Indiana 2023 Regular Session

Indiana Senate Bill SB0471 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 471
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-3.1-37; IC 12-7-2; IC 12-17.2; IC 20-19-3;
7	7	IC 20-20-47; IC 20-33-2.
8	8	Synopsis: Universal child care and pre-k. Establishes a nonrefundable
9	9	tax credit for an employer with 25 or fewer employees that makes
10	10	contributions of at least $10,000 during the calendar year toward a
11	11	qualified employee's cost for a qualified preschool program. Defines
12	12	"qualified employee" and "qualified preschool program". Provides that
13	13	the amount of the credit is equal to the lesser of: (1) $5,000; or (2) the
14	14	taxpayer's adjusted gross income tax liability. Provides that a child who
15	15	is otherwise eligible for participation in the federal Child Care and
16	16	Development Fund voucher program may continue to participate unless
17	17	the child's family income exceeds 185% of the federal income poverty
18	18	level. Increases the income cap of a family, from 125% to 185% of the
19	19	federal poverty level, that may participate in the prekindergarten
20	20	program (On My Way Pre-K program). Removes references in
21	21	provisions pertaining to the On My Way Pre-K program as being a pilot
22	22	program. Phases in a reduction in the age of compulsory school
23	23	attendance, from seven years of age to four years of age. Establishes the
24	24	prekindergarten capacity expansion grant program and fund. Provides
25	25	that the program and fund are administered by the department of
26	26	education (department). Provides that the department shall award
27	27	grants to school corporations to increase the capacity of facilities to
28	28	provide prekindergarten education. Repeals provisions defining a
29	29	"limited eligibility child", "pilot fund" and "extended enrollment
30	30	period" for purposes of the On My Way Pre-K program. Repeals the
31	31	expiration date for the On My Way Pre-K program. Makes conforming
32	32	amendments. Makes appropriations.
33	33	Effective: July 1, 2023.
34	34	Qaddoura
35	35	January 19, 2023, read first time and referred to Committee on Education and Career
36	36	Development.
37	37	2023 IN 471—LS 6827/DI 116 Introduced
38	38	First Regular Session of the 123rd General Assembly (2023)
39	39	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
40	40	Constitution) is being amended, the text of the existing provision will appear in this style type,
41	41	additions will appear in this style type, and deletions will appear in this style type.
42	42	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
43	43	provision adopted), the text of the new provision will appear in this style type. Also, the
44	44	word NEW will appear in that style type in the introductory clause of each SECTION that adds
45	45	a new provision to the Indiana Code or the Indiana Constitution.
46	46	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
47	47	between statutes enacted by the 2022 Regular Session of the General Assembly.
48	48	SENATE BILL No. 471
49	49	A BILL FOR AN ACT to amend the Indiana Code concerning
50	50	human services and to make an appropriation.
51	51	Be it enacted by the General Assembly of the State of Indiana:
52	52	1 SECTION 1. IC 6-3.1-37 IS ADDED TO THE INDIANA CODE
53	53	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
54	54	3 JULY 1, 2023]:
55	55	4 Chapter 37. Small Business Contribution for Qualified
56	56	5 Preschool Tax Credit
57	57	6 Sec. 1. As used in this chapter, "contribution" means an amount
58	58	7 of money equal to or exceeding ten thousand dollars ($10,000)
59	59	8 during the calendar year that is directly provided to a qualified
60	60	9 preschool program by a taxpayer on behalf of a qualified employee
61	61	10 for use toward the qualified employee's cost for a qualified
62	62	11 preschool program.
63	63	12 Sec. 2. As used in this chapter, "employer" has the meaning set
64	64	13 forth in Section 3401(d) of the Internal Revenue Code.
65	65	14 Sec. 3. As used in this chapter, "pass through entity" means a:
66	66	15 (1) corporation that is exempt from the adjusted gross income
67	67	16 tax under IC 6-3-2-2.8(2);
68	68	17 (2) partnership;
69	69	2023 IN 471—LS 6827/DI 116 2
70	70	1 (3) trust;
71	71	2 (4) limited liability company; or
72	72	3 (5) limited liability partnership.
73	73	4 Sec. 4. As used in this chapter, "qualified employee" means an
74	74	5 individual who:
75	75	6 (1) is employed for consideration or who renders any other
76	76	7 standard of service generally accepted by custom or specified
77	77	8 by contract as employment; and
78	78	9 (2) has a child who:
79	79	10 (A) resides with the individual; and
80	80	11 (B) is not eligible:
81	81	12 (i) for payment for child care through the Child Care
82	82	13 and Development Fund voucher program administered
83	83	14 under 45 CFR 98 and 45 CFR 99; or
84	84	15 (ii) to receive a grant under the prekindergarten
85	85	16 program established under IC 12-17.2-7.2.
86	86	17 Sec. 5. As used in this chapter, "qualified preschool program"
87	87	18 means a program in which a child who resides with a qualified
88	88	19 employee is enrolled or attends that:
89	89	20 (1) provides an educational experience through an age
90	90	21 appropriate written curriculum for children who:
91	91	22 (A) are at least thirty (30) months of age; and
92	92	23 (B) are not eligible to enter kindergarten; and
93	93	24 (2) is offered by a provider that meets the standards of quality
94	94	25 recognized by a Level 3 or Level 4 Paths to QUALITY
95	95	26 program rating and is a:
96	96	27 (A) school corporation;
97	97	28 (B) child care center licensed under IC 12-17.2-4;
98	98	29 (C) child care home licensed under IC 12-17.2-5;
99	99	30 (D) child care ministry registered under IC 12-17.2-6; or
100	100	31 (E) school that is accredited by the Indiana state board of
101	101	32 education or a national or regional accreditation agency
102	102	33 that is recognized by the Indiana state board of education.
103	103	34 Sec. 6. As used in this chapter, "state tax liability" means a
104	104	35 taxpayer's total tax liability that is incurred under:
105	105	36 (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
106	106	37 (2) IC 27-1-18-2 (the insurance premiums tax); and
107	107	38 (3) IC 6-5.5 (the financial institutions tax);
108	108	39 as computed after the application of the credits that under
109	109	40 IC 6-3.1-1-2 are to be applied before the credit provided by this
110	110	41 chapter.
111	111	42 Sec. 7. As used in this chapter, "taxpayer" means a person,
112	112	2023 IN 471—LS 6827/DI 116 3
113	113	1 corporation, partnership, or other entity that:
114	114	2 (1) has any state tax liability;
115	115	3 (2) is the employer of a qualified employee; and
116	116	4 (3) has the equivalent of twenty-five (25) or fewer employees.
117	117	5 Sec. 8. A taxpayer that makes a contribution toward a qualified
118	118	6 employee's cost for a qualified preschool program during a taxable
119	119	7 year is entitled to a credit against the taxpayer's state tax liability
120	120	8 in the taxable year in which the taxpayer makes the contribution.
121	121	9 The amount of a taxpayer's credit is equal to the lesser of:
122	122	10 (1) five thousand dollars ($5,000); or
123	123	11 (2) the taxpayer's adjusted gross income tax liability.
124	124	12 Sec. 9. To apply a credit against the taxpayer's state tax liability,
125	125	13 a taxpayer must claim the credit on the taxpayer's annual state tax
126	126	14 return or returns in the manner prescribed by the department. The
127	127	15 taxpayer shall submit to the department the information that the
128	128	16 department determines is necessary for the department to
129	129	17 determine whether the taxpayer is eligible for the credit.
