Indiana 2023 Regular Session

Indiana Senate Bill SB0443 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0443.2
	2	+	April 6, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 443
	5	+	_____
	6	+	DIGEST OF SB 443 (Updated April 5, 2023 7:21 pm - DI 125)
	7	+	Citations Affected: IC 20-19; IC 20-28; IC 20-31.
	8	+	Synopsis: Various education matters. Requires the department of
	9	+	education to, not later than November 1, 2023, do the following: (1)
	10	+	Create a list of personal liability insurers that offer personal liability
	11	+	insurance policies for teachers. (2) Post the list on the department's
	12	+	website. Provides that the academic standards committee appointed by
	13	+	the secretary of education must include employers (in addition to other
	14	+	members under current law). Provides that a school psychologist may
	15	+	provide services on a private basis to an individual if the school
	16	+	psychologist receives a referral from the individual's parent and the
	17	+	individual is an unemancipated minor.
	18	+	Effective: July 1, 2023.
	19	+	Rogers, Raatz, Crane, Johnson T,
	20	+	Buchanan, Donato,
	21	+	Randolph Lonnie M
	22	+	(HOUSE SPONSORS — TESHKA, GOODRICH, BEHNING, DAVIS)
	23	+	January 19, 2023, read first time and referred to Committee on Education and Career
	24	+	Development.
	25	+	February 9, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
	26	+	Appropriations.
	27	+	February 23, 2023, amended, reported favorably — Do Pass.
	28	+	February 27, 2023, read second time, ordered engrossed. Engrossed.
	29	+	February 28, 2023, read third time, passed. Yeas 48, nays 0.
	30	+	HOUSE ACTION
	31	+	March 6, 2023, read first time and referred to Committee on Education.
	32	+	March 23, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
	33	+	Means pursuant to Rule 127.
	34	+	April 6, 2023, amended, reported — Do Pass.
	35	+	ES 443—LS 7236/DI 110 April 6, 2023
1	36		First Regular Session of the 123rd General Assembly (2023)
2	37		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	38		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	39		additions will appear in this style type, and deletions will appear in this style type.
5	40		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	41		provision adopted), the text of the new provision will appear in this style type. Also, the
7	42		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	43		a new provision to the Indiana Code or the Indiana Constitution.
9	44		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	45		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 443
12		-	AN ACT to amend the Indiana Code concerning education.
	46	+	ENGROSSED
	47	+	SENATE BILL No. 443
	48	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	49	+	education.
13	50		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 20-19-3-29.5 IS ADDED TO THE INDIANA
	51	+	1 SECTION 1. IC 20-19-3-29.5 IS ADDED TO THE INDIANA
	52	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	53	+	3 [EFFECTIVE JULY 1, 2023]: Sec. 29.5. (a) Not later than November
	54	+	4 1, 2023, the department shall do the following:
	55	+	5 (1) Create a list of personal liability insurers that offer
	56	+	6 personal liability insurance policies for teachers.
	57	+	7 (2) Post the list on the department's website.
	58	+	8 (b) The department shall update the list described in subsection
	59	+	9 (a) each year.
	60	+	10 SECTION 2. IC 20-28-12-4, AS ADDED BY P.L.1-2005,
	61	+	11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	62	+	12 JULY 1, 2023]: Sec. 4. (a) A school psychologist who is not employed
	63	+	13 or excused from employment as described in section 3(2) of this
	64	+	14 chapter may not provide services on a private basis to an individual
	65	+	ES 443—LS 7236/DI 110 2
	66	+	1 unless the school psychologist receives a referral from one (1) of the
	67	+	2 following:
	68	+	3 (1) A developmental center.
	69	+	4 (2) A public school or private school.
	70	+	5 (3) A physician licensed under IC 25-22.5.
	71	+	6 (4) A health service professional in psychology licensed under
	72	+	7 IC 25-33-1.
	73	+	8 (5) The individual's parent if the individual is an
	74	+	9 unemancipated minor.
	75	+	10 (b) A school psychologist who is endorsed under this chapter may
	76	+	11 not provide services on a private basis to a student:
	77	+	12 (1) who attends a school (including a nonpublic school) to which
	78	+	13 the school psychologist is assigned; or
	79	+	14 (2) whom the school psychologist would normally be expected to
	80	+	15 serve.
	81	+	16 SECTION 3. IC 20-31-3-4, AS AMENDED BY P.L.43-2021,
	82	+	17 SECTION 102, IS AMENDED TO READ AS FOLLOWS
	83	+	18 [EFFECTIVE JULY 1, 2023]: Sec. 4. The secretary of education shall
	84	+	19 appoint an academic standards committee composed of subject area
	85	+	20 teachers, higher education representatives with subject matter
	86	+	21 expertise, employers, and parents during the period when a subject
	87	+	22 area is undergoing revision.
