Indiana 2024 Regular Session

Indiana Senate Bill SB0213 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. 213
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-17.2.
7	7	Synopsis: Prekindergarten programs. Exempts public schools and
8	8	charter schools from: (1) certain paths to quality program requirements;
9	9	and (2) certain prekindergarten program eligible provider requirements.
10	10	Provides that a prekindergarten child care program located in a public
11	11	school or a charter school is in compliance with certain child care and
12	12	development fund voucher program requirements if approved by
13	13	another state regulatory authority. Requires the office of family and
14	14	social services (office) to request an amendment to include public
15	15	schools and charter schools in the office's child care and development
16	16	fund voucher program.
17	17	Effective: Upon passage; July 1, 2024.
18	18	Alexander
19	19	January 9, 2024, read first time and referred to Committee on Education and Career
20	20	Development.
21	21	2024 IN 213—LS 6557/DI 143 Introduced
22	22	Second Regular Session of the 123rd General Assembly (2024)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2023 Regular Session of the General Assembly.
32	32	SENATE BILL No. 213
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	education.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 12-17.2-3.5-1, AS AMENDED BY P.L.225-2013,
37	37	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38	38	3 JULY 1, 2024]: Sec. 1. (a) This chapter applies to all child care
39	39	4 providers regardless of whether a provider is required to be licensed or
40	40	5 registered under this article. However, except as provided in section
41	41	6 4(b) of this chapter, a child care provider that is licensed under
42	42	7 IC 12-17.2-4 or IC 12-17.2-5 is considered to be in compliance with
43	43	8 this chapter.
44	44	9 (b) If a school age child care program that is:
45	45	10 (1) described in IC 12-17.2-2-8(10); and
46	46	11 (2) located in a school building;
47	47	12 is determined to be in compliance with a requirement of this chapter by
48	48	13 another state regulatory authority, the school age child care program is
49	49	14 considered to be in compliance with the requirement under this
50	50	15 chapter.
51	51	16 (c) If a prekindergarten child care program that is located in a
52	52	17 public school (as defined in IC 20-18-2-15) or a charter school (as
53	53	2024 IN 213—LS 6557/DI 143 2
54	54	1 defined in IC 20-24-1-4) is determined to be in compliance with a
55	55	2 requirement of this chapter by another state regulatory authority,
56	56	3 the prekindergarten child care program is considered to be in
57	57	4 compliance with the requirement under this chapter.
58	58	5 SECTION 2. IC 12-17.2-7.2-2, AS AMENDED BY P.L.268-2019,
59	59	6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	7 JULY 1, 2024]: Sec. 2. As used in this chapter, "eligible provider"
61	61	8 refers to a provider that satisfies the following conditions:
62	62	9 (1) The provider is:
63	63	10 (A) a:
64	64	11 (i) public school, including a charter school;
65	65	12 (ii) (i) child care center licensed under IC 12-17.2-4;
66	66	13 (iii) (ii) child care home licensed under IC 12-17.2-5; or
67	67	14 (iv) (iii) child care ministry registered under IC 12-17.2-6;
68	68	15 that meets the standards of quality recognized by a Level 3 or
69	69	16 Level 4 paths to QUALITY program rating;
70	70	17 (B) a public school (as defined in IC 20-18-2-15) or a
71	71	18 charter school (as defined in IC 20-24-1-4), regardless of
72	72	19 whether the public school or charter school meets the
73	73	20 qualifications necessary to receive voucher payments
74	74	21 under the federal Child Care and Development Fund
75	75	22 voucher program (as defined in IC 12-14-31-1);
76	76	23 (B) (C) a school that is accredited by the state board of
77	77	24 education or a national or regional accreditation agency that is
78	78	25 recognized by the state board of education; or
79	79	26 (C) (D) a school that is accredited to provide qualified early
80	80	27 education services by an accrediting agency approved by the
81	81	28 office of the secretary.
82	82	29 (2) The provider:
83	83	30 (A) provides qualified early education services to eligible and
84	84	31 limited eligibility children; and
85	85	32 (B) complies with the agreement with the office concerning
86	86	33 the delivery of qualified education services and the use of a
87	87	34 grant provided under this chapter.
88	88	35 SECTION 3. IC 12-17.2-7.2-7.3, AS AMENDED BY P.L.246-2023,
89	89	36 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
90	90	37 JULY 1, 2024]: Sec. 7.3. Except for an eligible provider described
91	91	38 in section 2(1)(B) of this chapter, the office shall require, for an
92	92	39 eligible provider to enroll in the prekindergarten program, that the
93	93	40 eligible provider agree to the following:
94	94	41 (1) Comply on a continuing basis with the requirements under this
95	95	42 chapter and rules for participation established by the office.