130	130	18 Sec. 10. A taxpayer that makes a contribution to a qualified
131	131	19 preschool program is considered to have made the contribution on
132	132	20 the date that:
133	133	21 (1) the taxpayer's contribution is postmarked or accepted by
134	134	22 a delivery service, for contributions that are submitted to a
135	135	23 qualified preschool program by mail or delivery service; or
136	136	24 (2) the taxpayer's electronic funds transfer is initiated, for
137	137	25 contributions that are submitted to a qualified preschool
138	138	26 program by electronic funds transfer.
139	139	27 Sec. 11. A taxpayer is not entitled to a carryback, carryover, or
140	140	28 refund of an unused credit.
141	141	29 Sec. 12. A taxpayer may not sell, assign, convey, or otherwise
142	142	30 transfer the tax credit provided by this chapter.
143	143	31 Sec. 13. If a pass through entity is entitled to a credit under
144	144	32 section 8 of this chapter but does not have state tax liability against
145	145	33 which the tax credit may be applied, a shareholder, partner, or
146	146	34 member of the pass through entity is entitled to a tax credit equal
147	147	35 to:
148	148	36 (1) the tax credit determined for the pass through entity for
149	149	37 the taxable year; multiplied by
150	150	38 (2) the percentage of the pass through entity's distributive
151	151	39 income to which the shareholder, partner, or member is
152	152	40 entitled.
153	153	41 Sec. 14. The department may adopt rules under IC 4-22-2 to
154	154	42 implement this chapter.
155	155	2023 IN 471—LS 6827/DI 116 4
156	156	1 SECTION 2. IC 12-7-2-91, AS AMENDED BY P.L.184-2017,
157	157	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
158	158	3 JULY 1, 2023]: Sec. 91. "Fund" means the following:
159	159	4 (1) For purposes of IC 12-12-1-9, the fund described in
160	160	5 IC 12-12-1-9.
161	161	6 (2) For purposes of IC 12-15-20, the meaning set forth in
162	162	7 IC 12-15-20-1.
163	163	8 (3) For purposes of IC 12-17-12, the meaning set forth in
164	164	9 IC 12-17-12-4.
165	165	10 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
166	166	11 IC 12-17.2-7.2-4.7.
167	167	12 (4) (5) For purposes of IC 12-17.6, the meaning set forth in
168	168	13 IC 12-17.6-1-3.
169	169	14 (5) (6) For purposes of IC 12-23-2, the meaning set forth in
170	170	15 IC 12-23-2-1.
171	171	16 (6) (7) For purposes of IC 12-23-18, the meaning set forth in
172	172	17 IC 12-23-18-4.
173	173	18 (7) (8) For purposes of IC 12-24-6, the meaning set forth in
174	174	19 IC 12-24-6-1.
175	175	20 (8) (9) For purposes of IC 12-24-14, the meaning set forth in
176	176	21 IC 12-24-14-1.
177	177	22 (9) (10) For purposes of IC 12-30-7, the meaning set forth in
178	178	23 IC 12-30-7-3.
179	179	24 SECTION 3. IC 12-7-2-139.3 IS REPEALED [EFFECTIVE JULY
180	180	25 1, 2023]. Sec. 139.3. "Pilot fund", for purposes of IC 12-17.2-7.2, has
181	181	26 the meaning set forth in IC 12-17.2-7.2-4.7.
182	182	27 SECTION 4. IC 12-17.2-3.4 IS ADDED TO THE INDIANA CODE
183	183	28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
184	184	29 JULY 1, 2023]:
185	185	30 Chapter 3.4. Child Care and Development Fund
186	186	31 Sec. 1. The definitions in IC 12-17.2-3.5 apply throughout this
187	187	32 chapter.
188	188	33 Sec. 2. As used in this chapter, "CCDF" refers to the federal
189	189	34 Child Care and Development Fund voucher program administered
190	190	35 under 45 CFR 98 and 45 CFR 99.
191	191	36 Sec. 3. A child who:
192	192	37 (1) receives child care paid for by a CCDF voucher payment;
193	193	38 and
194	194	39 (2) otherwise meets the eligibility criteria under 45 CFR 98.20
195	195	40 for continued payment under CCDF;
196	196	41 remains eligible to continue to receive child care paid for by a
197	197	42 CCDF voucher payment unless the child's family income exceeds
198	198	2023 IN 471—LS 6827/DI 116 5
199	199	1 one hundred eighty-five percent (185%) of the federal income
200	200	2 poverty level.
201	201	3 SECTION 5. IC 12-17.2-7.2-1, AS AMENDED BY P.L.268-2019,
202	202	4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203	203	5 JULY 1, 2023]: Sec. 1. As used in this chapter, "eligible child" refers
204	204	6 to an individual who:
205	205	7 (1) is at least four (4) years of age and less than five (5) years of
206	206	8 age on August 1 of the state fiscal year for which a grant is sought
207	207	9 under the prekindergarten pilot program;
208	208	10 (2) is a resident of Indiana or otherwise has legal settlement in
209	209	11 Indiana, as determined under IC 20-26-11;
210	210	12 (3) is a member of a household with an annual income that does
211	211	13 not exceed one hundred twenty-seven percent (127%) one
212	212	14 hundred eighty-five percent (185%) of the federal poverty
213	213	15 level;
214	214	16 (4) receives qualified early education services from an eligible
215	215	17 provider, as determined by the office;
216	216	18 (5) has a parent or guardian who participates in a parental
217	217	19 engagement and involvement component provided by the eligible
218	218	20 provider;
219	219	21 (6) has a parent or guardian who agrees to ensure that the child
220	220	22 meets the attendance requirements determined by the office; and
221	221	23 (7) meets the requirements under section 7.2(a) and 7.2(c) 7.2(b)
222	222	24 of this chapter.
223	223	25 SECTION 6. IC 12-17.2-7.2-2, AS AMENDED BY P.L.268-2019,
224	224	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225	225	27 JULY 1, 2023]: Sec. 2. As used in this chapter, "eligible provider"
226	226	28 refers to a provider that satisfies the following conditions:
227	227	29 (1) The provider is:
228	228	30 (A) a:
229	229	31 (i) public school, including a charter school;
230	230	32 (ii) child care center licensed under IC 12-17.2-4;
231	231	33 (iii) child care home licensed under IC 12-17.2-5; or
232	232	34 (iv) child care ministry registered under IC 12-17.2-6;
233	233	35 that meets the standards of quality recognized by a Level 3 or
234	234	36 Level 4 paths to QUALITY program rating;
235	235	37 (B) a school that is accredited by the state board of education
236	236	38 or a national or regional accreditation agency that is
237	237	39 recognized by the state board of education; or
238	238	40 (C) a school that is accredited to provide qualified early
239	239	41 education services by an accrediting agency approved by the
240	240	42 office of the secretary.
241	241	2023 IN 471—LS 6827/DI 116 6
242	242	1 (2) The provider:
243	243	2 (A) provides qualified early education services to eligible and
244	244	3 limited eligibility children; and
245	245	4 (B) complies with the agreement with the office concerning
246	246	5 the delivery of qualified education services and the use of a
247	247	6 grant provided under this chapter.
248	248	7 SECTION 7. IC 12-17.2-7.2-2.1 IS REPEALED [EFFECTIVE
249	249	8 JULY 1, 2023]. Sec. 2.1. As used in this chapter, "extended enrollment
250	250	9 period" refers to the period set forth by the office beginning not later
251	251	10 than June 1 of each calendar year.