	88	+	23 SECTION 4. An emergency is declared for this act.
	89	+	ES 443—LS 7236/DI 110 3
	90	+	COMMITTEE REPORT
	91	+	Madam President: The Senate Committee on Education and Career
	92	+	Development, to which was referred Senate Bill No. 443, has had the
	93	+	same under consideration and begs leave to report the same back to the
	94	+	Senate with the recommendation that said bill be AMENDED as
	95	+	follows:
	96	+	Page 1, delete lines 1 through 6, begin a new paragraph and insert:
	97	+	"SECTION 1. IC 4-13-20-6 IS ADDED TO THE INDIANA CODE
	98	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	99	+	1, 2023]: Sec. 6. (a) Not later than November 1, 2023, the Indiana
	100	+	department of administration shall do the following:
	101	+	(1) Create a list of personal liability insurers that offer
	102	+	personal liability insurance policies for teachers.
	103	+	(2) Post the list on the department's website.
	104	+	(b) The Indiana department of administration shall update the
	105	+	list described in subsection (a) each year.".
	106	+	Page 2, line 32, delete "For" and insert "After June 30, 2024, and
	107	+	for".
	108	+	Page 2, line 34, after "teacher," insert "school social worker,".
	109	+	Page 2, delete lines 36 through 42.
	110	+	Delete pages 3 through 4.
	111	+	Page 5, delete lines 1 through 25, begin a new paragraph and insert:
	112	+	"SECTION 4. IC 20-24-7-1, AS AMENDED BY P.L.218-2015,
	113	+	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	114	+	JUNE 29, 2023]: Sec. 1. (a) The organizer is the fiscal agent for the
	115	+	charter school.
	116	+	(b) The organizer has exclusive control of:
	117	+	(1) funds received by the charter school; and
	118	+	(2) financial matters of the charter school.
	119	+	(c) The organizer shall maintain accounts of all funds received and
	120	+	disbursed by the organizer. The organizer shall maintain separate
	121	+	accountings of all funds received and disbursed by each charter school
	122	+	it holds.
	123	+	(d) Notwithstanding IC 20-43, an organizer that operates more than
	124	+	one (1) charter school may file, before July 1 of each year, a notice with
	125	+	the department that the organizer desires to receive:
	126	+	(1) the tuition support distributions; and
	127	+	(2) in the case of:
	128	+	(A) an adult high school; (as defined in IC 20-24-1-2.3); or
	129	+	(B) a charter school listed in section 13.5(a)(3) of this
	130	+	chapter through section 13.5(a)(6) of this chapter with
	131	+	ES 443—LS 7236/DI 110 4
	132	+	regard to students twenty-three (23) years of age or older;
	133	+	funding provided in the state biennial budget for adult high
	134	+	schools and adult learners;
	135	+	for all the charter schools the organizer operates. After the organizer's
	136	+	authorizer or authorizers verify to the department that the organizer
	137	+	operates the charter schools, the department shall distribute the tuition
	138	+	support and in the case of an adult high school (as defined in
	139	+	IC 20-24-1-2.3), funding provided in the state biennial budget for adult
	140	+	high schools and adult learners for the verified charter schools to the
	141	+	organizer. The organizer may distribute the tuition support distribution
	142	+	it receives to each charter school it operates in the amounts determined
	143	+	by the organizer. However, an organizer that receives money from the
	144	+	state under this subsection may not use any of the money received for
	145	+	expenses incurred outside Indiana that are not directly related to the
	146	+	charter school the organizer operates in Indiana.
	147	+	(e) Organizers receiving tuition support under this section may
	148	+	submit a consolidated audit in accordance with guidelines established
	149	+	by the state examiner and submit any required financial reporting to the
	150	+	department in a manner prescribed by the state examiner. The state
	151	+	examiner shall establish guidelines and prescribe reporting
	152	+	requirements for organizers under this section that are consistent with
	153	+	generally accepted accounting principles (GAAP) and the needs of the
	154	+	department.
