IN
Indiana House Bill HB1380

Indiana 2024 Regular Session

Indiana House Bill HB1380 Compare Versions

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1+*EH1380.3*
2+Reprinted
3+March 5, 2024
4+ENGROSSED
5+HOUSE BILL No. 1380
6+_____
7+DIGEST OF HB 1380 (Updated March 4, 2024 4:31 pm - DI 92)
8+Citations Affected: IC 20-19; IC 20-25.7; IC 20-26; IC 20-32;
9+IC 20-35; IC 20-46; IC 20-51; IC 20-51.4; IC 20-52.
10+Synopsis: Various education matters. Requires the secretary of
11+education to prepare and submit to the general assembly the following:
12+(1) A plan to establish a pilot program concerning the use, operation,
13+(Continued next page)
14+Effective: Upon passage; July 1, 2024.
15+Behning, Davis, McGuire
16+(SENATE SPONSORS — RAATZ, CRANE, RANDOLPH LONNIE M)
17+January 10, 2024, read first time and referred to Committee on Education.
18+January 18, 2024, amended, reported — Do Pass.
19+January 23, 2024, read second time, amended, ordered engrossed.
20+January 24, 2024, engrossed.
21+January 25, 2024, read third time, passed. Yeas 91, nays 7.
22+SENATE ACTION
23+February 5, 2024, read first time and referred to Committee on Education and Career
24+Development.
25+February 22, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
26+Appropriations.
27+February 29, 2024, amended, reported favorably — Do Pass.
28+March 4, 2024, read second time, amended, ordered engrossed.
29+EH 1380—LS 6956/DI 110 Digest Continued
30+and management of school facilities to promote student learning and
31+outcomes. (2) A plan to establish a pilot program concerning student
32+transportation. Makes various changes to innovation network school
33+and participating innovation network charter school provisions
34+regarding the following: (1) The terms that must be included in an
35+agreement entered into between: (A) an innovation network team and
36+the governing body of a school corporation; and (B) an organizer and
37+the governing body of a school corporation. (2) Restrictions on altering
38+an agreement. (3) Restrictions on a school corporation charging a
39+participating innovation network charter school for goods and services.
40+(4) Required distribution of state tuition support to participating
41+innovation network charter schools. (5) Restrictions regarding altering
42+the use of a facility occupied by an innovation network school or
43+participating innovation network charter school. Makes changes to the
44+student learning recovery grant program concerning the following: (1)
45+The establishment of the program is subject to available funding. (2)
46+The purpose for which the program was established with regard to
47+disruption in education caused by the coronavirus disease pandemic
48+and insufficient alternatives. (3) The limitation of the program to only
49+certain state fiscal years. (4) Allowing the department of education
50+(department) to require matching grant amounts. Provides that a
51+student's Indiana enrichment scholarship account terminates under
52+conditions established by the department (instead of October 1, 2024).
53+Provides that the office of administrative law proceedings (office) has
54+jurisdiction over hearing officers authorized to conduct hearings
55+required by the Individuals with Disabilities Education Act (IDEA).
56+Requires the office to: (1) determine the cost of conducting hearings;
57+and (2) after July 1, 2025, assess a fee, based on the weighted ADM
58+count, for each school corporation and charter school that is sufficient
59+to cover the costs. Amends the date by which a student has to be a
60+certain age to be eligible to participate in a school scholarship program
61+and the Indiana education scholarship account program. Removes a
62+condition with regard to requiring certain school corporations to accept
63+transferring students who do not have legal settlement in the school
64+corporation. Provides that a transferee corporation may not require a
65+parent or student requesting transfer to the school corporation to pay
66+transfer tuition or any other fee associated with the transfer of the
67+student. Removes a provision that requires use of certain federal funds
68+under the Indiana student enrichment grant program. Makes certain
69+changes to the referendum time line. Repeals the following provisions
70+regarding the student learning recovery grant program: (1) The
71+appropriation in the 2021 fiscal year. (2) The expiration of the program.
72+Repeals provisions regarding the expiration of the Indiana student
73+enrichment grant program.
74+EH 1380—LS 6956/DI 110EH 1380—LS 6956/DI 110 Reprinted
75+March 5, 2024
176 Second Regular Session of the 123rd General Assembly (2024)
277 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
378 Constitution) is being amended, the text of the existing provision will appear in this style type,
479 additions will appear in this style type, and deletions will appear in this style type.
580 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
681 provision adopted), the text of the new provision will appear in this style type. Also, the
782 word NEW will appear in that style type in the introductory clause of each SECTION that adds
883 a new provision to the Indiana Code or the Indiana Constitution.
984 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1085 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1380
12-AN ACT to amend the Indiana Code concerning education.
86+ENGROSSED
87+HOUSE BILL No. 1380
88+A BILL FOR AN ACT to amend the Indiana Code concerning
89+education.
1390 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 20-19-3-32 IS ADDED TO THE INDIANA CODE
15-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2024]: Sec. 32. Not later than November 1, 2024, the secretary of
17-education shall prepare and submit to the general assembly in an
18-electronic format under IC 5-14-6 a plan to establish a pilot
19-program that provides innovative approaches concerning the use,
20-operation, and management of school facilities to promote:
91+1 SECTION 1. IC 20-19-3-32 IS ADDED TO THE INDIANA CODE
92+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
93+3 1, 2024]: Sec. 32. Not later than November 1, 2024, the secretary of
94+4 education shall prepare and submit to the general assembly in an
95+5 electronic format under IC 5-14-6 a plan to establish a pilot
96+6 program that provides innovative approaches concerning the use,
97+7 operation, and management of school facilities to promote:
98+8 (1) enhanced learning environments;
99+9 (2) unique learning opportunities; and
100+10 (3) improved student academic and health outcomes.
101+11 SECTION 2. IC 20-19-3-33 IS ADDED TO THE INDIANA CODE
102+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
103+13 1, 2024]: Sec. 33. Not later than November 1, 2024, the secretary of
104+14 education shall prepare and submit to the general assembly in an
105+15 electronic format under IC 5-14-6 a plan to establish a pilot
106+EH 1380—LS 6956/DI 110 2
107+1 program that encompasses innovative approaches for increasing
108+2 transportation of students enrolled at a:
109+3 (1) public school, including a charter school; or
110+4 (2) nonpublic school with at least one (1) employee;
111+5 to travel to and from a school or other learning opportunities in a
112+6 safe and efficient manner.
113+7 SECTION 3. IC 20-25.7-4-5, AS AMENDED BY P.L.246-2023,
114+8 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115+9 JULY 1, 2024]: Sec. 5. (a) The board shall enter into an agreement
116+10 with an innovation network team to establish an innovation network
117+11 school or to reconstitute an eligible school as an innovation network
118+12 school under section 3 or 4 of this chapter. An innovation network team
119+13 may consist of or include teachers, a principal, a superintendent, or any
120+14 combination of these individuals who were employed at the eligible
121+15 school before the agreement is entered.
122+16 (b) The terms of the agreement must specify the following:
123+17 (1) A statement that the innovation network school is considered
124+18 to be part of the school corporation and not considered a separate
125+19 local educational agency.
126+20 (2) A statement that the innovation network team authorizes the
127+21 department to include the innovation network school's
128+22 performance assessment results under IC 20-31-8 when
129+23 calculating the school corporation's performance assessment
130+24 under rules adopted by the state board.
131+25 (3) The amount of state and federal funding, including tuition
132+26 support, and money levied as property taxes that will be
133+27 distributed by the school corporation to the innovation network
134+28 school.
135+29 (4) The performance goals and accountability metrics agreed
136+30 upon for the innovation network school.
137+31 (5) Grounds for termination of the agreement, including the right
138+32 of termination if the innovation network team fails to:
139+33 (A) comply with the conditions or procedures established in
140+34 the agreement;
141+35 (B) meet generally accepted fiscal management and
142+36 government accounting principles;
143+37 (C) comply with applicable laws; or
144+38 (D) meet the educational goals set forth in the agreement
145+39 between the board and the innovation network team.
146+40 (6) For an agreement entered into or renewed after June 30, 2023,
147+41 the process the board is required to follow in determining whether
148+42 to renew the agreement.
149+EH 1380—LS 6956/DI 110 3
150+1 (7) For an agreement entered into or renewed after June 30,
151+2 2024, and subject to section 9 of this chapter, the innovation
152+3 network school's enrollment and discipline policies, including
153+4 defined attendance areas and enrollment zones.
154+5 (c) If an agreement is entered into under subsection (a), the board
155+6 shall notify the department that an agreement has been entered into
156+7 under this section within thirty (30) days after the agreement is entered
157+8 into.
158+9 (d) Upon receipt of the notification under subsection (c), for school
159+10 years starting after the date of the agreement:
160+11 (1) the department shall include the innovation network school's
161+12 performance assessment results under IC 20-31-8 when
162+13 calculating the school corporation's performance assessment
163+14 under rules adopted by the state board;
164+15 (2) the department shall treat the innovation network school in the
165+16 same manner as a school operated by the school corporation when
166+17 calculating the total amount of state and federal funding to be
167+18 distributed to the school corporation; and
168+19 (3) if requested by an innovation network school established
169+20 under IC 20-25.5-4-2(a)(2) (before its repeal) or
170+21 IC 20-25.7-4-4(a)(2), the department may use student growth as
171+22 the state board's exclusive means to determine the innovation
172+23 network school's category or designation of school improvement
173+24 under 511 IAC 6.2-10-10 for a period of three (3) years.
174+25 Beginning with the 2019-2020 school year, the department may
175+26 not use student growth as the state board's exclusive means to
176+27 determine an innovation network school's category or designation
177+28 of school improvement. This subdivision expires July 1, 2023.
178+29 A school corporation and an innovation network school are not entitled
179+30 to any state funding in addition to the amount the school corporation
180+31 and school would otherwise be eligible to receive if the innovation
181+32 network school were a public school maintained by the school
182+33 corporation.
183+34 (e) If a board or innovation network team fails to follow the renewal
184+35 process described in subsection (b)(6), the board or innovation network
185+36 team may appeal to the state board. The state board shall hear the
186+37 appeal in a public meeting and ensure that the board or innovation
187+38 network team follows the renewal process specified in the agreement.
188+39 The board may not terminate an agreement until the board has provided
189+40 evidence to the state board that the board has complied with the
190+41 renewal process specified in the agreement. The state board shall issue
191+42 a decision on an appeal under this subsection not later than sixty (60)
192+EH 1380—LS 6956/DI 110 4
193+1 days after the date the board or innovation network team submitted the
194+2 appeal to the state board.
195+3 (f) If an administrative fee is included in an agreement entered into
196+4 or renewed after June 30, 2023, under this section, the fee may not
197+5 exceed one percent (1%) of the total amount of state tuition support
198+6 that is distributed to the school corporation based on the student
199+7 enrollment of the innovation network school.
200+8 (g) An agreement entered into between the board and an
201+9 innovation network team under this section may not be altered
202+10 without written approval from the innovation network team.
203+11 SECTION 4. IC 20-25.7-4-6, AS AMENDED BY P.L.246-2023,
204+12 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
205+13 UPON PASSAGE]: Sec. 6. (a) For as long as an innovation network
206+14 team operates an innovation network school:
207+15 (1) the innovation network team may use the school building, the
208+16 accompanying real property, and the building's contents,
209+17 equipment, and supplies, as provided in the agreement established
210+18 under section 5 of this chapter;
211+19 (2) the school corporation may:
212+20 (A) provide transportation for students attending the
213+21 innovation network school; and
214+22 (B) maintain and repair the buildings and grounds consistent
215+23 with the maintenance and repair to the school corporation's
216+24 other buildings and grounds; and
217+25 (3) the innovation network team and the school corporation may
218+26 enter into an agreement to transfer the ownership of a school
219+27 corporation facility to the innovation network team; and
220+28 (4) the school corporation may not alter the use of the facility
221+29 occupied by the innovation network school without agreement
222+30 from the innovation network team.
223+31 (b) If an innovation network team contracts with a school
224+32 corporation for goods or services, the school corporation may not
225+33 charge the innovation network team more for the goods or services than
226+34 the school corporation pays for the goods or services. A school
227+35 corporation may not require an innovation network team to contract for
228+36 specific goods or services provided by the school corporation or any
229+37 other entity.
230+38 (c) A school corporation and an innovation network team may
231+39 negotiate to require specific services with regard to an innovation
232+40 network school during the term of an agreement. However, subject to
233+41 subsection (d), an innovation network team must be able to select the
234+42 service provider for the services.
235+EH 1380—LS 6956/DI 110 5
236+1 (d) A school corporation may require an innovation network school
237+2 to:
238+3 (1) use the school corporation's student information system; and
239+4 (2) comply with the school corporation's networking,
240+5 cybersecurity, and device standards.
241+6 However, nothing in this subsection may be construed to allow a school
242+7 corporation to alter an innovation network team's autonomy to
243+8 determine the academic programming of the innovation network team's
244+9 school.
245+10 (e) For as long as an innovation network team operates an
246+11 innovation network school, the school corporation may distribute
247+12 money levied as property taxes to the innovation network team.
248+13 Property taxes distributed to an innovation network team must be used
249+14 only for a purpose for which the property taxes could have been used
250+15 by the school corporation. Property taxes distributed under this
251+16 subsection may supplement services and property provided under
252+17 subsection (a) or (b). The parties may jointly modify an agreement
253+18 described in section 5 of this chapter to implement this subsection.
254+19 (f) An agreement concerning the transfer of ownership of a school
255+20 corporation facility to an innovation network team described in
256+21 subsection (a) is not subject to IC 20-26-7.1.
257+22 SECTION 5. IC 20-25.7-5-2, AS AMENDED BY P.L.201-2023,
258+23 SECTION 159, AND AS AMENDED BY P.L.246-2023, SECTION
259+24 31, AND AS AMENDED BY THE TECHNICAL CORRECTIONS
260+25 BILL OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
261+26 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
262+27 PASSAGE]: Sec. 2. (a) The board may enter into an agreement with an
263+28 organizer to reconstitute an eligible school as a participating innovation
264+29 network charter school or to establish a participating innovation
265+30 network charter school at a location selected by the board within the
266+31 boundary of the school corporation. Notwithstanding IC 20-26-7.1, a
267+32 participating innovation network charter school may be established
268+33 within a vacant school building.
269+34 (b) The terms of the agreement entered into between the board and
270+35 an organizer must specify the following:
271+36 (1) A statement that the organizer authorizes the department to
272+37 include the charter school's performance assessment results under
273+38 IC 20-31-8 when calculating the school corporation's performance
274+39 assessment under rules adopted by the state board.
275+40 (2) The amount of state funding, including tuition support
276+41 Subject to an administrative fee as described in subsection (g),
277+42 a statement that the school corporation will distribute at least
278+EH 1380—LS 6956/DI 110 6
279+1 one hundred percent (100%) of state tuition support dollars
280+2 that the school corporation receives from student enrollment
281+3 in the participating innovation network charter school in
282+4 accordance with the school funding formula to the
283+5 participating innovation network charter school (if the
284+6 participating innovation network charter school is treated in the
285+7 same manner as a school operated by the school corporation
286+8 under subsection (d)(2)). and money levied as property taxes that
287+9 will be distributed by the school corporation to the organizer.
288+10 (3) The performance goals and accountability metrics agreed
289+11 upon for the charter school in the charter agreement between the
290+12 organizer and the authorizer and a statement that the school
291+13 corporation is prohibited from setting additional performance
292+14 goals or accountability metrics.
293+15 (4) For an agreement entered into or renewed after June 30,
294+16 2023, the process the board is required to follow in determining
295+17 whether to renew the agreement.
296+18 (5) The amount of money levied as property taxes that will be
297+19 distributed by the school corporation to the organizer.
298+20 (6) Subject to section 5 of this chapter, the participating
299+21 innovation network charter school's enrollment and discipline
300+22 policies, including defined attendance areas and enrollment
301+23 zones.
302+24 (7) A statement that the innovation agreement shall not create
303+25 an obligation that would cause the organizer to be in violation
304+26 of its charter agreement (as described in IC 20-24-1-3).
305+27 (c) If an organizer and the board enter into an agreement under
306+28 subsection (a), the organizer and the board shall notify the department
307+29 that the agreement has been made under this section within thirty (30)
308+30 days after the agreement is entered into.
