Indiana 2024 Regular Session

Indiana Senate Bill SB0292 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. 292
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-28-6-10; IC 12-8-1.5-20; IC 12-14-31-3;
7	7	IC 12-17.2; IC 20-26; IC 21-12-8.
8	8	Synopsis: Various child care matters. Requires the Indiana economic
9	9	development corporation to submit a report annually to the general
10	10	assembly regarding funds dedicated to supporting child care under
11	11	specified state and federal programs. Requires the office of the
12	12	secretary of family and social services (FSSA) to publish on the FSSA
13	13	website a dashboard providing monthly information regarding federal
14	14	child care subsidies available to Indiana residents. Provides that a
15	15	household is eligible for assistance under the federal Child Care and
16	16	Development Fund (CCDF) voucher program if the household, at the
17	17	time of FSSA's initial determination of the household's income
18	18	eligibility: (1) has a household income that does not exceed 85% of
19	19	Indiana's state median income for the household's family size; (2)
20	20	includes an individual who is employed by a licensed child care center,
21	21	a licensed child care home, or a licensed or registered child care
22	22	ministry; and (3) otherwise meets federal eligibility requirements for
23	23	the CCDF program. Requires FSSA to provide mobile facilities at
24	24	which an individual may, at no charge to the individual, have the
25	25	individual's fingerprints taken for purposes of a national criminal
26	26	history background check required under regulations governing
27	27	employees of child care centers, child care homes, and child care
28	28	ministries. Provides that: (1) the early learning advisory committee
29	29	must commission a third party evaluation to assess existing regulations
30	30	for child care providers not later than May 1, 2024 (rather than July 1,
31	31	2024, under current law); and (2) FSSA must initiate the process of
32	32	amending FSSA's rules in conformance with the findings of the third
33	33	party evaluation not later than July 1, 2024. Provides that the results of
34	34	(Continued next page)
35	35	Effective: Upon passage.
36	36	Pol Jr., Hunley
37	37	January 16, 2024, read first time and referred to Committee on Health and Provider
38	38	Services.
39	39	2024 IN 292—LS 6930/DI 119 Digest Continued
40	40	a national criminal history background check of an individual
41	41	conducted for purposes of the individual's presence on the premises of
42	42	a provider's child care center, child care home, or child care ministry
43	43	apply for purposes of the individual's presence on the premises of any
44	44	child care center or child care ministry, respectively, operated by the
45	45	provider. Provides that a licensed child care center may allow an
46	46	employee who is: (1) at least 18 years of age to supervise a child who
47	47	is less than 12 months of age; and (2) 16 or 17 years of age to supervise
48	48	a child who is 12 months of age or older if the child is also supervised
49	49	by an employee who is at least 18 years of age. Provides that a child is
50	50	eligible for the prekindergarten grant program if the child resides in a
51	51	household with an annual income that does not exceed 400% of the
52	52	amount required for the individual to qualify for the federal free or
53	53	reduced price lunch program. Allows a provider that is eligible to
54	54	participate as a provider in the prekindergarten grant program to lease
55	55	or purchase a vacant school building in the same manner, and under the
56	56	same terms, as a charter school or state educational institution.
57	57	Provides that an individual enrolled in an educational program leading
58	58	to a degree, certificate, or credential necessary to meet the educational
59	59	requirements for: (1) employment in any capacity by a licensed child
60	60	care center or a licensed or registered child care ministry; or (2)
61	61	licensure to operate a child care home; is eligible for a high value
62	62	workforce ready credit-bearing grant. Requires FSSA, in collaboration
63	63	with the department of state revenue, to submit a report to the
64	64	legislative council not later than October 31, 2024, documenting the
65	65	results attributable to: (1) the employer sponsored child care fund; and
66	66	(2) the employer child expenditure credit. Requires FSSA to evaluate
67	67	the micro center model and submit a report summarizing its findings
68	68	and recommendations to the legislative council. Makes conforming
69	69	amendments and technical corrections.
70	70	2024 IN 292—LS 6930/DI 1192024 IN 292—LS 6930/DI 119 Introduced
71	71	Second Regular Session of the 123rd General Assembly (2024)
72	72	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
73	73	Constitution) is being amended, the text of the existing provision will appear in this style type,
74	74	additions will appear in this style type, and deletions will appear in this style type.
75	75	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
76	76	provision adopted), the text of the new provision will appear in this style type. Also, the
77	77	word NEW will appear in that style type in the introductory clause of each SECTION that adds
78	78	a new provision to the Indiana Code or the Indiana Constitution.
79	79	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
80	80	between statutes enacted by the 2023 Regular Session of the General Assembly.
81	81	SENATE BILL No. 292
82	82	A BILL FOR AN ACT to amend the Indiana Code concerning
83	83	human services.
84	84	Be it enacted by the General Assembly of the State of Indiana:
85	85	1 SECTION 1. IC 5-28-6-10 IS ADDED TO THE INDIANA CODE
86	86	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
87	87	3 UPON PASSAGE]: Sec. 10. Not later than October 1, 2024, and not
88	88	4 later than October 1 of each year thereafter, the corporation shall
89	89	5 submit to the executive director of the legislative services agency,
90	90	6 for distribution to the members of the general assembly, a report
91	91	7 regarding funds dedicated to supporting child care under:
92	92	8 (1) the regional economic acceleration and development
93	93	9 initiative (READI) under IC 5-28-41; and
94	94	10 (2) the CHIPS Act of 2022 (P.L. 117-167, 136 Stat. 1366).
95	95	11 The corporation's report under this section must be in an
96	96	12 electronic format under IC 5-14-6.
97	97	13 SECTION 2. IC 12-8-1.5-20 IS ADDED TO THE INDIANA CODE
98	98	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
99	99	15 UPON PASSAGE]: Sec. 20. The office of the secretary shall publish
100	100	2024 IN 292—LS 6930/DI 119 2
101	101	1 on the website of the office of the secretary a dashboard providing
102	102	2 monthly information regarding federal child care subsidies
103	103	3 available to Indiana residents, including the following information:
104	104	4 (1) The number of federal child care subsidies available.
105	105	5 (2) The average copayment required under each available
106	106	6 subsidy.
107	107	7 (3) The number of children on a wait list for each available
108	108	8 subsidy.
109	109	9 (4) Other key indicators, as determined by the office of the
110	110	10 secretary, of the effectiveness of the available child care
111	111	11 subsidies in each Indiana county.
