Indiana 2024 2024 Regular Session

Indiana House Bill HB1073 Introduced / Fiscal Note

Filed 01/29/2024

                    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: Jan 29, 2024
BILL NUMBER: HB 1073	BILL AMENDED: Jan 29, 2024
SUBJECT: Special Education.
FIRST AUTHOR: Rep. Cash	BILL STATUS: 2
nd
 Reading - 1
st
 House
FIRST SPONSOR: 
FUNDS AFFECTED:XGENERAL	IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: (Amended) 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, subject to available funding, to have
electronic recording equipment in each designated special education classroom, seclusion area, and time-out
area not later than July 1, 2025. The bill provides that electronic recording equipment must be active and
recording when certain areas are in use, and that any recorded audio files, 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 recordings. It also provides that specified individuals employed by a school
corporation may request to review to review recordings.
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
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
HB 1073	1 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 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: (Revised) Dependent on available funding, schools may be required
to maintain electronic recording equipment in certain special education rooms, seclusion areas, and timeout
areas beginning in FY 2026. Schools would also be required to store audio files, recorded images, and video
for at least 60 days. Public schools required to purchase additional 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. Public schools may also see increased workload requirements related
to making recorded content available to requesting parents or school employees.
Additional Information - The cost to equip every designated area with a video camera is highly variable and
dependent on:
(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 and audio 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. 
Explanation of Local Revenues: 
State Agencies Affected: Commission on Seclusion and Restraint; Department of Education.
Local Agencies Affected: School corporations. 
Information Sources: 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
HB 1073	2 rt-ip-bullet-cameras-featuring-motorized-varifocal-lens-vandal-resistant-and-30fps?variant=42640888365206
Fiscal Analyst: Kelan Fong,  317-232-9592.
HB 1073	3