252	252	11 SECTION 8. IC 12-17.2-7.2-2.5 IS REPEALED [EFFECTIVE
253	253	12 JULY 1, 2023]. Sec. 2.5. As used in this chapter, "limited eligibility
254	254	13 child" refers to an individual who:
255	255	14 (1) is at least four (4) years of age and less than five (5) years of
256	256	15 age on August 1 of the state fiscal year for which a grant is sought
257	257	16 under the prekindergarten pilot program;
258	258	17 (2) is a resident of Indiana or otherwise has legal settlement in
259	259	18 Indiana, as determined under IC 20-26-11;
260	260	19 (3) receives qualified early education services from an eligible
261	261	20 provider, as determined by the office;
262	262	21 (4) has a parent or guardian who agrees to ensure that the child
263	263	22 meets the attendance requirements determined by the office;
264	264	23 (5) has a parent or guardian who participates in a parental
265	265	24 engagement and involvement component provided by the eligible
266	266	25 provider;
267	267	26 (6) is a member of a household with an annual income that does
268	268	27 not exceed one hundred eighty-five percent (185%) of the federal
269	269	28 poverty level;
270	270	29 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
271	271	30 chapter; and
272	272	31 (8) is not an eligible child.
273	273	32 SECTION 9. IC 12-17.2-7.2-4.7, AS ADDED BY P.L.184-2017,
274	274	33 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
275	275	34 JULY 1, 2023]: Sec. 4.7. As used in this chapter, "pilot "fund" refers
276	276	35 to the prekindergarten pilot program fund established by section 13.5
277	277	36 of this chapter.
278	278	37 SECTION 10. IC 12-17.2-7.2-5, AS AMENDED BY P.L.184-2017,
279	279	38 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
280	280	39 JULY 1, 2023]: Sec. 5. As used in this chapter, "prekindergarten pilot
281	281	40 program" refers to the prekindergarten pilot program established under
282	282	41 section 7 of this chapter.
283	283	42 SECTION 11. IC 12-17.2-7.2-6, AS AMENDED BY P.L.268-2019,
284	284	2023 IN 471—LS 6827/DI 116 7
285	285	1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
286	286	2 JULY 1, 2023]: Sec. 6. As used in this chapter, "qualified early
287	287	3 education services" refers to a program of early education services that:
288	288	4 (1) is provided by an eligible provider to an eligible or limited
289	289	5 eligibility child;
290	290	6 (2) includes a parental engagement and involvement component
291	291	7 in the delivery of early education services that is based on the
292	292	8 requirements and guidelines established by the office;
293	293	9 (3) administers the kindergarten readiness assessment adopted by
294	294	10 the state board of education;
295	295	11 (4) aligns with the early learning development framework for
296	296	12 prekindergarten approved by the department of education under
297	297	13 IC 20-19-3-16; and
298	298	14 (5) meets the design parameters for inclusion in the longitudinal
299	299	15 study described in section 12 of this chapter, as determined by the
300	300	16 office.
301	301	17 SECTION 12. IC 12-17.2-7.2-7, AS AMENDED BY P.L.268-2019,
302	302	18 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303	303	19 JULY 1, 2023]: Sec. 7. (a) The office may establish a prekindergarten
304	304	20 pilot program to provide grants for:
305	305	21 (1) qualified early education services in a manner consistent with
306	306	22 how funds are distributed under the Child Care and Development
307	307	23 Fund (CCDF) grant program; and
308	308	24 (2) expansion plans as described in section 7.4(a)(2) of this
309	309	25 chapter.
310	310	26 (b) The office shall administer the prekindergarten pilot program.
311	311	27 The prekindergarten pilot program may include:
312	312	28 (1) eligible providers in Indiana; and
313	313	29 (2) potential eligible providers or existing eligible providers as
314	314	30 described in section 7.4 of this chapter.
315	315	31 (c) Before July 1, 2017, the prekindergarten pilot program includes
316	316	32 eligible providers in the following pilot counties:
317	317	33 (1) Allen.
318	318	34 (2) Jackson.
319	319	35 (3) Lake.
320	320	36 (4) Marion.
321	321	37 (5) Vanderburgh.
322	322	38 The total number of grants the office awards to eligible children in a
323	323	39 county listed in this subsection during a state fiscal year may not be
324	324	40 less than the total number of grants the office awarded to eligible
325	325	41 children in that county during the immediately preceding state fiscal
326	326	42 year unless the office determines that there is an insufficient number of
327	327	2023 IN 471—LS 6827/DI 116 8
328	328	1 eligible children or eligible providers in the county to justify the total
329	329	2 number of grants for that county. Beginning July 1, 2020, the total
330	330	3 number of grants during the immediately preceding state fiscal year
331	331	4 shall include the number of grants issued under a preschool program
332	332	5 established in March 2015 that operates in a consolidated city.
333	333	6 (d) After June 30, 2017, and before July 1, 2019, in addition to the
334	334	7 counties listed under subsection (c), the prekindergarten pilot program
335	335	8 includes eligible providers in fifteen (15) additional counties. In
336	336	9 determining which counties are designated as pilot 2017 expansion
337	337	10 counties under this subsection, the office shall give preference to
338	338	11 counties that are primarily rural. The total number of grants the office
339	339	12 awards to eligible children in a county designated under this subsection
340	340	13 during a state fiscal year may not be less than the total number of grants
341	341	14 the office awarded to eligible children in that county during the
342	342	15 immediately preceding state fiscal year unless the office determines
343	343	16 that there is an insufficient number of eligible children or eligible
344	344	17 providers in the county to justify the total number of grants for that
345	345	18 county.
346	346	19 (e) In addition to the counties listed in subsection (c) and counties
347	347	20 designated under subsection (d), the prekindergarten pilot program
348	348	21 includes eligible providers in any county in Indiana.
349	349	22 (f) Subject to the requirements of this chapter, the office shall
350	350	23 determine:
351	351	24 (1) the eligibility requirements, application process, and selection
352	352	25 process for awarding grants under the prekindergarten pilot
353	353	26 program;
354	354	27 (2) the administration and reporting requirements for:
355	355	28 (A) eligible providers; and
356	356	29 (B) potential eligible providers or existing eligible providers;
357	357	30 participating in the prekindergarten pilot program; and
358	358	31 (3) with the assistance of the early learning advisory committee,
359	359	32 an appropriate outcomes based accountability system for:
360	360	33 (A) eligible providers; and
361	361	34 (B) potential eligible providers or existing eligible providers.
362	362	35 (g) Before implementing the prekindergarten pilot program, the
363	363	36 office shall submit the provisions of the prekindergarten pilot program
364	364	37 to the state board of education for the state board of education's review
365	365	38 and comment.
366	366	39 (h) The office shall, subject to the availability of funding, determine
367	367	40 the number of eligible children who will participate in the
368	368	41 prekindergarten pilot program. After December 31, 2019, the office
369	369	42 shall, subject to the availability of funding, determine the number of
370	370	2023 IN 471—LS 6827/DI 116 9
371	371	1 limited eligibility children who will participate in the prekindergarten
372	372	2 pilot program.
373	373	3 SECTION 13. IC 12-17.2-7.2-7.2, AS AMENDED BY
374	374	4 P.L.268-2019, SECTION 9, IS AMENDED TO READ AS FOLLOWS
375	375	5 [EFFECTIVE JULY 1, 2023]: Sec. 7.2. (a) For an eligible child to
376	376	6 qualify for a grant under this chapter, the eligible child must reside
377	377	7 with a parent or guardian who is:
378	378	8 (1) working or attending a job training or an educational program;
379	379	9 or
380	380	10 (2) actively seeking employment, subject to the approval by the
381	381	11 United States Department of Health and Human Services as
382	382	12 provided in 45 CFR 98.21.