	155	+	SECTION 5. IC 20-24-7-2, AS AMENDED BY P.L.85-2017,
	156	+	SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	157	+	JUNE 29, 2023]: Sec. 2. The department shall distribute:
	158	+	(1) state tuition support distributions; and
	159	+	(2) in the case of:
	160	+	(A) an adult high school; (as defined in IC 20-24-1-2.3), or
	161	+	(B) a charter school listed in section 13.5(a)(3) of this
	162	+	chapter through section 13.5(a)(6) of this chapter with
	163	+	regard to students twenty-three (23) years of age or older;
	164	+	funding provided in the state biennial budget for adult high
	165	+	schools and adult learners;
	166	+	to the organizer. The department shall make a distribution under this
	167	+	section at the same time and in the same manner as the department
	168	+	makes a distribution of state tuition support under IC 20-43-2 to other
	169	+	school corporations.
	170	+	SECTION 6. IC 20-24-7-13.5, AS AMENDED BY P.L.165-2021,
	171	+	SECTION 151, IS AMENDED TO READ AS FOLLOWS
	172	+	[EFFECTIVE JUNE 29, 2023]: Sec. 13.5. (a) This section applies to
	173	+	the following charter schools:
	174	+	ES 443—LS 7236/DI 110 5
	175	+	(1) The Excel Centers for Adult Learners.
	176	+	(2) The Christel House DORS centers.
	177	+	(3) The Gary Middle College charter schools.
	178	+	(4) Options Schools.
	179	+	(5) Dynamic Minds Academy.
	180	+	(6) Neighbors' New Vistas.
	181	+	(b) Notwithstanding any other law, the following funding applies
	182	+	to charter schools listed in subsection (a):
	183	+	(1) For a state fiscal year, a charter school described listed in
	184	+	subsection (a) (a)(1) or (a)(2) is entitled to receive funding from
	185	+	the state in an amount equal to the product of:
	186	+	(1) (A) the charter school's number of students who are
	187	+	Indiana residents (expressed as full-time equivalents);
	188	+	multiplied by
	189	+	(2) (B) six thousand seven hundred fifty dollars ($6,750).
	190	+	beginning July 1, 2017.
	191	+	(2) For a state fiscal year, a charter school listed in subsection
	192	+	(a)(3) through (a)(6) is entitled to receive funding from the
	193	+	state in an amount equal to the product of:
	194	+	(A) the charter school's number of students who are
	195	+	twenty-three (23) years of age and older and Indiana
	196	+	residents (expressed as full-time equivalents); multiplied
	197	+	by
	198	+	(B) six thousand seven hundred fifty dollars ($6,750).
	199	+	(c) However, in the case of the charter school described in
	200	+	subsection (a)(3), the funding under this section applies only for those
	201	+	students who are twenty-two (22) years of age and older. In addition,
	202	+	the total number of students (expressed as full-time equivalents) of all
	203	+	adult learners in charter schools covered by this section may not exceed
	204	+	the following:
	205	+	(1) For the 2021-2022 state fiscal year:
	206	+	(A) For the Christel House DORS centers, eight hundred
	207	+	twenty-five (825) adult learner students.
	208	+	(B) For the Gary Middle College charter schools, two hundred
	209	+	fifty (250) adult learner students.
	210	+	(C) For the Excel Centers for Adult Learners, four thousand
	211	+	nine hundred (4,900) adult learner students.
	212	+	(2) For the 2022-2023 state fiscal year:
	213	+	(A) For the Christel House DORS centers, eight hundred
	214	+	twenty-five (825) adult learner students.
	215	+	(B) For the Gary Middle College charter schools, two hundred
	216	+	fifty (250) adult learner students.
	217	+	ES 443—LS 7236/DI 110 6
	218	+	(C) For the Excel Centers for Adult Learners, four thousand
	219	+	nine hundred (4,900) adult learner students.
	220	+	(d) (c) A charter school described in subsection (a) is entitled to
	221	+	receive federal special education funding.
	222	+	(e) (d) The state funding under this section shall be paid each state
	223	+	fiscal year under a schedule set by the budget agency and approved by
	224	+	the governor. However, the schedule shall provide for at least twelve
	225	+	(12) payments, that one (1) payment shall be made at least every forty
	226	+	(40) days, and the aggregate of the payments in each state fiscal year
	227	+	shall equal the amount required under this section. However, if the
	228	+	appropriations for this purpose are insufficient, the distributions to each
	229	+	recipient shall be reduced proportionately.
	230	+	(f) (e) A charter school that receives funding as provided in this
	231	+	section must report the following information annually to the state
	232	+	board and (in an electronic format under IC 5-14-6) to the legislative
	233	+	council, on a schedule specified by the state board:
	234	+	(1) The number of adult learners enrolled in the charter school
	235	+	during the preceding year.
	236	+	(2) The demographics of the adult learners enrolled in the charter
	237	+	school during the preceding year (in a format requested by the
	238	+	state board).
