1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 274 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 6-3-3-5; IC 21-12-16; IC 21-12-16.5. |
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7 | 7 | | Synopsis: Education matters. Defines "teacher" for the next generation |
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8 | 8 | | Hoosier educators and next generation Hoosier minority educators |
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9 | 9 | | scholarship programs and funds. Provides that an applicant may meet |
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10 | 10 | | certain scholarship qualifications by being employed as a full-time |
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11 | 11 | | teacher or full-time school counselor for five years. Increases the |
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12 | 12 | | amount of the tax credit allowed to individuals for contributions to a |
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13 | 13 | | postsecondary educational institution or related foundation in Indiana |
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14 | 14 | | from $100 to $200 in the case of a single return and from $200 to $400 |
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15 | 15 | | in the case of a joint return. |
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16 | 16 | | Effective: January 1, 2024 (retroactive); July 1, 2024. |
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17 | 17 | | Buchanan |
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18 | 18 | | January 11, 2024, read first time and referred to Committee on Education and Career |
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19 | 19 | | Development. |
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20 | 20 | | 2024 IN 274—LS 6661/DI 143 Introduced |
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21 | 21 | | Second Regular Session of the 123rd General Assembly (2024) |
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22 | 22 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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23 | 23 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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24 | 24 | | additions will appear in this style type, and deletions will appear in this style type. |
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25 | 25 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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26 | 26 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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27 | 27 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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28 | 28 | | a new provision to the Indiana Code or the Indiana Constitution. |
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29 | 29 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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30 | 30 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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31 | 31 | | SENATE BILL No. 274 |
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32 | 32 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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33 | 33 | | education. |
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34 | 34 | | Be it enacted by the General Assembly of the State of Indiana: |
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35 | 35 | | 1 SECTION 1. IC 6-3-3-5, AS AMENDED BY P.L.2-2007, |
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36 | 36 | | 2 SECTION 121, IS AMENDED TO READ AS FOLLOWS |
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37 | 37 | | 3 [EFFECTIVE JANUARY 1, 2024 (RETROACTIVE)]: Sec. 5. (a) At |
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38 | 38 | | 4 the election of the taxpayer, there shall be allowed, as a credit against |
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39 | 39 | | 5 the adjusted gross income tax imposed by IC 6-3-1 through IC 6-3-7 for |
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40 | 40 | | 6 the taxable year, an amount (subject to the applicable limitations |
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41 | 41 | | 7 provided by this section) equal to fifty percent (50%) of the aggregate |
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42 | 42 | | 8 amount of charitable contributions made by such taxpayer during such |
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43 | 43 | | 9 year to postsecondary educational institutions located within Indiana |
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44 | 44 | | 10 (including any of its associated colleges in Indiana) or to any |
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45 | 45 | | 11 corporation or foundation organized and operated solely for the benefit |
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46 | 46 | | 12 of any postsecondary educational institution. |
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47 | 47 | | 13 (b) In the case of a taxpayer other than a corporation, the amount |
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48 | 48 | | 14 allowable as a credit under this section for any taxable year shall not |
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49 | 49 | | 15 exceed one two hundred dollars ($100) ($200) in the case of a single |
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50 | 50 | | 16 return or two four hundred dollars ($200) ($400) in the case of a joint |
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51 | 51 | | 17 return. |
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52 | 52 | | 2024 IN 274—LS 6661/DI 143 2 |
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53 | 53 | | 1 (c) In the case of a corporation, the amount allowable as a credit |
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54 | 54 | | 2 under this section for any taxable year shall not exceed: |
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55 | 55 | | 3 (1) ten percent (10%) of such corporation's total adjusted gross |
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56 | 56 | | 4 income tax under IC 6-3-1 through IC 6-3-7 for such year (as |
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57 | 57 | | 5 determined without regard to any credits against that tax); or |
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58 | 58 | | 6 (2) one thousand dollars ($1,000); |
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59 | 59 | | 7 whichever is less. |
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60 | 60 | | 8 (d) A charitable contribution in Indiana qualifies for a credit under |
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61 | 61 | | 9 this section only if the charitable contribution is made to a |
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62 | 62 | | 10 postsecondary educational institution or a corporation or foundation |
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63 | 63 | | 11 organized for the benefit of a postsecondary educational institution |