383	383	13 (b) For a limited eligibility child to qualify for a grant under this
384	384	14 chapter, the limited eligibility child must reside with a parent or
385	385	15 guardian who:
386	386	16 (1) is working or attending a job training or an educational
387	387	17 program;
388	388	18 (2) is actively seeking employment, subject to the approval by the
389	389	19 United States Department of Health and Human Services as
390	390	20 provided in 45 CFR 98.21; or
391	391	21 (3) receives Social Security Disability Insurance or Supplemental
392	392	22 Security Income benefits.
393	393	23 (c) (b) Before the office may award a grant to an eligible or limited
394	394	24 eligibility child under this chapter, the office shall require that a parent
395	395	25 or guardian of the eligible or limited eligibility child agree to the
396	396	26 following:
397	397	27 (1) The eligible or limited eligibility child will attend the
398	398	28 prekindergarten program of an eligible provider selected by the
399	399	29 parent or guardian for the full duration of the prekindergarten
400	400	30 program year.
401	401	31 (2) The parent or guardian will not transfer to another
402	402	32 prekindergarten program during the prekindergarten program
403	403	33 year.
404	404	34 (3) The eligible or limited eligibility child will attend the
405	405	35 prekindergarten program at least eighty-five percent (85%) of the
406	406	36 days that the prekindergarten program is provided.
407	407	37 (4) The parent or guardian will allow the eligible or limited
408	408	38 eligibility child to participate in an external evaluation conducted
409	409	39 by researchers, including the kindergarten readiness assessment
410	410	40 and measuring of developmental and academic progress.
411	411	41 (5) The parent or guardian will participate in family engagement
412	412	42 and involvement activities offered by the selected prekindergarten
413	413	2023 IN 471—LS 6827/DI 116 10
414	414	1 program, including meetings with the eligible or limited eligibility
415	415	2 child's teacher to discuss the eligible or limited eligibility child's
416	416	3 progress or any other conference concerning the eligible or
417	417	4 limited eligibility child that is requested by the eligible provider.
418	418	5 (6) The parent or guardian will complete the necessary forms for
419	419	6 the eligible child or limited eligibility child to receive a student
420	420	7 test number from the department of education.
421	421	8 (7) The parent or guardian will send the eligible or limited
422	422	9 eligibility child to kindergarten.
423	423	10 (8) The parent or guardian will read to the eligible or limited
424	424	11 eligibility child each week.
425	425	12 (9) Any other condition the office determines is appropriate.
426	426	13 (d) (c) Priority may be given to an eligible or limited eligibility child
427	427	14 under this section if a parent or guardian of the eligible or limited
428	428	15 eligibility child is:
429	429	16 (1) involved in activities that improve the parent's or guardian's
430	430	17 education; or
431	431	18 (2) involved in job training.
432	432	19 SECTION 14. IC 12-17.2-7.2-7.3, AS AMENDED BY
433	433	20 P.L.268-2019, SECTION 10, IS AMENDED TO READ AS
434	434	21 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.3. The office shall
435	435	22 require, for an eligible provider to enroll in the prekindergarten pilot
436	436	23 program, that the eligible provider agree to the following:
437	437	24 (1) Comply on a continuing basis with the requirements under this
438	438	25 chapter and rules for participation established by the office.
439	439	26 (2) Maintain eligibility under this chapter throughout the
440	440	27 prekindergarten program year.
441	441	28 (3) Report immediately any changes in eligibility status to the
442	442	29 office, including the eligible provider's loss of national or regional
443	443	30 accreditation.
444	444	31 (4) Participate in any training and mandatory meetings required
445	445	32 by the office.
446	446	33 (5) Participate in all onsite visits conducted by the office,
447	447	34 including fiscal auditing activities with regard to the
448	448	35 prekindergarten pilot program and prekindergarten program
449	449	36 activity monitoring.
450	450	37 (6) Allow families of eligible or limited eligibility children
451	451	38 enrolled in the prekindergarten program of the eligible provider
452	452	39 to visit at any time the prekindergarten program is in operation.
453	453	40 (7) Maintain accurate online attendance records through the
454	454	41 attendance portal for eligible or limited eligibility children
455	455	42 enrolled in the prekindergarten pilot program and submit
456	456	2023 IN 471—LS 6827/DI 116 11
457	457	1 attendance records as required by the office.
458	458	2 (8) Offer parental engagement and involvement activities in the
459	459	3 prekindergarten program of the eligible provider in alignment
460	460	4 with the family engagement framework adopted by the early
461	461	5 learning advisory committee established by IC 12-17.2-3.8-5.
462	462	6 (9) Complete, within the period established by the office, the
463	463	7 Indiana early childhood family engagement toolkit, including the
464	464	8 family engagement self-assessment, adopted by the early learning
465	465	9 advisory committee.
466	466	10 (10) Share information on the family engagement self-assessment
467	467	11 described in subdivision (9) as required by the office.
468	468	12 (11) Participate in research studies as required by the office.
469	469	13 (12) Enforce minimum attendance requirements of at least
470	470	14 eighty-five percent (85%) of the days that the prekindergarten
471	471	15 program of the eligible provider is offered to an eligible or limited
472	472	16 eligibility child.
473	473	17 (13) Inform the office that an eligible or limited eligibility child
474	474	18 has withdrawn from the prekindergarten program of the eligible
475	475	19 provider not later than five (5) days after the eligible or limited
476	476	20 eligibility child is withdrawn.
477	477	21 (14) That retroactive repayment to the state may be required or
478	478	22 future payments may be adjusted as a result of the withdrawal of
479	479	23 an eligible or limited eligibility child or changes in the law.
480	480	24 (15) Maintain records of participation by a family of an eligible
481	481	25 or limited eligibility child in family engagement activities and
482	482	26 submit records as required by the office.
483	483	27 (16) Promote an eligible or limited eligibility child's social,
484	484	28 emotional, and behavioral health and eliminate or severely limit
485	485	29 the use of expulsion, suspension, and other exclusionary
486	486	30 discipline practices.
487	487	31 (17) Use the exclusionary discipline practices described in
488	488	32 subdivision (16) only as a last resort in extraordinary
489	489	33 circumstances when there is a determination of a serious safety
490	490	34 threat that cannot otherwise be reduced or eliminated by the
491	491	35 provision of reasonable modifications.
492	492	36 (18) Inform and receive approval from the office before the
493	493	37 eligible provider expels, suspends, or uses other exclusionary
494	494	38 discipline practices.
495	495	39 (19) Assist a parent or guardian, upon request by the parent or
496	496	40 guardian, in obtaining information from, referral to, or both
497	497	41 information from and referral to, the public school that serves the
498	498	42 attendance area in which the parent or guardian resides for an
499	499	2023 IN 471—LS 6827/DI 116 12
500	500	1 educational evaluation and determination of eligibility for special
501	501	2 education services if developmental delays or reasons to suspect
502	502	3 a disability are observed by the parent, guardian, or teacher of an
503	503	4 eligible or limited eligibility child during the prekindergarten
504	504	5 program year.
