Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1001
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-30-5-24, AS ADDED BY P.L.202-2023,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 24. (a) Beginning July 1, 2024, each school
corporation, charter school, and state accredited nonpublic school shall
include in its curriculum instruction for all students concerning career
awareness.
(b) Not later than December 31, 2023, the state board, in
cooperation with the commission for higher education, must create
career planning and coaching standards for the course described in
subsection (a). The state board, in cooperation with the commission for
higher education, shall create criteria for a career awareness course that
includes instruction on:
(1) career awareness regarding a broad range of occupations with
an emphasis on high wage, high demand industry sectors;
(2) career pathways concerning current and emerging sectors
including relevant education and training;
(3) career scholarship accounts and the availability of state
financial aid and funding; and
(4) individualized career planning for each student.
(c) The department, in cooperation with the commission for higher
education, shall develop a series of on-demand, online learning
modules that may be integrated into the course described in subsection
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(a). The modules must include content on:
(1) Indiana's priority job sectors and their career pathways,
funding options, and career planning; and
(2) the availability of career navigation resources from
intermediaries and in-school sources.
(d) Beginning in 2030, for each school described in subsection (a),
instruction on career awareness must be taught in completed by the
end of grade 9.
SECTION 2. IC 20-51.4-2-3.8, AS ADDED BY P.L.202-2023,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3.8. "CSA qualified expenses" means expenses to
enroll in and attend sequences, courses, apprenticeships, or programs
of study designated and approved under IC 20-51.4-4.5-6, including
the following:
(1) Career coaching and navigation services.
(2) Postsecondary education and training.
(3) Subject to IC 20-51.4-4.5-6.5, transportation, and equipment,
and costs related to obtaining a driver's license.
(4) Certification and credentialing examinations. and
(5) Any other expenses approved by the treasurer of the state
under IC 20-51.4-4.5.
SECTION 3. IC 20-51.4-2-4, AS ADDED BY P.L.165-2021,
SECTION 180, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. "Eligible student" refers to an
individual who:
(1) has legal settlement in Indiana;
(2) is at least five (5) years of age and less than twenty-two (22)
years of age on the date in the school year specified in
IC 20-33-2-7;
(3) is a student:
(A) with a disability at the time the account is established who
requires special education and for whom:
(A) (i) an individualized education program;
(B) (ii) a service plan developed under 511 IAC 7-34; or
(C) (iii) a choice special education plan developed under
511 IAC 7-49;
has been developed; and or
(B) who is a sibling of a student described in clause (A)
who has had an ESA account established in the student's
name under IC 20-51.4-4-1; and
(4) meets the annual income qualification requirement for a
choice scholarship student under IC 20-51-1.
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SECTION 4. IC 20-51.4-2-9, AS AMENDED BY P.L.202-2023,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. (a) "ESA qualified expenses" refers to the
following expenses provided by an ESA participating entity related to
the education of an eligible student for which scholarship money in an
ESA account may be used:
(1) Tuition and fees, which includes curricular materials, at a
qualified school, public school, or other ESA participating entity.
(2) Fees for:
(A) national norm referenced or criterion referenced
examinations;
(B) advanced placement examinations, Cambridge
International courses, International Baccalaureate courses, or
College-Level Examination Program (CLEP) examinations; or
(C) statewide assessments associated with industry recognized
credentials.
(3) Educational services for an eligible student who is a student
with a disability.
(4) Payments associated with the use of paraprofessional or
educational aides.
(5) Services contracted for and provided by a school corporation,
charter school, magnet school, or qualified school, including:
(A) individual classes;
(B) extracurricular activities or programs; or
(C) additional programs, resources, or staffing defined in the
student's education plan.
(6) Occupational therapy for a student with a disability, provided
in accordance with the eligible student's individualized education
program developed under IC 20-35 or service plan developed
under 511 IAC 7-34.
(7) Subject to IC 20-51.4-4-7, fees for transportation paid to a
fee-for-service transportation provider for the eligible student to
travel to and from an approved special education service provider.
(8) Tuition and fees to attend training programs and camps that
have a focus on:
(A) vocational skills;
(B) academic skills;
(C) life skills;
(D) independence; or
(E) soft job skills that are character traits and interpersonal
skills that characterize a person's relationships with other
people.