309+31 (d) Upon receipt of the notification under subsection (c), for school
310+32 years starting after the date of the agreement:
311+33 (1) the department shall include the participating innovation
312+34 network charter school's performance assessment results under
313+35 IC 20-31-8 when calculating the school corporation's performance
314+36 assessment under rules adopted by the state board;
315+37 (2) the department shall treat the participating innovation network
316+38 charter school in the same manner as a school operated by the
317+39 school corporation when calculating the total amount of state
318+40 funding to be distributed to the school corporation unless
319+41 subsection (e) applies; and
320+42 (3) if requested by a participating innovation network charter
321+EH 1380—LS 6956/DI 110 7
322+1 school that reconstitutes an eligible school, the department may
323+2 use student growth as the state board's exclusive means to
324+3 determine the innovation network charter school's category or
325+4 designation of school improvement under 511 IAC 6.2-10-10 for
326+5 a period of three (3) years. Beginning with the 2019-2020 school
327+6 year, the department may not use student growth as the state
328+7 board's exclusive means to determine an innovation network
329+8 charter school's category or designation of school improvement.
330+9 This subdivision expires July 1, 2023.
331+10 (e) If a participating innovation network school was established
332+11 before January 1, 2016, and for the current school year has a
333+12 complexity index that is greater than the complexity index for the
334+13 school corporation that the innovation network school has contracted
335+14 with, the innovation network school shall be treated as a charter school
336+15 for purposes of determining tuition support. This subsection expires
337+16 June 30, 2023. 2025.
338+17 (f) If the board or organizer fails to follow the process described in
339+18 subsection (b)(4), the board or organizer may appeal to the state
340+19 board. The state board shall hear the appeal in a public meeting and
341+20 ensure that the board or organizer follows the renewal process
342+21 specified in the agreement. The board may not terminate an agreement
343+22 until the board has provided evidence to the state board that the board
344+23 has complied with the renewal process specified in the agreement. The
345+24 state board shall issue a decision on an appeal under this subsection
346+25 not later than sixty (60) days after the date the board or organizer
347+26 submitted the appeal to the state board.
348+27 (g) If an administrative fee is included in an agreement entered into
349+28 or renewed after June 30, 2023, under this section, the fee may not
350+29 exceed one percent (1%) of the total amount of state tuition support
351+30 that is distributed to the school corporation based on the participating
352+31 innovation network charter school's student enrollment.
353+32 (h) An agreement entered into between the board and an
354+33 organizer under this section may not be altered without written
355+34 approval from the organizer.
356+35 SECTION 6. IC 20-25.7-5-3, AS AMENDED BY P.L.246-2023,
357+36 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358+37 UPON PASSAGE]: Sec. 3. (a) For as long as a charter school remains
359+38 a participating innovation network charter school: the school
360+39 corporation may:
361+40 (1) the school corporation may provide transportation for
362+41 students attending the participating innovation network charter
363+42 school;
364+EH 1380—LS 6956/DI 110 8
365+1 (2) the school corporation may maintain and repair the
366+2 buildings and grounds used by the participating innovation
367+3 network charter school consistent with the maintenance and repair
368+4 to the school corporation's other buildings and grounds; and
369+5 (3) the school corporation may enter into an agreement to
370+6 transfer the ownership of a school corporation facility to the
371+7 organizer; and
372+8 (4) the school corporation may not alter the use of the facility
373+9 occupied by the participating innovation network charter
374+10 school without agreement from the organizer.
375+11 (b) If an organizer contracts with a school corporation for goods or
376+12 services, the school corporation may not charge the organizer more for
377+13 the goods or services than the school corporation pays for the goods or
378+14 services. A school corporation may not require an organizer to contract
379+15 for specific goods or services provided by the school corporation or any
380+16 other entity.
381+17 (c) A school corporation and an organizer may negotiate to require
382+18 specific services with regard to a participating innovation network
383+19 charter school during the term of an agreement. However, an organizer
384+20 must be able to select the service provider for the services.
385+21 (d) For as long as a charter school remains a participating
386+22 innovation network charter school, the school corporation may
387+23 distribute money levied as property taxes to the charter school. Property
388+24 taxes distributed to a charter school must be used only for a purpose for
389+25 which the property taxes could have been used by the school
390+26 corporation. Property taxes distributed under this subsection may
391+27 supplement services and property provided under subsection (a) or (b).
392+28 The parties may jointly modify an agreement described in section 2 of
393+29 this chapter to implement this subsection.
394+30 (e) An agreement concerning the transfer of ownership of a school
395+31 corporation facility described in subsection (a) is not subject to
396+32 IC 20-26-7.1.
397+33 (f) Unless an agreement entered into before July 1, 2024,
398+34 between a board and an organizer provides otherwise, a school
399+35 corporation may not charge an organizer an amount for goods and
400+36 services that is greater than the amount of the operations fund
401+37 property tax levy the organizer receives under IC 20-46-8-11.2 for
402+38 the participating innovation network charter school.
403+39 SECTION 7. IC 20-25.7-5-6 IS ADDED TO THE INDIANA CODE
404+40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
405+41 UPON PASSAGE]: Sec. 6. (a) Subject to an administrative fee as
406+42 described in section 2(g) of this chapter, a school corporation that
407+EH 1380—LS 6956/DI 110 9
408+1 enters into an agreement with an organizer under this chapter
409+2 shall distribute at least one hundred percent (100%) of state tuition
410+3 support dollars that the school corporation receives from student
411+4 enrollment in the participating innovation network charter school
412+5 in accordance with the school funding formula to the participating
413+6 innovation network charter school.
414+7 (b) Unless an agreement entered into before July 1, 2024,
415+8 between a board and an organizer provides otherwise, all
416+9 participating innovation network charter schools operating under
417+10 existing agreements with boards as of July 1, 2024, will receive
418+11 funds as required under subsection (a).
419+12 SECTION 8. IC 20-26-11-6, AS AMENDED BY P.L.30-2010,
420+13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
421+14 JULY 1, 2024]: Sec. 6. (a) A school corporation may accept a
422+15 transferring student without approval of the transferor corporation
423+16 under section 5 of this chapter.
424+17 (b) A transfer may be accepted regardless of whether, as a condition
425+18 of the transfer, the transferee school requires the requesting parents or
426+19 student to pay transfer tuition in an amount determined under the
427+20 formula established in section 13 of this chapter for the payment of
428+21 transfer tuition by a transferor school corporation. However, if the
429+22 transferee school elects to charge transfer tuition, the transferee school
430+23 may not offset the amounts described in section 13(b) STEP TWO (B)
431+24 through section 13(b) STEP TWO (D) of this chapter from the amount
432+25 charged to the requesting parents or student.
433+26 (c) When the transferee school elects to charge tuition to the
434+27 requesting parents or student, the tuition determined under subsection
435+28 (b) must be paid by the parents or the student before the end of the
436+29 school year in installments as determined by the transferee corporation.
437+30 (d) Failure to pay a tuition installment that is agreed to by the
438+31 parents or student and the transferee school corporation is a ground for
439+32 exclusion from school.
440+33 (e) If the transferee school elects not to charge transfer tuition to the
441+34 parents or student under this section, the transferee school may not
442+35 charge transfer tuition or fees to the transferor school.
443+36 (b) A transferee corporation may not require a parent or
444+37 student requesting transfer to the school corporation to pay
445+38 transfer tuition or any other fee associated with the transfer of the
446+39 student.
447+40 SECTION 9. IC 20-26-11-6.7, AS AMENDED BY P.L.92-2020,
448+41 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
449+42 JULY 1, 2024]: Sec. 6.7. (a) This section:
450+EH 1380—LS 6956/DI 110 10
451+1 (1) applies to a school corporation that does not have a policy of
452+2 accepting transfer students having legal settlement outside the
453+3 attendance area of the transferee school corporation; and
454+4 (2) does not apply to a school corporation that has more than one
455+5 (1) high school.
456+6 (b) Notwithstanding this chapter, a school corporation shall accept
457+7 a transferring student who resides in Indiana and who does not have
458+8 legal settlement in the school corporation if:
459+9 (1) the student attended a state accredited nonpublic elementary
460+10 school located in the attendance area of the transferee school
461+11 corporation for at least two (2) school years immediately
462+12 preceding the school year in which the student transfers to a high
463+13 school in the transferee school corporation under this section;
464+14 (2) the student is transferring because the state accredited
465+15 nonpublic school from which the student is transferring does not
466+16 offer grades 9 through 12; and
467+17 (3) the majority of the students in the same grade as the
468+18 transferring student at the state accredited nonpublic school have
469+19 legal settlement in the transferee school corporation and will
470+20 attend a school under the authority of the transferee school
471+21 corporation; and
472+22 (4) (3) the transferee school corporation has the capacity to accept
473+23 students.
474+24 (c) If the number of students who request to transfer to a transferee
475+25 school corporation under this section causes the school corporation to
476+26 exceed the school corporation's maximum student capacity, the
477+27 governing body shall determine which students will be admitted as
478+28 transfer students by a random drawing in a public meeting.
479+29 SECTION 10. IC 20-32-8.7-5, AS AMENDED BY P.L.171-2023,
480+30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
481+31 JULY 1, 2024]: Sec. 5. (a) Subject to available funding, the student
482+32 learning recovery grant program is established to provide grants to an
483+33 eligible entity for the purpose of providing recovery learning and
484+34 remediation to students in kindergarten through grade 12 who:
485+35 (1) have experienced learning loss;
486+36 (2) have fallen behind in acquiring anticipated grade level
487+37 academic skills and knowledge;
488+38 (3) have scored below academic standards or average
489+39 benchmarks; or
490+40 (4) are at risk of falling below academic standards.
491+41 due to the disruption in student education caused by the coronavirus
492+42 disease (COVID-19) pandemic and insufficient instructional
493+EH 1380—LS 6956/DI 110 11
494+1 alternatives.
495+2 (b) The department shall administer the program.
496+3 (c) The department may award grants to eligible entities under the
497+4 program. in state fiscal year 2024 and state fiscal year 2025 from funds
498+5 appropriated during the 2021 regular session of the Indiana general
499+6 assembly that have not been obligated.
500+7 SECTION 11. IC 20-32-8.7-7, AS AMENDED BY P.L.171-2023,
501+8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
502+9 JULY 1, 2024]: Sec. 7. (a) To be eligible to receive a grant under this
503+10 chapter, an eligible entity must do the following:
504+11 (1) Apply on a form and in a manner established by the
505+12 department.
506+13 (2) Apply by a date established by the department.
507+14 (3) Develop and submit to the department a student learning
508+15 recovery plan that meets the requirements in section 8 of this
509+16 chapter and any other requirements established by the department.
510+17 including a requirement that a school corporation or charter
511+18 school identified in the plan provide a matching grant in an
512+19 amount determined by the department.
513+20 (4) Specify the amount requested in the student learning recovery
514+21 plan submitted by the eligible entity under subdivision (3).
515+22 (b) If a school corporation or charter school is required to provide
516+23 a matching grant as part of a student learning recovery plan, the
517+24 matching grant may only consist of federal funds received by the
518+25 school corporation or charter school.
519+26 SECTION 12. IC 20-32-8.7-8, AS AMENDED BY P.L.216-2021,
520+27 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
521+28 JULY 1, 2024]: Sec. 8. (a) To be eligible to receive a grant under this
522+29 chapter, an eligible entity must develop and submit to the department
523+30 a student learning recovery plan to provide recovery learning to
524+31 students of the eligible entity described in section 5(a) of this chapter.
525+32 (b) A plan developed under subsection (a) must do the following:
526+33 (1) Address learning loss associated with the purpose of the
527+34 program described in section 5(a) of this chapter.
528+35 (2) Identify metrics to measure learning recovery under the
529+36 program as well as the proposed measurable and specific
530+37 improvements to be made to demonstrate learning recovery.
531+38 (3) Provide for recovery learning to be offered in an in person
532+39 setting, and may not offer recovery learning in a virtual setting.
533+40 (4) Include requirements that if the eligible entity receives any
534+41 federal grants or money for a similar purpose in which the eligible
535+42 entity is requesting a grant under this chapter, the eligible entity
536+EH 1380—LS 6956/DI 110 12
537+1 must use the federal grant or money before using any grant money
538+2 awarded by the department under section 9 of this chapter.
539+3 SECTION 13. IC 20-32-8.7-13, AS AMENDED BY P.L.171-2023,
540+4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
541+5 JULY 1, 2024]: Sec. 13. (a) Not later than July 1 2023, and July 1,
542+6 2024, of each year, the department shall prepare an annual report that
543+7 includes the following:
544+8 (1) A list of all of the eligible entities that participated in the
545+9 program.
546+10 (2) The amount of the grant awarded to each participating eligible
547+11 entity.
548+12 (3) The total amount of grants awarded under this chapter.
549+13 (b) The department shall submit the report described in subsection
550+14 (a) to the:
551+15 (1) governor; and
552+16 (2) legislative council in an electronic format under IC 5-14-6.
553+17 SECTION 14. IC 20-32-8.7-15 IS REPEALED [EFFECTIVE JULY
554+18 1, 2024]. Sec. 15. There is appropriated to the fund one hundred fifty
555+19 million dollars ($150,000,000) from the state general fund for the
556+20 purposes of providing grants under this chapter for the state fiscal year
557+21 beginning July 1, 2020, and ending June 30, 2021. Funds appropriated
558+22 under this section do not revert to the state general fund and remain
559+23 available to be spent for purposes of the program.
560+24 SECTION 15. IC 20-32-8.7-16 IS REPEALED [EFFECTIVE JULY
561+25 1, 2024]. Sec. 16. This chapter expires July 1, 2025.
562+26 SECTION 16. IC 20-35-2-1, AS AMENDED BY P.L.43-2021,
563+27 SECTION 114, IS AMENDED TO READ AS FOLLOWS
564+28 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is established under the
565+29 state board a division of special education. The division shall exercise
566+30 all the power and duties set out in this chapter, IC 20-35-3 through
567+31 IC 20-35-6, and IC 20-35-8.
568+32 (b) The governor shall appoint, upon the recommendation of the
569+33 secretary of education, a director of special education who serves at the
570+34 pleasure of the governor. The amount of compensation of the director
571+35 shall be determined by the budget agency with the approval of the
572+36 governor. The director has the following duties:
573+37 (1) To do the following:
574+38 (A) Have general supervision of special education programs
575+39 and services, including those conducted by school
576+40 corporations, charter schools, the Indiana School for the Blind
577+41 and Visually Impaired, the Indiana School for the Deaf, the
578+42 department of correction, and the division of mental health and
579+EH 1380—LS 6956/DI 110 13
580+1 addiction to ensure compliance with federal and state special
581+2 education laws and rules.
582+3 (B) Take appropriate action to ensure school corporations,
583+4 charter schools, and the department remain eligible for federal
584+5 special education funds.
585+6 (C) Oversee the training of hearing officers and establish
586+7 guidelines as described in IC 20-35-14-5.
587+8 (2) With the consent of the secretary of education and the budget
588+9 agency, to appoint and determine salaries for any assistants and
589+10 other personnel needed to enable the director to accomplish the
590+11 duties of the director's office.
591+12 SECTION 17. IC 20-35-14 IS ADDED TO THE INDIANA CODE
592+13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
593+14 JULY 1, 2024]:
594+15 Chapter 14. Employment of Independent Hearing Officers
595+16 Sec. 1. As used in this chapter, "IDEA" refers to the federal
596+17 Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
597+18 Sec. 2. As used in this chapter, "office" has the meaning set
598+19 forth in IC 4-15-10.5-6.
599+20 Sec. 3. (a) The office has jurisdiction over hearing officers
600+21 authorized to conduct hearings required by the IDEA.
601+22 (b) The office is granted jurisdiction to conduct hearings
602+23 described in subsection (a) as permitted under IC 4-15-10.5-12.
603+24 Sec. 4. Not later than August 1, 2024, the department and the
604+25 office shall enter into a memorandum of understanding regarding
605+26 the transition to hearing officers employed by the office as
606+27 full-time, salaried, state employees to act as and satisfy the
607+28 requirements regarding independent hearing officers under the
608+29 IDEA.
609+30 Sec. 5. The director of special education appointed under
610+31 IC 20-35-2-1 shall:
611+32 (1) oversee the training of hearing officers; and
612+33 (2) establish guidelines for hearing officers who conduct
613+34 hearings under this chapter, including guidelines to ensure
614+35 compliance with state and federal special education laws and
615+36 rules.