112	112	12 SECTION 3. IC 12-14-31-3 IS ADDED TO THE INDIANA CODE
113	113	13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
114	114	14 UPON PASSAGE]: Sec. 3. A household that, at the time of the office
115	115	15 of the secretary's initial determination of the household's income
116	116	16 eligibility for purposes of entry into the CCDF program:
117	117	17 (1) has a household income that does not exceed eighty-five
118	118	18 percent (85%) of Indiana's state median income for the
119	119	19 household's family size;
120	120	20 (2) includes an individual who is employed by a:
121	121	21 (A) child care center licensed under IC 12-17.2-4;
122	122	22 (B) child care home licensed under IC 12-17.2-5; or
123	123	23 (C) child care ministry licensed or registered under
124	124	24 IC 12-17.2-6; and
125	125	25 (3) otherwise meets federal eligibility requirements for the
126	126	26 CCDF program;
127	127	27 is eligible for assistance under the CCDF program.
128	128	28 SECTION 4. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
129	129	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
130	130	30 [EFFECTIVE UPON PASSAGE]: Sec. 15. The office of the secretary
131	131	31 shall provide mobile facilities at which an individual may, at no
132	132	32 charge to the individual, have the individual's fingerprints taken
133	133	33 for purposes of a national criminal history background check to
134	134	34 which the individual is required to submit under IC 12-17.2-4,
135	135	35 IC 12-17.2-5, or IC 12-17.2-6.
136	136	36 SECTION 5. IC 12-17.2-3.8-5, AS AMENDED BY P.L.246-2023,
137	137	37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
138	138	38 UPON PASSAGE]: Sec. 5. (a) The early learning advisory committee
139	139	39 is established to do the following:
140	140	40 (1) Establish child developmental and educational goals for
141	141	41 Indiana's early learning system, including the development of
142	142	42 standards and objectives for early education programs that receive
143	143	2024 IN 292—LS 6930/DI 119 3
144	144	1 state or federal funds.
145	145	2 (2) Design and maintain an approach to measuring progress
146	146	3 toward the goals established under subdivision (1) that include
147	147	4 objective measures of academic quality.
148	148	5 (3) Assess the attainment of the goals established under
149	149	6 subdivision (1) and evaluate the efficacy of state and federal
150	150	7 spending on Indiana's early learning system.
151	151	8 (4) Assess whether the requirements for early education program
152	152	9 licensure:
153	153	10 (A) create an equitable standard for health and safety across all
154	154	11 early education program types;
155	155	12 (B) reinforce the goals established under subdivision (1); and
156	156	13 (C) support the sustainability of Indiana's early learning
157	157	14 system.
158	158	15 (5) Conduct periodic statewide needs assessments concerning the
159	159	16 quality and availability of early education programs for children
160	160	17 from birth to the age of school entry, including the availability of
161	161	18 high quality prekindergarten education for low income children
162	162	19 in Indiana.
163	163	20 (6) Identify opportunities for, and barriers to, collaboration and
164	164	21 coordination among federally and state funded child development,
165	165	22 child care, and early childhood education programs and services,
166	166	23 including governmental agencies that administer the programs
167	167	24 and services.
168	168	25 (7) Design early education workforce strategies, including
169	169	26 recommendations on how to advance professional development.
170	170	27 (8) Assess the capacity and effectiveness of pathways to support
171	171	28 training and recruitment of early educators.
172	172	29 (9) Not later than November 30 of each year, develop and make
173	173	30 recommendations to the governor and, in an electronic format
174	174	31 under IC 5-14-6, to the legislative council concerning the results
175	175	32 of the committee's work under subdivisions (1) through (8).
176	176	33 (10) Not later than July May 1, 2024, commission a third party
177	177	34 evaluation to assess existing regulations for child care providers
178	178	35 and provide recommendations to:
179	179	36 (A) maintain health and safety standards;
180	180	37 (B) streamline administrative burdens, program standards, and
181	181	38 reporting requirements for child care providers;
182	182	39 (C) provide flexibility for a child care provider with a Level 3
183	183	40 or Level 4 paths to QUALITY program rating to expand to
184	184	41 other locations; and
185	185	42 (D) assist accredited kindergarten through grade 12
186	186	2024 IN 292—LS 6930/DI 119 4
187	187	1 institutions in establishing and providing high quality onsite
188	188	2 child care and early learning programs.
189	189	3 This subdivision expires January 1, 2025.
190	190	4 (11) Not later than December 31, 2023, develop recommendations
191	191	5 for implementing a revised paths to QUALITY program that:
192	192	6 (A) maintains health and safety standards;
193	193	7 (B) integrates objective measures of kindergarten readiness;
194	194	8 (C) contemplates accredited kindergarten through grade 12
195	195	9 institutions as onsite providers; and
196	196	10 (D) incentivizes child care providers to increase wages for
197	197	11 child care workers who complete education and training that
198	198	12 result in a postsecondary degree or industry recognized
199	199	13 credential.
200	200	14 This subdivision expires July 1, 2024.
201	201	15 (b) The committee consists of the following thirteen (13) members:
202	202	16 (1) The secretary of education or the secretary's designee.
203	203	17 (2) The secretary of family and social services or the secretary's
204	204	18 designee.
205	205	19 (3) Seven (7) members appointed by the governor as follows:
206	206	20 (A) A representative of an organization with an interest in
207	207	21 training the early childhood education workforce.
208	208	22 (B) A representative of a Head Start program under 42 U.S.C.
209	209	23 9831 et seq.
210	210	24 (C) A member of the general public who has an interest in
211	211	25 early childhood education.
212	212	26 (D) A representative of an early childhood education provider.
213	213	27 (E) A representative from a school corporation who has an
214	214	28 interest in strengthening the transition from early childhood
215	215	29 education to elementary education.
216	216	30 (F) A representative of business with an interest in early
217	217	31 childhood education.
218	218	32 (G) A representative of the nonprofit or philanthropic
219	219	33 community with an interest in early childhood education.
220	220	34 (4) One (1) member who:
221	221	35 (A) is appointed by the speaker of the house of representatives;
222	222	36 (B) is not a member of the general assembly; and
223	223	37 (C) shall serve as a nonvoting member.
224	224	38 (5) One (1) member who:
225	225	39 (A) is appointed by the president pro tempore of the senate;
226	226	40 (B) is not a member of the general assembly; and
227	227	41 (C) shall serve as a nonvoting member.
228	228	42 (6) One (1) member who:
229	229	2024 IN 292—LS 6930/DI 119 5
230	230	1 (A) is appointed by the minority leader of the house of
231	231	2 representatives;
232	232	3 (B) is not a member of the general assembly; and
233	233	4 (C) shall serve as a nonvoting member.
234	234	5 (7) One (1) member who:
235	235	6 (A) is appointed by the minority leader of the senate;
236	236	7 (B) is not a member of the general assembly; and
237	237	8 (C) shall serve as a nonvoting member.
