Indiana 2024 Regular Session

Indiana Senate Bill SB0165 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 165
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-18-2-9.5; IC 20-19-3-9.4; IC 20-24.2;
7	7	IC 20-26; IC 20-27-13-5; IC 20-28-9-15; IC 20-30; IC 20-32-8.5;
8	8	IC 20-33-2-19; IC 20-43-1-14; IC 20-43-4-6.
9	9	Synopsis: Education matters. Provides that, for each school year, a
10	10	school corporation shall conduct at least: (1) 54,000 minutes of
11	11	instructional time for students in grades 1 through 6; and (2) 64,800
12	12	minutes of instructional time for students in grades 7 through 12.
13	13	(Current law requires the following: (1) That a school corporation
14	14	conducts at least 180 student instructional days. (2) That a student
15	15	instructional day in grades 1 through 6 consists of at least five hours of
16	16	instructional time and a student instructional day in grades 7 through
17	17	12 consists of at least six hours of instructional time.) Defines
18	18	"instructional day". Simplifies and makes corresponding changes to
19	19	reducing tuition support if a school corporation fails to conduct the
20	20	minimum number of instructional minutes during a school year. Makes
21	21	corresponding changes, including corresponding changes to the school
22	22	flex program and to the calculation for determining full-time
23	23	equivalency for average daily membership. Provides that the plan to
24	24	improve reading skills of students must include a review of the reading
25	25	skills of students in grade 2 and implementation of remedial action
26	26	before grade 3 for a student if the student's reading skills are
27	27	determined to be below the standard. Requires a school to submit a
28	28	report to the department of education (department) that includes certain
29	29	information regarding students whose reading skills were determined
30	30	to be below the standard on the grade 3 reading skills evaluation.
31	31	Requires the department to annually submit a report to the governor
32	32	and legislative council regarding the information.
33	33	Effective: Upon passage; July 1, 2024.
34	34	Young M
35	35	January 8, 2024, read first time and referred to Committee on Education and Career
36	36	Development.
37	37	2024 IN 165—LS 6760/DI 110 Introduced
38	38	Second Regular Session of the 123rd General Assembly (2024)
39	39	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
40	40	Constitution) is being amended, the text of the existing provision will appear in this style type,
41	41	additions will appear in this style type, and deletions will appear in this style type.
42	42	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
43	43	provision adopted), the text of the new provision will appear in this style type. Also, the
44	44	word NEW will appear in that style type in the introductory clause of each SECTION that adds
45	45	a new provision to the Indiana Code or the Indiana Constitution.
46	46	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
47	47	between statutes enacted by the 2023 Regular Session of the General Assembly.
48	48	SENATE BILL No. 165
49	49	A BILL FOR AN ACT to amend the Indiana Code concerning
50	50	education.
51	51	Be it enacted by the General Assembly of the State of Indiana:
52	52	1 SECTION 1. IC 20-18-2-9.5 IS ADDED TO THE INDIANA CODE
53	53	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
54	54	3 1, 2024]: Sec. 9.5. "Instructional day" means any day of the school
55	55	4 year that students in kindergarten through grade 12 participate in
56	56	5 instructional time (as defined in IC 20-30-2-1).
57	57	6 SECTION 2. IC 20-19-3-9.4, AS AMENDED BY P.L.93-2016,
58	58	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
59	59	8 JULY 1, 2024]: Sec. 9.4. (a) Beginning January 1, 2010, the
60	60	9 department may obtain and maintain student test number information
61	61	10 in a manner and form that permits any person who is authorized to
62	62	11 review the information to:
63	63	12 (1) access the information at any time; and
64	64	13 (2) accurately determine:
65	65	14 (A) where each student is enrolled and attending classes; and
66	66	15 (B) the number of students enrolled in a school corporation or
67	67	16 charter school and residing in the area served by a school
68	68	17 corporation;
69	69	2024 IN 165—LS 6760/DI 110 2
70	70	1 as of any date after December 31, 2009, occurring before two (2)
71	71	2 regular instructional days before the date of the inquiry.
72	72	3 Each school corporation and charter school shall provide the
73	73	4 information to the department in the form and on a schedule that
74	74	5 permits the department to comply with this section. The department
75	75	6 shall provide technical assistance to school corporations and charter
76	76	7 schools to assist school corporations and charter schools in complying
77	77	8 with this section.
78	78	9 (b) Beginning with the 2015-2016 school year, each school
79	79	10 corporation and charter school shall annually:
80	80	11 (1) determine, on a form prescribed by the department, whether
81	81	12 a student who attends an adult high school (as defined under
82	82	13 IC 20-24-1-2.3) or a student's parent or a member of the same
83	83	14 household is a member of:
84	84	15 (A) the armed forces of the United States who is on active
85	85	16 duty;
86	86	17 (B) the reserve component of a branch of the armed forces of
87	87	18 the United States; or
88	88	19 (C) the national guard; and
89	89	20 (2) provide to the department a list of the students who have been
90	90	21 identified under subdivision (1).
91	91	22 The information collected by a school corporation or charter school
92	92	23 under subdivision (1) is considered confidential and shall be collected
93	93	24 by the school corporation or charter school under guidelines for
94	94	25 maintaining confidentiality established by the department. The
95	95	26 department shall assign each student identified under subdivision (1)
96	96	27 a unique identifier, which may be a modification of the student's test
97	97	28 number assigned under subsection (a), by which data concerning
98	98	29 military connected students may be disaggregated, including
99	99	30 information concerning attendance records and academic progress.
100	100	31 SECTION 3. IC 20-24.2-3-1, AS AMENDED BY P.L.213-2015,
101	101	32 SECTION 163, IS AMENDED TO READ AS FOLLOWS
102	102	33 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The state board shall establish
103	103	34 stringent criteria to be used to determine whether a high school that
104	104	35 does not meet the requirements under IC 20-24.2-2-2(b) may receive
105	105	36 a waiver to provide instructional days in the manner described in
106	106	37 IC 20-24.2-4-2 and be exempt from any or all of the statutes and rules
107	107	38 listed in IC 20-24.2-4-3. The state board's criteria to approve a high
108	108	39 school's waiver request must be based on a method or methods of
109	109	40 measuring academic standards of the high school, as approved by the
110	110	41 state board. The criteria must require the curriculum and instruction of
111	111	42 a high school to create academic performance at a high level through
112	112	2024 IN 165—LS 6760/DI 110 3
113	113	1 which students are college or career ready and globally competitive
114	114	2 upon graduation from high school.
115	115	3 (b) The state board shall submit the criteria developed by the state
116	116	4 board to grant a waiver under subsection (a) to the general assembly in
117	117	5 an electronic format under IC 5-14-6.
