LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6320 NOTE PREPARED: Dec 15, 2023 BILL NUMBER: HB 1408 BILL AMENDED: SUBJECT: Indiana Education Scholarship Account Program. FIRST AUTHOR: Rep. Payne BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill amends the: (1) definition of "eligible student" for purposes of eligibility under the Indiana Education Scholarship Account (ESA) program; and (2) grant amount that an eligible student may receive under the program. Effective Date: July 1, 2024. Explanation of State Expenditures: Summary- The bill expands the eligibility of the ESA program and increases the grant amount awarded to ESA program participants. Those changes, described in detail below, will likely increase state expenditures. The bill is also likely to require additional staff for the Treasurer of State (TOS) to administer the program as expanded under the bill, estimated at about $76,000. However, any expenditure increase resulting from the bill is limited by the appropriation for the ESA program in FY 2025 and beyond. HEA 1001-2023 appropriated $10 M to the program in both FY 2024 and FY 2025. Additional Information - Eligibility Expansion: The bill eliminates the following requirements for participation in the ESA program: 1. The student must have a disability for which the student has had an individualized education program, Choice Scholarship special education plan, or a service plan developed. 2. The student must meet the same income eligibility requirements that are required for the Choice Scholarship program. These changes are likely to increase participation in the program beginning in FY 2025. The impact on state expenditures is dependent upon where the students would otherwise have attended school. Students switching from a public school to participate in the program would have only a minor impact on state expenditures. HB 1408 1 However, students who are currently homeschooled or attending a nonpublic school without a Choice Scholarship, but would now switch to the ESA, would increase state expenditures by a much larger amount. [See Additional Information for more details on the per-student impact on state expenditures]. Any potential increase in program participation would be subject to the appropriation to the Indiana Education Scholarship Account Program Fund for the ESA program. In FY 2026 and after, any change to the appropriation for the program would impact state expenditures. Grant Amount Increase: The bill also changes the ESA grant amount an eligible student can receive in the ESA program from 90% to 100% of the student’s home school corporation’s per-student Basic Tuition Support Grant for the previous fiscal year. This would increase the grant amounts paid to each ESA participant. Any state expenditure increase related to these provisions would be limited by the appropriation for the program. Administrative Costs: The TOS estimates that for each additional 300 students participating in the ESA program, it would need one additional full-time employee. LSA estimates that the salary and benefits of each additional employee would be about $76,000, including health insurance benefits. Under current law, the TOS can transfer up to 5% of the appropriation for the ESA program to the Indiana Education Scholarship Account Administration Fund, which is used to pay for the costs of administering the program. Current Law ESA Program: Under current law, the ESA program allows students with a disability who meet an income requirement and who enroll in a nonpublic school to receive a grant that is equal to 90% of the student’s home school corporation’s per-student Basic Tuition Support Grant for the previous fiscal year. Additionally, if the student chooses to receive special education services from an entity other than the student’s home school corporation, the student would be eligible to receive the Special Education Grant the student’s home school corporation would have received for the student. FY 2023 was the first year the program enrolled students. As of November 21, the TOS reports that 431 students are participating in the program in FY 2024, up from 143 students in FY 2023. State expenditures for those students is about $5 M. TOS can use up to $500,000 for administration of the program, bringing the program cost to an estimated $5.5 M in FY 2024. Based on enrollment changes in other states that have programs similar to an ESA program, the number of students will likely increase over the next few years. Currently, ESA account holders can roll over up to $1,000 for every year of ESA program participation to the account for the next school year. Any amount above this threshold reverts to the General Fund. Per-Student Impact on State Expenditures: Under the bill, ESA participants would receive 100% of their home school corporation's per-student Basic Tuition Support Grant for the previous fiscal year instead of the 90% under current law. This would increase the per-student cost of ESA participants by about $734 in FY 2025. Explanation of State Revenues: Explanation of Local Expenditures: Explanation of Local Revenues: Public school revenue from state tuition support would likely decrease under the bill as students who were ineligible for the ESA program become eligible for the ESA program under the bill and switch to a nonpublic school. The number of students that would switch to the ESA program is dependent in part on the appropriation for the ESA program, as that will limit the number of students that can participate in the program. HB 1408 2 State Agencies Affected: Treasurer of State. Local Agencies Affected: Public schools. Information Sources: United States Census Bureau; National Center for Education Statistics; Choice Scholarship Program Annual Report, Indiana Department of Education, April 2021; LSA education database; Department of Education; Treasurer of State. Fiscal Analyst: Austin Spears, 317-234-9454 HB 1408 3