616+37 Sec. 6. The office shall:
617+38 (1) determine the cost of conducting hearings under this
618+39 chapter; and
619+40 (2) after July 1, 2025, assess each school corporation and
620+41 charter school in the state, based on the weighted ADM count,
621+42 a fee that is sufficient to cover the costs determined under
622+EH 1380—LS 6956/DI 110 14
623+1 subdivision (1).
624+2 SECTION 18. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
625+3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
626+4 UPON PASSAGE]: Sec. 8. (a) Subject to subsections (e), (f), and (g)
627+5 and this chapter, the governing body of a school corporation may adopt
628+6 a resolution to place a referendum under this chapter on the ballot for
629+7 any of the following purposes:
630+8 (1) The governing body of the school corporation determines that
631+9 it cannot, in a calendar year, carry out its public educational duty
632+10 unless it imposes a referendum tax levy under this chapter.
633+11 (2) The governing body of the school corporation determines that
634+12 a referendum tax levy under this chapter should be imposed to
635+13 replace property tax revenue that the school corporation will not
636+14 receive because of the application of the credit under
637+15 IC 6-1.1-20.6.
638+16 (3) Except for resolutions described in subsection (b), the
639+17 governing body makes the determination required under
640+18 subdivision (1) or (2) and determines to share a portion of the
641+19 referendum proceeds with a charter school, excluding a virtual
642+20 charter school, in the manner prescribed in subsection (e).
643+21 (b) A resolution for a referendum for a county described in section
644+22 21 of this chapter that is adopted after May 10, 2023, shall specify that
645+23 a portion of the proceeds collected from the proposed levy will be
646+24 distributed to applicable charter schools in the manner described under
647+25 section 21 of this chapter.
648+26 (c) The governing body of the school corporation shall certify a
649+27 copy of the resolution to place a referendum on the ballot to the
650+28 following:
651+29 (1) The department of local government finance, including:
652+30 (A) the language for the question required by section 10 of this
653+31 chapter, or in the case of a resolution to extend a referendum
654+32 levy certified to the department of local government finance
655+33 after March 15, 2016, section 10.1 of this chapter; and
656+34 (B) a copy of the revenue spending plan adopted under
657+35 subsection (g).
658+36 The language of the public question must include the estimated
659+37 average percentage increases certified by the county auditor under
660+38 section 10(e) or 10.1(f) of this chapter, as applicable. The
661+39 governing body of the school corporation shall also provide the
662+40 county auditor's certification described in section 10(e) or 10.1(f)
663+41 of this chapter, as applicable. The department of local government
664+42 finance shall post the values certified by the county auditor to the
665+EH 1380—LS 6956/DI 110 15
666+1 department's website. The department shall review the language
667+2 for compliance with section 10 or 10.1 of this chapter, whichever
668+3 is applicable, and either approve or reject the language. The
669+4 department shall send its decision to the governing body of the
670+5 school corporation not more than ten (10) days after the resolution
671+6 is submitted to the department. If the language is approved, the
672+7 governing body of the school corporation shall certify a copy of
673+8 the resolution, including the language for the question and the
674+9 department's approval.
675+10 (2) The county fiscal body of each county in which the school
676+11 corporation is located (for informational purposes only).
677+12 (3) The circuit court clerk of each county in which the school
678+13 corporation is located.
679+14 (d) If a school safety referendum tax levy under IC 20-46-9 has been
680+15 approved by the voters in a school corporation at any time in the
681+16 previous three (3) years, the school corporation may not:
682+17 (1) adopt a resolution to place a referendum under this chapter on
683+18 the ballot; or
684+19 (2) otherwise place a referendum under this chapter on the ballot.
685+20 (e) Except as provided in section 21 of this chapter, the resolution
686+21 described in subsection (a) must indicate whether proceeds in the
687+22 school corporation's education fund collected from a tax levy under this
688+23 chapter will be used to provide a distribution to a charter school or
689+24 charter schools, excluding a virtual charter school, under IC 20-40-3-5
690+25 as well as the amount that will be distributed to the particular charter
691+26 school or charter schools. A school corporation may request from the
692+27 designated charter school or charter schools any financial
693+28 documentation necessary to demonstrate the financial need of the
694+29 charter school or charter schools.
695+30 (f) This subsection applies to a resolution described in subsection
696+31 (a) for a county described in section 21(a) of this chapter that is
697+32 adopted after May 10, 2023. The resolution described in subsection (a)
698+33 shall include a projection of the amount that the school corporation
699+34 expects to be distributed to a particular charter school, excluding
700+35 virtual charter schools or adult high schools, under section 21 of this
701+36 chapter if the charter school voluntarily elects to participate in the
702+37 referendum in the manner described in subsection (i). At least sixty
703+38 (60) days before the resolution described in subsection (a) is voted on
704+39 by the governing body, the school corporation shall contact the
705+40 department to determine the number of students in kindergarten
706+41 through grade 12 who have legal settlement in the school corporation
707+42 but attend a charter school, excluding virtual charter schools or adult
708+EH 1380—LS 6956/DI 110 16
709+1 high schools, and who receive not more than fifty percent (50%) virtual
710+2 instruction. The department shall provide the school corporation with
711+3 the number of students with legal settlement in the school corporation
712+4 who attend a charter school and who receive not more than fifty percent
713+5 (50%) virtual instruction, which shall be disaggregated for each
714+6 particular charter school, excluding a virtual charter school or adult
715+7 high school. The projection may include an expected increase in
716+8 charter schools during the term the levy is imposed under this chapter.
717+9 The department of local government finance shall prescribe the manner
718+10 in which the projection shall be calculated. The governing body shall
719+11 take into consideration the projection when adopting the revenue
720+12 spending plan under subsection (g).
721+13 (g) As part of the resolution described in subsection (a), the
722+14 governing body of the school corporation shall adopt a revenue
723+15 spending plan for the proposed referendum tax levy that includes:
724+16 (1) an estimate of the amount of annual revenue expected to be
725+17 collected if a levy is imposed under this chapter;
726+18 (2) the specific purposes for which the revenue collected from a
727+19 levy imposed under this chapter will be used;
728+20 (3) an estimate of the annual dollar amounts that will be expended
729+21 for each purpose described in subdivision (2); and
730+22 (4) for a resolution for a referendum that is adopted after May 10,
731+23 2023, for a county described in section 21(a) of this chapter, the
732+24 projected revenue that shall be distributed to charter schools as
733+25 provided in subsections (f) and (i). The revenue spending plan
734+26 shall also take into consideration deviations in the proposed
735+27 revenue spending plan if the actual charter school distributions
736+28 exceed or are lower than the projected charter school distributions
737+29 described in subsection (f). The resolution shall include for each
738+30 charter school that elects to participate under subsection (i)
739+31 information described in subdivisions (1) through (3).
740+32 (h) A school corporation shall specify in its proposed budget the
741+33 school corporation's revenue spending plan adopted under subsection
742+34 (g) and annually present the revenue spending plan at its public hearing
743+35 on the proposed budget under IC 6-1.1-17-3.
744+36 (i) This subsection applies to a resolution described in subsection
745+37 (a) for a county described in section 21(a) of this chapter that is
746+38 adopted after May 10, 2023. At least forty-five (45) days before the
747+39 resolution described in subsection (a) is voted on by the governing
748+40 body, the school corporation shall contact each charter school,
749+41 excluding virtual charter schools or adult high schools, disclosed by the
750+42 department to the school corporation under subsection (f) to determine
751+EH 1380—LS 6956/DI 110 17
752+1 whether the charter school will participate in the referendum. The
753+2 notice must include the total amount of the school corporation's
754+3 expected need, the corresponding estimate for that amount divided
755+4 by the number of students enrolled in the school corporation, and
756+5 the date on which the governing body of the school corporation will
757+6 vote on the resolution. The charter school must respond in writing to
758+7 the school corporation, which may be by electronic mail addressed
759+8 to the superintendent of the school corporation, at least fifteen (15)
760+9 days prior to the date that the resolution described in subsection (a) is
761+10 to be voted on by the governing body. If the charter school elects to not
762+11 participate in the referendum, the school corporation may exclude
763+12 distributions to the charter school under section 21 of this chapter and
764+13 from the projection described in subsection (f). If the charter school
765+14 elects to participate in the referendum, the charter school may receive
766+15 distributions under section 21 of this chapter and must be included in
767+16 the projection described in subsection (f). In addition, a charter school
768+17 that elects to participate in the referendum under this subsection shall
769+18 contribute a proportionate share of the cost to conduct the referendum
770+19 based on the total combined ADM of the school corporation and any
771+20 participating charter schools.
772+21 (j) This subsection applies to a resolution described in subsection
773+22 (a) for a county described in section 21(a) of this chapter that is
774+23 adopted after May 10, 2023. At least thirty (30) days before the
775+24 resolution described in subsection (a) referendum submitted to the
776+25 voters under this chapter is voted on by the governing body, public
777+26 in a primary or general election, the school corporation that is
778+27 pursuing the resolution referendum and any charter school that has
779+28 elected to participate under subsection (i), shall post a referendum
780+29 disclosure statement on each school's respective website that contains
781+30 the following information:
782+31 (1) The salaries of all employees employed by position within the
783+32 school corporation or charter school listed from highest salary to
784+33 lowest salary and a link to Gateway Indiana for access to
785+34 individual salaries.
786+35 (2) An acknowledgment that the school corporation or charter
787+36 school is not committing any crime described in IC 35-44.1-1.
788+37 (3) A link to the school corporation's or charter school's most
789+38 recent state board of accounts audit on the state board of accounts'
790+39 website.
791+40 (4) The current enrollment of the school corporation or charter
792+41 school disaggregated by student group and race.
793+42 (5) The school corporation's or charter school's high school
794+EH 1380—LS 6956/DI 110 18
795+1 graduation rate.
796+2 (6) The school corporation's or charter school's annual retention
797+3 rate for teachers for the previous five (5) years.
798+4 SECTION 19. IC 20-46-9-6, AS AMENDED BY P.L.189-2023,
799+5 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
800+6 UPON PASSAGE]: Sec. 6. (a) Subject to this chapter, the governing
801+7 body of a school corporation may adopt a resolution to place a
802+8 referendum under this chapter on the ballot if the governing body of the
803+9 school corporation determines that a referendum levy should be
804+10 imposed for measures to improve school safety as described in
805+11 IC 20-40-20-6(a) or IC 20-40-20-6(b).
806+12 (b) Except as provided in section 22 of this chapter, a school
807+13 corporation may, with the approval of the majority of members of the
808+14 governing body, distribute a portion of the proceeds of a tax levy
809+15 collected under this chapter that is deposited in the fund to a charter
810+16 school, excluding a virtual charter school, that is located within the
811+17 attendance area of the school corporation, to be used by the charter
812+18 school for the purposes described in IC 20-40-20-6(a).
813+19 (c) This subsection applies to a resolution described in subsection
814+20 (a) that is adopted after May 10, 2023, in a county described in section
815+21 22(a) of this chapter. A resolution shall specify that a portion of the
816+22 proceeds of the proposed levy will be distributed to applicable charter
817+23 schools in the manner described under section 22 of this chapter if the
818+24 charter school voluntarily elects to participate in the referendum in the
819+25 manner described in subsection (i).
820+26 (d) This subsection applies to a resolution described in subsection
821+27 (a) that is adopted after May 10, 2023, in a county described in section
822+28 22(a) of this chapter. The resolution described in subsection (a) shall
823+29 include a projection of the amount that the school corporation expects
824+30 to be distributed to a particular charter school, excluding virtual charter
825+31 schools or adult high schools, under section 22 of this chapter that
826+32 elects to participate in the referendum under subsection (i). At least
827+33 sixty (60) days before the resolution described in subsection (a) is
828+34 voted on by the governing body, the school corporation shall contact
829+35 the department to determine the number of students in kindergarten
830+36 through grade 12 who have legal settlement in the school corporation
831+37 but attend a charter school, excluding virtual charter schools or adult
832+38 high schools, and who receive not more than fifty percent (50%) virtual
833+39 instruction. The department shall provide the school corporation with
834+40 the number of students with legal settlement in the school corporation
835+41 who attend a charter school, which shall be disaggregated for each
836+42 particular charter school, excluding a virtual charter school or adult
837+EH 1380—LS 6956/DI 110 19
838+1 high school. The projection may include an expected increase in
839+2 charter schools during the term the levy is imposed. The department of
840+3 local government finance shall prescribe the manner in which the
841+4 projection shall be calculated. The governing body shall take into
842+5 consideration the projection when adopting the revenue spending plan
843+6 under subsection (g).
844+7 (e) The governing body of the school corporation shall certify a
845+8 copy of the resolution to the following:
846+9 (1) The department of local government finance, including:
847+10 (A) the language for the question required by section 9 of this
848+11 chapter, or in the case of a resolution to extend a referendum
849+12 levy certified to the department of local government finance,
850+13 section 10 of this chapter; and
851+14 (B) a copy of the revenue spending plan adopted under
852+15 subsection (g).
853+16 The language of the public question must include the estimated
854+17 average percentage increases certified by the county auditor under
855+18 section 9(d) or 10(f) of this chapter, as applicable. The governing
856+19 body of the school corporation shall also provide the county
857+20 auditor's certification described in section 9(d) or 10(f) of this
858+21 chapter, as applicable. The department of local government
859+22 finance shall post the values certified by the county auditor to the
860+23 department's website. The department shall review the language
861+24 for compliance with section 9 or 10 of this chapter, whichever is
862+25 applicable, and either approve or reject the language. The
863+26 department shall send its decision to the governing body of the
864+27 school corporation not more than ten (10) days after the resolution
865+28 is submitted to the department. If the language is approved, the
866+29 governing body of the school corporation shall certify a copy of
867+30 the resolution, including the language for the question and the
868+31 department's approval.
869+32 (2) The county fiscal body of each county in which the school
870+33 corporation is located (for informational purposes only).
871+34 (3) The circuit court clerk of each county in which the school
872+35 corporation is located.
873+36 (f) Except as provided in section 22 of this chapter, the resolution
874+37 described in subsection (a) must indicate whether proceeds in the
875+38 school corporation's fund collected from a tax levy under this chapter
876+39 will be used to provide a distribution to a charter school or charter
877+40 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
878+41 well as the amount that will be distributed to the particular charter
879+42 school or charter schools. A school corporation may request from the
880+EH 1380—LS 6956/DI 110 20
881+1 designated charter school or charter schools any financial
882+2 documentation necessary to demonstrate the financial need of the
883+3 charter school or charter schools.
884+4 (g) As part of the resolution described in subsection (a), the
885+5 governing body of the school corporation shall adopt a revenue
886+6 spending plan for the proposed referendum tax levy that includes:
887+7 (1) an estimate of the amount of annual revenue expected to be
888+8 collected if a levy is imposed under this chapter;
889+9 (2) the specific purposes described in IC 20-40-20-6 for which the
890+10 revenue collected from a levy imposed under this chapter will be
891+11 used;
892+12 (3) an estimate of the annual dollar amounts that will be expended
893+13 for each purpose described in subdivision (2); and
894+14 (4) for a resolution for a referendum that is adopted after May 10,
895+15 2023, for a county described in section 22(a) of this chapter, the
896+16 projected revenue that shall be distributed to charter schools as
897+17 provided in subsection (d). The revenue spending plan shall also
898+18 take into consideration deviations in the proposed revenue
899+19 spending plan if the actual charter school distributions exceed or
900+20 are lower than the projected charter school distributions described
901+21 in subsection (d). The resolution shall include for each charter
902+22 school that elects to participate under subsection (i) information
903+23 described in subdivisions (1) through (3).
904+24 (h) A school corporation shall specify in its proposed budget the
905+25 school corporation's revenue spending plan adopted under subsection
906+26 (g) and annually present the revenue spending plan at its public hearing
907+27 on the proposed budget under IC 6-1.1-17-3.