	239	+	(3) The graduation rates of the adult learners enrolled in the
	240	+	charter school during the preceding year.
	241	+	(4) The outcomes for adult learners enrolled in the charter school,
	242	+	as of graduation and as of two (2) years after graduation. A
	243	+	charter school must include information concerning students' job
	244	+	placement outcomes, information concerning students'
	245	+	matriculation into higher education, and any other information
	246	+	concerning outcomes required by the state board.
	247	+	(g) (f) This section expires June 30, 2023. 2025.
	248	+	SECTION 7. IC 20-24-7-14, AS ADDED BY P.L.47-2014,
	249	+	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	250	+	JUNE 29, 2023]: Sec. 14. Except as provided in section 13.5 of this
	251	+	chapter, notwithstanding any other law, for each state fiscal years
	252	+	beginning after June 30, 2014, year, an adult high school is not entitled
	253	+	to receive funding from the state, including any tuition support, unless
	254	+	the general assembly enacts an appropriation for the adult high
	255	+	school.".
	256	+	Page 5, line 29, delete "IC 20-28-3-1)" and insert "IC 20-28-3-1),
	257	+	including an alternative teacher certification program (as
	258	+	described in IC 20-28-5-12.5),".
	259	+	Page 6, line 42, strike "and".
	260	+	ES 443—LS 7236/DI 110 7
	261	+	Page 13, line 28, after "individuals" insert "first".
	262	+	Page 13, line 34, after "is" insert "first".
	263	+	Page 14, line 2, delete "and".
	264	+	Page 17, line 39, delete "2023," and insert "2024,".
	265	+	Page 18, delete lines 12 through 42, begin a new paragraph and
	266	+	insert:
	267	+	"SECTION 16. IC 20-28-9-28, AS AMENDED BY P.L.132-2022,
	268	+	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	269	+	JULY 1, 2023]: Sec. 28. (a) For each school year in a state fiscal year
	270	+	beginning after June 30, 2021, a school corporation shall expend an
	271	+	amount for full-time teacher salaries that is not less than an amount
	272	+	equal to forty-five percent (45%) of the state tuition support distributed
	273	+	to the school corporation during the state fiscal year. For purposes of
	274	+	determining whether a school corporation has complied with this
	275	+	requirement, the amount a school corporation expends for full-time
	276	+	teacher salaries shall include the amount the school corporation
	277	+	expends for participating in a special education cooperative or a career
	278	+	and technical education cooperative that is directly attributable to the
	279	+	salaries of full-time teachers employed by the cooperative, as
	280	+	determined by the department. This subsection expires July 1, 2024.
	281	+	(b) For each school year in a state fiscal year beginning after
	282	+	June 30, 2024, a school corporation shall expend an amount for
	283	+	teacher compensation that is not less than an amount equal to
	284	+	sixty-two percent (62%) of the state tuition support distributed to
	285	+	the school corporation during the state fiscal year. For purposes of
	286	+	determining whether a school corporation has complied with this
	287	+	requirement, the amount a school corporation expends for teacher
	288	+	compensation shall include the amount the school corporation
	289	+	expends for participating in a special education cooperative or a
	290	+	career and technical education cooperative that is directly
	291	+	attributable to the compensation of teachers employed by the
	292	+	cooperative, as determined by the department.
	293	+	(b) (c) If a school corporation determines that the school corporation
	294	+	cannot comply with the requirement under subsection (a) (before its
	295	+	expiration) or subsection (b) for a particular school year, the school
	296	+	corporation shall apply for a waiver from the department.
	297	+	(c) (d) The waiver application must include an explanation of the
	298	+	financial challenges, with detailed data, that preclude the school
	299	+	corporation from meeting the requirement under subsection (a) (before
	300	+	its expiration) or subsection (b) and describe the cost saving
	301	+	measures taken by the school corporation in attempting to meet the
	302	+	requirement in subsection (a) (before its expiration) or subsection
	303	+	ES 443—LS 7236/DI 110 8
	304	+	(b). The waiver may also include an explanation of an innovative or
	305	+	efficient approach in delivering instruction that is responsible for the
	306	+	school corporation being unable to meet the requirement under
	307	+	subsection (a) (before its expiration) or subsection (b).
	308	+	(d) (e) If, after review, the department determines that the school
	309	+	corporation has exhausted all reasonable efforts in attempting to meet
	310	+	the requirement in subsection (a) (before its expiration) or subsection
	311	+	(b), the department may grant the school corporation a one (1) year
	312	+	exception from the requirement.