118	118	6 SECTION 4. IC 20-24.2-3-3, AS ADDED BY P.L.201-2013,
119	119	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120	120	8 JULY 1, 2024]: Sec. 3. (a) If a high school provides a waiver request
121	121	9 that meets the requirements of section 2 of this chapter, the state board
122	122	10 may grant the high school's waiver request and certify the high school
123	123	11 as a qualified high school. If the state board grants the high school's
124	124	12 waiver request, the high school is considered to be certified as a
125	125	13 qualified high school and may provide student instructional days in the
126	126	14 manner described in IC 20-24.2-4-2 and is exempt from any or all of
127	127	15 the statutes and rules listed in IC 20-24.2-4-3. The certification is
128	128	16 effective beginning with the school year following the school year in
129	129	17 which the high school is certified.
130	130	18 (b) The state board must act upon a high school's waiver request not
131	131	19 later than sixty (60) days after the waiver request is submitted to the
132	132	20 state board.
133	133	21 SECTION 5. IC 20-24.2-4-2 IS REPEALED [EFFECTIVE JULY
134	134	22 1, 2024]. Sec. 2. (a) During each school year, a qualified district or
135	135	23 qualified high school shall provide at least sixty-four thousand eight
136	136	24 hundred (64,800) minutes of instruction and learning for grades 9
137	137	25 through 12.
138	138	26 (b) A qualified district or qualified high school is not required to
139	139	27 provide at least one hundred eighty (180) student instructional days.
140	140	28 However, the total number of minutes of instruction provided in a
141	141	29 school year under subsection (a) may not be less than the greatest total
142	142	30 number of minutes provided during any one (1) school year of the five
143	143	31 (5) school years immediately preceding the school year.
144	144	32 (c) Student activities that:
145	145	33 (1) are organized by the qualified district or qualified high school;
146	146	34 (2) occur outside the traditional classroom; and
147	147	35 (3) are designed to provide instruction, academic enrichment, or
148	148	36 college and career readiness training;
149	149	37 are included as student instructional time under subsection (a).
150	150	38 SECTION 6. IC 20-26-7-47, AS ADDED BY P.L.189-2023,
151	151	39 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
152	152	40 JULY 1, 2024]: Sec. 47. (a) The following definitions apply throughout
153	153	41 this section:
154	154	42 (1) "Covered school building" has the meaning set forth in
155	155	2024 IN 165—LS 6760/DI 110 4
156	156	1 IC 20-26-7.1-2.1.
157	157	2 (2) "Current school year" refers to a year in which the governing
158	158	3 body is required to conduct a review of school building usage
159	159	4 under subsection (c).
160	160	5 (3) "Enrollment" refers to the following:
161	161	6 (A) Except as provided in clause (B), students counted in
162	162	7 ADM (as defined in IC 20-43-1-6) in the first count date for a
163	163	8 school year fixed under IC 20-43-4-3.
164	164	9 (B) With regard to a school corporation, students counted in a
165	165	10 school corporation's fall count of ADM minus all students
166	166	11 counted in the fall count of ADM who are enrolled in eligible
167	167	12 schools that:
168	168	13 (i) have entered into an agreement with the school
169	169	14 corporation to participate as a participating innovation
170	170	15 network charter school under IC 20-25.7-5; and
171	171	16 (ii) are included in the school corporation's fall ADM count.
172	172	17 (4) "Interested person" has the meaning set forth in
173	173	18 IC 20-26-7.1-2.2.
174	174	19 (b) This section applies to a school corporation only if:
175	175	20 (1) the total student enrollment for in-person instruction in the
176	176	21 school corporation in the current school year is at least ten percent
177	177	22 (10%) less than the student enrollment for in-person instruction
178	178	23 in the school corporation in a school year that precedes the
179	179	24 current school year by five (5); and
180	180	25 (2) the school corporation in the current school year has more
181	181	26 than one (1) school building serving the same grade level as the
182	182	27 school building subject to closure under this section.
183	183	28 (c) Each school year, the governing body of a school corporation
184	184	29 shall review the usage of school buildings used by the school
185	185	30 corporation to determine whether any school building should be closed
186	186	31 for the ensuing school year and subsequent school years.
187	187	32 (d) A school corporation may close a school building for the ensuing
188	188	33 school year (and subsequent school years) if:
189	189	34 (1) at any time the school building had been used for classroom
190	190	35 instruction;
191	191	36 (2) in the current school year and the two (2) school years
192	192	37 immediately preceding the current school year the school building
193	193	38 was underutilized for classroom instruction purposes or other
194	194	39 allowable uses specified by this section;
195	195	40 (3) as of the end of the school year before the school building is
196	196	41 required to be closed under this section, the school corporation
197	197	42 was not subject to a transitional plan adopted by the governing
198	198	2024 IN 165—LS 6760/DI 110 5
199	199	1 body and approved by the department to use the school building
200	200	2 for an allowable use not later than the next school year after the
201	201	3 school building is otherwise required to be closed under this
202	202	4 section;
203	203	5 (4) in the case of a school building that was used in any part in the
204	204	6 current school year for instructional purposes, the school
205	205	7 corporation has another school building:
206	206	8 (A) with sufficient capacity to take the students using the
207	207	9 school building being considered for closure; and
208	208	10 (B) that does not require more than twenty (20) minutes of
209	209	11 travel time by car or bus from the school building being
210	210	12 considered for closure; and
211	211	13 (5) the school building is not a school building described in
212	212	14 IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or
213	213	15 IC 20-26-7.1-3(d).
214	214	16 (e) For purposes of this section, a school building is underutilized
215	215	17 in a school year if the school building is not used for any of the
216	216	18 following allowable uses:
217	217	19 (1) The number of full-time equivalent students enrolled for
218	218	20 in-person instruction in the school building on instructional days
219	219	21 (as determined under IC 20-30-2) for instructional purposes,
220	220	22 averaged over the current school year and the two (2) school years
221	221	23 immediately preceding the current school year, is at least sixty
222	222	24 percent (60%) of:
223	223	25 (A) the known classroom design capacity of the school
224	224	26 building; or
225	225	27 (B) if the design capacity is not known, the average maximum
226	226	28 full-time equivalent enrollment in any of the last twenty-five
227	227	29 (25) years, as validated by records created or maintained by
228	228	30 the department.
229	229	31 (2) The school corporation demonstrates through facts included
230	230	32 in a resolution that the school building is being used and that it is
231	231	33 financially prudent to continue to use the school building,
232	232	34 considering all community resources, for a distinct student
233	233	35 population that reasonably cannot be served through integration
234	234	36 with the general school population, such as students attending an
235	235	37 alternative education program (as defined in IC 20-30-8-1).