908+28 (i) This subsection applies to a resolution described in subsection
909+29 (a) for a county described in section 22(a) of this chapter that is
910+30 adopted after May 10, 2023. At least forty-five (45) days before the
911+31 resolution described in subsection (a) is voted on by the governing
912+32 body, the school corporation shall contact each charter school,
913+33 excluding virtual charter schools or adult high schools, disclosed by the
914+34 department to the school corporation under subsection (f) to determine
915+35 whether the charter school will participate in the referendum. The
916+36 notice must include the total amount of the school corporation's
917+37 expected need, the corresponding estimate of that amount divided
918+38 by the number of students enrolled in the school corporation, and
919+39 the date on which the governing body of the school corporation will
920+40 vote on the resolution. The charter school must respond in writing to
921+41 the school corporation, which may be by electronic mail addressed
922+42 to the superintendent of the school corporation, at least fifteen (15)
923+EH 1380—LS 6956/DI 110 21
924+1 days prior to the date that the resolution described in subsection (a) is
925+2 to be voted on by the governing body. If the charter school elects to not
926+3 participate in the referendum, the school corporation may exclude
927+4 distributions to the charter school under section 22 of this chapter and
928+5 from the projection described in subsection (d). If the charter school
929+6 elects to participate in the referendum, the charter school may receive
930+7 distributions under section 22 of this chapter and must be included in
931+8 the projection described in subsection (d). In addition, a charter school
932+9 that elects to participate in the referendum under this subsection shall
933+10 contribute a proportionate share of the cost to conduct the referendum
934+11 based on the total combined ADM of the school corporation and any
935+12 participating charter schools.
936+13 (j) This subsection applies to a resolution described in subsection
937+14 (a) for a county described in section 22(a) of this chapter that is
938+15 adopted after May 10, 2023. At least thirty (30) days before the
939+16 resolution described in subsection (a) referendum submitted to the
940+17 voters under this chapter is voted on by the governing body, public
941+18 in a primary or general election, the school corporation that is
942+19 pursuing the resolution referendum and any charter school that has
943+20 elected to participate under subsection (i), shall post a referendum
944+21 disclosure statement on each school's respective website that contains
945+22 the following information:
946+23 (1) The salaries of all employees employed by position within the
947+24 school corporation or charter school listed from highest salary to
948+25 lowest salary and a link to Gateway Indiana for access to
949+26 individual salaries.
950+27 (2) An acknowledgment that the school corporation or charter
951+28 school is not committing any crime described in IC 35-44.1-1.
952+29 (3) A link to the school corporation's or charter school's most
953+30 recent state board of accounts audit on the state board of accounts'
954+31 website.
955+32 (4) The current enrollment of the school corporation or charter
956+33 school disaggregated by student group and race.
957+34 (5) The school corporation's or charter school's high school
958+35 graduation rate.
959+36 (6) The school corporation's or charter school's annual retention
960+37 rate for teachers for the previous five (5) years.
961+38 SECTION 20. IC 20-51-1-5, AS AMENDED BY P.L.201-2023,
962+39 SECTION 216, IS AMENDED TO READ AS FOLLOWS
963+40 [EFFECTIVE JULY 1, 2024]: Sec. 5. "Eligible student" refers to an
964+41 individual who:
965+42 (1) has legal settlement in Indiana;
966+EH 1380—LS 6956/DI 110 22
967+1 (2) is at least four (4) years of age and less than twenty-two (22)
968+2 years of age on the date in the school year specified in
969+3 IC 20-33-2-7; on October 1 of the applicable school year;
970+4 (3) either has been or is currently enrolled in a participating
971+5 school; and
972+6 (4) is a member of a household with an annual income of not
973+7 more than four hundred percent (400%) of the amount required
974+8 for the individual to qualify for the federal free or reduced price
975+9 lunch program.
976+10 SECTION 21. IC 20-51.4-2-4, AS ADDED BY P.L.165-2021,
977+11 SECTION 180, IS AMENDED TO READ AS FOLLOWS
978+12 [EFFECTIVE JULY 1, 2024]: Sec. 4. "Eligible student" refers to an
979+13 individual who:
980+14 (1) has legal settlement in Indiana;
981+15 (2) is at least five (5) years of age and less than twenty-two (22)
982+16 years of age on the date in the school year specified in
983+17 IC 20-33-2-7; on October 1 of the applicable school year;
984+18 (3) is a student with a disability at the time the account is
985+19 established who requires special education and for whom:
986+20 (A) an individualized education program;
987+21 (B) a service plan developed under 511 IAC 7-34; or
988+22 (C) a choice special education plan developed under 511
989+23 IAC 7-49;
990+24 has been developed; and
991+25 (4) meets the annual income qualification requirement for a
992+26 choice scholarship student under IC 20-51-1.
993+27 SECTION 22. IC 20-52-3-3, AS ADDED BY P.L.168-2022,
994+28 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
995+29 JULY 1, 2024]: Sec. 3. (a) To be considered an enrichment student, the
996+30 student must at a minimum:
997+31 (1) have experienced learning loss;
998+32 (2) have fallen behind in acquiring anticipated grade level
999+33 academic skills and knowledge;
1000+34 (3) have scored below academic standards or average
1001+35 benchmarks; or
1002+36 (4) be at risk of falling below academic standards.
1003+37 However, the department may establish more stringent criteria for
1004+38 determining eligibility for a grant under this article.
1005+39 (b) For each school year, the department shall determine, based on
1006+40 the amount of funds available for the program, the number of grants
1007+41 that the department will award under the program. The number of
1008+42 applications approved and the number of grants awarded under this
1009+EH 1380—LS 6956/DI 110 23
1010+1 article by the department for the school year may not exceed the
1011+2 number determined by the department under this section.
1012+3 (c) Only federal funds may be used to award grants under this
1013+4 article. A grant may not be made under this article after funds received
1014+5 by the department from the Elementary and Secondary School
1015+6 Emergency Relief Fund (ESSER fund) are exhausted.
1016+7 SECTION 23. IC 20-52-4-2, AS AMENDED BY P.L.171-2023,
1017+8 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1018+9 JULY 1, 2024]: Sec. 2. (a) An enrichment student who currently
1019+10 maintains an account is entitled to a grant amount, the amount of which
1020+11 shall be subject to available funding and determined by the department.
1021+12 The department shall deposit the enrichment grant amount under this
1022+13 section into an enrichment student's account in a manner established by
1023+14 the department.
1024+15 (b) Except as provided in subsection (c), at the end of the year in
1025+16 which an account is established, the parent of an enrichment student
1026+17 may roll over for use in a subsequent year the amount available in the
1027+18 enrichment student's account.
1028+19 (c) The department shall determine the conditions under which
1029+20 an enrichment student's account shall terminate. October 1, 2024.
1030+21 SECTION 24. IC 20-52-7 IS REPEALED [EFFECTIVE JULY 1,
1031+22 2024]. (Expiration).
1032+23 SECTION 25. An emergency is declared for this act.
1033+EH 1380—LS 6956/DI 110 24
1034+COMMITTEE REPORT
1035+Mr. Speaker: Your Committee on Education, to which was referred
1036+House Bill 1380, has had the same under consideration and begs leave
1037+to report the same back to the House with the recommendation that said
1038+bill be amended as follows:
1039+Page 2, line 11, delete "an Indiana" and insert "a pilot program
1040+that provides innovative approaches concerning the use, operation,
1041+and management of school facilities to promote:
211042 (1) enhanced learning environments;
221043 (2) unique learning opportunities; and
23-(3) improved student academic and health outcomes.
24-SECTION 2. IC 20-19-3-33 IS ADDED TO THE INDIANA CODE
25-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26-1, 2024]: Sec. 33. Not later than November 1, 2024, the secretary of
27-education shall prepare and submit to the general assembly in an
28-electronic format under IC 5-14-6 a plan to establish a pilot
29-program that encompasses innovative approaches for increasing
30-transportation of students enrolled at a:
1044+(3) improved student academic and health outcomes.".
1045+Page 2, delete lines 12 through 19.
1046+Page 2, line 24, delete "the" and insert "a pilot program that
1047+encompasses innovative approaches for increasing transportation
1048+of students enrolled at a:
311049 (1) public school, including a charter school; or
321050 (2) nonpublic school with at least one (1) employee;
331051 to travel to and from a school or other learning opportunities in a
34-safe and efficient manner.
35-SECTION 3. IC 20-20-40-10, AS ADDED BY P.L.122-2013,
36-HEA 1380 — CC 1 2
37-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38-JULY 1, 2024]: Sec. 10. As used in this chapter, "time-out" means a
39-behavior reduction procedure in which access to reinforcement is
40-withdrawn for a certain period of time. Time-out occurs when the
41-ability of a student to receive normal reinforcement in the school
42-environment is restricted. The term does not include a supervised
43-time-out or scheduled break, as described in a student's
44-individualized education program.
45-SECTION 4. IC 20-20-40-12, AS AMENDED BY P.L.43-2021,
46-SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47-JULY 1, 2024]: Sec. 12. (a) The designee of the secretary of education
48-under section 11(b)(1) of this chapter serves as chairperson of the
49-commission.
50-(b) The commission shall meet at least annually biannually on the
51-call of the chairperson, and may meet as often as is necessary. The
52-chairperson shall provide not less than fourteen (14) days notice of a
53-meeting to the members of the commission and to the public.
54-(c) The affirmative votes of at least five (5) members of the
55-commission are necessary for the commission to take action. The votes
56-of the commission must be recorded.
57-(d) All commission meetings shall be open to the public, and each
58-meeting must include opportunities for public comment.
59-(e) The department shall provide staff support for the commission.
60-SECTION 5. IC 20-20-40-13, AS AMENDED BY P.L.250-2023,
61-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
62-JULY 1, 2024]: Sec. 13. (a) The commission has the following duties:
63-(1) To adopt rules concerning the following:
64-(A) The use of restraint and seclusion in a school corporation
65-or a state accredited nonpublic school, with an emphasis on
66-eliminating or minimizing the use of restraint and seclusion.
67-(B) The prevention of the use of types of restraint or seclusion
68-that may harm a student, a school employee, a school
69-volunteer, or the educational environment of the school.
70-(C) Requirements for notifying parents.
71-(D) Training regarding the use of restraint and seclusion,
72-including the frequency of training and what employees must
73-be trained.
74-(E) The distribution of the seclusion and restraint policy to
75-parents and the public.
76-(F) Requirements for the reporting of incidents of restraint and
77-seclusion in the annual school performance report, including
78-incidents of restraint and seclusion involving school resource
79-officers (as defined in IC 20-26-18.2-1).
80-(G) Circumstances that may require more timely incident
81-HEA 1380 — CC 1 3
82-reporting and the requirements for such reporting.
83-(2) To develop, maintain, and revise a model restraint and
84-seclusion plan for schools that includes the following elements:
85-(A) A statement on how students will be treated with dignity
86-and respect and how appropriate student behavior will be
87-promoted and taught.
88-(B) A statement ensuring that the school will use prevention,
89-positive behavior intervention and support, and conflict
90-de-escalation to eliminate or minimize the need for use of any
91-of the following:
92-(i) Seclusion.
93-(ii) Chemical restraint.
94-(iii) Mechanical restraint.
95-(iv) Physical restraint.
96-(v) Time-out.
97-(C) A statement ensuring that any behavioral intervention used
98-will be consistent with the student's most current behavioral
99-intervention plan, or individualized education program, if
100-applicable.
101-(D) Definitions for restraint and seclusion, as defined in this
102-chapter.
103-(E) A statement ensuring that if a procedure listed in clause
104-(B) is used, the procedure will be used:
105-(i) as a last resort safety procedure, employed only after
106-another, less restrictive procedure has been implemented
107-without success; and
108-(ii) in a situation in which there is an imminent risk of injury
109-to the student, other students, school employees, or visitors
110-to the school.
111-(F) An indication that restraint or seclusion may be used only
112-for a short time period, or until the imminent risk of injury has
113-passed.
114-(G) A documentation and recording requirement governing
115-instances in which procedures listed in clause (B) are used,
116-including:
117-(i) how every incident will be documented and debriefed;
118-(ii) how responsibilities will be assigned to designated
119-employees for evaluation and oversight; and
120-(iii) designation of a school employee to be the keeper of
121-such documents.
122-(H) A requirement that the student's parent must be notified as
123-soon as possible when an incident involving the student occurs
124-that includes use of procedures listed in clause (B).
125-(I) A requirement that a copy of an incident report must be
126-HEA 1380 — CC 1 4
127-sent to the student's parent after the student is subject to a
128-procedure listed in clause (B).
129-(J) Required recurrent training for appropriate school
130-employees on the appropriate use of effective alternatives to
131-physical restraint and seclusion, including the use of positive
132-behavioral intervention and support and conflict de-escalation.
133-The training must include the safe use of physical restraint and
134-seclusion in incidents involving imminent danger or serious
135-harm to the student, school employees, or others.
136-Consideration must be given to available school resources and
137-the time commitments of school employees.
138-(3) To accept and review reports from the public and make
139-nonbinding recommendations to the department of any suggested
140-action to be taken.
141-(4) To biannually provide a report to the state advisory
142-council on the education of children with disabilities
143-appointed under IC 20-35-3-1 regarding the:
144-(A) execution of the commission's duties under this section;
145-and
146-(B) review of incident reports under section 13.6 of this
147-chapter.
148-(b) The model policy developed by the commission must take into
149-consideration that implementation and reporting requirements for state
150-accredited nonpublic schools may vary, and the model plan must
151-provide state accredited nonpublic schools flexibility with regards to
152-accountability under and implementation of the plan adopted by a state
153-accredited nonpublic school under section 14 of this chapter.
154-(c) The commission will assist the department in enabling training
155-required by this section to be provided after June 30, 2024, through the
156-online platform established or licensed for use under IC 20-19-3-29, if
157-the online platform is established.
158-SECTION 6. IC 20-20-40-13.6, AS ADDED BY P.L.227-2017,
159-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160-JULY 1, 2024]: Sec. 13.6. (a) The department shall biannually review
161-incident reports under rules established by the commission under
162-IC 4-22-2 and submit summary findings to the commission in
163-compliance with the federal Family Educational Rights and Privacy Act
164-(20 U.S.C. 1232g and 34 CFR Part 99).
165-(b) The commission shall biannually review summary findings
166-submitted by the department under subsection (a) and may make
167-nonbinding recommendations to the department or other entities.
168-(c) If the department receives a recommendation from the
169-commission under subsection (b), the department shall provide the
170-commission a response with regard to the commission's
171-HEA 1380 — CC 1 5
172-recommendation in a manner prescribed by the department within a
173-reasonable time after the department receives the recommendation
174-from the commission.
175-SECTION 7. IC 20-25.7-4-5, AS AMENDED BY P.L.246-2023,
176-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
177-JULY 1, 2024]: Sec. 5. (a) The board shall enter into an agreement
178-with an innovation network team to establish an innovation network
179-school or to reconstitute an eligible school as an innovation network
180-school under section 3 or 4 of this chapter. An innovation network team
181-may consist of or include teachers, a principal, a superintendent, or any
182-combination of these individuals who were employed at the eligible
183-school before the agreement is entered.
184-(b) The terms of the agreement must specify the following:
185-(1) A statement that the innovation network school is considered
186-to be part of the school corporation and not considered a separate
187-local educational agency.
188-(2) A statement that the innovation network team authorizes the
189-department to include the innovation network school's
190-performance assessment results under IC 20-31-8 when
191-calculating the school corporation's performance assessment
192-under rules adopted by the state board.
193-(3) The amount of state and federal funding, including tuition
194-support, and money levied as property taxes that will be
195-distributed by the school corporation to the innovation network
196-school.
197-(4) The performance goals and accountability metrics agreed
198-upon for the innovation network school.
199-(5) Grounds for termination of the agreement, including the right
200-of termination if the innovation network team fails to:
201-(A) comply with the conditions or procedures established in
202-the agreement;
203-(B) meet generally accepted fiscal management and
204-government accounting principles;
205-(C) comply with applicable laws; or
206-(D) meet the educational goals set forth in the agreement
207-between the board and the innovation network team.
208-(6) For an agreement entered into or renewed after June 30, 2023,
209-the process the board is required to follow in determining whether
210-to renew the agreement.
211-(7) For an agreement entered into or renewed after June 30,
212-2024, and subject to section 9 of this chapter, the innovation
213-network school's enrollment and discipline policies, including
214-defined attendance areas and enrollment zones.
215-(c) If an agreement is entered into under subsection (a), the board
216-HEA 1380 — CC 1 6
217-shall notify the department that an agreement has been entered into
218-under this section within thirty (30) days after the agreement is entered
219-into.