505	505	6 SECTION 15. IC 12-17.2-7.2-7.4, AS AMENDED BY
506	506	7 P.L.268-2019, SECTION 11, IS AMENDED TO READ AS
507	507	8 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.4. (a) To qualify as
508	508	9 a potential eligible provider or existing eligible provider, an applicant
509	509	10 must:
510	510	11 (1) provide an expansion plan to the office that details the
511	511	12 potential eligible provider's or existing eligible provider's plan to:
512	512	13 (A) increase the capacity of providers of qualified early
513	513	14 education services to serve a greater number of eligible or
514	514	15 limited eligibility children;
515	515	16 (B) increase the number of providers of qualified early
516	516	17 education services; or
517	517	18 (C) increase the capacity as described in clause (A) and
518	518	19 increase the number as described in clause (B);
519	519	20 (2) comply with the agreement with the office concerning the plan
520	520	21 under subdivision (1) and the use of a grant awarded under this
521	521	22 chapter;
522	522	23 (3) agree:
523	523	24 (A) to operate as an eligible provider; or
524	524	25 (B) that the applicant intends to operate as an eligible
525	525	26 provider;
526	526	27 (4) agree that the applicant will not use any grant funds awarded
527	527	28 under this section for capital expenditures; and
528	528	29 (5) comply with any other standards and procedures established
529	529	30 under this chapter.
530	530	31 (b) Subject to subsections (c) and (d), the office may award a grant
531	531	32 to an applicant that meets the requirements of subsection (a).
532	532	33 (c) The office may not use more than a total of twenty percent (20%)
533	533	34 of the money in the pilot fund each state fiscal year:
534	534	35 (1) for grants awarded under this chapter to potential eligible
535	535	36 providers and existing eligible providers for expansion plans; and
536	536	37 (2) to meet any state match amounts required for a federal grant
537	537	38 described in subsection (f).
538	538	39 (d) The office may not award grant funds under this section to an
539	539	40 applicant for any of the following:
540	540	41 (1) The purchase of land or a building.
541	541	42 (2) The construction or expansion of a building.
542	542	2023 IN 471—LS 6827/DI 116 13
543	543	1 (e) If a potential eligible provider or existing eligible provider fails
544	544	2 to:
545	545	3 (1) use the grant funds in accordance with the expansion plan
546	546	4 described in subsection (a); or
547	547	5 (2) comply with the agreement entered into with the office under
548	548	6 subsection (a);
549	549	7 the potential eligible provider or existing eligible provider shall repay
550	550	8 to the office the total amount of the grant awarded to the potential
551	551	9 eligible provider or existing eligible provider under this chapter.
552	552	10 (f) The office may use money in the pilot fund that is allocated for
553	553	11 expansion plans under this section for a state fiscal year to meet any
554	554	12 state match amounts required for a federal grant if the purpose of the
555	555	13 federal grant is that the grant money be used for increasing:
556	556	14 (1) the capacity;
557	557	15 (2) the number; or
558	558	16 (3) both the capacity and number;
559	559	17 of providers of early education services for children four (4) years of
560	560	18 age.
561	561	19 SECTION 16. IC 12-17.2-7.2-7.5, AS AMENDED BY
562	562	20 P.L.184-2017, SECTION 24, IS AMENDED TO READ AS
563	563	21 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.5. The office may
564	564	22 adopt rules under IC 4-22-2 concerning the implementation and the
565	565	23 administration of the prekindergarten pilot program.
566	566	24 SECTION 17. IC 12-17.2-7.2-7.8, AS AMENDED BY
567	567	25 P.L.268-2019, SECTION 12, IS AMENDED TO READ AS
568	568	26 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7.8. (a) The office shall
569	569	27 make random onsite inspections each year, as determined necessary by
570	570	28 the office, at the facility of:
571	571	29 (1) an eligible provider; or
572	572	30 (2) a potential eligible provider or existing eligible provider;
573	573	31 that receives a grant under this chapter.
574	574	32 (b) The office may determine that an eligible provider or potential
575	575	33 eligible provider or existing eligible provider is not eligible to receive
576	576	34 a grant under the prekindergarten pilot program if the eligible provider
577	577	35 or potential eligible provider or existing eligible provider:
578	578	36 (1) fails to comply with this chapter; or
579	579	37 (2) refuses to allow, during normal business hours, the office or
580	580	38 an agent of the office to inspect the facility at which the eligible
581	581	39 provider or potential eligible provider or existing eligible provider
582	582	40 operates a child care program for eligible or limited eligibility
583	583	41 children.
584	584	42 SECTION 18. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019,
585	585	2023 IN 471—LS 6827/DI 116 14
586	586	1 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
587	587	2 JULY 1, 2023]: Sec. 8. (a) The office shall determine:
588	588	3 (1) which applicants shall be awarded a grant; and
589	589	4 (2) subject to subsection (b) and to the availability of funding, the
590	590	5 amount of each grant.
591	591	6 (b) At least five percent (5%) but not more than fifty percent (50%)
592	592	7 of the:
593	593	8 (1) tuition for eligible or limited eligibility children under the
594	594	9 prekindergarten pilot program; or
595	595	10 (2) expansion plan described in section 7.4(a) of this chapter;
596	596	11 during the state fiscal year must be paid from donations, gifts, grants,
597	597	12 bequests, and other funds received from a private entity or person, from
598	598	13 the United States government, or from other sources (excluding funds
599	599	14 from a grant provided under this chapter and excluding other state
600	600	15 funding). The office may receive and administer grants on behalf of the
601	601	16 prekindergarten pilot program. The grants shall be distributed by the
602	602	17 office to fulfill the requirements of this subsection.
603	603	18 (c) The amount of a grant made under the pilot program to an
604	604	19 eligible or limited eligibility child:
605	605	20 (1) who attends a prekindergarten program full time must equal
606	606	21 at least two thousand five hundred dollars ($2,500) during the
607	607	22 state fiscal year; and
608	608	23 (2) may not exceed six thousand eight hundred dollars ($6,800)
609	609	24 from state money provided under this chapter during the state
610	610	25 fiscal year.
611	611	26 SECTION 19. IC 12-17.2-7.2-8.1, AS AMENDED BY
612	612	27 P.L.216-2021, SECTION 5, IS AMENDED TO READ AS FOLLOWS
613	613	28 [EFFECTIVE JULY 1, 2023]: Sec. 8.1. (a) If funds are appropriated by
614	614	29 the general assembly, grants to limited eligibility children may not
615	615	30 exceed:
616	616	31 (1) twenty percent (20%) of the amount appropriated for a
617	617	32 particular state fiscal year if families with children four (4) years
618	618	33 of age are on the waiting list for funds available under the Child
619	619	34 Care Development Fund; or
620	620	35 (2) forty percent (40%) of the amount appropriated for a
621	621	36 particular state fiscal year if there is no waiting list for children
622	622	37 four (4) years of age for funds available under the Child Care
623	623	38 Development Fund.
624	624	39 (b) During the priority enrollment period, the office shall provide
625	625	40 grants to eligible children in the prekindergarten pilot program on a
626	626	41 first-come, first-served basis. The office shall date stamp and reserve
627	627	42 applications for limited eligibility children received during the priority
628	628	2023 IN 471—LS 6827/DI 116 15
629	629	1 enrollment period for processing during the extended enrollment
630	630	2 period.
631	631	3 (c) During the extended enrollment period, the office shall provide
632	632	4 grants to eligible children and limited eligibility children in the
633	633	5 prekindergarten pilot program on a first-come, first-served basis to the
634	634	6 extent of available funding and in accordance with the limit established
635	635	7 by subsection (a).