236	236	38 However, to be an allowable use under this subdivision, the
237	237	39 average number of full-time equivalent students using the school
238	238	40 building in a school year for instructional purposes must be at
239	239	41 least thirty percent (30%) of:
240	240	42 (A) the known classroom design capacity of the school
241	241	2024 IN 165—LS 6760/DI 110 6
242	242	1 building; or
243	243	2 (B) if the design capacity is not known, the average maximum
244	244	3 full-time equivalent enrollment in any of the last twenty-five
245	245	4 (25) years, as validated by records created or maintained by
246	246	5 the department; and
247	247	6 (if multiple school buildings are used for the same purposes)
248	248	7 combining the student populations into fewer school buildings is
249	249	8 not reasonably feasible.
250	250	9 (3) The school corporation demonstrates through facts included
251	251	10 in a resolution that the school building is being used and that it is
252	252	11 financially prudent to continue to use the school building,
253	253	12 considering all community resources, for administrative or other
254	254	13 school offices. However, to be an allowable use under this
255	255	14 subdivision, at least fifty percent (50%) of the square footage of
256	256	15 the school building must be used for offices, the personnel
257	257	16 headquartered in the school building must consistently use the
258	258	17 space for office purposes, and the occupancy cost of using the
259	259	18 school building cannot be more than comparable office space that
260	260	19 is available in the school district.
261	261	20 (4) The school corporation demonstrates through facts included
262	262	21 in a resolution that the school building is being used and that it is
263	263	22 financially prudent to continue to use the school building,
264	264	23 considering all community resources, for storage. However, to be
265	265	24 an allowable use under this subdivision, at least fifty percent
266	266	25 (50%) of the square footage of the school building must be used
267	267	26 for storage, on average the storage space must be used to capacity,
268	268	27 and the cost of using the school building for storage must be less
269	269	28 than comparable storage space that is available in the school
270	270	29 district.
271	271	30 (5) The school corporation demonstrates through facts included
272	272	31 in a resolution that the school building is being used and that it is
273	273	32 financially prudent to continue to use the school building,
274	274	33 considering all community resources, for a combination of office
275	275	34 space and storage. However, to be an allowable use under this
276	276	35 subdivision, at least fifty percent (50%) of the square footage of
277	277	36 the school building must be used for a combination of office
278	278	37 space and storage and:
279	279	38 (A) the personnel headquartered in the school building must
280	280	39 consistently use the office space for office purposes, and the
281	281	40 occupancy cost of using the office space, calculated using the
282	282	41 costs of operating the school building, cannot be more than
283	283	42 comparable office space that is available in the school district;
284	284	2024 IN 165—LS 6760/DI 110 7
285	285	1 and
286	286	2 (B) on average, the storage space must be used to capacity and
287	287	3 the cost of using the school building for storage must be less
288	288	4 than comparable storage space that is available in the school
289	289	5 district.
290	290	6 (f) Closure of a school building that is:
291	291	7 (1) owned by the school corporation or any other entity that is
292	292	8 related in any way to, or created by, the school corporation or the
293	293	9 governing body; or
294	294	10 (2) jointly owned in the same manner by two (2) or more school
295	295	11 corporations;
296	296	12 shall be carried out in conformity with IC 20-26-7.1.
297	297	13 (g) Before filing a petition under subsection (h), a charter school or
298	298	14 state educational institution that is interested in a school corporation's
299	299	15 school building must give written notice to the school corporation to
300	300	16 determine whether an agreement can be reached regarding the school
301	301	17 corporation making the school building available for lease or purchase
302	302	18 under IC 20-26-7.1.
303	303	19 (h) If an agreement is not reached within forty-five (45) days after
304	304	20 the date that the school corporation receives the notice under
305	305	21 subsection (g), the charter school or state educational institution may
306	306	22 petition the department to initiate or the department on its own may
307	307	23 initiate a proceeding for a determination as to whether a school
308	308	24 building meets the criteria for closure under this section or a covered
309	309	25 school building that is no longer used for classroom instruction by a
310	310	26 school corporation should be made available under IC 20-26-7.1. If a
311	311	27 charter school or state educational institution petitions the department
312	312	28 under this subsection, the charter school or state educational institution
313	313	29 must provide a copy of the petition to the applicable school
314	314	30 corporation.
315	315	31 (i) An interested person that is not otherwise a party to the
316	316	32 proceeding may intervene in the proceeding under subsection (h) as a
317	317	33 party. The school corporation has the burden of going forward with the
318	318	34 evidence and the burden of proof to demonstrate that the school
319	319	35 building does not meet the criteria for closure or the covered school
320	320	36 building is not required to be made available under IC 20-26-7.1.
321	321	37 (j) Not more than sixty (60) days after receiving notice of a petition
322	322	38 under subsection (h), the school corporation must:
323	323	39 (1) file a response to the petition that notifies the department that
324	324	40 the school corporation:
325	325	41 (A) is not contesting the petition; or
326	326	42 (B) is contesting the petition and states the facts upon which
327	327	2024 IN 165—LS 6760/DI 110 8
328	328	1 the school corporation relies in contesting the petition; and
329	329	2 (2) provide a copy of the response to the petitioner and any
330	330	3 intervening party.
331	331	4 (k) If the school corporation:
332	332	5 (1) files a response that the school corporation is not contesting
333	333	6 the petition; or
334	334	7 (2) fails to submit a timely response under subsection (j);
335	335	8 the department shall issue an order granting the petition. A petition and
336	336	9 any response or reply are public documents.
337	337	10 (l) If a school corporation contests a petition under subsection (j),
338	338	11 a party to the proceeding has not more than sixty (60) days after the
339	339	12 date that the school corporation files a response under subsection (j) to
340	340	13 submit a reply to the school corporation's response.
341	341	14 (m) The department shall make a determination regarding a petition
342	342	15 under subsection (h) not more than one hundred twenty (120) days after
343	343	16 the date that the:
344	344	17 (1) petitioner and any intervening party have submitted a reply
345	345	18 under subsection (l); or
346	346	19 (2) time period to reply under subsection (l) has expired.
347	347	20 (n) A school corporation or another party to the proceeding may file
348	348	21 with the state board a petition requesting review of the department's
349	349	22 determination. Upon receipt of a petition under this subsection, the
350	350	23 state board shall review the department's determination. An appeal to
351	351	24 the state board shall be subject to the procedure described in
352	352	25 IC 20-26-11-15(b).