220-(d) Upon receipt of the notification under subsection (c), for school
221-years starting after the date of the agreement:
222-(1) the department shall include the innovation network school's
223-performance assessment results under IC 20-31-8 when
224-calculating the school corporation's performance assessment
225-under rules adopted by the state board;
226-(2) the department shall treat the innovation network school in the
227-same manner as a school operated by the school corporation when
228-calculating the total amount of state and federal funding to be
229-distributed to the school corporation; and
230-(3) if requested by an innovation network school established
231-under IC 20-25.5-4-2(a)(2) (before its repeal) or
232-IC 20-25.7-4-4(a)(2), the department may use student growth as
233-the state board's exclusive means to determine the innovation
234-network school's category or designation of school improvement
235-under 511 IAC 6.2-10-10 for a period of three (3) years.
236-Beginning with the 2019-2020 school year, the department may
237-not use student growth as the state board's exclusive means to
238-determine an innovation network school's category or designation
239-of school improvement. This subdivision expires July 1, 2023.
240-A school corporation and an innovation network school are not entitled
241-to any state funding in addition to the amount the school corporation
242-and school would otherwise be eligible to receive if the innovation
243-network school were a public school maintained by the school
244-corporation.
245-(e) If a board or innovation network team fails to follow the renewal
246-process described in subsection (b)(6), the board or innovation network
247-team may appeal to the state board. The state board shall hear the
248-appeal in a public meeting and ensure that the board or innovation
249-network team follows the renewal process specified in the agreement.
250-The board may not terminate an agreement until the board has provided
251-evidence to the state board that the board has complied with the
252-renewal process specified in the agreement. The state board shall issue
253-a decision on an appeal under this subsection not later than sixty (60)
254-days after the date the board or innovation network team submitted the
255-appeal to the state board.
256-(f) If an administrative fee is included in an agreement entered into
257-or renewed after June 30, 2023, under this section, the fee may not
258-exceed one percent (1%) of the total amount of state tuition support
259-that is distributed to the school corporation based on the student
260-enrollment of the innovation network school.
261-HEA 1380 — CC 1 7
262-(g) An agreement entered into between the board and an
263-innovation network team under this section may not be altered
264-without written approval from the innovation network team.
265-SECTION 8. IC 20-25.7-4-6, AS AMENDED BY P.L.246-2023,
266-SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267-UPON PASSAGE]: Sec. 6. (a) For as long as an innovation network
268-team operates an innovation network school:
269-(1) the innovation network team may use the school building, the
270-accompanying real property, and the building's contents,
271-equipment, and supplies, as provided in the agreement established
272-under section 5 of this chapter;
273-(2) the school corporation may:
274-(A) provide transportation for students attending the
275-innovation network school; and
276-(B) maintain and repair the buildings and grounds consistent
277-with the maintenance and repair to the school corporation's
278-other buildings and grounds; and
279-(3) the innovation network team and the school corporation may
280-enter into an agreement to transfer the ownership of a school
281-corporation facility to the innovation network team; and
282-(4) the school corporation may not alter the use of the facility
283-occupied by the innovation network school without agreement
284-from the innovation network team.
285-(b) If an innovation network team contracts with a school
286-corporation for goods or services, the school corporation may not
287-charge the innovation network team more for the goods or services than
288-the school corporation pays for the goods or services. A school
289-corporation may not require an innovation network team to contract for
290-specific goods or services provided by the school corporation or any
291-other entity.
292-(c) A school corporation and an innovation network team may
293-negotiate to require specific services with regard to an innovation
294-network school during the term of an agreement. However, subject to
295-subsection (d), an innovation network team must be able to select the
296-service provider for the services.
297-(d) A school corporation may require an innovation network school
298-to:
299-(1) use the school corporation's student information system; and
300-(2) comply with the school corporation's networking,
301-cybersecurity, and device standards.
302-However, nothing in this subsection may be construed to allow a school
303-corporation to alter an innovation network team's autonomy to
304-determine the academic programming of the innovation network team's
305-school.
306-HEA 1380 — CC 1 8
307-(e) For as long as an innovation network team operates an
308-innovation network school, the school corporation may distribute
309-money levied as property taxes to the innovation network team.
310-Property taxes distributed to an innovation network team must be used
311-only for a purpose for which the property taxes could have been used
312-by the school corporation. Property taxes distributed under this
313-subsection may supplement services and property provided under
314-subsection (a) or (b). The parties may jointly modify an agreement
315-described in section 5 of this chapter to implement this subsection.
316-(f) An agreement concerning the transfer of ownership of a school
317-corporation facility to an innovation network team described in
318-subsection (a) is not subject to IC 20-26-7.1.
319-SECTION 9. IC 20-25.7-5-2, AS AMENDED BY P.L.201-2023,
320-SECTION 159, AND AS AMENDED BY P.L.246-2023, SECTION
321-31, AND AS AMENDED BY THE TECHNICAL CORRECTIONS
322-BILL OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
323-AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
324-PASSAGE]: Sec. 2. (a) The board may enter into an agreement with an
325-organizer to reconstitute an eligible school as a participating innovation
326-network charter school or to establish a participating innovation
327-network charter school at a location selected by the board within the
328-boundary of the school corporation. Notwithstanding IC 20-26-7.1, a
329-participating innovation network charter school may be established
330-within a vacant school building.
331-(b) The terms of the agreement entered into between the board and
332-an organizer must specify the following:
333-(1) A statement that the organizer authorizes the department to
334-include the charter school's performance assessment results under
335-IC 20-31-8 when calculating the school corporation's performance
336-assessment under rules adopted by the state board.
337-(2) The amount of state funding, including tuition support
338-Subject to an administrative fee as described in subsection (g),
339-a statement that the school corporation will distribute at least
340-one hundred percent (100%) of state tuition support dollars
341-that the school corporation receives from student enrollment
342-in the participating innovation network charter school in
343-accordance with the school funding formula to the
344-participating innovation network charter school (if the
345-participating innovation network charter school is treated in the
346-same manner as a school operated by the school corporation
347-under subsection (d)(2)). and money levied as property taxes that
348-will be distributed by the school corporation to the organizer.
349-(3) The performance goals and accountability metrics agreed
350-upon for the charter school in the charter agreement between the
351-HEA 1380 — CC 1 9
352-organizer and the authorizer and a statement that the school
353-corporation is prohibited from setting additional performance
354-goals or accountability metrics.
355-(4) For an agreement entered into or renewed after June 30,
356-2023, the process the board is required to follow in determining
357-whether to renew the agreement.
358-(5) The amount of money levied as property taxes that will be
359-distributed by the school corporation to the organizer.
360-(6) Subject to section 5 of this chapter, the participating
361-innovation network charter school's enrollment and discipline
362-policies, including defined attendance areas and enrollment
363-zones.
364-(7) A statement that the innovation agreement shall not create
365-an obligation that would cause the organizer to be in violation
366-of its charter agreement (as described in IC 20-24-1-3).
367-(c) If an organizer and the board enter into an agreement under
368-subsection (a), the organizer and the board shall notify the department
369-that the agreement has been made under this section within thirty (30)
370-days after the agreement is entered into.
371-(d) Upon receipt of the notification under subsection (c), for school
372-years starting after the date of the agreement:
373-(1) the department shall include the participating innovation
374-network charter school's performance assessment results under
375-IC 20-31-8 when calculating the school corporation's performance
376-assessment under rules adopted by the state board;
377-(2) the department shall treat the participating innovation network
378-charter school in the same manner as a school operated by the
379-school corporation when calculating the total amount of state
380-funding to be distributed to the school corporation unless
381-subsection (e) applies; and
382-(3) if requested by a participating innovation network charter
383-school that reconstitutes an eligible school, the department may
384-use student growth as the state board's exclusive means to
385-determine the innovation network charter school's category or
386-designation of school improvement under 511 IAC 6.2-10-10 for
387-a period of three (3) years. Beginning with the 2019-2020 school
388-year, the department may not use student growth as the state
389-board's exclusive means to determine an innovation network
390-charter school's category or designation of school improvement.
391-This subdivision expires July 1, 2023.
392-(e) If a participating innovation network school was established
393-before January 1, 2016, and for the current school year has a
394-complexity index that is greater than the complexity index for the
395-school corporation that the innovation network school has contracted
396-HEA 1380 — CC 1 10
397-with, the innovation network school shall be treated as a charter school
398-for purposes of determining tuition support. This subsection expires
399-June 30, 2023. 2025.
400-(f) If the board or organizer fails to follow the process described in
401-subsection (b)(4), the board or organizer may appeal to the state
402-board. The state board shall hear the appeal in a public meeting and
403-ensure that the board or organizer follows the renewal process
404-specified in the agreement. The board may not terminate an agreement
405-until the board has provided evidence to the state board that the board
406-has complied with the renewal process specified in the agreement. The
407-state board shall issue a decision on an appeal under this subsection
408-not later than sixty (60) days after the date the board or organizer
409-submitted the appeal to the state board.
410-(g) If an administrative fee is included in an agreement entered into
411-or renewed after June 30, 2023, under this section, the fee may not
412-exceed one percent (1%) of the total amount of state tuition support
413-that is distributed to the school corporation based on the participating
414-innovation network charter school's student enrollment.
415-(h) An agreement entered into between the board and an
416-organizer under this section may not be altered without written
417-approval from the organizer.
418-SECTION 10. IC 20-25.7-5-3, AS AMENDED BY P.L.246-2023,
419-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
420-UPON PASSAGE]: Sec. 3. (a) For as long as a charter school remains
421-a participating innovation network charter school: the school
422-corporation may:
423-(1) the school corporation may provide transportation for
424-students attending the participating innovation network charter
425-school;
426-(2) the school corporation may maintain and repair the
427-buildings and grounds used by the participating innovation
428-network charter school consistent with the maintenance and repair
429-to the school corporation's other buildings and grounds; and
430-(3) the school corporation may enter into an agreement to
431-transfer the ownership of a school corporation facility to the
432-organizer; and
433-(4) the school corporation may not alter the use of the facility
434-occupied by the participating innovation network charter
435-school without agreement from the organizer.
436-(b) If an organizer contracts with a school corporation for goods or
437-services, the school corporation may not charge the organizer more for
438-the goods or services than the school corporation pays for the goods or
439-services. A school corporation may not require an organizer to contract
440-for specific goods or services provided by the school corporation or any
441-HEA 1380 — CC 1 11
442-other entity.
443-(c) A school corporation and an organizer may negotiate to require
444-specific services with regard to a participating innovation network
445-charter school during the term of an agreement. However, an organizer
446-must be able to select the service provider for the services.
447-(d) For as long as a charter school remains a participating
448-innovation network charter school, the school corporation may
449-distribute money levied as property taxes to the charter school. Property
450-taxes distributed to a charter school must be used only for a purpose for
451-which the property taxes could have been used by the school
452-corporation. Property taxes distributed under this subsection may
453-supplement services and property provided under subsection (a) or (b).
454-The parties may jointly modify an agreement described in section 2 of
455-this chapter to implement this subsection.
456-(e) An agreement concerning the transfer of ownership of a school
457-corporation facility described in subsection (a) is not subject to
458-IC 20-26-7.1.
459-(f) Unless an agreement entered into before July 1, 2024,
460-between a board and an organizer provides otherwise, a school
461-corporation may not charge an organizer an amount for goods and
462-services that is greater than the amount of the operations fund
463-property tax levy the organizer receives under IC 20-46-8-11.2 for
464-the participating innovation network charter school.
465-SECTION 11. IC 20-25.7-5-6 IS ADDED TO THE INDIANA
466-CODE AS A NEW SECTION TO READ AS FOLLOWS
467-[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) Subject to an
468-administrative fee as described in section 2(g) of this chapter, a
469-school corporation that enters into an agreement with an organizer
470-under this chapter shall distribute at least one hundred percent
471-(100%) of state tuition support dollars that the school corporation
472-receives from student enrollment in the participating innovation
473-network charter school in accordance with the school funding
474-formula to the participating innovation network charter school.
475-(b) Unless an agreement entered into before July 1, 2024,
476-between a board and an organizer provides otherwise, all
477-participating innovation network charter schools operating under
478-existing agreements with boards as of July 1, 2024, will receive
479-funds as required under subsection (a).
480-SECTION 12. IC 20-26-11-6, AS AMENDED BY P.L.30-2010,
481-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
482-JULY 1, 2024]: Sec. 6. (a) A school corporation may accept a
483-transferring student without approval of the transferor corporation
484-under section 5 of this chapter.
485-(b) A transfer may be accepted regardless of whether, as a condition
486-HEA 1380 — CC 1 12
487-of the transfer, the transferee school requires the requesting parents or
488-student to pay transfer tuition in an amount determined under the
489-formula established in section 13 of this chapter for the payment of
490-transfer tuition by a transferor school corporation. However, if the
491-transferee school elects to charge transfer tuition, the transferee school
492-may not offset the amounts described in section 13(b) STEP TWO (B)
493-through section 13(b) STEP TWO (D) of this chapter from the amount
494-charged to the requesting parents or student.
495-(c) When the transferee school elects to charge tuition to the
496-requesting parents or student, the tuition determined under subsection
497-(b) must be paid by the parents or the student before the end of the
498-school year in installments as determined by the transferee corporation.
499-(d) Failure to pay a tuition installment that is agreed to by the
500-parents or student and the transferee school corporation is a ground for
501-exclusion from school.
502-(e) If the transferee school elects not to charge transfer tuition to the
503-parents or student under this section, the transferee school may not
504-charge transfer tuition or fees to the transferor school.
505-(b) A transferee corporation may not require a parent or
1052+safe and efficient manner.".
1053+Page 2, delete lines 25 through 32.
1054+Page 3, line 5, delete "Except in the case of a charter school".
1055+Page 3, line 6, delete "corporation,".
1056+Page 3, line 6, delete "the" and insert "The".
1057+Page 3, line 32, after "examiner." insert "A consolidated audit
1058+must include a breakdown of the activities, financial position, and
1059+functional expenses of the school.".
1060+Page 3, delete lines 36 through 42.
1061+Page 4, delete lines 1 through 24.
1062+Page 5, line 31, delete "For" and insert "Subject to an
1063+administrative fee as described in subsection (f), for".
1064+Page 6, reset in roman lines 35 through 39.
1065+Page 6, line 40, delete "(f)" and insert "(g)".
1066+Page 8, line 13, after "services" insert "for which funds from the
1067+school corporation's property tax levy (IC 20-46-8) are paid for the
1068+school corporation".
1069+Page 8, line 15, delete "operating" and insert "operations".
1070+Page 8, line 16, delete "IC 20-46-1" and insert "IC 20-46-8".
1071+Page 8, line 18, after "transfers" delete "the" and insert "a".
1072+Page 8, line 19, delete "described in subdivision (1)".
1073+Page 8, line 20, after "fund" insert "under IC 20-40-3".
1074+Page 8, line 24, delete "A" and insert "Subject to an administrative
1075+EH 1380—LS 6956/DI 110 25
1076+fee as described in section 5(f) of this chapter, a".
1077+Page 9, line 11, delete "A" and insert "Subject to an administrative
1078+fee as described in subsection (g), a".
1079+Page 11, reset in roman lines 8 through 12.
1080+Page 11, line 13, delete "(g)" and insert "(h)".
1081+Page 12, line 15, after "services" insert "for which funds from the
1082+school corporation's property tax levy (IC 20-46-8) are paid for the
1083+school corporation".
1084+Page 12, line 17, delete "operating" and insert "operations".
1085+Page 12, line 18, delete "IC 20-46-1" and insert "IC 20-46-8".
1086+Page 12, line 20, after "transfers" delete "the" and insert "a".
1087+Page 12, line 21, delete "described in subdivision (1)".
1088+Page 12, line 22, after "fund" insert "under IC 20-40-3".
1089+Page 12, line 26, delete "A" and insert "Subject to an
1090+administrative fee as described in section 2(g) of this chapter, a".
1091+Page 13, line 34, reset in roman "(a)".
1092+Page 14, between lines 13 and 14, begin a new paragraph and insert:
1093+"(b) A transferee corporation may not require a parent or
5061094 student requesting transfer to the school corporation to pay
5071095 transfer tuition or any other fee associated with the transfer of the
508-student.
