LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6482 NOTE PREPARED: Dec 18, 2023
BILL NUMBER: HB 1073 BILL AMENDED:
SUBJECT: Special Education.
FIRST AUTHOR: Rep. Cash BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: Commission on Seclusion and Restraint: The bill provides that the Commission
on Seclusion and Restraint in Schools (commission) must include eliminating or minimizing the need for use
of time-out in its model restraint and seclusion plan. It requires the commission to meet biannually (instead
of annually, under current law), and requires the commission to submit a biannual report to the State
Advisory Council on the Education of Children with Disabilities.
Video Recording Equipment: This bill requires school corporations to have electronic recording equipment
in each designated special education classroom, seclusion area, sensory room, and time-out area not later than
January 1, 2025. The bill provides that electronic recording equipment must be active and recording when
certain areas are in use, and that any recorded images and video must be stored for a period of not less than
60 days. It creates a process by which a parent of a special education student may request to review certain
recorded video footage.
Behavioral Interventionist: The bill requires school corporations to employ at least one behavioral
interventionist not later than January 1, 2025. It provides that each school corporation must have a behavioral
interventionist on school grounds during the school year while school is in session, and that the behavioral
interventionist must be involved in certain school actions.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Commission on Seclusion and Restraint: Beginning in FY 2025, this
bill requires the Commission on Seclusion and Restraint in Schools (commission) to meet biannually. [The
commission currently meets annually.] This would increase the expenditures for salary per diem by $800 (if
HB 1073 1 all members attend) and represents a minor increase to travel reimbursement costs that would be paid by the
Department of Education (DOE). Provisions in the bill also require the commission to revise their model
restraint and seclusion plan for schools to include a statement ensuring that the school will minimize the need
for time-outs, to biannually review incident report summaries submitted by DOE, and to biannually submit
a report to the State Advisory Council on the Education of Children with Disabilities. The bill’s requirements
are within the commission’s routine administrative functions and should be able to be implemented with no
additional appropriations, assuming near customary agency staffing and resource levels.
Department of Education: DOE is required to review nonviolent crisis intervention training programs, make
recommendations to school corporations regarding the training of behavioral interventionists, and biannually
submit reports regarding incidents of restraint and seclusion to the commission. The bill’s requirements
should be able to be implemented with no additional appropriations.
Additional Information - Lay members of executive boards, commissions, and councils, who are entitled to
receive a salary per diem, receive $100 per day and are reimbursed $0.49 per mile. According to DOE, the
commission is comprised of nine total members, eight of whom are lay members.
Explanation of State Revenues:
Explanation of Local Expenditures: Summary - By January 1, 2025, schools may be required to hire a
behavior interventionist and purchase digital video cameras for certain classrooms. Schools required to hire
a behavior interventionist would increase annual expenditures by $59,000 to $85,000 per interventionist.
Schools who can provide nonviolent crisis intervention training to an existing employee would increase
annual expenditures by $1,300 to $6,000 for each employee. Schools required to purchase digital video
cameras are expected to increase their expenditures by $2,000 to $10,000 per classroom, depending on the
recording equipment installed to meet the bill’s requirements.
Additional Information -
Behavior Interventionist: School corporations are required under this bill to employ at least one behavior
interventionist in each school building by January 1, 2025. A behavior interventionist (interventionist) is
defined under this bill as a person who has obtained nonviolent crisis intervention training and who will
assist a school corporation in creating and implementing the school’s restraint and seclusion plan. The
interventionist is also required to respond to certain instances when de-escalation is needed or when certain
restraint and seclusion incidents occur.
School corporations may experience a minor expenditure increase to the extent that they are able to adhere
to this bill’s provisions by providing nonviolent crisis intervention training to an existing employee. Based
on quotes found online, the cost to certify an individual with appropriate de-escalation training costs
approximately $1,300 to $6,000. School corporations who hire a new interventionist will have higher costs.
Using salary data from the U.S. Bureau of Labor Statistics and using the State Budget Agency’s fringe
benefits calculation, mental health social workers who are trained in crisis intervention would cost
approximately $59,000 annually while a school psychologist who implements individual and school wide
behavioral strategies costs approximately $85,000 annually. These estimations exclude health insurance
costs.
Video Recording Equipment: The cost to equip every designated area with a video camera is highly variable
and dependent on:
HB 1073 2 (1) The quality of the camera;
(2) The number of cameras required in a classroom for adequate coverage;
(3) Installation and wiring costs to install the camera; and
(4) The cost to store video captured by the camera for at least 60 days.
Prices advertised by security camera companies suggest that a four-camera system with 4K capabilities, audio
recording, and motorized varifocal lenses may cost approximately $2,000 per classroom. Other states have
also created or explored legislation where they estimated the cost to install a camera in each special education
classroom. For example in 2019, the Louisiana Legislative Fiscal Office estimated a $5,000 per classroom
cost and in 2022 the Maryland Department of Legislative Services estimated a $10,000 per classroom cost.
Public schools may also see increased workload requirements related to making recorded content available
to requesting parents.
Explanation of Local Revenues:
State Agencies Affected: Commission on Seclusion and Restraint; Department of Education.
Local Agencies Affected: School corporations.
Information Sources: U.S. Bureau of Labor Statistics, Occupational Employment and Wage Statistics;
https://www.in.gov/sba/files/Operating-Budget-Instructions-FY24-and-FY25.pdf
Louisiana Legislative Fiscal Office, HB 283.
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1140778;
Maryland Department of Legislative Services, HB 226.
https://mgaleg.maryland.gov/2022RS/fnotes/bil_0006/hb0226.pdf
https://www.lorex.com/products/lorex-4k-16-camera-capable-4tb-wired-nvr-system-with-nocturnal-4-sma
rt-ip-bullet-cameras-featuring-motorized-varifocal-lens-vandal-resistant-and-30fps?variant=42640888365206
https://rightresponse.org/pricing/
https://www.crisisprevention.com/Platform/Event-Registration?programtype=ICP&specialty=NCI#select
-specialty
Fiscal Analyst: Kelan Fong, 317-232-9592.
HB 1073 3