636	636	8 SECTION 20. IC 12-17.2-7.2-11, AS AMENDED BY
637	637	9 P.L.165-2021, SECTION 142, IS AMENDED TO READ AS
638	638	10 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. Except as provided
639	639	11 under IC 20-51-1-4.3(4)(E), the receipt of a grant under the pilot
640	640	12 program does not qualify, nor have an effect on the qualification or
641	641	13 eligibility, of a child for a choice scholarship under IC 20-51-4.
642	642	14 SECTION 21. IC 12-17.2-7.2-12, AS AMENDED BY
643	643	15 P.L.184-2017, SECTION 29, IS AMENDED TO READ AS
644	644	16 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) The office shall
645	645	17 carry out a longitudinal study of students who participate in the
646	646	18 prekindergarten pilot program to determine the achievement levels of
647	647	19 those students in kindergarten and later grades.
648	648	20 (b) The longitudinal study must include a comparison of test and
649	649	21 assessment results in grade 3 of:
650	650	22 (1) the eligible children who participated in the prekindergarten
651	651	23 pilot program; and
652	652	24 (2) a control group determined by the office that consists of
653	653	25 children who did not participate in the prekindergarten pilot
654	654	26 program.
655	655	27 (c) The office may, after consulting with the state board of
656	656	28 education, enter into a contract with one (1) or more persons to carry
657	657	29 out the longitudinal study under this section. The office may expend
658	658	30 not more than one million dollars ($1,000,000) from the funds
659	659	31 appropriated under section 9 of this chapter (repealed) to carry out the
660	660	32 longitudinal study.
661	661	33 SECTION 22. IC 12-17.2-7.2-13, AS AMENDED BY
662	662	34 P.L.268-2019, SECTION 15, IS AMENDED TO READ AS
663	663	35 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13. (a) The office shall,
664	664	36 before November 1 of each year, submit a report to the governor, the
665	665	37 budget committee, the state board of education, the department of
666	666	38 education, and, in an electronic format under IC 5-14-6, the general
667	667	39 assembly regarding the prekindergarten pilot program.
668	668	40 (b) The report under subsection (a) must include the following:
669	669	41 (1) The total number of children who received a grant under the
670	670	42 prekindergarten pilot program for the immediately preceding state
671	671	2023 IN 471—LS 6827/DI 116 16
672	672	1 fiscal year, disaggregated by county.
673	673	2 (2) The total amount of funds budgeted for and spent under the
674	674	3 prekindergarten pilot program during the immediately preceding
675	675	4 state fiscal year.
676	676	5 (3) The balance remaining in the pilot fund at the end of the
677	677	6 immediately preceding state fiscal year.
678	678	7 SECTION 23. IC 12-17.2-7.2-13.1, AS ADDED BY P.L.268-2019,
679	679	8 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
680	680	9 JULY 1, 2023]: Sec. 13.1. The office shall post monthly on the office's
681	681	10 Internet web site website the total enrollment of and number of grants
682	682	11 awarded to
683	683	12 (1) all eligible children (before January 1, 2020); and
684	684	13 (2) after December 31, 2019, both:
685	685	14 (A) all eligible children; and
686	686	15 (B) all limited eligibility children;
687	687	16 for each county that participates in the prekindergarten pilot program.
688	688	17 SECTION 24. IC 12-17.2-7.2-13.5, AS AMENDED BY
689	689	18 P.L.156-2020, SECTION 60, IS AMENDED TO READ AS
690	690	19 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) The
691	691	20 prekindergarten pilot program fund is established to:
692	692	21 (1) provide grants to eligible or limited eligibility children for
693	693	22 qualified early education services under this chapter;
694	694	23 (2) carry out the longitudinal study described in section 12 of this
695	695	24 chapter;
696	696	25 (3) provide grants to potential eligible providers and existing
697	697	26 eligible providers as set forth in section 7.4 of this chapter; and
698	698	27 (4) make payments to reimburse costs incurred to provide
699	699	28 in-home early education services under IC 12-17.2-7.5.
700	700	29 (b) The fund consists of:
701	701	30 (1) money appropriated to the fund by the general assembly; and
702	702	31 (2) grants or gifts to the fund.
703	703	32 (c) The fund shall be administered by the office.
704	704	33 (d) The expenses of administering the fund shall be paid from
705	705	34 money in the fund.
706	706	35 (e) Money in the fund is continuously appropriated for the purposes
707	707	36 provided under this article.
708	708	37 (f) The treasurer of state shall invest the money in the fund not
709	709	38 currently needed to meet the obligations of the fund in the same
710	710	39 manner as other public funds may be invested.
711	711	40 SECTION 25. IC 12-17.2-7.2-14 IS REPEALED [EFFECTIVE
712	712	41 JULY 1, 2023]. Sec. 14. This chapter expires July 1, 2026.
713	713	42 SECTION 26. IC 20-19-3-17, AS ADDED BY P.L.186-2018,
714	714	2023 IN 471—LS 6827/DI 116 17
715	715	1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
716	716	2 JULY 1, 2023]: Sec. 17. (a) As used in this section, "foster care" has
717	717	3 the meaning set forth in IC 31-9-2-46.7.
718	718	4 (b) As used in this section, "foster care youth" means students in
719	719	5 foster care.
720	720	6 (c) As used in this section, "graduation rate" has the meaning set
721	721	7 forth in IC 20-26-13-6.
722	722	8 (d) The state board shall, in collaboration with the department and
723	723	9 the department of child services, annually prepare a report on foster
724	724	10 care youth educational outcomes that includes the following:
725	725	11 (1) The annual graduation rate of foster care youth, including the
726	726	12 following information:
727	727	13 (A) The graduation rate for each of the following:
728	728	14 (i) Foster care youth who received a graduation waiver
729	729	15 under IC 20-32-4-4.
730	730	16 (ii) Foster care youth who did not receive a graduation
731	731	17 waiver under IC 20-32-4-4.
732	732	18 (B) The number and percentage of foster care youth who
733	733	19 received each type of diploma.
734	734	20 (2) The adjusted cohort graduation rate for foster care youth,
735	735	21 including the adjusted cohort graduation rate for each of the
736	736	22 following:
737	737	23 (A) Foster care youth who received a graduation waiver under
738	738	24 IC 20-32-4-4.
739	739	25 (B) Foster care youth who did not receive a graduation waiver
740	740	26 under IC 20-32-4-4.
741	741	27 (3) The number and percentage for each of the following:
742	742	28 (A) Foster care youth who were promoted to the next grade
743	743	29 level at the end of the school year.
744	744	30 (B) Foster care youth who were retained in the same grade
745	745	31 level for the next school year.
746	746	32 (C) Foster care youth who were suspended during the school
747	747	33 year.
748	748	34 (D) Foster care youth who were expelled during the school
749	749	35 year.
750	750	36 (E) Foster care youth who met academic standards on
751	751	37 statewide assessment program tests (as defined in
752	752	38 IC 20-32-2-2.3) administered during the school year.
753	753	39 The information reported under this subdivision must also be
754	754	40 disaggregated by race, grade, gender, free or reduced price lunch
755	755	41 status, and eligibility for special education.
756	756	42 (4) The number and percentage of eligible foster care youth who
757	757	2023 IN 471—LS 6827/DI 116 18
758	758	1 are enrolled in the prekindergarten pilot program under
759	759	2 IC 12-17.2-7.2.
760	760	3 (5) The number and percentage of foster care youth who passed
761	761	4 the reading skills evaluation administered under IC 20-32-8.5-2.