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(9) Additional services and therapies prescribed by the eligible
student's treating physician in accordance with generally accepted
standards of care to improve outcomes for the student in addition
to any services currently being provided by the school, insurance,
or the Medicaid program.
(10) Fees for the management of the ESA account, as described
in IC 20-51.4-3-2(d).
(11) Expenses to enroll in and attend sequences, courses,
apprenticeships, and programs of study designated and approved
under IC 20-51.4-4.5-6 if the eligible student has enrolled in the
CSA program.
(b) This subsection does not apply to subsection (a)(3), (a)(6),
(a)(7), or (a)(8). The term includes only services that are provided in
person. The term does not include any virtual or distance learning
services.
SECTION 5. IC 20-51.4-4-1, AS AMENDED BY P.L.201-2023,
SECTION 220, AND AS AMENDED BY P.L.202-2023, SECTION
49, AND AS AMENDED BY THE TECHNICAL CORRECTIONS
BILL OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
Sec. 1. (a) After June 30, 2022, a parent of an eligible student or an
emancipated eligible student may establish an Indiana education
scholarship account for the eligible student by entering into a written
agreement with the treasurer of state on a form prepared by the
treasurer of state. The treasurer of state shall establish a date by which
an application to establish an ESA account for the upcoming school
year must be submitted. However, for a school year beginning after
July 1, 2022, applications must be submitted for an eligible student not
later than September 1 for the immediately following school year. The
ESA account of an eligible student shall be made in the name of the
eligible student. The treasurer of state shall make the agreement
available on the Internet web site website of the treasurer of state. To
be eligible, a parent of an eligible student or an emancipated eligible
student wishing to participate in the ESA program must agree that:
(1) subject to subsection (i), a grant deposited in the eligible
student's ESA account under section 2 of this chapter and any
interest that may accrue in the ESA account will be used only for
the eligible student's ESA qualified expenses;
(2) if the eligible student participates in the CSA program, a
grant deposited in the eligible student's ESA account under
IC 20-51.4-4.5-3 and any interest that may accrue in the ESA
account will be used only for the eligible student's ESA qualified
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expenses;
(2) (3) money in the ESA account when the ESA account is
terminated reverts to the state general fund;
(3) (4) the parent of the eligible student or the emancipated
eligible student will use part of the money in the ESA account:
(A) for the eligible student's study in the subject of reading,
grammar, mathematics, social studies, or science; or
(B) for use in accordance with the eligible student's:
(i) individualized education program;
(ii) service plan developed under 511 IAC 7-34;
(iii) choice special education plan developed under 511
IAC 7-49; or
(iv) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794;
(4) (5) the eligible student will not be enrolled in a school that
receives tuition support under IC 20-43; and
(5) (6) the eligible student will take the statewide assessment, as
applicable based on the eligible student's grade level, as provided
under IC 20-32-5.1, or the assessment specified in the eligible
student's:
(A) individualized education program developed under
IC 20-35;
(B) service plan developed under 511 IAC 7-34;
(C) choice special education plan developed under 511
IAC 7-49; or
(D) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.
(b) A parent of an eligible student may enter into a separate
agreement under subsection (a) for each child of the parent. However,
not more than one (1) ESA account may be established for each eligible
student.
(c) The ESA account must be established under subsection (a) by a
parent of an eligible student or an emancipated eligible student for a
school year on or before a date established by the treasurer of state,
which must be at least thirty (30) days before the fall ADM count date
established by the state board fall count day of ADM established under
IC 20-43-4-3. A parent of an eligible student or an emancipated eligible
student may not enter into an agreement under this section or maintain
an ESA account under this chapter if the eligible student receives a
choice scholarship under IC 20-51-4 for the same school year. An
eligible student may not receive a grant under section 2 of this chapter
if the eligible student is currently included in a school corporation's
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ADM count under IC 20-43-4.
(d) Except as provided in subsections (e) and (f), an agreement
made under this section is valid for one (1) school year while the
eligible student is in kindergarten through grade 12 and may be
renewed annually. Upon graduation, or receipt of a certificate of
completion under the eligible student's individualized education
program, the eligible student's ESA account is terminated.
(e) An agreement entered into under this section terminates
automatically for an eligible student if:
(1) the eligible student no longer resides in Indiana while the
eligible student is eligible to receive grants under section 2 of this
chapter; or
(2) the ESA account is not renewed within three hundred
ninety-five (395) days after the date the ESA account was either
established or last renewed.