353	353	26 (o) Upon the issuance of a final unappealable order granting a
354	354	27 petition, the school corporation may make the school building available
355	355	28 for lease or purchase in accordance with IC 20-26-7.1.
356	356	29 SECTION 7. IC 20-26-7-48, AS ADDED BY P.L.189-2023,
357	357	30 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358	358	31 JULY 1, 2024]: Sec. 48. (a) The following definitions apply throughout
359	359	32 this section:
360	360	33 (1) "Current school year" refers to a year in which the governing
361	361	34 body is required to conduct a review of school building usage
362	362	35 under section 47(c) of this chapter.
363	363	36 (2) "Enrollment" has the meaning set forth in section 47(a)(3) of
364	364	37 this chapter.
365	365	38 (b) This section applies to a school corporation only if:
366	366	39 (1) the total student enrollment for in-person instruction in the
367	367	40 school corporation in the current school year is at least ten percent
368	368	41 (10%) less than the student enrollment for in-person instruction
369	369	42 in the school corporation in a school year that precedes the
370	370	2024 IN 165—LS 6760/DI 110 9
371	371	1 current school year by five (5); and
372	372	2 (2) the school corporation in the current school year has more
373	373	3 than one (1) school building serving the same grade level as a
374	374	4 school building subject to closure under section 47 of this chapter.
375	375	5 (c) Each school corporation shall annually report to the department,
376	376	6 in the form and on the schedule specified by the department, the
377	377	7 following information:
378	378	8 (1) A listing of all buildings owned or leased by the school
379	379	9 corporation that were originally designed as a school building.
380	380	10 (2) The following information for each building listed in
381	381	11 subdivision (1):
382	382	12 (A) Designed occupancy, regardless of current use.
383	383	13 (B) Current use (and percentage of use) for classroom
384	384	14 instruction, as special use classrooms, as office space, or as
385	385	15 storage or alternatively the building's status as transitioning
386	386	16 from one (1) use or combination of uses to another.
387	387	17 (C) The following information:
388	388	18 (i) Current average full-time equivalent student enrollment
389	389	19 for in-person instruction in the school building on
390	390	20 instructional days (as determined under IC 20-30-2) in a
391	391	21 school year.
392	392	22 (ii) Percentage of instructional use.
393	393	23 (iii) Percentage of use for other purposes.
394	394	24 (D) Self-evaluation of whether the building qualifies for
395	395	25 closure under section 47 of this chapter or the school board
396	396	26 otherwise intends to close the building and the date closure
397	397	27 will occur (if applicable).
398	398	28 SECTION 8. IC 20-26-7.1-5.3, AS ADDED BY P.L.189-2023,
399	399	29 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
400	400	30 JULY 1, 2024]: Sec. 5.3. (a) This section applies to a covered school
401	401	31 building purchased or leased by a charter school under this chapter.
402	402	32 (b) A school corporation may not petition the department under
403	403	33 subsection (c) within the first five (5) years after a charter school
404	404	34 purchased or initially leased a covered school building under this
405	405	35 chapter.
406	406	36 (c) If the number of full-time equivalent students enrolled for
407	407	37 in-person instruction in a school building on instructional days (as
408	408	38 determined under IC 20-30-2) for instructional purposes for a school
409	409	39 year is not at least sixty percent (60%) of:
410	410	40 (1) the known classroom design capacity of the school building;
411	411	41 or
412	412	42 (2) if the design capacity is not known, the average maximum
413	413	2024 IN 165—LS 6760/DI 110 10
414	414	1 full-time equivalent enrollment in any of the last twenty-five (25)
415	415	2 years, as validated by records created or maintained by the
416	416	3 department;
417	417	4 the school corporation that leased or sold the school building to the
418	418	5 charter school may file a petition with the department requesting that
419	419	6 the charter school transfer the school building back to the school
420	420	7 corporation.
421	421	8 (d) Before filing a petition under subsection (c), the school
422	422	9 corporation must give written notice to the charter school to determine
423	423	10 whether an agreement can be reached regarding transferring the school
424	424	11 building to the school corporation.
425	425	12 (e) A petition filed under this section is subject to the same
426	426	13 procedures under IC 20-26-7-47 as a petition filed under
427	427	14 IC 20-26-7-47(h).
428	428	15 SECTION 9. IC 20-26-11-11.5, AS AMENDED BY P.L.108-2019,
429	429	16 SECTION 213, IS AMENDED TO READ AS FOLLOWS
430	430	17 [EFFECTIVE JULY 1, 2024]: Sec. 11.5. (a) The following definitions
431	431	18 apply to this section:
432	432	19 (1) "ADM" means average daily membership (as defined in
433	433	20 IC 20-18-2-2).
434	434	21 (2) "Facility" means a secure private facility described in
435	435	22 IC 31-9-2-115(a)(1).
436	436	23 (3) "School corporation" means the Indiana school or charter
437	437	24 school that is receiving state tuition support for the student at the
438	438	25 time of the student's admission to the facility.
439	439	26 (4) "Student" means an individual who:
440	440	27 (A) is more than five (5) years of age and less than
441	441	28 twenty-three (23) years of age;
442	442	29 (B) has been admitted to a facility; and
443	443	30 (C) was enrolled in a school corporation during the school year
444	444	31 immediately preceding the student's admission to the facility.
445	445	32 (b) This section applies to a student if:
446	446	33 (1) the student is placed in a facility under the written order of a
447	447	34 physician licensed under IC 25-22.5;
448	448	35 (2) the written order of the physician licensed under IC 25-22.5
449	449	36 is based on medical necessity, as determined by a physician
450	450	37 licensed under IC 25-22.5; and
451	451	38 (3) the student receives educational services provided by the
452	452	39 facility.
453	453	40 (c) A facility shall provide written notice to the school corporation
454	454	41 not later than five (5) business days (excluding weekends and holidays)
455	455	42 after a student described in subsection (b) is admitted to the facility.
456	456	2024 IN 165—LS 6760/DI 110 11
457	457	1 The written notice must include the following:
458	458	2 (1) The student's name, address, and date of birth.
459	459	3 (2) The date on which the student was admitted to the facility.
460	460	4 (3) A copy of the physician's written order.
461	461	5 (4) A statement that the student has opted out of attending school
462	462	6 under IC 20-26-11-8.
463	463	7 (5) A statement that the facility will provide all educational
464	464	8 services to the student during the student's admission in the
465	465	9 facility.