762	762	5 (6) The number and percentage of foster care youth enrolled in
763	763	6 schools, disaggregated by the category or designation of the
764	764	7 school under IC 20-31-8-3.
765	765	8 (7) The number and percentage of foster care youth enrolled in
766	766	9 schools, disaggregated by the type of school, including public
767	767	10 schools, charter schools, and secure private facilities (as defined
768	768	11 in IC 31-9-2-115).
769	769	12 (e) Not later than June 30, 2019, the department shall:
770	770	13 (1) after consulting with the department of child services, develop
771	771	14 a remediation plan concerning foster care youth; and
772	772	15 (2) submit a copy of the remediation plan to the following:
773	773	16 (A) The state board.
774	774	17 (B) The department of child services.
775	775	18 (C) The legislative council in an electronic format under
776	776	19 IC 5-14-6.
777	777	20 (f) Before April 1, 2019, and before April 1 each year thereafter, the
778	778	21 department shall submit the report described in subsection (d) to the
779	779	22 following:
780	780	23 (1) Department of child services.
781	781	24 (2) Legislative council in an electronic format under IC 5-14-6.
782	782	25 SECTION 27. IC 20-19-3-18, AS ADDED BY P.L.186-2018,
783	783	26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
784	784	27 JULY 1, 2023]: Sec. 18. (a) As used in this section, "graduation rate"
785	785	28 has the meaning set forth in IC 20-26-13-6.
786	786	29 (b) The state board shall, in collaboration with the department and
787	787	30 the department of child services, annually prepare a report on homeless
788	788	31 youth educational outcomes that includes the following:
789	789	32 (1) The annual graduation rate of homeless youth, including the
790	790	33 following information:
791	791	34 (A) The graduation rate for each of the following:
792	792	35 (i) Homeless youth who received a graduation waiver under
793	793	36 IC 20-32-4-4.
794	794	37 (ii) Homeless youth who did not receive a graduation waiver
795	795	38 under IC 20-32-4-4.
796	796	39 (B) The number and percentage of homeless youth who
797	797	40 received each type of diploma.
798	798	41 (2) The adjusted cohort graduation rate for homeless youth,
799	799	42 including the adjusted cohort graduation rate for each of the
800	800	2023 IN 471—LS 6827/DI 116 19
801	801	1 following:
802	802	2 (A) Homeless youth who received a graduation waiver under
803	803	3 IC 20-32-4-4.
804	804	4 (B) Homeless youth who did not receive a graduation waiver
805	805	5 under IC 20-32-4-4.
806	806	6 (3) The number and percentage of each of the following:
807	807	7 (A) Homeless youth who were promoted to the next grade
808	808	8 level at the end of the school year.
809	809	9 (B) Homeless youth who were retained in the same grade level
810	810	10 for the next school year.
811	811	11 (C) Homeless youth who were suspended during the school
812	812	12 year.
813	813	13 (D) Homeless youth who were expelled during the school year.
814	814	14 (E) Homeless youth who met academic standards on statewide
815	815	15 assessment program tests (as defined in IC 20-32-2-2.3)
816	816	16 administered during the school year.
817	817	17 The information reported under this subdivision must also be
818	818	18 disaggregated by race, grade, gender, free or reduced price lunch
819	819	19 status, and eligibility for special education.
820	820	20 (4) The number and percentage of eligible homeless youth who
821	821	21 are enrolled in the prekindergarten pilot program under
822	822	22 IC 12-17.2-7.2.
823	823	23 (5) The number and percentage of homeless youth who passed the
824	824	24 reading skills evaluation administered under IC 20-32-8.5-2.
825	825	25 (6) The number and percentage of homeless youth enrolled in
826	826	26 schools, disaggregated by the category or designation of the
827	827	27 school under IC 20-31-8-3.
828	828	28 (7) The number and percentage of homeless youth enrolled in
829	829	29 schools, disaggregated by the type of school, including public
830	830	30 schools, charter schools, and secure private facilities (as defined
831	831	31 in IC 31-9-2-115).
832	832	32 (c) Not later than August 31, 2019, the department shall:
833	833	33 (1) develop a remediation plan concerning homeless youth; and
834	834	34 (2) submit a copy of the remediation plan to the following:
835	835	35 (A) The state board.
836	836	36 (B) The Indiana housing and community development
837	837	37 authority established by IC 5-20-1-3.
838	838	38 (C) The legislative council in an electronic format under
839	839	39 IC 5-14-6.
840	840	40 (d) Before June 1, 2019, and before June 1 each year thereafter, the
841	841	41 department shall submit the report described in subsection (b) to the
842	842	42 following:
843	843	2023 IN 471—LS 6827/DI 116 20
844	844	1 (1) The Indiana housing and community development authority.
845	845	2 (2) The legislative council in an electronic format under
846	846	3 IC 5-14-6.
847	847	4 SECTION 28. IC 20-20-47 IS ADDED TO THE INDIANA CODE
848	848	5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
849	849	6 JULY 1, 2023]:
850	850	7 Chapter 47. Prekindergarten Capacity Expansion Grant
851	851	8 Program and Fund
852	852	9 Sec. 1. As used in this chapter, "fund" refers to the
853	853	10 prekindergarten capacity expansion grant fund established by
854	854	11 section 3 of this chapter.
855	855	12 Sec. 2. As used in this chapter, "program" refers to the
856	856	13 prekindergarten capacity expansion grant program established by
857	857	14 section 4 of this chapter.
858	858	15 Sec. 3. (a) The prekindergarten capacity expansion grant fund
859	859	16 is established for the purpose of providing grants under section 4
860	860	17 of this chapter. Administrative expenses necessary to carry out this
861	861	18 chapter are also payable from the fund.
862	862	19 (b) The fund consists of:
863	863	20 (1) grants, gifts, and donations intended for deposit in the
864	864	21 fund;
865	865	22 (2) appropriations to the fund from other sources; and
866	866	23 (3) interest that accrues from money in the fund.
867	867	24 (c) The fund shall be administered by the department. The
868	868	25 treasurer of state shall invest the money in the fund not currently
869	869	26 needed to meet the obligations of the fund in the same manner as
870	870	27 public money is invested. Money in the fund at the end of a state
871	871	28 fiscal year does not revert to the state general fund.
872	872	29 Sec. 4. (a) The prekindergarten capacity expansion grant
873	873	30 program is established to provide grants to school corporations in
874	874	31 accordance with section 5 of this chapter.
875	875	32 (b) The program is administered by the department.
876	876	33 (c) The department shall determine the manner in which an
877	877	34 applicant may submit an application under section 5 of this
878	878	35 chapter.
879	879	36 Sec. 5. (a) A school corporation may submit an application to
880	880	37 the department to obtain a grant under this chapter to be used
881	881	38 solely for the purpose of establishing a prekindergarten program
882	882	39 or expanding the school corporation's current capacity to provide
883	883	40 prekindergarten education.
884	884	41 (b) The application must include:
885	885	42 (1) a detailed description of how the grant will be used;
886	886	2023 IN 471—LS 6827/DI 116 21
887	887	1 (2) a projection of the number of prekindergarten students
888	888	2 that will participate in the prekindergarten education
889	889	3 program;
890	890	4 (3) a description of the school corporation's existing capacity
891	891	5 to provide prekindergarten education; and
892	892	6 (4) any information the department determines is necessary
893	893	7 to carry out this chapter.