	313	+	(e) (f) A school corporation that receives a waiver under this section
	314	+	shall work with the department to develop a plan to identify additional
	315	+	cost saving measures and any other steps that may be taken to allow the
	316	+	school corporation to meet the requirement under subsection (a)
	317	+	(before its expiration) or subsection (b).
	318	+	(f) (g) A school corporation may not receive more than three (3)
	319	+	waivers under this section.
	320	+	(g) (h) Before November 1, 2022, and Before November 1 of each
	321	+	year, thereafter, the department shall submit a report to the legislative
	322	+	council in an electronic format under IC 5-14-6 and the state budget
	323	+	committee that contains information as to:
	324	+	(1) the percent and amount that each school corporation expended
	325	+	and the statewide total expended for full-time teacher salaries;
	326	+	(2) the percent and amount that each school corporation expended
	327	+	and statewide total expended for full-time teacher benefits,
	328	+	including health, dental, life insurance, and pension benefits;
	329	+	(3) whether the school corporation met the requirement set forth
	330	+	in subsection (a) (before its expiration) or subsection (b); and
	331	+	(4) whether the school corporation received a waiver under
	332	+	subsection (d). (e).".
	333	+	Page 19, delete lines 1 through 19.
	334	+	Page 20, delete lines 5 through 42.
	335	+	Delete page 21.
	336	+	Page 22, delete lines 1 through 39, begin a new paragraph and
	337	+	insert:
	338	+	"SECTION 19. IC 20-43-2-3, AS AMENDED BY P.L.10-2019,
	339	+	SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	340	+	UPON PASSAGE]: Sec. 3. In determining the total amount to be
	341	+	distributed for purposes of section 2 of this chapter, distributions:
	342	+	(1) as basic tuition support;
	343	+	(2) for honors designation awards;
	344	+	(3) for special education grants;
	345	+	(4) for career and technical education grants;
	346	+	ES 443—LS 7236/DI 110 9
	347	+	(5) for choice scholarships; and
	348	+	(6) for Mitch Daniels early graduation scholarships; and
	349	+	(7) for early graduation grants under IC 20-43-10-5;
	350	+	are to be considered for a particular state fiscal year.
	351	+	SECTION 20. IC 20-43-10-5 IS ADDED TO THE INDIANA
	352	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	353	+	[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) This section does not
	354	+	apply to a virtual charter school (as defined in IC 20-24-1-10).
	355	+	(b) A school corporation's early graduation grant is the amount
	356	+	determined using the following formula:
	357	+	STEP ONE: Determine the number of students who met the
	358	+	following conditions during the student's expected graduation
	359	+	year (as defined in IC 20-26-13-4) in the school year ending in
	360	+	the previous state fiscal year:
	361	+	(A) The student was enrolled in the school corporation on
	362	+	the day in September fixed by the state board for the fall
	363	+	count of students under IC 20-43-4-3.
	364	+	(B) The student successfully completed Indiana high school
	365	+	graduation requirements before the day in February fixed
	366	+	by the state board for the spring count of students under
	367	+	IC 20-43-4-3.
	368	+	(C) The student was not enrolled in the school corporation
	369	+	on the day in February fixed by the state board for the
	370	+	spring count of students under IC 20-43-4-3.
	371	+	STEP TWO: Divide the school corporation's basic tuition
	372	+	support for the school year ending in the previous state fiscal
	373	+	year by the school corporation's ADM for the school year
	374	+	ending in the previous state fiscal year.
	375	+	STEP THREE: Multiply the STEP ONE result by the STEP
	376	+	TWO result.
	377	+	STEP FOUR: Multiply the STEP THREE result by
	378	+	twenty-five percent (25%).
	379	+	SECTION 21. IC 20-51-4-5, AS AMENDED BY P.L.165-2021,
	380	+	SECTION 178, IS AMENDED TO READ AS FOLLOWS
	381	+	[EFFECTIVE UPON PASSAGE]: Sec. 5. The state tuition support
	382	+	amount to be used in section 4(a)(1)(B) of this chapter for an eligible
	383	+	choice scholarship student is the amount determined under the last
	384	+	STEP of the following formula:
	385	+	STEP ONE: Determine the school corporation in which the
	386	+	eligible choice scholarship student has legal settlement.
	387	+	STEP TWO: Determine the amount of state tuition support that
	388	+	the school corporation identified under STEP ONE is eligible to
	389	+	ES 443—LS 7236/DI 110 10
	390	+	receive under IC 20-43 for the state fiscal year in which the
	391	+	current school year begins, including the basic tuition support
	392	+	amount made under IC 20-43-6 and grants made under
	393	+	IC 20-43-10-2. However, the amount does not include amounts
	394	+	provided for special education grants under IC 20-43-7, and
	395	+	career and technical education grants under IC 20-43-8, and
	396	+	early graduation grants under IC 20-43-10-5.
