Introduced Version
HOUSE BILL No. 1408
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-51.4.
Synopsis: Indiana education scholarship account program. Amends
the: (1) definition of "eligible student" for purposes of eligibility under
the Indiana education scholarship account program; and (2) grant
amount that an eligible student may receive under the program.
Effective: July 1, 2024.
Payne, Prescott, Lindauer, Sweet
January 11, 2024, read first time and referred to Committee on Education.
2024 IN 1408—LS 6320/DI 143 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1408
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-51.4-2-4, AS ADDED BY P.L.165-2021,
2 SECTION 180, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 4. "Eligible student" refers to an
4 individual who:
5 (1) has legal settlement in Indiana; and
6 (2) is at least five (5) years of age and less than twenty-two (22)
7 years of age on the date in the school year specified in
8 IC 20-33-2-7.
9 (3) is a student with a disability at the time the account is
10 established who requires special education and for whom:
11 (A) an individualized education program;
12 (B) a service plan developed under 511 IAC 7-34; or
13 (C) a choice special education plan developed under 511
14 IAC 7-49;
15 has been developed; and
16 (4) meets the annual income qualification requirement for a
17 choice scholarship student under IC 20-51-1.
2024 IN 1408—LS 6320/DI 143 2
1 SECTION 2. IC 20-51.4-4-4, AS AMENDED BY P.L.201-2023,
2 SECTION 224, AND AS AMENDED BY P.L.202-2023, SECTION
3 53, AND AS AMENDED BY THE TECHNICAL CORRECTIONS
4 BILL OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
5 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
6 Sec. 4. (a) Subject to sections 5 and 10 of this chapter, the annual grant
7 amount under section 2 of this chapter for an eligible student equals,
8 subject to subsection (b), ninety percent (90%) of the amount
9 determined in the last STEP of the following formula:
10 STEP ONE: Determine the school corporation in which the
11 eligible student has legal settlement.
12 STEP TWO: Determine the amount of state tuition support that
13 the school corporation identified under STEP ONE is eligible to
14 receive under IC 20-43-6 for the state fiscal year in which the
15 immediately preceding school year begins. The amount does not
16 include amounts provided for special education grants under
17 IC 20-43-7, career and technical education grants under
18 IC 20-43-8, or grants under IC 20-43-10, or an academic
19 performance grant under IC 20-43-10.5.
20 STEP THREE: Determine the result of:
21 (A) the STEP TWO amount; divided by
22 (B) the current ADM (as defined in IC 20-43-1-10) for the
23 school corporation identified under STEP ONE for the state
24 fiscal year used in STEP TWO.
25 (b) An eligible student may choose to receive special education
26 services from the school corporation required to provide the special
27 education services to the eligible student under 511 IAC 7-34-1.
28 However, if an eligible student described in subsection (a) chooses not
29 to receive special education or related services from a school
30 corporation required to provide the services to the eligible student
31 under 511 IAC 7-34-1, the ESA annual grant amount for the eligible
32 student shall, in addition to the amount described in subsection (a),
33 include the amount the school corporation would receive under
34 IC 20-43-7 for the eligible student if the eligible student attended the
35 school corporation.
36 (c) The ESA annual grant amounts provided in subsection (a) shall
37 be rounded as provided in IC 20-43-3-1(4).
2024 IN 1408—LS 6320/DI 143