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