238	238	9 (c) Subject to section 5.1 of this chapter, members appointed under
239	239	10 subsection (b)(3) through (b)(7) serve for three (3) year terms. The
240	240	11 members of the committee serve at the pleasure of the appointing
241	241	12 authority.
242	242	13 (d) The governor shall appoint a member of the committee to serve
243	243	14 as chairperson of the committee. The committee shall meet at least six
244	244	15 (6) times each calendar year at the call of the chairperson.
245	245	16 (e) The division shall, in consultation with the department of
246	246	17 education, staff the committee.
247	247	18 (f) The expenses of the committee shall be paid from the funds of
248	248	19 the division.
249	249	20 (g) Each member of the committee who is not a state employee is
250	250	21 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
251	251	22 The member is also entitled to reimbursement for traveling expenses
252	252	23 as provided under IC 4-13-1-4 and other expenses actually incurred in
253	253	24 connection with the member's duties as provided in the state policies
254	254	25 and procedures established by the Indiana department of administration
255	255	26 and approved by the budget agency.
256	256	27 (h) Each member of the committee who is a state employee but who
257	257	28 is not a member of the general assembly is entitled to reimbursement
258	258	29 for traveling expenses as provided under IC 4-13-1-4 and other
259	259	30 expenses actually incurred in connection with the member's duties as
260	260	31 provided in the state policies and procedures established by the Indiana
261	261	32 department of administration and approved by the budget agency.
262	262	33 (i) Each member of the committee who is a member of the general
263	263	34 assembly is entitled to receive the same per diem, mileage, and travel
264	264	35 allowances paid to legislative members of interim study committees
265	265	36 established by the legislative council. Per diem, mileage, and travel
266	266	37 allowances paid under this section shall be paid from appropriations
267	267	38 made to the legislative council or the legislative services agency.
268	268	39 (j) The affirmative votes of a majority of the voting members
269	269	40 appointed to the committee are required for the committee to take
270	270	41 action on any measure, including final reports.
271	271	42 SECTION 6. IC 12-17.2-4-3, AS AMENDED BY P.L.183-2021,
272	272	2024 IN 292—LS 6930/DI 119 6
273	273	1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
274	274	2 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child care
275	275	3 center license on forms provided by the division.
276	276	4 (b) An applicant must submit the required information as part of the
277	277	5 application, including the following:
278	278	6 (1) If the county, city, or town in which the child care center is
279	279	7 located requires a business permit or license to operate a child
280	280	8 care center in the county, city, or town, proof that the applicant
281	281	9 has a valid business permit or license.
282	282	10 (2) If the county, city, or town in which the child care center is
283	283	11 located does not require a business permit or license described in
284	284	12 subdivision (1), a statement from the county, city, or town that a
285	285	13 business permit or license is not required.
286	286	14 (3) A current and valid electronic mail address for the applicant.
287	287	15 (c) The applicant must submit with the application a statement
288	288	16 attesting that the applicant:
289	289	17 (1) has not been convicted of:
290	290	18 (A) a felony:
291	291	19 (i) related to the health or safety of a child;
292	292	20 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
293	293	21 (iii) that is a dangerous felony; or
294	294	22 (iv) that is not a felony otherwise described in items (i)
295	295	23 through (iii), and less than ten (10) years have elapsed from
296	296	24 the date the person was discharged from probation,
297	297	25 imprisonment, or parole, whichever discharge date is latest;
298	298	26 (B) a misdemeanor relating to the health or safety of children;
299	299	27 (C) a misdemeanor for operating a child care center without a
300	300	28 license under section 35 of this chapter, or of a substantially
301	301	29 similar offense committed in another jurisdiction if the offense
302	302	30 is directly or indirectly related to jeopardizing the health or
303	303	31 safety of a child; or
304	304	32 (D) a misdemeanor for operating a child care home without a
305	305	33 license under IC 12-17.2-5-35, or of a substantially similar
306	306	34 offense committed in another jurisdiction if the offense is
307	307	35 directly or indirectly related to jeopardizing the health or
308	308	36 safety of a child; and
309	309	37 (2) has not been charged with:
310	310	38 (A) a felony;
311	311	39 (B) a misdemeanor relating to the health or safety of children;
312	312	40 (C) a misdemeanor for operating a child care center without a
313	313	41 license under section 35 of this chapter, or with a substantially
314	314	42 similar offense in another jurisdiction if the offense is directly
315	315	2024 IN 292—LS 6930/DI 119 7
316	316	1 or indirectly related to jeopardizing the health or safety of a
317	317	2 child; or
318	318	3 (D) a misdemeanor for operating a child care home without a
319	319	4 license under IC 12-17.2-5-35, or with a substantially similar
320	320	5 offense in another jurisdiction if the offense is directly or
321	321	6 indirectly related to jeopardizing the health or safety of a child;
322	322	7 during the pendency of the application.
323	323	8 (d) An applicant shall, at no expense to the state, submit:
324	324	9 (1) the necessary information, forms, or consents; and
325	325	10 (2) the applicant's fingerprints;
326	326	11 for a national criminal history background check by the Federal Bureau
327	327	12 of Investigation.
328	328	13 (e) Subject to section 3.3 of this chapter, the applicant must, at no
329	329	14 expense to the state, do the following:
330	330	15 (1) Require an employee or volunteer of the applicant who may
331	331	16 be present on the premises of the child care center during
332	332	17 operating hours of the child care center to submit fingerprints for
333	333	18 a national criminal history background check by the Federal
334	334	19 Bureau of Investigation.
335	335	20 (2) Report to the division any:
336	336	21 (A) police investigations;
337	337	22 (B) arrests; and
338	338	23 (C) criminal convictions;
339	339	24 of which the applicant is aware regarding the applicant or an
340	340	25 employee or volunteer described in subdivision (1).
341	341	26 An applicant shall require an individual described in subdivision (1) to
342	342	27 apply for a national criminal history background check before the
343	343	28 individual is employed or allowed to volunteer and every three (3)
344	344	29 years thereafter that the individual is continuously employed or allowed
345	345	30 to volunteer.
346	346	31 (f) The results of a national criminal history background check
347	347	32 of an individual conducted under this section for purposes of the
348	348	33 individual's presence on the premises of an applicant's child care
349	349	34 center apply for purposes of the individual's presence on the
350	350	35 premises of any child care center operated by the applicant.
351	351	36 SECTION 7. IC 12-17.2-4-4.2 IS ADDED TO THE INDIANA
352	352	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
353	353	38 [EFFECTIVE UPON PASSAGE]: Sec. 4.2. (a) A licensee may allow
354	354	39 an employee of the licensee who is at least eighteen (18) years of
355	355	40 age to supervise a child who is less than twelve (12) months of age.