If an ESA account is terminated under this section, money in the
eligible student's ESA account, including any interest accrued, reverts
to the state general fund.
(f) An agreement made under this section for an eligible student
while the eligible student is in kindergarten through grade 12 may be
terminated before the end of the school year if the parent of the eligible
student or the emancipated eligible student notifies the treasurer of
state in a manner specified by the treasurer of state.
(g) A distribution made to an ESA account under section 2 of this
chapter is considered tax exempt as long as the distribution is used for
a an ESA qualified expense. The amount is subtracted from the
definition of adjusted federal gross income under IC 6-3-1-3.5 to the
extent the distribution used for the ESA qualified expense is included
in the taxpayer's adjusted federal gross income under the Internal
Revenue Code.
(h) The department shall establish a student test number as
described in IC 20-19-3-9.4 for each eligible student. The treasurer of
state shall provide the department information necessary for the
department to comply with this subsection.
(i) A student described in IC 20-51.4-2-4(3)(B) may not use the
money deposited into the eligible student's ESA account for ESA
qualified expenses described in IC 20-51.4-2-9(a)(3),
IC 20-51.4-2-9(a)(6), IC 20-51.4-2-9(a)(7), or IC 20-51.4-2-9(a)(9).
SECTION 6. IC 20-51.4-4.5-1, AS ADDED BY P.L.202-2023,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) After June 30, 2023, a parent of a career
scholarship student or an emancipated career scholarship student may
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establish a career scholarship account for the career scholarship student
by entering into a written agreement with the treasurer of state on a
form prepared by the treasurer of state. An application to establish a
CSA account, or an application to participate in the CSA program with
an ESA account, must be submitted not later than October 1 for the
school year. Subject to subsection (f), the CSA account of a career
scholarship student must be made in the name of the career scholarship
student. The treasurer of state shall make the agreement available on
the website of the treasurer of state.
(b) To be eligible to participate in the CSA program, a parent of a
career scholarship student or an emancipated career scholarship student
must agree that:
(1) a grant deposited in the career scholarship student's CSA
account under section 3 of this chapter and any interest that may
accrue in the CSA account will be used only for the CSA
qualified expenses;
(2) money in the CSA account when the CSA account is
terminated reverts to the state general fund; and
(3) the parent of the career scholarship student or the emancipated
career scholarship student will use the money in the CSA account
for the career scholarship student to attend one (1) or more of the
sequences, courses, apprenticeships, or programs of study
designated and approved under section 6(a) of this chapter.
(c) A parent of a career scholarship student may enter into a
separate agreement under subsection (a) for each child of the parent.
However, not more than one (1) CSA account may be established for
each career scholarship student.
(d) Except as provided under subsection (f), a CSA account must be
established under subsection (a) by a parent of a career scholarship
student or an emancipated career scholarship student for a school year
not later than seven (7) thirty (30) days after the date that the treasurer
of state approves an application submitted under subsection (a).
(e) Except as provided in section 2 of this chapter, an agreement
made under this section is valid for one (1) school year while the career
scholarship student is in grades 10 through 12 and may be renewed
annually. Upon graduation, or receipt of:
(1) a certificate of completion under the career scholarship
student's individualized education program; or
(2) an Indiana high school equivalency diploma under
IC 22-4.1-18;
the career scholarship student's CSA account is terminated.
(f) If:
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(1) a parent of a career scholarship student or an emancipated
career scholarship student enters into a written agreement with the
treasurer of state on a form under subsection (a); and
(2) the career scholarship student participates in the ESA program
under this article;
the parent or emancipated career scholarship student must participate
in the CSA program using the student's ESA account instead of
establishing a CSA account. However, if the student ceases to
participate in the ESA program, the parent of the student or the
emancipated student must establish a CSA account to participate in the
CSA program.
SECTION 7. IC 20-51.4-4.5-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) A parent of a career
scholarship student or an emancipated career scholarship student
may use a CSA annual grant amount received under this chapter
for costs related to obtaining a driver's license if the following
conditions are met:
(1) The amount used for the costs does not exceed one
thousand dollars ($1,000).
(2) The parent or emancipated CSA student demonstrates
proof of hardship, as determined by the department.
(3) A driver's license is a prerequisite for being able to
perform the regular functions of the sequence, course,
apprenticeship, or program of study, as determined by the
department.