466	466	10 (d) The school corporation shall pay the facility a daily per diem as
467	467	11 determined under subsection (e) for the educational services provided
468	468	12 by the facility to the student during the student's admission in the
469	469	13 facility. The school corporation may not be required to pay for any
470	470	14 educational services provided to the student by the facility exceeding
471	471	15 one hundred eighty (180) the minutes of instructional days time
472	472	16 required under IC 20-30-2-3 or an amount exceeding the student's
473	473	17 proportionate share of state distributions paid to the school corporation,
474	474	18 as determined under subsection (e).
475	475	19 (e) A school corporation shall pay to the facility an amount, prorated
476	476	20 according to the number amount of instructional days time for which
477	477	21 the student receives the educational services, equal to:
478	478	22 (1) the student's proportionate share (as compared to the school
479	479	23 corporation's total ADM) of basic tuition support (as determined
480	480	24 under IC 20-43-6-3) distributions that are made to the school
481	481	25 corporation for the school year; and
482	482	26 (2) any special education grants received by the school
483	483	27 corporation for the student under IC 20-43-7.
484	484	28 Upon request of a facility, the department shall verify the amounts
485	485	29 described in this subsection for a student admitted to the facility.
486	486	30 (f) A school corporation responsible for making a per diem payment
487	487	31 under this section shall pay the facility not later than sixty (60) days
488	488	32 after receiving an invoice from the facility. The school corporation and
489	489	33 the facility are entitled to the same remedies for disagreements over
490	490	34 amounts or nonpayment of an amount due as are provided under the
491	491	35 laws governing transfer tuition.
492	492	36 (g) For each student admitted to a facility, the facility shall provide
493	493	37 the following in accordance with rules adopted by the state board:
494	494	38 (1) An educational opportunity, including special education and
495	495	39 related services, that is comparable to that of a student attending
496	496	40 a school in the school corporation.
497	497	41 (2) A level of educational services from the facility that is
498	498	42 comparable to that of a student attending a school in the school
499	499	2024 IN 165—LS 6760/DI 110 12
500	500	1 corporation.
501	501	2 (3) Unless otherwise provided in a student's individualized
502	502	3 education program (as defined in IC 20-18-2-9), educational
503	503	4 services that include at least the following:
504	504	5 (A) An instructional day that meets the requirements of
505	505	6 IC 20-30-2-2.
506	506	7 (B) (A) A school year with at least one hundred eighty (180)
507	507	8 student instructional days as provided that meets the
508	508	9 instructional time requirements under IC 20-30-2-3.
509	509	10 (C) (B) Educationally appropriate textbooks and other
510	510	11 materials.
511	511	12 (D) (C) Educational services provided by licensed teachers.
512	512	13 (h) The state board shall adopt a rule that addresses the
513	513	14 responsibilities of the school corporation and the facility with regard to
514	514	15 a student with an individualized education program.
515	515	16 (i) This section does not limit a student's right to attend a school as
516	516	17 provided in IC 20-26-11-8.
517	517	18 (j) The state board shall adopt rules under IC 4-22-2 as necessary to
518	518	19 implement this section.
519	519	20 (k) The state board may adopt emergency rules in the manner
520	520	21 provided in IC 4-22-2-37.1 to implement this section.
521	521	22 SECTION 10. IC 20-27-13-5, AS ADDED BY P.L.145-2012,
522	522	23 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
523	523	24 JULY 1, 2024]: Sec. 5. Transportation provided under a transportation
524	524	25 program required under section 3 of this chapter may be limited by the
525	525	26 school corporation's governing body to providing transportation to
526	526	27 school immediately before the beginning of an instructional day (as
527	527	28 described in IC 20-30-2-2) and from school immediately after the end
528	528	29 of an instructional day (as described in IC 20-30-2-2) without
529	529	30 additional accommodations for participation in extracurricular
530	530	31 activities.
531	531	32 SECTION 11. IC 20-28-9-15, AS ADDED BY P.L.1-2005,
532	532	33 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
533	533	34 JULY 1, 2024]: Sec. 15. If during the term of the teacher's contract:
534	534	35 (1) the school is closed by order of the:
535	535	36 (A) school corporation; or
536	536	37 (B) health authorities; or
537	537	38 (2) school cannot be conducted through no fault of the teacher;
538	538	39 the teacher shall receive regular payments during that time. If a
539	539	40 canceled student instructional day (as defined in IC 20-30-2-2) is
540	540	41 rescheduled to comply with IC 20-30-2, each teacher and
541	541	42 (notwithstanding IC 20-27-8-7) each school bus driver shall work on
542	542	2024 IN 165—LS 6760/DI 110 13
543	543	1 that rescheduled day without additional compensation.
544	544	2 SECTION 12. IC 20-30-2-2, AS AMENDED BY P.L.201-2013,
545	545	3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
546	546	4 JULY 1, 2024]: Sec. 2. (a) A student instructional day in grades 1
547	547	5 through 6 consists of at least five (5) hours of Subject to the
548	548	6 requirements under section 3 of this chapter, a student
549	549	7 instructional day may consist of any amount of instructional time.
550	550	8 Except as provided in subsection (b), (c), or (d), a student instructional
551	551	9 day in grades 7 through 12 consists of at least six (6) hours of
552	552	10 instructional time.
553	553	11 (b) Except as provided in subsection (c), an instructional day for a
554	554	12 school flex program under section 2.2 of this chapter consists of a
555	555	13 minimum of three (3) hours of instructional time.
556	556	14 (c) A student instructional day for a qualified high school (as
557	557	15 defined in IC 20-24.2-1-3) consists of any amount of instructional time.
558	558	16 (d) A high school student who is enrolled in at least twelve (12)
559	559	17 credit hours of on-campus dual credit courses (as described in
560	560	18 IC 21-43-1-2.5) is not required to comply with subsection (a) during
561	561	19 the semester in which the student is enrolled in at least twelve (12)
562	562	20 credit hours.
563	563	21 SECTION 13. IC 20-30-2-2.2, AS AMENDED BY P.L.147-2020,
564	564	22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
565	565	23 JULY 1, 2024]: Sec. 2.2. (a) As used in this section, "eligible student"
566	566	24 means a student in grade 11 or 12 who has:
567	567	25 (1) failed the graduation exam (before July 1, 2022) or is not on
568	568	26 track to complete a postsecondary readiness competency;
569	569	27 (2) been determined to be chronically absent, by missing ten
570	570	28 percent (10%) or more of a school year for any reason;
571	571	29 (3) been determined to be a habitual truant, as identified under
572	572	30 IC 20-33-2-11;
573	573	31 (4) been significantly behind in credits for graduation, as
574	574	32 identified by an individual's school principal;
575	575	33 (5) previously undergone at least a second suspension from school
576	576	34 for the school year under IC 20-33-8-14 or IC 20-33-8-15;
577	577	35 (6) previously undergone an expulsion from school under
578	578	36 IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16; or
579	579	37 (7) been determined by the individual's principal and the
580	580	38 individual's parent or guardian to benefit by participating in the
581	581	39 school flex program.