356	356	41 (b) A licensee may allow an employee of the licensee who is
357	357	42 sixteen (16) or seventeen (17) years of age to supervise a child who
358	358	2024 IN 292—LS 6930/DI 119 8
359	359	1 is twelve (12) months of age or older if the child is also supervised
360	360	2 by an employee of the licensee who is at least eighteen (18) years of
361	361	3 age.
362	362	4 SECTION 8. IC 12-17.2-6-14, AS AMENDED BY P.L.121-2020,
363	363	5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
364	364	6 UPON PASSAGE]: Sec. 14. (a) A child care ministry must do the
365	365	7 following:
366	366	8 (1) Subject to subsection (c), require, at no expense to the state,
367	367	9 an employee or volunteer who may be present on the premises of
368	368	10 the child care ministry during operating hours of the child care
369	369	11 ministry to submit fingerprints for a national criminal history
370	370	12 background check by the Federal Bureau of Investigation.
371	371	13 (2) Report to the division any:
372	372	14 (A) police investigations;
373	373	15 (B) arrests; and
374	374	16 (C) criminal convictions;
375	375	17 of which the operator or director of the child care ministry is
376	376	18 aware regarding an employee or volunteer described in
377	377	19 subdivision (1).
378	378	20 (3) Refrain from employing, or allowing to serve as a volunteer,
379	379	21 an individual who may be present on the premises of the child
380	380	22 care ministry during operating hours of the child care ministry
381	381	23 and who:
382	382	24 (A) has been convicted of a felony:
383	383	25 (i) related to the health or safety of a child;
384	384	26 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
385	385	27 (iii) that is a dangerous felony; or
386	386	28 (iv) that is not a felony otherwise described in items (i)
387	387	29 through (iii), and less than ten (10) years have elapsed from
388	388	30 the date the person was discharged from probation,
389	389	31 imprisonment, or parole, whichever discharge date is latest;
390	390	32 (B) has been convicted of a misdemeanor related to the health
391	391	33 or safety of a child;
392	392	34 (C) has been convicted of a misdemeanor under
393	393	35 IC 12-17.2-4-35 for operating a child care center without a
394	394	36 license, or of a substantially similar offense committed in
395	395	37 another jurisdiction if the offense is directly or indirectly
396	396	38 related to jeopardizing the health or safety of a child;
397	397	39 (D) has been convicted of a misdemeanor under
398	398	40 IC 12-17.2-5-35 for operating a child care home without a
399	399	41 license, or of a substantially similar offense committed in
400	400	42 another jurisdiction if the offense is directly or indirectly
401	401	2024 IN 292—LS 6930/DI 119 9
402	402	1 related to jeopardizing the health or safety of a child; or
403	403	2 (E) is a person against whom an allegation of child abuse or
404	404	3 neglect has been substantiated under IC 31-33, or under a
405	405	4 substantially similar provision in another jurisdiction.
406	406	5 (b) A child care ministry shall require an individual described in
407	407	6 subsection (a)(1) to apply for a national criminal history background
408	408	7 check before the individual is employed or allowed to volunteer and
409	409	8 every three (3) years thereafter that the individual is continuously
410	410	9 employed or allowed to volunteer.
411	411	10 (c) A child care ministry that is registered under this chapter on July
412	412	11 1, 2013, shall, at no expense to the state, meet the requirements under
413	413	12 subsection (a)(1) not later than July 1, 2014.
414	414	13 (d) The results of a national criminal history background check
415	415	14 to which an individual is required to submit to by the operator of
416	416	15 a child care ministry under this section apply for purposes of the
417	417	16 individual's presence on the premises of any child care ministry
418	418	17 operated by the operator.
419	419	18 SECTION 9. IC 12-17.2-7.2-1, AS AMENDED BY P.L.201-2023,
420	420	19 SECTION 138, IS AMENDED TO READ AS FOLLOWS
421	421	20 [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter,
422	422	21 "eligible child" refers to an individual who:
423	423	22 (1) is at least four (4) years of age and less than five (5) years of
424	424	23 age on August 1 of the state fiscal year for which a grant is sought
425	425	24 under the prekindergarten pilot program;
426	426	25 (2) is a resident of Indiana or otherwise has legal settlement in
427	427	26 Indiana, as determined under IC 20-26-11;
428	428	27 (3) is a member of a household with an annual income that does
429	429	28 not exceed one hundred fifty percent (150%) of the federal
430	430	29 poverty level; four hundred percent (400%) of the amount
431	431	30 required for the individual to qualify for the federal free or
432	432	31 reduced price lunch program;
433	433	32 (4) receives qualified early education services from an eligible
434	434	33 provider, as determined by the office;
435	435	34 (5) has a parent or guardian who participates in a parental
436	436	35 engagement and involvement component provided by the eligible
437	437	36 provider;
438	438	37 (6) has a parent or guardian who agrees to ensure that the child
439	439	38 meets the attendance requirements determined by the office; and
440	440	39 (7) meets the requirements under section 7.2(a) and 7.2(c) 7.2(b)
441	441	40 of this chapter.
442	442	41 SECTION 10. IC 12-17.2-7.2-2, AS AMENDED BY P.L.268-2019,
443	443	42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
444	444	2024 IN 292—LS 6930/DI 119 10
445	445	1 UPON PASSAGE]: Sec. 2. As used in this chapter, "eligible provider"
446	446	2 refers to a provider that satisfies the following conditions:
447	447	3 (1) The provider is:
448	448	4 (A) a:
449	449	5 (i) public school, including a charter school;
450	450	6 (ii) child care center licensed under IC 12-17.2-4;
451	451	7 (iii) child care home licensed under IC 12-17.2-5; or
452	452	8 (iv) child care ministry registered under IC 12-17.2-6;
453	453	9 that meets the standards of quality recognized by a Level 3 or
454	454	10 Level 4 paths to QUALITY program rating;
455	455	11 (B) a school that is accredited by the state board of education
456	456	12 or a national or regional accreditation agency that is
457	457	13 recognized by the state board of education; or
458	458	14 (C) a school that is accredited to provide qualified early
459	459	15 education services by an accrediting agency approved by the
460	460	16 office of the secretary.
461	461	17 (2) The provider:
462	462	18 (A) provides qualified early education services to eligible and
463	463	19 limited eligibility children; and
464	464	20 (B) complies with the agreement with the office concerning
465	465	21 the delivery of qualified education services and the use of a
466	466	22 grant provided under this chapter.