(4) Any other criteria that the department considers relevant
are satisfied.
(b) A parent of a career scholarship student or an emancipated
career scholarship student may use a CSA annual grant amount
received under this chapter for costs related to transportation if
the following conditions are met:
(1) The amount used for the costs from the CSA annual grant
amount does not exceed the following:
(A) A matching amount paid by a CSA participating entity
for the transportation costs of the career scholarship
student.
(B) A total amount of six hundred twenty-five dollars
($625).
(2) The parent or emancipated CSA student demonstrates
proof of hardship, as determined by the department.
(3) Any other criteria that the department considers relevant
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are satisfied.
(c) A CSA annual grant amount received under this chapter
may not be used for the purchase or lease of a motor vehicle (as
defined in IC 4-4-32.2-6).
SECTION 8. IC 20-51.4-5-2, AS AMENDED BY P.L.202-2023,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) The following individuals or entities may
become an ESA participating entity by submitting an application to the
treasurer of state in a manner prescribed by the treasurer of state:
(1) A qualified school.
(2) An individual who or tutoring agency that provides private
tutoring.
(3) An individual who or entity that provides services to a student
with a disability in accordance with an individualized education
program developed under IC 20-35 or a service plan developed
under 511 IAC 7-34 or generally accepted standards of care
prescribed by the eligible student's treating physician.
(4) An individual who or entity that offers a course or program to
an eligible student.
(5) A licensed occupational therapist.
(6) Entities that provide assessments.
(b) The treasurer of state shall approve an application submitted
under subsection (a) if the individual or entity meets the criteria to
serve as an ESA participating entity.
(c) If it is reasonably expected by the treasurer of state that an ESA
participating entity will receive, from payments made under the ESA
program, more than fifty one hundred thousand dollars ($50,000)
($100,000) during a particular school year, the ESA participating entity
shall, on or before a date prescribed by the treasurer of state provide the
treasurer of state evidence, in a manner prescribed by the treasurer of
state, indicating that the ESA participating entity has unencumbered
assets sufficient to pay the treasurer of state an amount equal to the
amount expected to be paid to the ESA participating entity under the
ESA program during the particular school year.
(d) Each ESA participating entity that accepts payments made from
an ESA account under this article shall provide a receipt to the parent
of an eligible student or to the emancipated eligible student for each
payment made.
SECTION 9. IC 20-51.4-5.5-4, AS ADDED BY P.L.202-2023,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) If it is reasonably expected by the
commission for higher education that a CSA participating entity will
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receive, from payments made under the CSA program, more than fifty
one hundred thousand dollars ($50,000) ($100,000) during a
particular school year, the CSA participating entity shall, on or before
a date prescribed by the treasurer of state, provide the treasurer of state
evidence, in a manner prescribed by the treasurer of state, indicating
that the CSA participating entity has unencumbered assets sufficient to
pay the treasurer of state an amount equal to the amount expected to be
paid to the CSA participating entity under the CSA program during the
particular school year.
(b) Each CSA participating entity that accepts payments made from
a CSA account under this article shall provide a receipt to the parent of
a career scholarship student or to the emancipated career scholarship
student for each payment made.
SECTION 10. IC 21-14-15 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 15. Reporting to the Commission for Higher Education
and Analysis
Sec. 1. Each state educational institution shall annually report
to the commission in a manner and form prescribed by the
commission, the following information:
(1) A list of all the degrees offered by the state educational
institution and the following:
(A) The number of students (including fractional effort)
pursuing each degree.
(B) The number of students (including fractional effort)
who obtained each degree.
(2) For each degree listed by the state educational institution
under subdivision (1), the number of students who completed
the degree program on time.
(3) The number of faculty members, including fractional
effort as expressed as a percentage of full-time equivalency
for each faculty member, involved with each degree program.
(4) The ratio of faculty members to students:
(A) for each degree program of the state educational
institution; and
(B) in the aggregate for the state educational institution.
(5) The number of administrative support staff, including
fractional effort as expressed as a percentage of full-time
equivalency for each administrative support staff member,
involved with each degree program.
(6) The ratio of administrative support staff to students:
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(A) for each degree program of the state educational
institution; and
(B) in the aggregate for the state educational institution.
(7) The ratio of faculty members to administrative support
staff.
(8) The total cost to the state educational institution for each
degree program.