	397	+	STEP THREE: Determine the result of:
	398	+	(A) the STEP TWO amount; divided by
	399	+	(B) the current ADM (as defined in IC 20-43-1-10) for the
	400	+	school corporation identified under STEP ONE for the state
	401	+	fiscal year used in STEP TWO.".
	402	+	Renumber all SECTIONS consecutively.
	403	+	and when so amended that said bill do pass and be reassigned to the
	404	+	Senate Committee on Appropriations.
	405	+	(Reference is to SB 443 as introduced.)
	406	+	RAATZ, Chairperson
	407	+	Committee Vote: Yeas 11, Nays 1.
	408	+	_____
	409	+	COMMITTEE REPORT
	410	+	Madam President: The Senate Committee on Appropriations, to
	411	+	which was referred Senate Bill No. 443, has had the same under
	412	+	consideration and begs leave to report the same back to the Senate with
	413	+	the recommendation that said bill be AMENDED as follows:
	414	+	Page 2, delete lines 6 through 42.
	415	+	Delete pages 3 through 5.
	416	+	Page 6, delete lines 1 through 5.
	417	+	Page 18, delete lines 18 through 41.
	418	+	Page 21, delete lines 8 through 42.
	419	+	Page 22, delete lines 1 through 27.
	420	+	Renumber all SECTIONS consecutively.
	421	+	and when so amended that said bill do pass.
	422	+	(Reference is to SB 443 as printed February 10, 2023.)
	423	+	MISHLER, Chairperson
	424	+	Committee Vote: Yeas 13, Nays 0.
	425	+	ES 443—LS 7236/DI 110 11
	426	+	COMMITTEE REPORT
	427	+	Mr. Speaker: Your Committee on Education, to which was referred
	428	+	Senate Bill 443, has had the same under consideration and begs leave
	429	+	to report the same back to the House with the recommendation that said
	430	+	bill be amended as follows:
	431	+	Page 1, delete lines 1 through 14.
	432	+	Page 2, delete lines 1 through 5.
	433	+	Page 2, between lines 5 and 6, begin a new paragraph and insert:
	434	+	"SECTION 3. IC 20-19-3-29.5 IS ADDED TO THE INDIANA
15	435		CODE AS A NEW SECTION TO READ AS FOLLOWS
16	436		[EFFECTIVE JULY 1, 2023]: Sec. 29.5. (a) Not later than November
17	437		1, 2023, the department shall do the following:
18	438		(1) Create a list of personal liability insurers that offer
19	439		personal liability insurance policies for teachers.
20	440		(2) Post the list on the department's website.
21	441		(b) The department shall update the list described in subsection
22	442		(a) each year.
23		-	SECTION 2. IC 20-28-12-4, AS ADDED BY P.L.1-2005,
24		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25		-	JULY 1, 2023]: Sec. 4. (a) A school psychologist who is not employed
26		-	or excused from employment as described in section 3(2) of this
27		-	chapter may not provide services on a private basis to an individual
28		-	unless the school psychologist receives a referral from one (1) of the
29		-	following:
30		-	(1) A developmental center.
31		-	(2) A public school or private school.
32		-	(3) A physician licensed under IC 25-22.5.
33		-	(4) A health service professional in psychology licensed under
34		-	SEA 443 — Concur 2
35		-	IC 25-33-1.
36		-	(5) The individual's parent if the individual is an
37		-	unemancipated minor.
38		-	(b) A school psychologist who is endorsed under this chapter may
39		-	not provide services on a private basis to a student:
40		-	(1) who attends a school (including a nonpublic school) to which
41		-	the school psychologist is assigned; or
42		-	(2) whom the school psychologist would normally be expected to
43		-	serve.
44		-	SECTION 3. IC 20-31-3-4, AS AMENDED BY P.L.43-2021,
45		-	SECTION 102, IS AMENDED TO READ AS FOLLOWS
46		-	[EFFECTIVE JULY 1, 2023]: Sec. 4. The secretary of education shall
47		-	appoint an academic standards committee composed of subject area
48		-	teachers, higher education representatives with subject matter
49		-	expertise, employers, and parents during the period when a subject
50		-	area is undergoing revision.
51		-	SECTION 4. An emergency is declared for this act.