467	467	23 SECTION 11. IC 12-17.2-7.2-2.1, AS ADDED BY P.L.268-2019,
468	468	24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469	469	25 UPON PASSAGE]: Sec. 2.1. As used in this chapter, "extended
470	470	26 "enrollment period" refers to the period set forth by the office
471	471	27 beginning not later than June April 1 of each calendar year.
472	472	28 SECTION 12. IC 12-17.2-7.2-2.5 IS REPEALED [EFFECTIVE
473	473	29 UPON PASSAGE]. Sec. 2.5. As used in this chapter, "limited
474	474	30 eligibility child" refers to an individual who:
475	475	31 (1) is at least four (4) years of age and less than five (5) years of
476	476	32 age on August 1 of the state fiscal year for which a grant is sought
477	477	33 under the prekindergarten program;
478	478	34 (2) is a resident of Indiana or otherwise has legal settlement in
479	479	35 Indiana, as determined under IC 20-26-11;
480	480	36 (3) receives qualified early education services from an eligible
481	481	37 provider, as determined by the office;
482	482	38 (4) has a parent or guardian who agrees to ensure that the child
483	483	39 meets the attendance requirements determined by the office;
484	484	40 (5) has a parent or guardian who participates in a parental
485	485	41 engagement and involvement component provided by the eligible
486	486	42 provider;
487	487	2024 IN 292—LS 6930/DI 119 11
488	488	1 (6) is a member of a household with an annual income that does
489	489	2 not exceed one hundred eighty-five percent (185%) of the federal
490	490	3 poverty level;
491	491	4 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
492	492	5 chapter; and
493	493	6 (8) is not an eligible child.
494	494	7 SECTION 13. IC 12-17.2-7.2-5.7 IS REPEALED [EFFECTIVE
495	495	8 UPON PASSAGE]. Sec. 5.7. As used in this chapter, "priority
496	496	9 enrollment period" refers to the period set forth by the office beginning
497	497	10 not later than April 1 of each calendar year, except for calendar year
498	498	11 2021, during which the priority enrollment period may begin later than
499	499	12 April 1, 2021.
500	500	13 SECTION 14. IC 12-17.2-7.2-6, AS AMENDED BY P.L.268-2019,
501	501	14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
502	502	15 UPON PASSAGE]: Sec. 6. As used in this chapter, "qualified early
503	503	16 education services" refers to a program of early education services that:
504	504	17 (1) is provided by an eligible provider to an eligible or limited
505	505	18 eligibility child;
506	506	19 (2) includes a parental engagement and involvement component
507	507	20 in the delivery of early education services that is based on the
508	508	21 requirements and guidelines established by the office;
509	509	22 (3) administers the kindergarten readiness assessment adopted by
510	510	23 the state board of education;
511	511	24 (4) aligns with the early learning development framework for
512	512	25 prekindergarten approved by the department of education under
513	513	26 IC 20-19-3-16; and
514	514	27 (5) meets the design parameters for inclusion in the longitudinal
515	515	28 study described in section 12 of this chapter, as determined by the
516	516	29 office.
517	517	30 SECTION 15. IC 12-17.2-7.2-7, AS AMENDED BY P.L.246-2023,
518	518	31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
519	519	32 UPON PASSAGE]: Sec. 7. (a) The prekindergarten program is
520	520	33 established to provide grants for:
521	521	34 (1) qualified early education services in a manner consistent with
522	522	35 how funds are distributed under the Child Care and Development
523	523	36 Fund (CCDF) grant program; and
524	524	37 (2) expansion plans as described in section 7.4(a)(2) of this
525	525	38 chapter.
526	526	39 (b) The office shall administer the prekindergarten program. The
527	527	40 prekindergarten program may include:
528	528	41 (1) eligible providers in Indiana; and
529	529	42 (2) potential eligible providers or existing eligible providers as
530	530	2024 IN 292—LS 6930/DI 119 12
531	531	1 described in section 7.4 of this chapter.
532	532	2 (c) Beginning July 1, 2020, the total number of grants during the
533	533	3 immediately preceding state fiscal year shall include the number of
534	534	4 grants issued under a preschool program established in March 2015
535	535	5 that operates in a consolidated city.
536	536	6 (d) The prekindergarten program includes eligible providers in any
537	537	7 county in Indiana.
538	538	8 (e) Subject to the requirements of this chapter, the office shall
539	539	9 determine:
540	540	10 (1) the eligibility requirements, application process, and selection
541	541	11 process for awarding grants under the prekindergarten program;
542	542	12 (2) the administration and reporting requirements for:
543	543	13 (A) eligible providers; and
544	544	14 (B) potential eligible providers or existing eligible providers;
545	545	15 participating in the prekindergarten program; and
546	546	16 (3) with the assistance of the early learning advisory committee,
547	547	17 an appropriate outcomes based accountability system for:
548	548	18 (A) eligible providers; and
549	549	19 (B) potential eligible providers or existing eligible providers.
550	550	20 (f) The office shall, subject to the availability of funding, determine
551	551	21 the number of eligible children who will participate in the
552	552	22 prekindergarten program. After December 31, 2019, the office shall,
553	553	23 subject to the availability of funding, determine the number of limited
554	554	24 eligibility children who will participate in the prekindergarten program.
555	555	25 SECTION 16. IC 12-17.2-7.2-7.2, AS AMENDED BY
556	556	26 P.L.268-2019, SECTION 9, IS AMENDED TO READ AS FOLLOWS
557	557	27 [EFFECTIVE UPON PASSAGE]: Sec. 7.2. (a) For an eligible child to
558	558	28 qualify for a grant under this chapter, the eligible child must reside
559	559	29 with a parent or guardian who is:
560	560	30 (1) working or attending a job training or an educational program;
561	561	31 or
562	562	32 (2) actively seeking employment, subject to the approval by the
563	563	33 United States Department of Health and Human Services as
564	564	34 provided in 45 CFR 98.21.
565	565	35 (b) For a limited eligibility child to qualify for a grant under this
566	566	36 chapter, the limited eligibility child must reside with a parent or
567	567	37 guardian who:
568	568	38 (1) is working or attending a job training or an educational
569	569	39 program;
570	570	40 (2) is actively seeking employment, subject to the approval by the
571	571	41 United States Department of Health and Human Services as
572	572	42 provided in 45 CFR 98.21; or
573	573	2024 IN 292—LS 6930/DI 119 13
574	574	1 (3) receives Social Security Disability Insurance or Supplemental
575	575	2 Security Income benefits.