582	582	40 (b) An eligible student who participates in a school flex program
583	583	41 must:
584	584	42 (1) attend school for at least three (3) hours of instructional time
585	585	2024 IN 165—LS 6760/DI 110 14
586	586	1 per school day; thirty-two thousand four hundred (32,400)
587	587	2 minutes each school year;
588	588	3 (2) pursue a timely graduation;
589	589	4 (3) provide evidence of college or technical career education
590	590	5 enrollment and attendance or proof of employment and labor that
591	591	6 is aligned with the student's career academic sequence under rules
592	592	7 established by the bureau of youth employment;
593	593	8 (4) not be suspended or expelled while participating in a school
594	594	9 flex program;
595	595	10 (5) pursue course and credit requirements for an Indiana diploma
596	596	11 with a general designation; and
597	597	12 (6) maintain a ninety-five percent (95%) attendance rate.
598	598	13 (c) A school may allow an eligible student in grade 11 or 12 to
599	599	14 complete an instructional day time that consists of three (3) hours of
600	600	15 instructional time at least thirty-two thousand four hundred
601	601	16 (32,400) minutes in a school year if the student participates in the
602	602	17 school flex program.
603	603	18 SECTION 14. IC 20-30-2-3, AS ADDED BY P.L.1-2005,
604	604	19 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605	605	20 JULY 1, 2024]: Sec. 3. (a) Except as provided under section 2.2 of
606	606	21 this chapter, for each school year, a school corporation shall conduct
607	607	22 at least: one hundred eighty (180) student instructional days.
608	608	23 (1) fifty-four thousand (54,000) minutes of instructional time
609	609	24 for students in grades 1 through 6; and
610	610	25 (2) sixty-four thousand eight hundred (64,800) minutes of
611	611	26 instructional time for students in grades 7 through 12.
612	612	27 (b) Not later than June 15 of each school year, the superintendent of
613	613	28 each school corporation shall certify to the department the number of
614	614	29 minutes of student instructional days time conducted during that
615	615	30 school year.
616	616	31 SECTION 15. IC 20-30-2-4, AS AMENDED BY P.L.178-2022(ts),
617	617	32 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
618	618	33 JULY 1, 2024]: Sec. 4. (a) Subject to subsection (c), if a school
619	619	34 corporation fails to conduct the minimum number of student
620	620	35 instructional days minutes during a school year as required under
621	621	36 section 3 of this chapter, the department shall reduce the August tuition
622	622	37 support distribution to that school corporation for a school year by an
623	623	38 amount determined as follows:
624	624	39 STEP ONE: Determine the remainder of:
625	625	40 (A) the amount of the total tuition support allocated to the
626	626	41 school corporation for the particular school year; minus
627	627	42 (B) that part of the total tuition support allocated to the school
628	628	2024 IN 165—LS 6760/DI 110 15
629	629	1 corporation for that school year with respect to student
630	630	2 instructional days one hundred seventy-six (176) through one
631	631	3 hundred eighty (180).
632	632	4 STEP TWO: Subtract the number of student instructional days
633	633	5 that the school corporation conducted from one hundred eighty
634	634	6 (180).
635	635	7 STEP THREE: Determine the lesser of five (5) or the remainder
636	636	8 determined under STEP TWO.
637	637	9 STEP FOUR: Divide the amount subtracted under STEP ONE (B)
638	638	10 by five (5).
639	639	11 STEP FIVE: Multiply the quotient determined under STEP FOUR
640	640	12 by the number determined under STEP THREE.
641	641	13 STEP SIX: Subtract the number determined under STEP THREE
642	642	14 from the remainder determined under STEP TWO.
643	643	15 STEP SEVEN: Divide the remainder determined under STEP
644	644	16 ONE by one hundred seventy-five (175).
645	645	17 STEP EIGHT: Multiply the quotient determined under STEP
646	646	18 SEVEN by the remainder determined under STEP SIX.
647	647	19 STEP NINE: Add the product determined under STEP FIVE to
648	648	20 the product determined under STEP EIGHT.
649	649	21 STEP ONE: Subtract the number of student instructional
650	650	22 minutes that the school corporation conducted for students in
651	651	23 grades 1 through 6 from fifty-four thousand (54,000) for the
652	652	24 particular school year.
653	653	25 STEP TWO: Divide the amount of the total tuition support
654	654	26 allocated to the school corporation for the particular school
655	655	27 year for students in grades 1 through 6 by fifty-four thousand
656	656	28 (54,000).
657	657	29 STEP THREE: Multiply the result determined under STEP
658	658	30 ONE by the result determined under STEP TWO.
659	659	31 STEP FOUR: Subtract the number of student instructional
660	660	32 minutes that the school corporation conducted for students in
661	661	33 grades 7 through 12 from sixty-four thousand eight hundred
662	662	34 (64,800) for the particular school year.
663	663	35 STEP FIVE: Divide the amount of the total tuition support
664	664	36 allocated to the school corporation for the particular school
665	665	37 year for students in grades 7 through 12 by sixty-four
666	666	38 thousand eight hundred (64,800).
667	667	39 STEP SIX: Multiply the result determined under STEP
668	668	40 FOUR by the result determined under STEP FIVE.
669	669	41 STEP SEVEN: Add the result determined under STEP
670	670	42 THREE to the result determined under STEP SIX.
671	671	2024 IN 165—LS 6760/DI 110 16
672	672	1 (b) If the total amount of state tuition support that a school
673	673	2 corporation receives or will receive during a school year decreases
674	674	3 under this section by an amount that is equal to or more than two
675	675	4 hundred fifty thousand dollars ($250,000) from the amount the school
676	676	5 corporation would otherwise be eligible to receive during the school
677	677	6 year as determined under IC 20-43, the budget committee shall review
678	678	7 the amount of and the reason for the decrease before implementation
679	679	8 of the decrease.
680	680	9 (c) If fewer than all of the schools in a school corporation fail to
681	681	10 conduct the minimum number of student instructional days time during
682	682	11 a school year as required under section 3 of this chapter, the reduction
683	683	12 in August tuition support required by this section shall take into
684	684	13 account only the schools in the school corporation that failed to
685	685	14 conduct the minimum number of student instructional days time and
686	686	15 only the grades for which the required number of student instructional
687	687	16 days was not conducted.