509-SECTION 13. IC 20-26-11-6.7, AS AMENDED BY P.L.92-2020,
510-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
511-JULY 1, 2024]: Sec. 6.7. (a) This section:
512-(1) applies to a school corporation that does not have a policy of
513-accepting transfer students having legal settlement outside the
514-attendance area of the transferee school corporation; and
515-(2) does not apply to a school corporation that has more than one
516-(1) high school.
517-(b) Notwithstanding this chapter, a school corporation shall accept
518-a transferring student who resides in Indiana and who does not have
519-legal settlement in the school corporation if:
520-(1) the student attended a state accredited nonpublic elementary
521-school located in the attendance area of the transferee school
522-corporation for at least two (2) school years immediately
523-preceding the school year in which the student transfers to a high
524-school in the transferee school corporation under this section;
525-(2) the student is transferring because the state accredited
526-nonpublic school from which the student is transferring does not
527-offer grades 9 through 12; and
528-(3) the majority of the students in the same grade as the
529-transferring student at the state accredited nonpublic school have
530-legal settlement in the transferee school corporation and will
531-HEA 1380 — CC 1 13
532-attend a school under the authority of the transferee school
533-corporation; and
534-(4) (3) the transferee school corporation has the capacity to accept
535-students.
536-(c) If the number of students who request to transfer to a transferee
537-school corporation under this section causes the school corporation to
538-exceed the school corporation's maximum student capacity, the
539-governing body shall determine which students will be admitted as
540-transfer students by a random drawing in a public meeting.
541-SECTION 14. IC 20-27-12.1-2, AS ADDED BY P.L.155-2020,
542-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
543-JULY 1, 2024]: Sec. 2. As used in this chapter, "career and technical
544-education" has the meaning set forth in IC 20-20-38-1. refers to:
545-(1) an apprenticeship program (as defined in IC 20-43-8-0.3);
546-(2) a career and technical education (as defined in
547-IC 20-20-38-1) program;
548-(3) a modern youth apprenticeship (as defined in
549-IC 20-51.4-2-9.5); and
550-(4) a work based learning course (as defined in
551-IC 20-43-8-0.7).
552-SECTION 15. IC 20-32-8.7-5, AS AMENDED BY P.L.171-2023,
553-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
554-JULY 1, 2024]: Sec. 5. (a) Subject to available funding, the student
555-learning recovery grant program is established to provide grants to an
556-eligible entity for the purpose of providing recovery learning and
557-remediation to students in kindergarten through grade 12 who:
558-(1) have experienced learning loss;
559-(2) have fallen behind in acquiring anticipated grade level
560-academic skills and knowledge;
561-(3) have scored below academic standards or average
562-benchmarks; or
563-(4) are at risk of falling below academic standards.
564-due to the disruption in student education caused by the coronavirus
565-disease (COVID-19) pandemic and insufficient instructional
566-alternatives.
567-(b) The department shall administer the program.
568-(c) The department may award grants to eligible entities under the
569-program. in state fiscal year 2024 and state fiscal year 2025 from funds
570-appropriated during the 2021 regular session of the Indiana general
571-assembly that have not been obligated.
572-SECTION 16. IC 20-32-8.7-7, AS AMENDED BY P.L.171-2023,
573-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
574-JULY 1, 2024]: Sec. 7. (a) To be eligible to receive a grant under this
575-chapter, an eligible entity must do the following:
576-HEA 1380 — CC 1 14
577-(1) Apply on a form and in a manner established by the
578-department.
579-(2) Apply by a date established by the department.
580-(3) Develop and submit to the department a student learning
581-recovery plan that meets the requirements in section 8 of this
582-chapter and any other requirements established by the department.
583-including a requirement that a school corporation or charter
584-school identified in the plan provide a matching grant in an
585-amount determined by the department.
586-(4) Specify the amount requested in the student learning recovery
587-plan submitted by the eligible entity under subdivision (3).
588-(b) If a school corporation or charter school is required to provide
589-a matching grant as part of a student learning recovery plan, the
590-matching grant may only consist of federal funds received by the
591-school corporation or charter school.
592-SECTION 17. IC 20-32-8.7-8, AS AMENDED BY P.L.216-2021,
593-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
594-JULY 1, 2024]: Sec. 8. (a) To be eligible to receive a grant under this
595-chapter, an eligible entity must develop and submit to the department
596-a student learning recovery plan to provide recovery learning to
597-students of the eligible entity described in section 5(a) of this chapter.
598-(b) A plan developed under subsection (a) must do the following:
599-(1) Address learning loss associated with the purpose of the
600-program described in section 5(a) of this chapter.
601-(2) Identify metrics to measure learning recovery under the
602-program as well as the proposed measurable and specific
603-improvements to be made to demonstrate learning recovery.
604-(3) Provide for recovery learning to be offered in an in person
605-setting, and may not offer recovery learning in a virtual setting.
606-(4) Include requirements that if the eligible entity receives any
607-federal grants or money for a similar purpose in which the eligible
608-entity is requesting a grant under this chapter, the eligible entity
609-must use the federal grant or money before using any grant money
610-awarded by the department under section 9 of this chapter.
611-SECTION 18. IC 20-32-8.7-13, AS AMENDED BY P.L.171-2023,
612-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
613-JULY 1, 2024]: Sec. 13. (a) Not later than July 1 2023, and July 1,
614-2024, of each year, the department shall prepare an annual report that
615-includes the following:
616-(1) A list of all of the eligible entities that participated in the
617-program.
618-(2) The amount of the grant awarded to each participating eligible
619-entity.
620-(3) The total amount of grants awarded under this chapter.
621-HEA 1380 — CC 1 15
622-(b) The department shall submit the report described in subsection
623-(a) to the:
624-(1) governor; and
625-(2) legislative council in an electronic format under IC 5-14-6.
626-SECTION 19. IC 20-32-8.7-15 IS REPEALED [EFFECTIVE JULY
627-1, 2024]. Sec. 15. There is appropriated to the fund one hundred fifty
628-million dollars ($150,000,000) from the state general fund for the
629-purposes of providing grants under this chapter for the state fiscal year
630-beginning July 1, 2020, and ending June 30, 2021. Funds appropriated
631-under this section do not revert to the state general fund and remain
632-available to be spent for purposes of the program.
633-SECTION 20. IC 20-32-8.7-16 IS REPEALED [EFFECTIVE JULY
634-1, 2024]. Sec. 16. This chapter expires July 1, 2025.
635-SECTION 21. IC 20-33-2-17, AS ADDED BY P.L.1-2005,
636-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
637-JULY 1, 2024]: Sec. 17. The governing body of a school corporation,
638-the organizer of a charter school, or the chief administrative officer
639-of a nonpublic school system shall authorize the absence and excuse of
640-each secondary school student who is:
641-(1) not a habitual truant (as defined in IC 20-18-2-6.5); and
642-(2) ordered to active duty with the armed forces of the United
643-States, including their reserve components, or the Indiana
644-National Guard for not more than ten (10) at least fifteen (15)
645-days in a school year.
646-However, the governing body of a school corporation, the
647-organizer of a charter school, or the chief administrative officer of
648-a nonpublic school system may authorize additional excused
649-absences for additional military training. For verification, the
650-student must submit to school authorities a copy of the orders to active
651-duty and a copy of the orders releasing the student from active duty. A
652-student excused from school attendance under this section may not be
653-recorded as being absent on any date for which the excuse is operative
654-and may not be penalized by the school in any manner.
655-SECTION 22. IC 20-35-2-1, AS AMENDED BY P.L.43-2021,
656-SECTION 114, IS AMENDED TO READ AS FOLLOWS
657-[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is established under the
658-state board a division of special education. The division shall exercise
659-all the power and duties set out in this chapter, IC 20-35-3 through
660-IC 20-35-6, and IC 20-35-8.
661-(b) The governor shall appoint, upon the recommendation of the
662-secretary of education, a director of special education who serves at the
663-pleasure of the governor. The amount of compensation of the director
664-shall be determined by the budget agency with the approval of the
665-governor. The director has the following duties:
666-HEA 1380 — CC 1 16
667-(1) To do the following:
668-(A) Have general supervision of special education programs
669-and services, including those conducted by school
670-corporations, charter schools, the Indiana School for the Blind
671-and Visually Impaired, the Indiana School for the Deaf, the
672-department of correction, and the division of mental health and
673-addiction to ensure compliance with federal and state special
674-education laws and rules.
675-(B) Take appropriate action to ensure school corporations,
676-charter schools, and the department remain eligible for federal
677-special education funds.
678-(C) Oversee the training of hearing officers and establish
679-guidelines as described in IC 20-35-14-5.
680-(2) With the consent of the secretary of education and the budget
681-agency, to appoint and determine salaries for any assistants and
682-other personnel needed to enable the director to accomplish the
683-duties of the director's office.
684-SECTION 23. IC 20-35-14 IS ADDED TO THE INDIANA CODE
685-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
686-JULY 1, 2024]:
687-Chapter 14. Employment of Independent Hearing Officers
688-Sec. 1. As used in this chapter, "IDEA" refers to the federal
689-Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
690-Sec. 2. As used in this chapter, "office" has the meaning set
691-forth in IC 4-15-10.5-6.
692-Sec. 3. (a) The office has jurisdiction over hearing officers
693-authorized to conduct hearings required by the IDEA.
694-(b) The office is granted jurisdiction to conduct hearings
695-described in subsection (a) as permitted under IC 4-15-10.5-12.
696-Sec. 4. Not later than August 1, 2024, the department and the
697-office shall enter into a memorandum of understanding regarding
698-the transition to hearing officers employed by the office as
699-full-time, salaried, state employees to act as and satisfy the
700-requirements regarding independent hearing officers under the
701-IDEA.
702-Sec. 5. The director of special education appointed under
703-IC 20-35-2-1 shall:
704-(1) oversee the training of hearing officers; and
705-(2) establish guidelines for hearing officers who conduct
706-hearings under this chapter, including guidelines to ensure
707-compliance with state and federal special education laws and
708-rules.
709-Sec. 6. The office shall:
710-(1) determine the cost of conducting hearings under this
711-chapter; and
712-HEA 1380 — CC 1 17
713-(2) after July 1, 2025, assess each school corporation and
714-charter school in the state, based on the weighted ADM count,
715-a fee that is sufficient to cover the costs determined under
716-subdivision (1).
717-SECTION 24. IC 20-40-18-8, AS ADDED BY P.L.244-2017,
718-SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
719-JULY 1, 2024]: Sec. 8. (a) A school corporation shall use the
720-operations fund to pay the transportation costs attributable to
721-transportation of school children as specified in subsection (b).
722-(b) Only the following costs are payable from the fund:
723-(1) Salaries paid to bus drivers, transportation supervisors,
724-mechanics and garage employees, clerks, and other transportation
725-related employees.
726-(2) Contracted transportation services.
727-(3) Wages of independent contractors.
728-(4) Contracts with common carriers.
729-(5) Student fares.
730-(6) Transportation related insurance.
731-(7) Transportation of school children to:
732-(A) an apprenticeship program (as defined in
733-IC 20-43-8-0.3);
734-(B) a career and technical education (as defined in
735-IC 20-20-38-1) program;
736-(C) a modern youth apprenticeship (as defined in
737-IC 20-51.4-2-9.5); and
738-(D) a work based learning course (as defined in
739-IC 20-43-8-0.7).
740-(7) (8) Other expenses of operating the school corporation's
741-transportation service, including gasoline, lubricants, tires,
742-repairs, contracted repairs, parts, supplies, equipment, and other
743-related expenses.
744-(c) Percentages or parts of salaries of teaching personnel or
745-principals are not attributable to transportation. However, parts of
746-salaries of instructional aides who are assigned to assist with the school
747-transportation program are attributable to transportation. The costs
748-described in this subsection (other than instructional aide costs) may
749-not be budgeted for payment or paid from the fund.
750-(d) Costs for a calendar year are those costs attributable to
751-transportation for students during the school year ending in the
752-calendar year.
753-SECTION 25. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
1096+student.".
1097+Page 17, delete line 42.
1098+Delete pages 18 through 27.
1099+Page 28, delete lines 1 through 26, begin a new paragraph and
1100+insert:
1101+"SECTION 23. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
7541102 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
755-UPON PASSAGE]: Sec. 8. (a) Subject to subsections (e), (f), and (g)
756-and this chapter, the governing body of a school corporation may adopt
757-HEA 1380 — CC 1 18
758-a resolution to place a referendum under this chapter on the ballot for
759-any of the following purposes:
1103+JULY 1, 2024]: Sec. 8. (a) Subject to subsections (e), (f), and (g) and
1104+this chapter, the governing body of a school corporation may adopt a
1105+resolution to place a referendum under this chapter on the ballot for any
1106+of the following purposes:
7601107 (1) The governing body of the school corporation determines that
7611108 it cannot, in a calendar year, carry out its public educational duty
7621109 unless it imposes a referendum tax levy under this chapter.
7631110 (2) The governing body of the school corporation determines that
7641111 a referendum tax levy under this chapter should be imposed to
7651112 replace property tax revenue that the school corporation will not
7661113 receive because of the application of the credit under
7671114 IC 6-1.1-20.6.
7681115 (3) Except for resolutions described in subsection (b), the
7691116 governing body makes the determination required under
7701117 subdivision (1) or (2) and determines to share a portion of the
1118+EH 1380—LS 6956/DI 110 26
7711119 referendum proceeds with a charter school, excluding a virtual
7721120 charter school, in the manner prescribed in subsection (e).
7731121 (b) A resolution for a referendum for a county described in section
7741122 21 of this chapter that is adopted after May 10, 2023, shall specify that
7751123 a portion of the proceeds collected from the proposed levy will be
7761124 distributed to applicable charter schools in the manner described under
7771125 section 21 of this chapter.
7781126 (c) The governing body of the school corporation shall certify a
7791127 copy of the resolution to place a referendum on the ballot to the
7801128 following:
7811129 (1) The department of local government finance, including:
7821130 (A) the language for the question required by section 10 of this
7831131 chapter, or in the case of a resolution to extend a referendum
7841132 levy certified to the department of local government finance
7851133 after March 15, 2016, section 10.1 of this chapter; and
7861134 (B) a copy of the revenue spending plan adopted under
7871135 subsection (g).
7881136 The language of the public question must include the estimated
7891137 average percentage increases certified by the county auditor under
7901138 section 10(e) or 10.1(f) of this chapter, as applicable. The
7911139 governing body of the school corporation shall also provide the
7921140 county auditor's certification described in section 10(e) or 10.1(f)
7931141 of this chapter, as applicable. The department of local government
7941142 finance shall post the values certified by the county auditor to the
7951143 department's website. The department shall review the language
7961144 for compliance with section 10 or 10.1 of this chapter, whichever
7971145 is applicable, and either approve or reject the language. The
7981146 department shall send its decision to the governing body of the
7991147 school corporation not more than ten (10) days after the resolution
8001148 is submitted to the department. If the language is approved, the
8011149 governing body of the school corporation shall certify a copy of
802-HEA 1380 — CC 1 19
8031150 the resolution, including the language for the question and the
8041151 department's approval.
8051152 (2) The county fiscal body of each county in which the school
8061153 corporation is located (for informational purposes only).
8071154 (3) The circuit court clerk of each county in which the school
8081155 corporation is located.
8091156 (d) If a school safety referendum tax levy under IC 20-46-9 has been
8101157 approved by the voters in a school corporation at any time in the
8111158 previous three (3) years, the school corporation may not:
8121159 (1) adopt a resolution to place a referendum under this chapter on
8131160 the ballot; or
1161+EH 1380—LS 6956/DI 110 27
8141162 (2) otherwise place a referendum under this chapter on the ballot.
8151163 (e) Except as provided in section 21 of this chapter, the resolution
8161164 described in subsection (a) must indicate whether proceeds in the
8171165 school corporation's education fund collected from a tax levy under this
8181166 chapter will be used to provide a distribution to a charter school or
8191167 charter schools, excluding a virtual charter school, under IC 20-40-3-5
8201168 as well as the amount that will be distributed to the particular charter
8211169 school or charter schools. A school corporation may request from the
8221170 designated charter school or charter schools any financial
8231171 documentation necessary to demonstrate the financial need of the
8241172 charter school or charter schools.