576	576	3 (c) (b) Before the office may award a grant to an eligible or limited
577	577	4 eligibility child under this chapter, the office shall require that a parent
578	578	5 or guardian of the eligible or limited eligibility child agree to the
579	579	6 following:
580	580	7 (1) The eligible or limited eligibility child will attend the
581	581	8 prekindergarten program of an eligible provider selected by the
582	582	9 parent or guardian for the full duration of the prekindergarten
583	583	10 program year.
584	584	11 (2) The parent or guardian will not transfer to another
585	585	12 prekindergarten program during the prekindergarten program
586	586	13 year.
587	587	14 (3) The eligible or limited eligibility child will attend the
588	588	15 prekindergarten program at least eighty-five percent (85%) of the
589	589	16 days that the prekindergarten program is provided.
590	590	17 (4) The parent or guardian will allow the eligible or limited
591	591	18 eligibility child to participate in an external evaluation conducted
592	592	19 by researchers, including the kindergarten readiness assessment
593	593	20 and measuring of developmental and academic progress.
594	594	21 (5) The parent or guardian will participate in family engagement
595	595	22 and involvement activities offered by the selected prekindergarten
596	596	23 program, including meetings with the eligible or limited eligibility
597	597	24 child's teacher to discuss the eligible or limited eligibility child's
598	598	25 progress or any other conference concerning the eligible or
599	599	26 limited eligibility child that is requested by the eligible provider.
600	600	27 (6) The parent or guardian will complete the necessary forms for
601	601	28 the eligible child or limited eligibility child to receive a student
602	602	29 test number from the department of education.
603	603	30 (7) The parent or guardian will send the eligible or limited
604	604	31 eligibility child to kindergarten.
605	605	32 (8) The parent or guardian will read to the eligible or limited
606	606	33 eligibility child each week.
607	607	34 (9) Any other condition the office determines is appropriate.
608	608	35 (d) (c) Priority may be given to an eligible or limited eligibility child
609	609	36 under this section if a parent or guardian of the eligible or limited
610	610	37 eligibility child is:
611	611	38 (1) involved in activities that improve the parent's or guardian's
612	612	39 education; or
613	613	40 (2) involved in job training.
614	614	41 SECTION 17. IC 12-17.2-7.2-7.3, AS AMENDED BY
615	615	42 P.L.246-2023, SECTION 12, IS AMENDED TO READ AS
616	616	2024 IN 292—LS 6930/DI 119 14
617	617	1 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.3. The office
618	618	2 shall require, for an eligible provider to enroll in the prekindergarten
619	619	3 program, that the eligible provider agree to the following:
620	620	4 (1) Comply on a continuing basis with the requirements under this
621	621	5 chapter and rules for participation established by the office.
622	622	6 (2) Maintain eligibility under this chapter throughout the
623	623	7 prekindergarten program year.
624	624	8 (3) Report immediately any changes in eligibility status to the
625	625	9 office, including the eligible provider's loss of national or regional
626	626	10 accreditation.
627	627	11 (4) Participate in any training and mandatory meetings required
628	628	12 by the office.
629	629	13 (5) Participate in all onsite visits conducted by the office,
630	630	14 including fiscal auditing activities with regard to the
631	631	15 prekindergarten program and prekindergarten program activity
632	632	16 monitoring.
633	633	17 (6) Allow families of eligible or limited eligibility children
634	634	18 enrolled in the prekindergarten program of the eligible provider
635	635	19 to visit at any time the prekindergarten program is in operation.
636	636	20 (7) Maintain accurate online attendance records through the
637	637	21 attendance portal for eligible or limited eligibility children
638	638	22 enrolled in the prekindergarten program and submit attendance
639	639	23 records as required by the office.
640	640	24 (8) Offer parental engagement and involvement activities in the
641	641	25 prekindergarten program of the eligible provider in alignment
642	642	26 with the family engagement framework adopted by the early
643	643	27 learning advisory committee established by IC 12-17.2-3.8-5.
644	644	28 (9) Complete, within the period established by the office, the
645	645	29 Indiana early childhood family engagement toolkit, including the
646	646	30 family engagement self-assessment, adopted by the early learning
647	647	31 advisory committee.
648	648	32 (10) Share information on the family engagement self-assessment
649	649	33 described in subdivision (9) as required by the office.
650	650	34 (11) Participate in research studies as required by the office.
651	651	35 (12) Enforce minimum attendance requirements of at least
652	652	36 eighty-five percent (85%) of the days that the prekindergarten
653	653	37 program of the eligible provider is offered to an eligible or limited
654	654	38 eligibility child.
655	655	39 (13) Inform the office that an eligible or limited eligibility child
656	656	40 has withdrawn from the prekindergarten program of the eligible
657	657	41 provider not later than five (5) days after the eligible or limited
658	658	42 eligibility child is withdrawn.
659	659	2024 IN 292—LS 6930/DI 119 15
660	660	1 (14) That retroactive repayment to the state may be required or
661	661	2 future payments may be adjusted as a result of the withdrawal of
662	662	3 an eligible or limited eligibility child or changes in the law.
663	663	4 (15) Maintain records of participation by a family of an eligible
664	664	5 or limited eligibility child in family engagement activities and
665	665	6 submit records as required by the office.
666	666	7 (16) Promote an eligible or limited eligibility child's social,
667	667	8 emotional, and behavioral health and eliminate or severely limit
668	668	9 the use of expulsion, suspension, and other exclusionary
669	669	10 discipline practices.
670	670	11 (17) Use the exclusionary discipline practices described in
671	671	12 subdivision (16) only as a last resort in extraordinary
672	672	13 circumstances when there is a determination of a serious safety
673	673	14 threat that cannot otherwise be reduced or eliminated by the
674	674	15 provision of reasonable modifications.
675	675	16 (18) Inform and receive approval from the office before the
676	676	17 eligible provider expels, suspends, or uses other exclusionary
677	677	18 discipline practices.
678	678	19 (19) Assist a parent or guardian, upon request by the parent or
679	679	20 guardian, in obtaining information from, referral to, or both
680	680	21 information from and referral to, the public school that serves the
681	681	22 attendance area in which the parent or guardian resides for an
682	682	23 educational evaluation and determination of eligibility for special
683	683	24 education services if developmental delays or reasons to suspect
684	684	25 a disability are observed by the parent, guardian, or teacher of an
685	685	26 eligible or limited eligibility child during the prekindergarten
686	686	27 program year.
