this chapter.
721721 5 (e) The commission shall manage payments from the fund.
722722 6 SECTION 23. IC 21-13-6-5, AS ADDED BY P.L.170-2009,
723723 7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
724724 8 JULY 1, 2023]: Sec. 5. (a) The money in the fund must be used to
725725 9 provide annual student loan forgiveness payments to qualified primary
726726 10 care eligible physicians who are residents of Indiana and practice
727727 11 medicine in Indiana.
728728 12 (b) Subject to section 8 of this chapter, a student loan forgiveness
729729 13 payment awarded in a particular year under this section is equal to the
730730 14 lesser of the following amounts:
731731 15 (1) The balance of the physician's total amount of student loans.
732732 16 (2) Five thousand dollars ($5,000). An amount that is:
733733 17 (A) at least twenty-five thousand dollars ($25,000); but
734734 18 (B) not more than fifty thousand dollars ($50,000);
735735 19 as determined for each physician by the commission taking
736736 20 into consideration the need for the physician's area of
737737 21 practice.
738738 22 (c) A primary care physician is eligible for a student loan
739739 23 forgiveness payment under this section for up to ten (10) years
740740 24 beginning the first year of employment in Indiana as an eligible
741741 25 physician provided that each year that the individual meets the
742742 26 qualifications under section 6 of this chapter each year.
743743 27 SECTION 24. IC 21-13-6-6, AS ADDED BY P.L.170-2009,
744744 28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
745745 29 JULY 1, 2023]: Sec. 6. To qualify for a student loan forgiveness
746746 30 payment from the fund, an individual must:
747747 31 (1) be a graduate of an Indiana medical school;
748748 32 (2) have completed a medical residency in Indiana and
749749 33 become employed in Indiana upon completion of the
750750 34 residency;
751751 35 (1) (3) be a resident of Indiana;
752752 36 (2) (4) be licensed as a physician under IC 25-22.5;
753753 37 (3) (5) practice as a primary care an eligible physician;
754754 38 (4) (6) conduct the majority of the individual's medical practice
755755 39 in Indiana;
756756 40 (5) (7) have an outstanding student loan balance at the beginning
757757 41 of the calendar year; and
758758 42 (6) (8) be approved by the commission.
759759 2023 IN 437—LS 6305/DI 120 18
760760 1 SECTION 25. IC 21-13-6-7, AS ADDED BY P.L.170-2009,
761761 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
762762 3 JULY 1, 2023]: Sec. 7. The medical education board shall annually
763763 4 make available to the commission the most recent information
764764 5 concerning the number of primary care eligible physicians who are
765765 6 serving as medical residents in Indiana.
766766 7 SECTION 26. IC 21-13-6-8, AS ADDED BY P.L.170-2009,
767767 8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768768 9 JULY 1, 2023]: Sec. 8. The commission shall annually allocate the
769769 10 available money in the fund to each primary care physician approved
770770 11 under this chapter in proportion to the total number of primary care
771771 12 physicians approved and the amount awarded under this chapter.
772772 13 SECTION 27. IC 21-13-6-9, AS ADDED BY P.L.170-2009,
773773 14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
774774 15 JULY 1, 2023]: Sec. 9. Each:
775775 16 (1) primary care physician who applies under this chapter; and
776776 17 (2) primary care physician approved under this chapter;
777777 18 shall provide to the commission any information that the commission
778778 19 determines is necessary to administer this chapter.
779779 20 SECTION 28. IC 21-13-6-10 IS ADDED TO THE INDIANA
780780 21 CODE AS A NEW SECTION TO READ AS FOLLOWS
781781 22 [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) For the state fiscal year
782782 23 beginning July 1, 2023, and ending June 30, 2024, ten million
783783 24 dollars ($10,000,000) is appropriated from the state general fund
784784 25 to the physician loan forgiveness fund to be used for the purposes
785785 26 of the fund.
786786 27 (b) For the state fiscal year beginning July 1, 2024, and ending
787787 28 June 30, 2025, ten million dollars ($10,000,000) is appropriated
788788 29 from the state general fund to the physician loan forgiveness fund
789789 30 to be used for the purposes of the fund.
790790 31 SECTION 29. IC 21-13-6.5-4 IS ADDED TO THE INDIANA
791791 32 CODE AS A NEW SECTION TO READ AS FOLLOWS
792792 33 [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) For the state fiscal year
793793 34 beginning July 1, 2023, and ending June 30, 2024, ten million
794794 35 dollars ($10,000,000) is appropriated from the state general fund
795795 36 to the medical residency education fund for the purposes of the
796796 37 fund.
797797 38 (b) For the state fiscal year beginning July 1, 2024, and ending
798798 39 June 30, 2025, ten million dollars ($10,000,000) is appropriated
799799 40 from the state general fund to the medical residency education
800800 41 fund for the purposes of the fund.
801801 2023 IN 437—LS 6305/DI 120