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64 | 64 | | 12 that: |
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65 | 65 | | 13 (1) normally maintains a regular faculty and curriculum and |
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66 | 66 | | 14 normally has a regularly organized body of students in attendance |
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67 | 67 | | 15 at the place where its educational activities are carried on; |
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68 | 68 | | 16 (2) regularly offers education at a level above the twelfth grade; |
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69 | 69 | | 17 (3) regularly awards either associate, bachelors, masters, or |
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70 | 70 | | 18 doctoral degrees, or any combination thereof; and |
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71 | 71 | | 19 (4) is duly accredited by the North Central Association of |
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72 | 72 | | 20 Colleges and Schools, the Indiana state board of education, or the |
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73 | 73 | | 21 American Association of Theological Schools. |
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74 | 74 | | 22 (e) The credit allowed by this section shall not exceed the amount |
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75 | 75 | | 23 of the adjusted gross income tax imposed by IC 6-3-1 through IC 6-3-7 |
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76 | 76 | | 24 for the taxable year, reduced by the sum of all credits (as determined |
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77 | 77 | | 25 without regard to this section) allowed by IC 6-3-1 through IC 6-3-7. |
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78 | 78 | | 26 SECTION 2. IC 21-12-16-1.5 IS ADDED TO THE INDIANA |
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79 | 79 | | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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80 | 80 | | 28 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter, |
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81 | 81 | | 29 "teacher" refers to a person who is employed by a public school or |
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82 | 82 | | 30 an eligible school (as defined in IC 20-51-1-4.7) as a: |
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83 | 83 | | 31 (1) full-time classroom teacher (as defined in |
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84 | 84 | | 32 IC 20-18-2-22(d)); or |
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85 | 85 | | 33 (2) school counselor (as defined in IC 20-18-2-22(b)(5)); |
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86 | 86 | | 34 whose primary responsibility is the instruction or counseling of |
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87 | 87 | | 35 students. |
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88 | 88 | | 36 SECTION 3. IC 21-12-16-5, AS AMENDED BY P.L.161-2023, |
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89 | 89 | | 37 SECTION 1, AND AS AMENDED BY P.L.242-2023, SECTION 1, |
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90 | 90 | | 38 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL |
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91 | 91 | | 39 OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND |
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92 | 92 | | 40 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: |
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93 | 93 | | 41 Sec. 5. (a) An applicant who is enrolled in an accredited postsecondary |
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94 | 94 | | 42 educational institution after June 30, 2017, may qualify for a |
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95 | 95 | | 2024 IN 274—LS 6661/DI 143 3 |
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96 | 96 | | 1 scholarship under this chapter. section. To qualify for a scholarship, an |
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97 | 97 | | 2 applicant must: |
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98 | 98 | | 3 (1) apply for a scholarship on a form supplied by the commission; |
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99 | 99 | | 4 (2) except as provided in subsection (b), have graduated from an |
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100 | 100 | | 5 Indiana nonaccredited nonpublic or state accredited high school |
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101 | 101 | | 6 accredited under IC 20-31-4.1 and: |
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102 | 102 | | 7 (A) graduated in the highest twenty percent (20%) of students |
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103 | 103 | | 8 in the applicant's high school graduating class; |
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104 | 104 | | 9 (B) received a score in the top twentieth percentile on the SAT |
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105 | 105 | | 10 or ACT examination; or |
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106 | 106 | | 11 (C) achieved a cumulative grade point average upon |
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107 | 107 | | 12 graduation of at least 3.5 3.0 on a 4.0 grading scale (or its |
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108 | 108 | | 13 equivalent if another grading scale is used) for courses taken |
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109 | 109 | | 14 during grades 9, 10, 11, and 12; |
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110 | 110 | | 15 (3) have participated in school activities and community service |
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111 | 111 | | 16 activities during high school; |
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112 | 112 | | 17 (4) have applied to and been accepted for enrollment in an |
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113 | 113 | | 18 accredited postsecondary educational institution approved by the |
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114 | 114 | | 19 commission under section 10 of this chapter; |
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115 | 115 | | 20 (5) agree in writing to: |
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116 | 116 | | 21 (A) obtain a license to teach under IC 20-28-5; and |
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117 | 117 | | 22 (B) teach be employed as a teacher for at least five (5) |
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118 | 118 | | 23 consecutive years in a public school or an eligible school (as |
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119 | 119 | | 24 defined in IC 20-51-1-4.7) in Indiana after graduating with a |
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120 | 120 | | 25 baccalaureate degree from the accredited postsecondary |