687	687	28 SECTION 18. IC 12-17.2-7.2-7.4, AS AMENDED BY
688	688	29 P.L.246-2023, SECTION 13, IS AMENDED TO READ AS
689	689	30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.4. (a) To qualify
690	690	31 as a potential eligible provider or existing eligible provider, an
691	691	32 applicant must:
692	692	33 (1) provide an expansion plan to the office that details the
693	693	34 potential eligible provider's or existing eligible provider's plan to:
694	694	35 (A) increase the capacity of providers of qualified early
695	695	36 education services to serve a greater number of eligible or
696	696	37 limited eligibility children;
697	697	38 (B) increase the number of providers of qualified early
698	698	39 education services; or
699	699	40 (C) increase the capacity as described in clause (A) and
700	700	41 increase the number as described in clause (B);
701	701	42 (2) comply with the agreement with the office concerning the plan
702	702	2024 IN 292—LS 6930/DI 119 16
703	703	1 under subdivision (1) and the use of a grant awarded under this
704	704	2 chapter;
705	705	3 (3) agree:
706	706	4 (A) to operate as an eligible provider; or
707	707	5 (B) that the applicant intends to operate as an eligible
708	708	6 provider;
709	709	7 (4) agree that the applicant will not use any grant funds awarded
710	710	8 under this section for capital expenditures; and
711	711	9 (5) comply with any other standards and procedures established
712	712	10 under this chapter.
713	713	11 (b) Subject to subsections (c) and (d), the office may award a grant
714	714	12 to an applicant that meets the requirements of subsection (a).
715	715	13 (c) The office may not use more than a total of twenty percent (20%)
716	716	14 of the money in the fund each state fiscal year:
717	717	15 (1) for grants awarded under this chapter to potential eligible
718	718	16 providers and existing eligible providers for expansion plans; and
719	719	17 (2) to meet any state match amounts required for a federal grant
720	720	18 described in subsection (f).
721	721	19 (d) The office may not award grant funds under this section to an
722	722	20 applicant for any of the following:
723	723	21 (1) The purchase of land or a building.
724	724	22 (2) The construction or expansion of a building.
725	725	23 (e) If a potential eligible provider or existing eligible provider fails
726	726	24 to:
727	727	25 (1) use the grant funds in accordance with the expansion plan
728	728	26 described in subsection (a); or
729	729	27 (2) comply with the agreement entered into with the office under
730	730	28 subsection (a);
731	731	29 the potential eligible provider or existing eligible provider shall repay
732	732	30 to the office the total amount of the grant awarded to the potential
733	733	31 eligible provider or existing eligible provider under this chapter.
734	734	32 (f) The office may use money in the fund that is allocated for
735	735	33 expansion plans under this section for a state fiscal year to meet any
736	736	34 state match amounts required for a federal grant if the purpose of the
737	737	35 federal grant is that the grant money be used for increasing:
738	738	36 (1) the capacity;
739	739	37 (2) the number; or
740	740	38 (3) both the capacity and number;
741	741	39 of providers of early education services for children four (4) years of
742	742	40 age.
743	743	41 SECTION 19. IC 12-17.2-7.2-7.8, AS AMENDED BY
744	744	42 P.L.246-2023, SECTION 15, IS AMENDED TO READ AS
745	745	2024 IN 292—LS 6930/DI 119 17
746	746	1 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.8. (a) The office
747	747	2 shall make random onsite inspections each year, as determined
748	748	3 necessary by the office, at the facility of:
749	749	4 (1) an eligible provider; or
750	750	5 (2) a potential eligible provider or existing eligible provider;
751	751	6 that receives a grant under this chapter.
752	752	7 (b) The office may determine that an eligible provider or potential
753	753	8 eligible provider or existing eligible provider is not eligible to receive
754	754	9 a grant under the prekindergarten program if the eligible provider or
755	755	10 potential eligible provider or existing eligible provider:
756	756	11 (1) fails to comply with this chapter; or
757	757	12 (2) refuses to allow, during normal business hours, the office or
758	758	13 an agent of the office to inspect the facility at which the eligible
759	759	14 provider or potential eligible provider or existing eligible provider
760	760	15 operates a child care program for eligible or limited eligibility
761	761	16 children.
762	762	17 SECTION 20. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019,
763	763	18 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
764	764	19 UPON PASSAGE]: Sec. 8. (a) The office shall determine:
765	765	20 (1) which applicants shall be awarded a grant; and
766	766	21 (2) subject to subsection (b) and to the availability of funding, the
767	767	22 amount of each grant.
768	768	23 (b) At least five percent (5%) but not more than fifty percent (50%)
769	769	24 of the:
770	770	25 (1) tuition for eligible or limited eligibility children under the
771	771	26 prekindergarten pilot program; or
772	772	27 (2) expansion plan described in section 7.4(a) of this chapter;
773	773	28 during the state fiscal year must be paid from donations, gifts, grants,
774	774	29 bequests, and other funds received from a private entity or person, from
775	775	30 the United States government, or from other sources (excluding funds
776	776	31 from a grant provided under this chapter and excluding other state
777	777	32 funding). The office may receive and administer grants on behalf of the
778	778	33 prekindergarten pilot program. The grants shall be distributed by the
779	779	34 office to fulfill the requirements of this subsection.
780	780	35 (c) The amount of a grant made under the pilot prekindergarten
781	781	36 program to an eligible or limited eligibility child:
782	782	37 (1) who attends a prekindergarten program full time must equal
783	783	38 at least two thousand five hundred dollars ($2,500) during the
784	784	39 state fiscal year; and
785	785	40 (2) may not exceed six thousand eight hundred dollars ($6,800)
786	786	41 from state money provided under this chapter during the state
787	787	42 fiscal year.
788	788	2024 IN 292—LS 6930/DI 119 18
789	789	1 SECTION 21. IC 12-17.2-7.2-8.1, AS AMENDED BY
790	790	2 P.L.246-2023, SECTION 16, IS AMENDED TO READ AS
791	791	3 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.1. (a) If funds are
792	792	4 appropriated by the general assembly, grants to limited eligibility
793	793	5 children may not exceed:
794	794	6 (1) twenty percent (20%) of the amount appropriated for a
795	795	7 particular state fiscal year if families with children four (4) years
796	796	8 of age are on the waiting list for funds available under the Child
797	797	9 Care Development Fund; or
798	798	10 (2) forty percent (40%) of the amount appropriated for a
799	799	11 particular state fiscal year if there is no waiting list for children
800	800	12 four (4) years of age for funds available under the Child Care
801	801	13 Development Fund.
802	802	14 (b) During the priority enrollment period, the office shall provide
803	803	15 grants to eligible children in the prekindergarten program on a
804	804	16 first-come, first-served basis to the extent of available funding. The
805	805	17 office shall date stamp and reserve applications for limited eligibility
806	806	18 children received during the priority enrollment period for processing
807	807	19 during the extended enrollment period.