8251173 (f) This subsection applies to a resolution described in subsection
8261174 (a) for a county described in section 21(a) of this chapter that is
8271175 adopted after May 10, 2023. The resolution described in subsection (a)
8281176 shall include a projection of the amount that the school corporation
8291177 expects to be distributed to a particular charter school, excluding
8301178 virtual charter schools or adult high schools, under section 21 of this
8311179 chapter if the charter school voluntarily elects to participate in the
8321180 referendum in the manner described in subsection (i). At least sixty
8331181 (60) days before the resolution described in subsection (a) is voted on
8341182 by the governing body, the school corporation shall contact the
8351183 department to determine the number of students in kindergarten
8361184 through grade 12 who have legal settlement in the school corporation
8371185 but attend a charter school, excluding virtual charter schools or adult
8381186 high schools, and who receive not more than fifty percent (50%) virtual
8391187 instruction. The department shall provide the school corporation with
8401188 the number of students with legal settlement in the school corporation
8411189 who attend a charter school and who receive not more than fifty percent
8421190 (50%) virtual instruction, which shall be disaggregated for each
8431191 particular charter school, excluding a virtual charter school or adult
8441192 high school. The projection may include an expected increase in
8451193 charter schools during the term the levy is imposed under this chapter.
8461194 The department of local government finance shall prescribe the manner
847-HEA 1380 — CC 1 20
8481195 in which the projection shall be calculated. The governing body shall
8491196 take into consideration the projection when adopting the revenue
8501197 spending plan under subsection (g).
8511198 (g) As part of the resolution described in subsection (a), the
8521199 governing body of the school corporation shall adopt a revenue
8531200 spending plan for the proposed referendum tax levy that includes:
8541201 (1) an estimate of the amount of annual revenue expected to be
8551202 collected if a levy is imposed under this chapter;
8561203 (2) the specific purposes for which the revenue collected from a
1204+EH 1380—LS 6956/DI 110 28
8571205 levy imposed under this chapter will be used;
8581206 (3) an estimate of the annual dollar amounts that will be expended
8591207 for each purpose described in subdivision (2); and
8601208 (4) for a resolution for a referendum that is adopted after May 10,
8611209 2023, for a county described in section 21(a) of this chapter, the
8621210 projected revenue that shall be distributed to charter schools as
8631211 provided in subsections (f) and (i). The revenue spending plan
8641212 shall also take into consideration deviations in the proposed
8651213 revenue spending plan if the actual charter school distributions
8661214 exceed or are lower than the projected charter school distributions
8671215 described in subsection (f). The resolution shall include for each
8681216 charter school that elects to participate under subsection (i)
8691217 information described in subdivisions (1) through (3).
8701218 (h) A school corporation shall specify in its proposed budget the
8711219 school corporation's revenue spending plan adopted under subsection
8721220 (g) and annually present the revenue spending plan at its public hearing
8731221 on the proposed budget under IC 6-1.1-17-3.
8741222 (i) This subsection applies to a resolution described in subsection
8751223 (a) for a county described in section 21(a) of this chapter that is
8761224 adopted after May 10, 2023. At least forty-five (45) days before the
8771225 resolution described in subsection (a) is voted on by the governing
8781226 body, the school corporation shall contact each charter school,
8791227 excluding virtual charter schools or adult high schools, disclosed by the
8801228 department to the school corporation under subsection (f) to determine
8811229 whether the charter school will participate in the referendum. The
8821230 notice must include the total amount of the school corporation's
8831231 expected need, the corresponding estimate for that amount divided
8841232 by the number of students enrolled in the school corporation, and
8851233 the date on which the governing body of the school corporation will
8861234 vote on the resolution. The charter school must respond in writing to
8871235 the school corporation, which may be by electronic mail addressed
8881236 to the superintendent of the school corporation, at least fifteen (15)
8891237 days prior to the date that the resolution described in subsection (a) is
8901238 to be voted on by the governing body. If the charter school elects to not
8911239 participate in the referendum, the school corporation may exclude
892-HEA 1380 — CC 1 21
8931240 distributions to the charter school under section 21 of this chapter and
8941241 from the projection described in subsection (f). If the charter school
8951242 elects to participate in the referendum, the charter school may receive
8961243 distributions under section 21 of this chapter and must be included in
8971244 the projection described in subsection (f). In addition, a charter school
8981245 that elects to participate in the referendum under this subsection shall
8991246 contribute a proportionate share of the cost to conduct the referendum
1247+EH 1380—LS 6956/DI 110 29
9001248 based on the total combined ADM of the school corporation and any
9011249 participating charter schools.
9021250 (j) This subsection applies to a resolution described in subsection
9031251 (a) for a county described in section 21(a) of this chapter that is
9041252 adopted after May 10, 2023. At least thirty (30) days before the
9051253 resolution described in subsection (a) referendum submitted to the
9061254 voters under this chapter is voted on by the governing body, public
9071255 in a primary or general election, the school corporation that is
9081256 pursuing the resolution referendum and any charter school that has
9091257 elected to participate under subsection (i), shall post a referendum
9101258 disclosure statement on each school's respective website that contains
9111259 the following information:
9121260 (1) The salaries of all employees employed by position within the
9131261 school corporation or charter school listed from highest salary to
9141262 lowest salary and a link to Gateway Indiana for access to
9151263 individual salaries.
9161264 (2) An acknowledgment that the school corporation or charter
9171265 school is not committing any crime described in IC 35-44.1-1.
9181266 (3) A link to the school corporation's or charter school's most
9191267 recent state board of accounts audit on the state board of accounts'
9201268 website.
9211269 (4) The current enrollment of the school corporation or charter
9221270 school disaggregated by student group and race.
9231271 (5) The school corporation's or charter school's high school
9241272 graduation rate.
9251273 (6) The school corporation's or charter school's annual retention
9261274 rate for teachers for the previous five (5) years.
927-SECTION 26. IC 20-46-9-6, AS AMENDED BY P.L.189-2023,
1275+SECTION 24. IC 20-46-9-6, AS AMENDED BY P.L.189-2023,
9281276 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
929-UPON PASSAGE]: Sec. 6. (a) Subject to this chapter, the governing
930-body of a school corporation may adopt a resolution to place a
931-referendum under this chapter on the ballot if the governing body of the
932-school corporation determines that a referendum levy should be
933-imposed for measures to improve school safety as described in
934-IC 20-40-20-6(a) or IC 20-40-20-6(b).
1277+JULY 1, 2024]: Sec. 6. (a) Subject to this chapter, the governing body
1278+of a school corporation may adopt a resolution to place a referendum
1279+under this chapter on the ballot if the governing body of the school
1280+corporation determines that a referendum levy should be imposed for
1281+measures to improve school safety as described in IC 20-40-20-6(a) or
1282+IC 20-40-20-6(b).
9351283 (b) Except as provided in section 22 of this chapter, a school
9361284 corporation may, with the approval of the majority of members of the
937-HEA 1380 — CC 1 22
9381285 governing body, distribute a portion of the proceeds of a tax levy
9391286 collected under this chapter that is deposited in the fund to a charter
9401287 school, excluding a virtual charter school, that is located within the
9411288 attendance area of the school corporation, to be used by the charter
9421289 school for the purposes described in IC 20-40-20-6(a).
1290+EH 1380—LS 6956/DI 110 30
9431291 (c) This subsection applies to a resolution described in subsection
9441292 (a) that is adopted after May 10, 2023, in a county described in section
9451293 22(a) of this chapter. A resolution shall specify that a portion of the
9461294 proceeds of the proposed levy will be distributed to applicable charter
9471295 schools in the manner described under section 22 of this chapter if the
9481296 charter school voluntarily elects to participate in the referendum in the
9491297 manner described in subsection (i).
9501298 (d) This subsection applies to a resolution described in subsection
9511299 (a) that is adopted after May 10, 2023, in a county described in section
9521300 22(a) of this chapter. The resolution described in subsection (a) shall
9531301 include a projection of the amount that the school corporation expects
9541302 to be distributed to a particular charter school, excluding virtual charter
9551303 schools or adult high schools, under section 22 of this chapter that
9561304 elects to participate in the referendum under subsection (i). At least
9571305 sixty (60) days before the resolution described in subsection (a) is
9581306 voted on by the governing body, the school corporation shall contact
9591307 the department to determine the number of students in kindergarten
9601308 through grade 12 who have legal settlement in the school corporation
9611309 but attend a charter school, excluding virtual charter schools or adult
9621310 high schools, and who receive not more than fifty percent (50%) virtual
9631311 instruction. The department shall provide the school corporation with
9641312 the number of students with legal settlement in the school corporation
9651313 who attend a charter school, which shall be disaggregated for each
9661314 particular charter school, excluding a virtual charter school or adult
9671315 high school. The projection may include an expected increase in
9681316 charter schools during the term the levy is imposed. The department of
9691317 local government finance shall prescribe the manner in which the
9701318 projection shall be calculated. The governing body shall take into
9711319 consideration the projection when adopting the revenue spending plan
9721320 under subsection (g).
9731321 (e) The governing body of the school corporation shall certify a
9741322 copy of the resolution to the following:
9751323 (1) The department of local government finance, including:
9761324 (A) the language for the question required by section 9 of this
9771325 chapter, or in the case of a resolution to extend a referendum
9781326 levy certified to the department of local government finance,
9791327 section 10 of this chapter; and
9801328 (B) a copy of the revenue spending plan adopted under
9811329 subsection (g).
982-HEA 1380 — CC 1 23
9831330 The language of the public question must include the estimated
9841331 average percentage increases certified by the county auditor under
9851332 section 9(d) or 10(f) of this chapter, as applicable. The governing
1333+EH 1380—LS 6956/DI 110 31
9861334 body of the school corporation shall also provide the county
9871335 auditor's certification described in section 9(d) or 10(f) of this
9881336 chapter, as applicable. The department of local government
9891337 finance shall post the values certified by the county auditor to the
9901338 department's website. The department shall review the language
9911339 for compliance with section 9 or 10 of this chapter, whichever is
9921340 applicable, and either approve or reject the language. The
9931341 department shall send its decision to the governing body of the
9941342 school corporation not more than ten (10) days after the resolution
9951343 is submitted to the department. If the language is approved, the
9961344 governing body of the school corporation shall certify a copy of
9971345 the resolution, including the language for the question and the
9981346 department's approval.
9991347 (2) The county fiscal body of each county in which the school
10001348 corporation is located (for informational purposes only).
10011349 (3) The circuit court clerk of each county in which the school
10021350 corporation is located.
10031351 (f) Except as provided in section 22 of this chapter, the resolution
10041352 described in subsection (a) must indicate whether proceeds in the
10051353 school corporation's fund collected from a tax levy under this chapter
10061354 will be used to provide a distribution to a charter school or charter
10071355 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
10081356 well as the amount that will be distributed to the particular charter
10091357 school or charter schools. A school corporation may request from the
10101358 designated charter school or charter schools any financial
10111359 documentation necessary to demonstrate the financial need of the
10121360 charter school or charter schools.
10131361 (g) As part of the resolution described in subsection (a), the
10141362 governing body of the school corporation shall adopt a revenue
10151363 spending plan for the proposed referendum tax levy that includes:
10161364 (1) an estimate of the amount of annual revenue expected to be
10171365 collected if a levy is imposed under this chapter;
10181366 (2) the specific purposes described in IC 20-40-20-6 for which the
10191367 revenue collected from a levy imposed under this chapter will be
10201368 used;
10211369 (3) an estimate of the annual dollar amounts that will be expended
10221370 for each purpose described in subdivision (2); and
10231371 (4) for a resolution for a referendum that is adopted after May 10,
10241372 2023, for a county described in section 22(a) of this chapter, the
10251373 projected revenue that shall be distributed to charter schools as
10261374 provided in subsection (d). The revenue spending plan shall also
1027-HEA 1380 — CC 1 24
10281375 take into consideration deviations in the proposed revenue
1376+EH 1380—LS 6956/DI 110 32
10291377 spending plan if the actual charter school distributions exceed or
10301378 are lower than the projected charter school distributions described
10311379 in subsection (d). The resolution shall include for each charter
10321380 school that elects to participate under subsection (i) information
10331381 described in subdivisions (1) through (3).
10341382 (h) A school corporation shall specify in its proposed budget the
10351383 school corporation's revenue spending plan adopted under subsection
10361384 (g) and annually present the revenue spending plan at its public hearing
10371385 on the proposed budget under IC 6-1.1-17-3.
10381386 (i) This subsection applies to a resolution described in subsection
10391387 (a) for a county described in section 22(a) of this chapter that is
10401388 adopted after May 10, 2023. At least forty-five (45) days before the
10411389 resolution described in subsection (a) is voted on by the governing
10421390 body, the school corporation shall contact each charter school,
10431391 excluding virtual charter schools or adult high schools, disclosed by the
10441392 department to the school corporation under subsection (f) to determine
10451393 whether the charter school will participate in the referendum. The
10461394 notice must include the total amount of the school corporation's
10471395 expected need, the corresponding estimate of that amount divided
10481396 by the number of students enrolled in the school corporation, and
10491397 the date on which the governing body of the school corporation will
10501398 vote on the resolution. The charter school must respond in writing to
10511399 the school corporation, which may be by electronic mail addressed
10521400 to the superintendent of the school corporation, at least fifteen (15)
10531401 days prior to the date that the resolution described in subsection (a) is
10541402 to be voted on by the governing body. If the charter school elects to not
10551403 participate in the referendum, the school corporation may exclude
10561404 distributions to the charter school under section 22 of this chapter and
10571405 from the projection described in subsection (d). If the charter school
10581406 elects to participate in the referendum, the charter school may receive
10591407 distributions under section 22 of this chapter and must be included in
10601408 the projection described in subsection (d). In addition, a charter school
10611409 that elects to participate in the referendum under this subsection shall
10621410 contribute a proportionate share of the cost to conduct the referendum
10631411 based on the total combined ADM of the school corporation and any
10641412 participating charter schools.
10651413 (j) This subsection applies to a resolution described in subsection
10661414 (a) for a county described in section 22(a) of this chapter that is
10671415 adopted after May 10, 2023. At least thirty (30) days before the
10681416 resolution described in subsection (a) referendum submitted to the
10691417 voters under this chapter is voted on by the governing body, public
10701418 in a primary or general election, the school corporation that is
1419+EH 1380—LS 6956/DI 110 33
10711420 pursuing the resolution referendum and any charter school that has
1072-HEA 1380 — CC 1 25
10731421 elected to participate under subsection (i), shall post a referendum
10741422 disclosure statement on each school's respective website that contains
10751423 the following information:
10761424 (1) The salaries of all employees employed by position within the
10771425 school corporation or charter school listed from highest salary to
10781426 lowest salary and a link to Gateway Indiana for access to
10791427 individual salaries.
10801428 (2) An acknowledgment that the school corporation or charter
10811429 school is not committing any crime described in IC 35-44.1-1.
10821430 (3) A link to the school corporation's or charter school's most
10831431 recent state board of accounts audit on the state board of accounts'
10841432 website.
10851433 (4) The current enrollment of the school corporation or charter
10861434 school disaggregated by student group and race.
10871435 (5) The school corporation's or charter school's high school
10881436 graduation rate.
10891437 (6) The school corporation's or charter school's annual retention
1090-rate for teachers for the previous five (5) years.
1091-SECTION 27. IC 20-51-1-5, AS AMENDED BY P.L.201-2023,
1092-SECTION 216, IS AMENDED TO READ AS FOLLOWS
1093-[EFFECTIVE JULY 1, 2024]: Sec. 5. "Eligible student" refers to an
1094-individual who:
1095-(1) has legal settlement in Indiana;
1096-(2) is at least four (4) years of age and less than twenty-two (22)
1097-years of age on the date in the school year specified in
1098-IC 20-33-2-7; on October 1 of the applicable school year;
1099-(3) either has been or is currently enrolled in a participating
1100-school; and
1101-(4) is a member of a household with an annual income of not
1102-more than four hundred percent (400%) of the amount required
1103-for the individual to qualify for the federal free or reduced price
1104-lunch program.