96	96	2024 IN 213—LS 6557/DI 143 3
97	97	1 (2) Maintain eligibility under this chapter throughout the
98	98	2 prekindergarten program year.
99	99	3 (3) Report immediately any changes in eligibility status to the
100	100	4 office, including the eligible provider's loss of national or regional
101	101	5 accreditation.
102	102	6 (4) Participate in any training and mandatory meetings required
103	103	7 by the office.
104	104	8 (5) Participate in all onsite visits conducted by the office,
105	105	9 including fiscal auditing activities with regard to the
106	106	10 prekindergarten program and prekindergarten program activity
107	107	11 monitoring.
108	108	12 (6) Allow families of eligible or limited eligibility children
109	109	13 enrolled in the prekindergarten program of the eligible provider
110	110	14 to visit at any time the prekindergarten program is in operation.
111	111	15 (7) Maintain accurate online attendance records through the
112	112	16 attendance portal for eligible or limited eligibility children
113	113	17 enrolled in the prekindergarten program and submit attendance
114	114	18 records as required by the office.
115	115	19 (8) Offer parental engagement and involvement activities in the
116	116	20 prekindergarten program of the eligible provider in alignment
117	117	21 with the family engagement framework adopted by the early
118	118	22 learning advisory committee established by IC 12-17.2-3.8-5.
119	119	23 (9) Complete, within the period established by the office, the
120	120	24 Indiana early childhood family engagement toolkit, including the
121	121	25 family engagement self-assessment, adopted by the early learning
122	122	26 advisory committee.
123	123	27 (10) Share information on the family engagement self-assessment
124	124	28 described in subdivision (9) as required by the office.
125	125	29 (11) Participate in research studies as required by the office.
126	126	30 (12) Enforce minimum attendance requirements of at least
127	127	31 eighty-five percent (85%) of the days that the prekindergarten
128	128	32 program of the eligible provider is offered to an eligible or limited
129	129	33 eligibility child.
130	130	34 (13) Inform the office that an eligible or limited eligibility child
131	131	35 has withdrawn from the prekindergarten program of the eligible
132	132	36 provider not later than five (5) days after the eligible or limited
133	133	37 eligibility child is withdrawn.
134	134	38 (14) That retroactive repayment to the state may be required or
135	135	39 future payments may be adjusted as a result of the withdrawal of
136	136	40 an eligible or limited eligibility child or changes in the law.
137	137	41 (15) Maintain records of participation by a family of an eligible
138	138	42 or limited eligibility child in family engagement activities and
139	139	2024 IN 213—LS 6557/DI 143 4
140	140	1 submit records as required by the office.
141	141	2 (16) Promote an eligible or limited eligibility child's social,
142	142	3 emotional, and behavioral health and eliminate or severely limit
143	143	4 the use of expulsion, suspension, and other exclusionary
144	144	5 discipline practices.
145	145	6 (17) Use the exclusionary discipline practices described in
146	146	7 subdivision (16) only as a last resort in extraordinary
147	147	8 circumstances when there is a determination of a serious safety
148	148	9 threat that cannot otherwise be reduced or eliminated by the
149	149	10 provision of reasonable modifications.
150	150	11 (18) Inform and receive approval from the office before the
151	151	12 eligible provider expels, suspends, or uses other exclusionary
152	152	13 discipline practices.
153	153	14 (19) Assist a parent or guardian, upon request by the parent or
154	154	15 guardian, in obtaining information from, referral to, or both
155	155	16 information from and referral to, the public school that serves the
156	156	17 attendance area in which the parent or guardian resides for an
157	157	18 educational evaluation and determination of eligibility for special
158	158	19 education services if developmental delays or reasons to suspect
159	159	20 a disability are observed by the parent, guardian, or teacher of an
160	160	21 eligible or limited eligibility child during the prekindergarten
161	161	22 program year.
162	162	23 SECTION 4. [EFFECTIVE UPON PASSAGE] (a) The office of the
163	163	24 secretary of family and social services established by IC 12-8-1.5-1
164	164	25 shall request approval from the United States Department of
165	165	26 Health and Human Services to include:
166	166	27 (1) a public school (as defined in IC 20-18-2-15); and
167	167	28 (2) a charter school (as defined in IC 20-24-1-4);
168	168	29 in the state plan for the federal Child Care and Development Fund
169	169	30 voucher program (as defined in IC 12-14-31-1) plan.
170	170	31 (b) This SECTION expires July 1, 2025.
171	171	32 SECTION 5. An emergency has been declared for this act.
172	172	2024 IN 213—LS 6557/DI 143