52		-	SEA 443 — Concur President of the Senate
53		-	President Pro Tempore
54		-	Speaker of the House of Representatives
55		-	Governor of the State of Indiana
56		-	Date: Time:
57		-	SEA 443 — Concur
	443	+	SECTION 4. IC 20-24-7-1, AS AMENDED BY P.L.218-2015,
	444	+	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	445	+	JUNE 29, 2023]: Sec. 1. (a) The organizer is the fiscal agent for the
	446	+	charter school.
	447	+	(b) The organizer has exclusive control of:
	448	+	(1) funds received by the charter school; and
	449	+	(2) financial matters of the charter school.
	450	+	(c) The organizer shall maintain accounts of all funds received and
	451	+	disbursed by the organizer. The organizer shall maintain separate
	452	+	accountings of all funds received and disbursed by each charter school
	453	+	it holds.
	454	+	(d) Notwithstanding IC 20-43, an organizer that operates more than
	455	+	one (1) charter school may file, before July 1 of each year, a notice with
	456	+	the department that the organizer desires to receive:
	457	+	(1) the tuition support distributions; and
	458	+	(2) in the case of:
	459	+	(A) an adult high school; (as defined in IC 20-24-1-2.3), or
	460	+	(B) a charter school listed in section 13.5(a)(3) through
	461	+	13.5(a)(6) of this chapter with regard to students
	462	+	twenty-three (23) years of age or older;
	463	+	funding provided in the state biennial budget for adult high
	464	+	schools and adult learners;
	465	+	for all the charter schools the organizer operates. After the organizer's
	466	+	authorizer or authorizers verify to the department that the organizer
	467	+	ES 443—LS 7236/DI 110 12
	468	+	operates the charter schools, the department shall distribute the tuition
	469	+	support and in the case of an adult high school (as defined in
	470	+	IC 20-24-1-2.3), funding provided in the state biennial budget for adult
	471	+	high schools and adult learners for the verified charter schools to the
	472	+	organizer. The organizer may distribute the tuition support distribution
	473	+	it receives to each charter school it operates in the amounts determined
	474	+	by the organizer. However, an organizer that receives money from the
	475	+	state under this subsection may not use any of the money received for
	476	+	expenses incurred outside Indiana that are not directly related to the
	477	+	charter school the organizer operates in Indiana.
	478	+	(e) Organizers receiving tuition support under this section may
	479	+	submit a consolidated audit in accordance with guidelines established
	480	+	by the state examiner and submit any required financial reporting to the
	481	+	department in a manner prescribed by the state examiner. The state
	482	+	examiner shall establish guidelines and prescribe reporting
	483	+	requirements for organizers under this section that are consistent with
	484	+	generally accepted accounting principles (GAAP) and the needs of the
	485	+	department.
	486	+	SECTION 5. IC 20-24-7-2, AS AMENDED BY P.L.85-2017,
	487	+	SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	488	+	JUNE 29, 2023]: Sec. 2. The department shall distribute:
	489	+	(1) state tuition support distributions; and
	490	+	(2) in the case of:
	491	+	(A) an adult high school; (as defined in IC 20-24-1-2.3), or
	492	+	(B) a charter school listed in section 13.5(a)(3) through
	493	+	13.5(a)(6) of this chapter with regard to students
	494	+	twenty-three (23) years of age or older;
	495	+	funding provided in the state biennial budget for adult high
	496	+	schools and adult learners;
	497	+	to the organizer. The department shall make a distribution under this
	498	+	section at the same time and in the same manner as the department
	499	+	makes a distribution of state tuition support under IC 20-43-2 to other
	500	+	school corporations.
	501	+	SECTION 6. IC 20-24-7-13.5, AS AMENDED BY P.L.165-2021,
	502	+	SECTION 151, IS AMENDED TO READ AS FOLLOWS
	503	+	[EFFECTIVE JUNE 29, 2023]: Sec. 13.5. (a) This section applies to
	504	+	the following charter schools:
	505	+	(1) The Excel Centers for Adult Learners.
	506	+	(2) The Christel House DORS centers.
	507	+	(3) The Gary Middle College charter schools.
	508	+	(4) Options Schools.
	509	+	(5) Dynamic Minds Academy.
	510	+	ES 443—LS 7236/DI 110 13
	511	+	(6) Neighbors' New Vistas.
	512	+	(b) Notwithstanding any other law, the following funding applies
	513	+	to charter schools listed in subsection (a):
	514	+	(1) For a state fiscal year, a charter school described listed in
	515	+	subsection (a) (a)(1) or (a)(2) is entitled to receive funding from
	516	+	the state in an amount equal to the product of:
	517	+	(1) (A) the charter school's number of students who are
	518	+	Indiana residents (expressed as full-time equivalents);
	519	+	multiplied by
	520	+	(2) (B) six thousand seven hundred fifty dollars ($6,750).