688	688	17 SECTION 16. IC 20-30-2-5, AS ADDED BY P.L.1-2005,
689	689	18 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
690	690	19 JULY 1, 2024]: Sec. 5. The department may grant a waiver of the
691	691	20 penalty imposed under section 4 of this chapter for a particular number
692	692	21 of canceled student instructional days minutes if:
693	693	22 (1) the school corporation applies to the department for a waiver
694	694	23 of the penalty imposed under section 4 of this chapter for a
695	695	24 specific number of canceled student instructional days; minutes;
696	696	25 and
697	697	26 (2) each of the particular number of student instructional days
698	698	27 minutes requested to be waived under this section was canceled
699	699	28 due to extraordinary circumstances.
700	700	29 SECTION 17. IC 20-30-8-7, AS AMENDED BY P.L.286-2013,
701	701	30 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
702	702	31 JULY 1, 2024]: Sec. 7. The program organizer may request the
703	703	32 approval from the department for the following:
704	704	33 (1) To receive the grant for alternative education programs under
705	705	34 IC 20-20-33.
706	706	35 (2) To be granted waivers from rules adopted by the state board
707	707	36 that may otherwise interfere with the objectives of the alternative
708	708	37 education program, including waivers of:
709	709	38 (A) certain high school graduation requirements;
710	710	39 (B) the length of the student number of minutes of
711	711	40 instructional day as set forth in time required under
712	712	41 IC 20-30-2-2; IC 20-30-2;
713	713	42 (C) required curriculum and curricular materials;
714	714	2024 IN 165—LS 6760/DI 110 17
715	715	1 (D) teacher certification requirements; and
716	716	2 (E) physical facility requirements.
717	717	3 SECTION 18. IC 20-32-8.5-2, AS AMENDED BY P.L.245-2023,
718	718	4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
719	719	5 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b) or (c),
720	720	6 the plan required by this chapter must include the following:
721	721	7 (1) Reading skill standards for grade 1 through grade 3.
722	722	8 (2) A review of the reading skills of each student in grade 2,
723	723	9 including a review of any:
724	724	10 (A) benchmark, formative, interim, or similar assessment
725	725	11 results, as applicable; and
726	726	12 (B) other information the department determines is
727	727	13 relevant;
728	728	14 to determine whether the student's reading skills are below
729	729	15 the standard.
730	730	16 (3) Implementation of remedial action that occurs before the
731	731	17 student enters grade 3 for each student described in
732	732	18 subdivision (2) whose reading skills are below the standard.
733	733	19 (2) (4) An emphasis on a method for making determinant
734	734	20 evaluations by grade 3 that might require remedial action for the
735	735	21 student, including retention as a last resort, after other methods of
736	736	22 remediation have been evaluated or used, or both, if reading skills
737	737	23 are below the standard. Appropriate consultation with parents or
738	738	24 guardians must be part of the plan.
739	739	25 (3) (5) Requirements for a public school maintained by a school
740	740	26 corporation in which fewer than seventy percent (70%) of
741	741	27 students of the school achieved a valid passing score on the
742	742	28 determinant evaluation of reading skills approved by the state
743	743	29 board. The requirements for the public schools described in this
744	744	30 subdivision must include the following:
745	745	31 (A) Use of curriculum that is:
746	746	32 (i) based on the science of reading; and
747	747	33 (ii) approved by the department.
748	748	34 (B) Employment of an instructional coach trained in the
749	749	35 science of reading.
750	750	36 (C) Administration of the determinant evaluation of reading
751	751	37 skills approved by the state board to students in grade 2.
752	752	38 (D) Use of only benchmark, formative, interim, or similar
753	753	39 assessments that:
754	754	40 (i) show alignment with Indiana's academic standards; and
755	755	41 (ii) are approved by the department.
756	756	42 (4) (6) The fiscal impact of each component of the plan, if any. In
757	757	2024 IN 165—LS 6760/DI 110 18
758	758	1 determining whether a component has a fiscal impact,
759	759	2 consideration shall be given to whether the component will
760	760	3 increase costs to the state or a school corporation or require the
761	761	4 state or school corporation to reallocate resources.
762	762	5 (b) For a charter school, as defined in IC 20-24-1-4, a plan may
763	763	6 include only the following:
764	764	7 (1) The review of reading skills and implementation of
765	765	8 remedial action as described in subsection (a)(2) and (a)(3).
766	766	9 (1) (2) A method for making determinant evaluations of reading
767	767	10 skills by grade 3.
768	768	11 (2) (3) Retention as a last resort for students reading below grade
769	769	12 level as measured by the evaluation or assessment.
770	770	13 (c) This subsection applies to a public school that is not a charter
771	771	14 school. A school corporation may receive a waiver of the requirements
772	772	15 provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an
773	773	16 alternative reading plan provided by the school corporation.
774	774	17 SECTION 19. IC 20-32-8.5-3.5 IS ADDED TO THE INDIANA
775	775	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
776	776	19 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) Beginning with the
777	777	20 2023-2024 school year, each public school, including a charter
778	778	21 school, and state accredited nonpublic school shall submit a report
779	779	22 to the department, by a date and in a manner and form prescribed
780	780	23 by the department, that includes the following information:
781	781	24 (1) The number of students who attend the public school or
782	782	25 state accredited nonpublic school whose reading skills were
783	783	26 determined to be below the standard on the reading skills
784	784	27 evaluation administered under section 2 of this chapter.
785	785	28 (2) Information regarding each student described in
786	786	29 subdivision (1) that includes the following:
787	787	30 (A) A determination by the school regarding the reasons
788	788	31 why the student's reading skills are below the standard.
789	789	32 (B) Particular challenges for the student, including:
790	790	33 (i) whether the student has been placed in an English as
791	791	34 a second language program;
792	792	35 (ii) whether the student has an individualized education
793	793	36 program, service plan developed under 511 IAC 7-34,
794	794	37 choice special, education plan developed under 511
795	795	38 IAC 7-49, or plan developed under Section 504 of the
796	796	39 federal Rehabilitation Act of 1973, 29 U.S.C. 794; and
797	797	40 (iii) whether the student has intellectual, behavioral, or
798	798	41 health challenges.
799	799	42 (C) The number of days the student was absent during the
800	800	2024 IN 165—LS 6760/DI 110 19
801	801	1 school year.
802	802	2 (D) Any disciplinary action taken with regard to the
803	803	3 student during the school year.
804	804	4 (3) Any other information the department determines is
805	805	5 relevant.
806	806	6 (b) Not later than September 1 of each year, the department
807	807	7 shall do the following:
808	808	8 (1) Prepare a report that includes:
809	809	9 (A) a summary of the information provided by schools
810	810	10 under subsection (a); and
811	811	11 (B) a list of schools, if any, that did not provide the
812	812	12 information to the department as required under
813	813	13 subsection (a).