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121 | 121 | | 26 educational institution described in subdivision (4); and |
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122 | 122 | | 27 (6) meet any other criteria established by the commission. |
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123 | 123 | | 28 (b) A student who graduates from a nonaccredited nonpublic school |
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124 | 124 | | 29 must meet the requirement described in subsection (a)(2)(B) in order |
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125 | 125 | | 30 to meet the eligibility requirement described in subsection (a)(2). |
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126 | 126 | | 31 SECTION 4. IC 21-12-16.5-1.5 IS ADDED TO THE INDIANA |
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127 | 127 | | 32 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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128 | 128 | | 33 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter, |
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129 | 129 | | 34 "teacher" refers to a person who is employed by a public school or |
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130 | 130 | | 35 an eligible school (as defined in IC 20-51-1-4.7) as a: |
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131 | 131 | | 36 (1) full-time classroom teacher (as defined in |
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132 | 132 | | 37 IC 20-18-2-22(d)); or |
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133 | 133 | | 38 (2) school counselor (as defined in IC 20-18-2-22(b)(5)); |
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134 | 134 | | 39 whose primary responsibility is the instruction or counseling of |
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135 | 135 | | 40 students. |
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136 | 136 | | 41 SECTION 5. IC 21-12-16.5-5, AS ADDED BY P.L.161-2023, |
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137 | 137 | | 42 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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138 | 138 | | 2024 IN 274—LS 6661/DI 143 4 |
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139 | 139 | | 1 JULY 1, 2024]: Sec. 5. (a) An applicant who is enrolled in an |
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140 | 140 | | 2 accredited postsecondary educational institution may qualify for a |
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141 | 141 | | 3 scholarship under this chapter. To qualify for a scholarship, an |
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142 | 142 | | 4 applicant must: |
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143 | 143 | | 5 (1) apply for a scholarship on a form supplied by the commission; |
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144 | 144 | | 6 (2) except as provided in subsection (b), have graduated from an |
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145 | 145 | | 7 Indiana nonaccredited nonpublic or state accredited high school |
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146 | 146 | | 8 accredited under IC 20-31-4.1 and: |
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147 | 147 | | 9 (A) graduated in the highest twenty percent (20%) of students |
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148 | 148 | | 10 in the applicant's high school graduating class; |
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149 | 149 | | 11 (B) received a score in the top twentieth percentile on the SAT |
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150 | 150 | | 12 or ACT examination; or |
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151 | 151 | | 13 (C) achieved a cumulative grade point average upon |
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152 | 152 | | 14 graduation of at least 3.0 on a 4.0 grading scale (or its |
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153 | 153 | | 15 equivalent if another grading scale is used) for courses taken |
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154 | 154 | | 16 during grades 9, 10, 11, and 12; |
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155 | 155 | | 17 (3) have participated in school activities and community service |
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156 | 156 | | 18 activities during high school; |
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157 | 157 | | 19 (4) have applied to and been accepted for enrollment in an |
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158 | 158 | | 20 accredited postsecondary educational institution approved by the |
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159 | 159 | | 21 commission under section 10 of this chapter; |
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160 | 160 | | 22 (5) agree in writing to: |
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161 | 161 | | 23 (A) obtain a license to teach under IC 20-28-5; and |
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162 | 162 | | 24 (B) teach be employed as a teacher for at least five (5) |
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163 | 163 | | 25 consecutive years in a public school or an eligible school (as |
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164 | 164 | | 26 defined in IC 20-51-1-4.7) in Indiana after graduating with a |
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165 | 165 | | 27 baccalaureate degree from the accredited postsecondary |
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166 | 166 | | 28 educational institution described in subdivision (4); |
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167 | 167 | | 29 (6) meet the definition of a minority under IC 21-13-1-6; and |
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168 | 168 | | 30 (7) meet any other criteria established by the commission. |
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169 | 169 | | 31 (b) A student who graduates from a nonaccredited nonpublic school |
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170 | 170 | | 32 must meet the requirement described in subsection (a)(2)(B) in order |
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171 | 171 | | 33 to meet the eligibility requirement described in subsection (a)(2). |
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172 | 172 | | 34 SECTION 6. [EFFECTIVE JANUARY 1, 2024 (RETROACTIVE)] |
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173 | 173 | | 35 (a) IC 6-3-3-5, as amended by this act, applies to taxable years |
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174 | 174 | | 36 beginning after December 31, 2023. |
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175 | 175 | | 37 (b) This SECTION expires July 1, 2028. |
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176 | 176 | | 38 SECTION 7. An emergency is declared for this act. |
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177 | 177 | | 2024 IN 274—LS 6661/DI 143 |
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