	521	+	beginning July 1, 2017.
	522	+	(2) For a state fiscal year, a charter school listed in subsection
	523	+	(a)(3) through (a)(6) is entitled to receive funding from the
	524	+	state in an amount equal to the product of:
	525	+	(A) the charter school's number of students who are
	526	+	twenty-three (23) years of age and older and Indiana
	527	+	residents (expressed as full-time equivalents); multiplied
	528	+	by
	529	+	(B) six thousand seven hundred fifty dollars ($6,750).
	530	+	(c) However, in the case of the charter school described in
	531	+	subsection (a)(3), the funding under this section applies only for those
	532	+	students who are twenty-two (22) years of age and older. In addition,
	533	+	the total number of students (expressed as full-time equivalents) of all
	534	+	adult learners in charter schools covered by this section may not exceed
	535	+	the following:
	536	+	(1) For the 2021-2022 state fiscal year:
	537	+	(A) For the Christel House DORS centers, eight hundred
	538	+	twenty-five (825) adult learner students.
	539	+	(B) For the Gary Middle College charter schools, two hundred
	540	+	fifty (250) adult learner students.
	541	+	(C) For the Excel Centers for Adult Learners, four thousand
	542	+	nine hundred (4,900) adult learner students.
	543	+	(2) For the 2022-2023 state fiscal year:
	544	+	(A) For the Christel House DORS centers, eight hundred
	545	+	twenty-five (825) adult learner students.
	546	+	(B) For the Gary Middle College charter schools, two hundred
	547	+	fifty (250) adult learner students.
	548	+	(C) For the Excel Centers for Adult Learners, four thousand
	549	+	nine hundred (4,900) adult learner students.
	550	+	(d) (c) A charter school described in subsection (a) is entitled to
	551	+	receive federal special education funding.
	552	+	(e) (d) The state funding under this section shall be paid each state
	553	+	ES 443—LS 7236/DI 110 14
	554	+	fiscal year under a schedule set by the budget agency and approved by
	555	+	the governor. However, the schedule shall provide for at least twelve
	556	+	(12) payments, that one (1) payment shall be made at least every forty
	557	+	(40) days, and the aggregate of the payments in each state fiscal year
	558	+	shall equal the amount required under this section. However, if the
	559	+	appropriations for this purpose are insufficient, the distributions to each
	560	+	recipient shall be reduced proportionately.
	561	+	(f) (e) A charter school that receives funding as provided in this
	562	+	section must report the following information annually to the state
	563	+	board and (in an electronic format under IC 5-14-6) to the legislative
	564	+	council, on a schedule specified by the state board:
	565	+	(1) The number of adult learners enrolled in the charter school
	566	+	during the preceding year.
	567	+	(2) The demographics of the adult learners enrolled in the charter
	568	+	school during the preceding year (in a format requested by the
	569	+	state board).
	570	+	(3) The graduation rates of the adult learners enrolled in the
	571	+	charter school during the preceding year.
	572	+	(4) The outcomes for adult learners enrolled in the charter school,
	573	+	as of graduation and as of two (2) years after graduation. A
	574	+	charter school must include information concerning students' job
	575	+	placement outcomes, information concerning students'
	576	+	matriculation into higher education, and any other information
	577	+	concerning outcomes required by the state board.
	578	+	(g) (f) This section expires June 30, 2023. 2025.".
	579	+	Page 2, delete lines 13 through 42.
	580	+	Delete pages 3 through 14.
	581	+	Page 15, delete lines 1 through 40.
	582	+	Renumber all SECTIONS consecutively.
	583	+	and when so amended that said bill do pass.
	584	+	(Reference is to SB 443 as printed February 24, 2023.)
	585	+	BEHNING
	586	+	Committee Vote: yeas 11, nays 0.
	587	+	ES 443—LS 7236/DI 110 15
	588	+	COMMITTEE REPORT
	589	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	590	+	referred Senate Bill 443, has had the same under consideration and
	591	+	begs leave to report the same back to the House with the
	592	+	recommendation that said bill be amended as follows:
	593	+	Page 1, delete lines 10 through 14.
	594	+	Delete pages 2 through 4.
	595	+	Page 5, delete lines 1 through 9.
	596	+	Renumber all SECTIONS consecutively.
	597	+	and when so amended that said bill do pass.
	598	+	(Reference is to ESB 443 as printed March 23, 2023.)
	599	+	THOMPSON
	600	+	Committee Vote: yeas 22, nays 0.
	601	+	ES 443—LS 7236/DI 110