1105-SECTION 28. IC 20-51.4-2-4, AS ADDED BY P.L.165-2021,
1106-SECTION 180, IS AMENDED TO READ AS FOLLOWS
1107-[EFFECTIVE JULY 1, 2024]: Sec. 4. "Eligible student" refers to an
1108-individual who:
1109-(1) has legal settlement in Indiana;
1110-(2) is at least five (5) years of age and less than twenty-two (22)
1111-years of age on the date in the school year specified in
1112-IC 20-33-2-7; on October 1 of the applicable school year;
1113-(3) is a student with a disability at the time the account is
1114-established who requires special education and for whom:
1115-(A) an individualized education program;
1116-(B) a service plan developed under 511 IAC 7-34; or
1117-HEA 1380 — CC 1 26
1118-(C) a choice special education plan developed under 511
1119-IAC 7-49;
1120-has been developed; and
1121-(4) meets the annual income qualification requirement for a
1122-choice scholarship student under IC 20-51-1.
1123-SECTION 29. IC 20-52-3-3, AS ADDED BY P.L.168-2022,
1124-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1125-JULY 1, 2024]: Sec. 3. (a) To be considered an enrichment student, the
1126-student must at a minimum:
1127-(1) have experienced learning loss;
1128-(2) have fallen behind in acquiring anticipated grade level
1129-academic skills and knowledge;
1130-(3) have scored below academic standards or average
1131-benchmarks; or
1132-(4) be at risk of falling below academic standards.
1133-However, the department may establish more stringent criteria for
1134-determining eligibility for a grant under this article.
1135-(b) For each school year, the department shall determine, based on
1136-the amount of funds available for the program, the number of grants
1137-that the department will award under the program. The number of
1138-applications approved and the number of grants awarded under this
1139-article by the department for the school year may not exceed the
1140-number determined by the department under this section.
1141-(c) Only federal funds may be used to award grants under this
1142-article. A grant may not be made under this article after funds received
1143-by the department from the Elementary and Secondary School
1144-Emergency Relief Fund (ESSER fund) are exhausted.
1145-SECTION 30. IC 20-52-4-2, AS AMENDED BY P.L.171-2023,
1438+rate for teachers for the previous five (5) years.".
1439+Renumber all SECTIONS consecutively.
1440+and when so amended that said bill do pass.
1441+(Reference is to HB 1380 as introduced.)
1442+BEHNING
1443+Committee Vote: yeas 7, nays 4.
1444+_____
1445+HOUSE MOTION
1446+Mr. Speaker: I move that House Bill 1380 be amended to read as
1447+follows:
1448+Page 2, line 9, delete "(a)".
1449+Page 2, line 19, delete "(a)".
1450+Page 12, delete lines 12 through 42.
1451+Page 13, delete lines 1 through 5.
1452+EH 1380—LS 6956/DI 110 34
1453+Page 26, delete line 42.
1454+Renumber all SECTIONS consecutively.
1455+(Reference is to HB 1380 as printed January 18, 2024).
1456+BEHNING
1457+_____
1458+HOUSE MOTION
1459+Mr. Speaker: I move that House Bill 1380 be amended to read as
1460+follows:
1461+Page 4, line 30, delete "zones as established".
1462+Page 4, line 31, delete "by the innovation network team." and insert
1463+"zones.".
1464+Page 4, delete lines 32 through 38.
1465+Page 4, line 39, delete "(8)" and insert "(7)".
1466+Page 7, delete lines 21 through 42.
1467+Page 8, delete lines 1 through 4.
1468+Page 9, line 7, after "enrollment" insert "zones.".
1469+Page 9, delete lines 8 through 15.
1470+Page 9, line 17, delete "board agrees that the charter" and insert
1471+"innovation agreement shall not create an obligation that would
1472+cause the organizer to be in violation of its charter agreement (as
1473+described in IC 20-24-1-3).".
1474+Page 9, line 16, delete "(7)" and insert "(6)".
1475+Page 9, delete lines 18 through 20.
1476+Page 11, delete lines 27 through 38, begin a new paragraph and
1477+insert:
1478+"(f) A school corporation may not charge an organizer an
1479+amount for goods and services that is greater than the amount the
1480+organizer receives in property tax (IC 20-46-8-11.2).".
1481+Renumber all SECTIONS consecutively.
1482+(Reference is to HB 1380 as printed January 18, 2024.)
1483+BEHNING
1484+EH 1380—LS 6956/DI 110 35
1485+COMMITTEE REPORT
1486+Madam President: The Senate Committee on Education and Career
1487+Development, to which was referred House Bill No. 1380, has had the
1488+same under consideration and begs leave to report the same back to the
1489+Senate with the recommendation that said bill be AMENDED as
1490+follows:
1491+Page 1, delete lines 1 through 15.
1492+Page 2, delete lines 1 through 6.
1493+Page 2, delete lines 28 through 42.
1494+Page 3, delete lines 1 through 32.
1495+Page 4, line 9, reset in roman "state and".
1496+Page 4, line 9, after "funding" insert ",".
1497+Page 4, line 9, reset in roman "including tuition".
1498+Page 4, line 10, reset in roman "support,".
1499+Page 4, reset in roman lines 24 through 26.
1500+Page 4, line 27, delete "(6)" and insert "(7)".
1501+Page 4, delete lines 31 through 37.
1502+Page 5, line 26, reset in roman "(b)(6),".
1503+Page 5, line 26, delete "(b)(7),".
1504+Page 6, line 1, after "without" insert "written".
1505+Page 6, line 4, delete "JULY 1, 2024]:" and insert "UPON
1506+PASSAGE]:".
1507+Page 7, line 17, delete "JULY 1, 2024]:" and insert "UPON
1508+PASSAGE]:".
1509+Page 7, line 33, after "distribute" insert "at least".
1510+Page 8, line 3, delete "and, for an agreement entered into" and insert
1511+"and".
1512+Page 8, line 4, delete "or renewed after June 30, 2024,".
1513+Page 8, reset in roman lines 7 through 9.
1514+Page 8, line 10, delete "(4)" and insert "(5)".
1515+Page 8, line 12, delete "(5) For an agreement entered into or
1516+renewed after June 30," and insert "(6) Subject".
1517+Page 8, line 13, delete "2024, and subject".
1518+Page 8, line 17, delete "(6) For an agreement entered into or
1519+renewed after June 30," and insert "(7) A".
1520+Page 8, line 18, delete "2024, a".
1521+Page 9, line 13, reset in roman "(b)(4),".
1522+Page 9, line 13, delete "(b)(6),".
1523+Page 9, line 28, after "without" insert "written".
1524+Page 9, line 32, delete "JULY 1, 2024]:" and insert "UPON
1525+PASSAGE]:".
1526+EH 1380—LS 6956/DI 110 36
1527+Page 10, delete lines 28 through 30, begin a new paragraph and
1528+insert:
1529+"(f) Unless an agreement entered into before July 1, 2024,
1530+between a board and an organizer provides otherwise, a school
1531+corporation may not charge an organizer an amount for goods and
1532+services that is greater than the amount of the operations fund
1533+property tax levy the organizer receives under IC 20-46-8-11.2 for
1534+the participating innovation network charter school.".
1535+Page 10, line 33, delete "JULY 1, 2024]:" and insert "UPON
1536+PASSAGE]:".
1537+Page 10, line 36, after "distribute" insert "at least".
1538+Page 14, delete lines 18 through 42, begin a new paragraph and
1539+insert:
1540+"SECTION 16. IC 20-35-2-1, AS AMENDED BY P.L.43-2021,
1541+SECTION 114, IS AMENDED TO READ AS FOLLOWS
1542+[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is established under the
1543+state board a division of special education. The division shall exercise
1544+all the power and duties set out in this chapter, IC 20-35-3 through
1545+IC 20-35-6, and IC 20-35-8.
1546+(b) The governor shall appoint, upon the recommendation of the
1547+secretary of education, a director of special education who serves at the
1548+pleasure of the governor. The amount of compensation of the director
1549+shall be determined by the budget agency with the approval of the
1550+governor. The director has the following duties:
1551+(1) To do the following:
1552+(A) Have general supervision of special education programs
1553+and services, including those conducted by school
1554+corporations, charter schools, the Indiana School for the Blind
1555+and Visually Impaired, the Indiana School for the Deaf, the
1556+department of correction, and the division of mental health and
1557+addiction to ensure compliance with federal and state special
1558+education laws and rules.
1559+(B) Take appropriate action to ensure school corporations,
1560+charter schools, and the department remain eligible for federal
1561+special education funds.
1562+(C) Oversee the training of hearing officers and establish
1563+guidelines as described in IC 20-35-14-5.
1564+(2) With the consent of the secretary of education and the budget
1565+agency, to appoint and determine salaries for any assistants and
1566+other personnel needed to enable the director to accomplish the
1567+duties of the director's office.
1568+SECTION 17. IC 20-35-14 IS ADDED TO THE INDIANA CODE
1569+EH 1380—LS 6956/DI 110 37
1570+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1571+JULY 1, 2024]:
1572+Chapter 14. Employment of Independent Hearing Officers
1573+Sec. 1. As used in this chapter, "IDEA" refers to the federal
1574+Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
1575+Sec. 2. As used in this chapter, "office" has the meaning set
1576+forth in IC 4-15-10.5-6.
1577+Sec. 3. (a) The office has jurisdiction over hearing officers
1578+authorized to conduct hearings required by the IDEA.
1579+(b) The office is granted jurisdiction to conduct hearings
1580+described in subsection (a) as permitted under IC 4-15-10.5-12.
1581+Sec. 4. Not later than August 1, 2024, the department and the
1582+office shall enter into a memorandum of understanding regarding
1583+the transition to hearing officers employed by the office as
1584+full-time, salaried, state employees to act as and satisfy the
1585+requirements regarding independent hearing officers under the
1586+IDEA.
1587+Sec. 5. The director of special education appointed under
1588+IC 20-35-2-1 shall:
1589+(1) oversee the training of hearing officers; and
1590+(2) establish guidelines for hearing officers who conduct
1591+hearings under this chapter, including guidelines to ensure
1592+compliance with state and federal special education laws and
1593+rules.
1594+Sec. 6. The office shall:
1595+(1) determine the cost of conducting hearings under this
1596+chapter; and
1597+(2) after July 1, 2025, assess each school corporation and
1598+charter school in the state a fee that is sufficient to cover the
1599+costs determined under subdivision (1).".
1600+Page 15, delete lines 1 through 17.
1601+Page 15, line 20, delete "JULY 1, 2024]:" and insert "UPON
1602+PASSAGE]:".
1603+Page 19, line 22, delete "JULY 1, 2024]:" and insert "UPON
1604+PASSAGE]:".
1605+Page 24, after line 39, begin a new paragraph and insert:
1606+"SECTION 25. An emergency is declared for this act.".
1607+Renumber all SECTIONS consecutively.
1608+and when so amended that said bill do pass and be reassigned to the
1609+Senate Committee on Appropriations.
1610+EH 1380—LS 6956/DI 110 38
1611+(Reference is to HB 1380 as reprinted January 24, 2024.)
1612+RAATZ, Chairperson
1613+Committee Vote: Yeas 11, Nays 1.
1614+_____
1615+COMMITTEE REPORT
1616+Madam President: The Senate Committee on Appropriations, to
1617+which was referred Engrossed House Bill No. 1380, has had the same
1618+under consideration and begs leave to report the same back to the
1619+Senate with the recommendation that said bill be AMENDED as
1620+follows:
1621+Page 10, line 31, delete "The" and insert "Subject to available
1622+funding, the".
1623+Page 13, line 41, after "state" insert ", based on the weighted ADM
1624+count,".
1625+Renumber all SECTIONS consecutively.
1626+and when so amended that said bill do pass.
1627+(Reference is to EHB 1380 as printed February 23, 2024.)
1628+MISHLER, Chairperson
1629+Committee Vote: Yeas 12, Nays 1.
1630+_____
1631+SENATE MOTION
1632+Madam President: I move that Engrossed House Bill 1380 be
1633+amended to read as follows:
1634+Page 23, delete lines 7 through 21, begin a new paragraph and
1635+insert:
1636+"SECTION 23. IC 20-52-4-2, AS AMENDED BY P.L.171-2023,
11461637 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11471638 JULY 1, 2024]: Sec. 2. (a) An enrichment student who currently
11481639 maintains an account is entitled to a grant amount, the amount of which
11491640 shall be subject to available funding and determined by the department.
11501641 The department shall deposit the enrichment grant amount under this
11511642 section into an enrichment student's account in a manner established by
11521643 the department.
1644+EH 1380—LS 6956/DI 110 39
11531645 (b) Except as provided in subsection (c), at the end of the year in
11541646 which an account is established, the parent of an enrichment student
11551647 may roll over for use in a subsequent year the amount available in the
11561648 enrichment student's account.
1157-(c) The department shall determine conditions under which an
1158-enrichment student's account shall terminate. October 1, 2024.
1159-SECTION 31. IC 20-52-7 IS REPEALED [EFFECTIVE JULY 1,
1160-2024]. (Expiration).
1161-SECTION 32. IC 21-39-9.1 IS ADDED TO THE INDIANA CODE
1162-HEA 1380 — CC 1 27
1163-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1164-JULY 1, 2024]:
1165-Chapter 9.1. Publication of Hazing Incidents
1166-Sec. 1. As used in this chapter, "group or organization" means
1167-a club, an association, a corporation, an order, a society, a private
1168-club, a fraternity or sorority, or a varsity or club athletic team
1169-primarily made up of students or alumni, regardless of whether it
1170-is chartered by a national organization.
1171-Sec. 2. A state educational institution shall implement a policy
1172-to publish a public report on the institution's website concerning
1173-any act of hazing that is adjudicated by the institution.
1174-Sec. 3. (a) A public report published under section 2 of this
1175-chapter must include the following:
1176-(1) The name of the group or organization involved in the
1177-hazing.
1178-(2) The date on which the hazing incident occurred.
1179-(3) The date the state educational institution started the
1180-investigation.
1181-(4) The date the group or organization was charged with
1182-misconduct.
1183-(5) The date on which the citation, sanction, or other
1184-punishment was implemented.
1185-(6) A description of:
1186-(A) the hazing incident;
1187-(B) the findings of the investigation; and
1188-(C) the citation, sanction, or other punishment
1189-implemented.
1190-(7) The date the state educational institution completed the
1191-investigation.
1192-(b) A public report published under section 2 of this chapter:
1193-(1) may not include personal identifying information of the
1194-individual student members and is subject to the federal
1195-Family Educational Rights and Privacy Act (20 U.S.C. 1232g
1196-et seq.); and
1197-(2) must include the following:
1198-(A) A notice that:
1199-(i) additional information related to the investigation,
1200-citation, sanction, other punishment, and group or
1201-organization is available upon request;
1202-(ii) the state educational institution is required to comply
1203-with IC 5-14-3 (access to public records); and
1204-(iii) information protected by the federal Educational
1205-Education Rights and Privacy Act (20 U.S.C. 1232g et
1206-seq.) may not be released.
1207-(B) Instructions on how a person may request additional
1208-HEA 1380 — CC 1 28
1209-information from the state educational institution about an
1210-incident contained in the public report.
1211-SECTION 33. IC 22-14-2-13 IS ADDED TO THE INDIANA
1212-CODE AS A NEW SECTION TO READ AS FOLLOWS
1213-[EFFECTIVE JULY 1, 2024]: Sec. 13. (a) An individual who is at
1214-least sixteen (16) years of age may enroll in and attend a training
1215-program for certification as:
1216-(1) a Firefighter I;
1217-(2) a Firefighter II; or
1218-(3) an emergency medical technician.
1219-(b) This section does not affect the minimum age requirements
1220-for:
1221-(1) employment as a firefighter or emergency medical
1222-technician; or
1223-(2) certification by a national certification agency.
1224-SECTION 34. [EFFECTIVE JULY 1, 2024] (a) The board of
1225-firefighting personnel standards and education shall adopt rules
1226-under IC 4-22-2 to amend 655 IAC 1-1-1.1 to conform with
1227-IC 22-14-2-13, as added by this act.
1228-(b) This SECTION expires July 1, 2025.
1229-SECTION 35. An emergency is declared for this act.
1230-HEA 1380 — CC 1 Speaker of the House of Representatives
1231-President of the Senate
1232-President Pro Tempore
1233-Governor of the State of Indiana
1234-Date: Time:
1235-HEA 1380 — CC 1
1649+(c) The department shall determine the conditions under which
1650+an enrichment student's account shall terminate. October 1, 2024.".
1651+Renumber all SECTIONS consecutively.
1652+(Reference is to EHB 1380 as printed March 1, 2024.)
1653+RAATZ
1654+EH 1380—LS 6956/DI 110