(9) For each degree program, the total cost to a student.
(10) The estimated compensation of students who graduate
with a particular degree for the following benchmarks:
(A) The starting compensation.
(B) One (1) year after graduation.
(C) Three (3) years after graduation.
(D) Five (5) years after graduation.
(E) Ten (10) years after graduation.
(11) The number of and average compensation of both of the
following:
(A) Administrators.
(B) Student-facing faculty and instructors.
(12) The estimated total debt load by degree type, including
short term credential, associate degree, bachelor's degree,
master's degree, and doctoral degree.
(13) Debt load trends over time by degree type, including
short term credential, associate degree, bachelor's degree,
master's degree, and doctoral degree.
Sec. 2. The commission shall prepare a longitudinal analysis on
each of the following:
(1) Tuition and fees, room and board, and allowances for
books and supplies for each state educational institution.
(2) The financial aid awarded to students that can be applied
toward the cost of attending a state educational institution.
(3) A comparison of the price of attending a state educational
institution with national data, including the Integrated
Postsecondary Education Data System maintained by the
National Center for Education Statistics.
SECTION 11. IC 21-18-20-7, AS ADDED BY P.L.202-2023,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) Subject to available funding and subsections
(c) and (d), the commission shall award a career coaching grant from
the career coaching grant fund to an eligible entity that meets the
requirements under subsection (b).
(b) To be eligible to receive a grant under this section, an eligible
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entity must do the following:
(1) Apply to the commission in the manner prescribed by the
commission.
(2) Meet any eligibility requirements or parameters established by
the commission.
(3) If the eligible entity is a school corporation or school
described in section 3(2) through 3(3) of this chapter, partner
with:
(A) an approved intermediary; or
(B) career coaching provider approved by the department
under section 8 of this chapter.
(4) If the eligible entity is:
(A) an approved intermediary; or
(B) a career coaching provider approved by the department
under section 8 of this chapter;
partner with a school corporation or school described in section
3(2) through 3(3) of this chapter.
(5) Agree to:
(A) use the grant to establish or implement a comprehensive
career navigation and coaching system;
(B) provide career coaching services through a career coach
who:
(i) holds a certification in individual personality and interest
inventory interpretation and career navigation; or
(ii) completes training in individual personality and
interest inventory interpretation and career navigation
that is equivalent to the training required to receive a
certification described in item (i) and recognized or
approved by the department; and
(C) use evidence based assessments or student exploration,
engagement, and experience resources to advise students
about careers and college pathways.
(c) To the extent possible, the commission shall award grants under
this section to eligible entities located in geographically diverse
communities, which must include rural, suburban, and urban
communities.
(d) In awarding grants under this chapter, the commission shall give
preference to eligible entities that provide career coaching services
through career coaches who have work experience outside of teaching.
SECTION 12. IC 21-49-3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
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Chapter 3. Information Provided to the Department of
Education
Sec. 1. As used in this chapter, "department" means the
department of education established by IC 20-19-3-1.
Sec. 2. Each private postsecondary educational institution and
each out-of-state public and nonprofit degree granting institution
that offers instructional or educational services or training in
Indiana shall provide to the department, in a manner, form, and
frequency prescribed by the department, the following:
(1) Information necessary, as determined by the department,
to carry out IC 20-19-3-22.3.
(2) Any information the department requests to carry out
IC 20-31-8-5.5.
Sec. 3. If an out-of-state public or nonprofit degree granting
institution fails to comply with this chapter, the:
(1) department may notify the executive officer of the
commission regarding the noncompliance; and
(2) executive officer of the commission may revoke the
authorization granted under IC 21-18-12.2 to the out-of-state
public or nonprofit degree granting institution.
SECTION 13. IC 22-4.1-26-5, AS AMENDED BY P.L.143-2019,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) Except as provided in section 5.5 of this
chapter, eligible employees must be trained, hired, and retained for at
least six (6) months by the employer. If an eligible employee separates
from employment with the employer that provided the training in order
to accept employment with another employer before the end of the six
(6) month period, the retention requirement is waived.
(b) Eligible employment must be in one (1) of the following sectors:
(1) Manufacturing.
(2) Technology business services.
(3) Transportation and logistics.
(4) Health sciences.
(5) Building and construction.
(6) Agriculture.
(7) Teaching.
HEA 1001 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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