894	894	8 (c) Upon receipt of an application under this chapter, the
895	895	9 department shall review the application. The department may
896	896	10 require a school corporation to modify its application. If the
897	897	11 department determines that the school corporation has
898	898	12 demonstrated that the grant will be used to establish a
899	899	13 prekindergarten program within the school corporation or expand
900	900	14 the capacity of an existing prekindergarten program, the
901	901	15 department may award a grant under this chapter. The
902	902	16 department may provide priority to school corporations that
903	903	17 demonstrate that the grant will be matched by another entity.
904	904	18 SECTION 29. IC 20-33-2-6, AS AMENDED BY P.L.242-2005,
905	905	19 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
906	906	20 JULY 1, 2023]: Sec. 6. A student is bound by the requirements of this
907	907	21 chapter:
908	908	22 (1) from the earlier of the date on which the student officially
909	909	23 enrolls in a school or, except as provided in section 8 of this
910	910	24 chapter, the beginning of the fall school term for the school year
911	911	25 in which the student becomes seven (7) is:
912	912	26 (A) for the 2023-2024 school year, six (6) years of age;
913	913	27 (B) for the 2024-2025 school year, five (5) years of age; and
914	914	28 (C) for the 2025-2026 school year and each school year
915	915	29 thereafter, four (4) years of age;
916	916	30 on August 1 of that school year; and
917	917	31 (2) until the date on which the student:
918	918	32 (1) (A) graduates;
919	919	33 (2) (B) becomes eighteen (18) years of age; or
920	920	34 (3) (C) becomes sixteen (16) years of age but is less than
921	921	35 eighteen (18) years of age and the requirements under section
922	922	36 9 of this chapter concerning an exit interview are met enabling
923	923	37 the student to withdraw from school before graduation;
924	924	38 whichever occurs first.
925	925	39 SECTION 30. IC 20-33-2-8, AS ADDED BY P.L.1-2005,
926	926	40 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
927	927	41 JULY 1, 2023]: Sec. 8. A student is not bound by the requirements of
928	928	42 this chapter until the student becomes seven (7) years of the age
929	929	2023 IN 471—LS 6827/DI 116 22
930	930	1 specified in section 6(1) of this chapter if, upon request of the
931	931	2 superintendent of the school corporation, the parent of a student who
932	932	3 would otherwise be subject to compulsory school attendance under
933	933	4 section 6 of this chapter certifies to the superintendent that the parent
934	934	5 intends to:
935	935	6 (1) enroll the student in a nonaccredited, nonpublic school; or
936	936	7 (2) begin providing the student with instruction equivalent to that
937	937	8 given in the public schools as permitted under section 28 of this
938	938	9 chapter;
939	939	10 not later than the date on which the student becomes seven (7) years of
940	940	11 age. August 1 of the school year if the student is the age specified in
941	941	12 section 6(1) of this chapter on August 1 of the school year.
942	942	13 SECTION 31. IC 20-33-2-9, AS AMENDED BY P.L.233-2015,
943	943	14 SECTION 247, IS AMENDED TO READ AS FOLLOWS
944	944	15 [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) The governing body of each
945	945	16 school corporation shall designate the appropriate individuals to attend
946	946	17 the exit interviews for students described in section 6(3) 6(2)(C) of this
947	947	18 chapter.
948	948	19 (b) A student who is at least sixteen (16) years of age but less than
949	949	20 eighteen (18) years of age is bound by the requirements of compulsory
950	950	21 school attendance and may not withdraw from school before graduation
951	951	22 unless:
952	952	23 (1) the student, the student's parent, and the principal agree to the
953	953	24 withdrawal;
954	954	25 (2) the student provides written acknowledgment of the
955	955	26 withdrawal that meets the requirements of subsection (c) and the:
956	956	27 (A) student's parent; and
957	957	28 (B) school principal;
958	958	29 each provide written consent for the student to withdraw from
959	959	30 school; and
960	960	31 (3) the withdrawal is due to:
961	961	32 (A) financial hardship and the individual must be employed to
962	962	33 support the individual's family or a dependent;
963	963	34 (B) illness; or
964	964	35 (C) an order by a court that has jurisdiction over the student.
965	965	36 (c) A written acknowledgment of withdrawal under subsection (b)
966	966	37 must include a statement that the student and the student's parent
967	967	38 understand that withdrawing from school is likely to:
968	968	39 (1) reduce the student's future earnings; and
969	969	40 (2) increase the student's likelihood of being unemployed in the
970	970	41 future.
971	971	42 SECTION 32. [EFFECTIVE JULY 1, 2023] (a) There is
972	972	2023 IN 471—LS 6827/DI 116 23
973	973	1 appropriated to the prekindergarten capacity expansion grant
974	974	2 fund established by IC 20-20-47-3, as added by this act:
975	975	3 (1) for the state fiscal year beginning after June 30, 2023, and
976	976	4 ending before July 1, 2024, fifty million dollars ($50,000,000);
977	977	5 and
978	978	6 (2) for the state fiscal year beginning after June 30, 2024, and
979	979	7 ending before July 1, 2025, one hundred million dollars
980	980	8 ($100,000,000);
981	981	9 from the state general fund or any available unencumbered federal
982	982	10 funds received by the state for use by the department of education
983	983	11 for its use in carrying out the purpose of the prekindergarten
984	984	12 capacity expansion grant fund. In addition, philanthropic grants or
985	985	13 donations may be used to offset the amounts appropriated under
986	986	14 this subsection.
987	987	15 (b) This SECTION expires July 1, 2025.
988	988	16 SECTION 33. [EFFECTIVE JULY 1, 2023] (a) As used in this
989	989	17 SECTION, "office of the secretary" refers to the office of the
990	990	18 secretary of family and social services established by IC 12-8-1.5-1,
991	991	19 its offices, or divisions.
992	992	20 (b) There is appropriated to the office of the secretary:
993	993	21 (1) for the state fiscal year beginning after June 30, 2023, and
994	994	22 ending before July 1, 2024, fifty million dollars ($50,000,000);
995	995	23 and
996	996	24 (2) for the state fiscal year beginning after June 30, 2024, and
997	997	25 ending before July 1, 2025, seventy-five million dollars
998	998	26 ($75,000,000);
999	999	27 from the state general fund or any available unencumbered federal
1000	1000	28 funds received by the state for use by the office of the secretary to
1001	1001	29 provide Build, Learn, Grow grants described in subsection (c). In
1002	1002	30 addition, philanthropic grants or donations may be used to offset
1003	1003	31 the amounts appropriated under this subsection.
1004	1004	32 (c) Money appropriated to the office of the secretary to provide
1005	1005	33 Build, Learn, Grow grants must be awarded to increase the
1006	1006	34 capacity of child care providers that:
1007	1007	35 (1) meet the standards of quality recognized by a Level 3 or
1008	1008	36 Level 4 Paths to QUALITY program rating; and
1009	1009	37 (2) are a:
1010	1010	38 (A) school corporation;
1011	1011	39 (B) school that is accredited by the Indiana state board of
1012	1012	40 education or a national or regional accreditation agency
1013	1013	41 that is recognized by the Indiana state board of education;
1014	1014	42 or
1015	1015	2023 IN 471—LS 6827/DI 116 24
1016	1016	1 (C) nonprofit:
1017	1017	2 (i) child care center licensed under IC 12-17.2-4;
1018	1018	3 (ii) child care home licensed under IC 12-17.2-5; or
1019	1019	4 (iii) child care ministry registered under IC 12-17.2-6.
1020	1020	5 (d) This SECTION expires July 1, 2025.
1021	1021	2023 IN 471—LS 6827/DI 116