814	814	14 (2) Submit the report to the following:
815	815	15 (A) The governor.
816	816	16 (B) The general assembly in an electronic format under
817	817	17 IC 5-14-6.
818	818	18 (c) Nothing in this section may be construed to require a school
819	819	19 or the department to violate any state or federal privacy laws.
820	820	20 (d) This section expires July 1, 2026.
821	821	21 SECTION 20. IC 20-33-2-19, AS AMENDED BY P.L.226-2019,
822	822	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
823	823	23 JULY 1, 2024]: Sec. 19. (a) When the parent of a student who is
824	824	24 enrolled in a public school makes a written request, the principal may
825	825	25 allow the student to attend a school for religious instruction that is
826	826	26 conducted by a church, an association of churches, or an association
827	827	27 that is organized for religious instruction and incorporated under
828	828	28 Indiana law.
829	829	29 (b) If a principal grants permission under subsection (a), the
830	830	30 principal shall specify a period or periods, not to exceed one hundred
831	831	31 twenty (120) minutes in total in any week, for the student to receive
832	832	32 religious instruction. The permission is valid only for the year in which
833	833	33 it is granted. Decisions made by a principal under this section may be
834	834	34 reviewed by the superintendent.
835	835	35 (c) A school for religious instruction that receives students under
836	836	36 this section:
837	837	37 (1) shall maintain attendance records and allow inspection of
838	838	38 these records by attendance officers; and
839	839	39 (2) may not be supported, in whole or in part, by public funds.
840	840	40 (d) A student who attends a school for religious instruction under
841	841	41 this section shall receive the same attendance credit that the student
842	842	42 would receive for attendance in the public schools for the same length
843	843	2024 IN 165—LS 6760/DI 110 20
844	844	1 of time.
845	845	2 (e) A public secondary school may award academic credit to a
846	846	3 student who attends religious instruction under this section if the
847	847	4 governing body of the school corporation adopts a policy that allows
848	848	5 the awarding of credit. A policy adopted under this subsection must
849	849	6 provide the following:
850	850	7 (1) Classes in religious instruction are evaluated on the basis of
851	851	8 purely secular criteria in substantially the same manner as similar
852	852	9 classes taken by a student at a nonpublic secondary school who
853	853	10 transfers to a public secondary school are evaluated to determine
854	854	11 whether the student receives transfer credit for the classes.
855	855	12 Secular criteria may include the following in addition to other
856	856	13 secular criteria established by the governing body:
857	857	14 (A) The number of hours of classroom instructional time.
858	858	15 (B) A review of the course syllabus that reflects the course
859	859	16 requirements and materials.
860	860	17 (C) Methods of assessment used in the course.
861	861	18 (D) Whether the course is taught by a licensed teacher.
862	862	19 (2) The decision of whether to award academic credit is neutral
863	863	20 as to, and does not involve any test for, religious content or
864	864	21 denominational affiliation.
865	865	22 (3) A provision that a student who attends religious instruction
866	866	23 under this section shall first seek to use a time period during a
867	867	24 student instructional day (as defined in IC 20-30-2-2) that is not
868	868	25 devoted to student instructional time to attend religious
869	869	26 instruction. If a student is not able to attend religious instruction
870	870	27 at a time other than during student instructional time, the student
871	871	28 may not be released to attend religious instruction for an amount
872	872	29 of time per week that exceeds the amount established in
873	873	30 subsection (b).
874	874	31 A student may be awarded a total of not more than two (2) elective
875	875	32 academic credits under this subsection.
876	876	33 SECTION 21. IC 20-43-1-14, AS ADDED BY P.L.2-2006,
877	877	34 SECTION 166, IS AMENDED TO READ AS FOLLOWS
878	878	35 [EFFECTIVE JULY 1, 2024]: Sec. 14. "Full-time equivalency" refers
879	879	36 to the amount amounts determined under IC 20-43-4-6.
880	880	37 SECTION 22. IC 20-43-4-6, AS AMENDED BY P.L.155-2020,
881	881	38 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
882	882	39 JULY 1, 2024]: Sec. 6. (a) In determining ADM, each pupil enrolled
883	883	40 in a public school, including a charter school, and a nonpublic school
884	884	41 is to be counted on a full-time equivalency basis if the pupil:
885	885	42 (1) is enrolled in a public school and a nonpublic school;
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887	887	1 (2) has legal settlement in a school corporation; and
888	888	2 (3) receives instructional services from a school corporation.
889	889	3 (b) For purposes of this section, full-time equivalency is calculated
890	890	4 as follows:
891	891	5 (1) For students in grades 1 through 6, as follows:
892	892	6 STEP ONE: Determine the result of:
893	893	7 (A) the number of days minutes instructional services will
894	894	8 be provided to the pupil, not to exceed one hundred eighty
895	895	9 (180); fifty-four thousand (54,000) minutes; divided by
896	896	10 (B) one hundred eighty (180). fifty-four thousand (54,000).
897	897	11 STEP TWO: Determine the result of:
898	898	12 (A) the pupil's public school instructional time (as defined
899	899	13 in IC 20-30-2-1); divided by
900	900	14 (B) the actual public school regular instructional day (as
901	901	15 defined in IC 20-30-2-2).
902	902	16 STEP THREE: Determine the result of:
903	903	17 (A) the STEP ONE result; multiplied by
904	904	18 (B) the STEP TWO result.
905	905	19 STEP FOUR: TWO: Determine the lesser of one (1) or the
906	906	20 result of:
907	907	21 (A) the STEP THREE ONE result; multiplied by
908	908	22 (B) one and five-hundredths (1.05).
909	909	23 (2) For students in grades 7 through 12, as follows:
910	910	24 STEP ONE: Determine the result of:
911	911	25 (A) the number of minutes instructional services will be
912	912	26 provided to the pupil, not to exceed sixty-four thousand
913	913	27 eight hundred (64,800) minutes; divided by
914	914	28 (B) sixty-four thousand eight hundred (64,800).
915	915	29 STEP TWO: Determine the lesser of one (1) or the result
916	916	30 of:
917	917	31 (A) the STEP ONE result; multiplied by
918	918	32 (B) one and five-hundredths (1.05).
919	919	33 However, the state board may, by rules adopted under IC 4-22-2,
920	920	34 specify an equivalent formula if the state board determines that the
921	921	35 equivalent formula would more accurately reflect the instructional
922	922	36 services provided by a school corporation during a period that a
923	923	37 particular ADM count is in effect for the school corporation.
924	924	38 SECTION 23. An emergency is declared for this act.
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