808	808	20 (c) During the extended enrollment period, the office shall provide
809	809	21 grants to eligible children and limited eligibility children in the
810	810	22 prekindergarten program on a first-come, first-served basis to the
811	811	23 extent of available funding and in accordance with the limit established
812	812	24 by subsection (a).
813	813	25 SECTION 22. IC 12-17.2-7.2-13.1, AS AMENDED BY
814	814	26 P.L.246-2023, SECTION 20, IS AMENDED TO READ AS
815	815	27 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.1. The office
816	816	28 shall post monthly on the office's website the total enrollment of and
817	817	29 number of grants awarded to
818	818	30 (1) all eligible children (before January 1, 2020); and
819	819	31 (2) after December 31, 2019, both:
820	820	32 (A) all eligible children; and
821	821	33 (B) all limited eligibility children;
822	822	34 for each county that participates in the prekindergarten program.
823	823	35 SECTION 23. IC 12-17.2-7.2-13.5, AS AMENDED BY
824	824	36 P.L.246-2023, SECTION 21, IS AMENDED TO READ AS
825	825	37 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.5. (a) The
826	826	38 prekindergarten program fund is established to:
827	827	39 (1) provide grants to eligible or limited eligibility children for
828	828	40 qualified early education services under this chapter;
829	829	41 (2) carry out the longitudinal study described in section 12 of this
830	830	42 chapter;
831	831	2024 IN 292—LS 6930/DI 119 19
832	832	1 (3) provide grants to potential eligible providers and existing
833	833	2 eligible providers as set forth in section 7.4 of this chapter; and
834	834	3 (4) make payments to reimburse costs incurred to provide
835	835	4 in-home early education services under IC 12-17.2-7.5.
836	836	5 (b) The fund consists of:
837	837	6 (1) money appropriated to the fund by the general assembly; and
838	838	7 (2) grants or gifts to the fund.
839	839	8 (c) The fund shall be administered by the office.
840	840	9 (d) The expenses of administering the fund shall be paid from
841	841	10 money in the fund.
842	842	11 (e) Money in the fund is continuously appropriated for the purposes
843	843	12 provided under this article.
844	844	13 (f) The treasurer of state shall invest the money in the fund not
845	845	14 currently needed to meet the obligations of the fund in the same
846	846	15 manner as other public funds may be invested.
847	847	16 SECTION 24. IC 20-26-7-47, AS ADDED BY P.L.189-2023,
848	848	17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
849	849	18 UPON PASSAGE]: Sec. 47. (a) The following definitions apply
850	850	19 throughout this section:
851	851	20 (1) "Covered school building" has the meaning set forth in
852	852	21 IC 20-26-7.1-2.1.
853	853	22 (2) "Current school year" refers to a year in which the governing
854	854	23 body is required to conduct a review of school building usage
855	855	24 under subsection (c).
856	856	25 (3) "Eligible provider" has the meaning set forth in
857	857	26 IC 12-17.2-7.2-2.
858	858	27 (3) (4) "Enrollment" refers to the following:
859	859	28 (A) Except as provided in clause (B), students counted in
860	860	29 ADM (as defined in IC 20-43-1-6) in the first count date for a
861	861	30 school year fixed under IC 20-43-4-3.
862	862	31 (B) With regard to a school corporation, students counted in a
863	863	32 school corporation's fall count of ADM minus all students
864	864	33 counted in the fall count of ADM who are enrolled in eligible
865	865	34 schools that:
866	866	35 (i) have entered into an agreement with the school
867	867	36 corporation to participate as a participating innovation
868	868	37 network charter school under IC 20-25.7-5; and
869	869	38 (ii) are included in the school corporation's fall ADM count.
870	870	39 (4) (5) "Interested person" has the meaning set forth in
871	871	40 IC 20-26-7.1-2.2.
872	872	41 (b) This section applies to a school corporation only if:
873	873	42 (1) the total student enrollment for in-person instruction in the
874	874	2024 IN 292—LS 6930/DI 119 20
875	875	1 school corporation in the current school year is at least ten percent
876	876	2 (10%) less than the student enrollment for in-person instruction
877	877	3 in the school corporation in a school year that precedes the
878	878	4 current school year by five (5); and
879	879	5 (2) the school corporation in the current school year has more
880	880	6 than one (1) school building serving the same grade level as the
881	881	7 school building subject to closure under this section.
882	882	8 (c) Each school year, the governing body of a school corporation
883	883	9 shall review the usage of school buildings used by the school
884	884	10 corporation to determine whether any school building should be closed
885	885	11 for the ensuing school year and subsequent school years.
886	886	12 (d) A school corporation may close a school building for the ensuing
887	887	13 school year (and subsequent school years) if:
888	888	14 (1) at any time the school building had been used for classroom
889	889	15 instruction;
890	890	16 (2) in the current school year and the two (2) school years
891	891	17 immediately preceding the current school year the school building
892	892	18 was underutilized for classroom instruction purposes or other
893	893	19 allowable uses specified by this section;
894	894	20 (3) as of the end of the school year before the school building is
895	895	21 required to be closed under this section, the school corporation
896	896	22 was not subject to a transitional plan adopted by the governing
897	897	23 body and approved by the department to use the school building
898	898	24 for an allowable use not later than the next school year after the
899	899	25 school building is otherwise required to be closed under this
900	900	26 section;
901	901	27 (4) in the case of a school building that was used in any part in the
902	902	28 current school year for instructional purposes, the school
903	903	29 corporation has another school building:
904	904	30 (A) with sufficient capacity to take the students using the
905	905	31 school building being considered for closure; and
906	906	32 (B) that does not require more than twenty (20) minutes of
907	907	33 travel time by car or bus from the school building being
908	908	34 considered for closure; and
909	909	35 (5) the school building is not a school building described in
910	910	36 IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or
911	911	37 IC 20-26-7.1-3(d).
912	912	38 (e) For purposes of this section, a school building is underutilized
913	913	39 in a school year if the school building is not used for any of the
914	914	40 following allowable uses:
915	915	41 (1) The number of full-time equivalent students enrolled for
916	916	42 in-person instruction in the school building on instructional days
917	917	2024 IN 292—LS 6930/DI 119 21
918	918	1 (as determined under IC 20-30-2) for instructional purposes,
919	919	2 averaged over the current school year and the two (2) school years
920	920	3 immediately preceding the current school year, is at least sixty
921	921	4 percent (60%) of:
922	922	5 (A) the known classroom design capacity of the school
923	923	6 building; or
924	924	7 (B) if the design capacity is not known, the average maximum
925	925	8 full-time equivalent enrollment in any of the last twenty-five
926	926	9 (25) years, as validated by records created or maintained by
927	927	10 the department.
928	928	11 (2) The school corporation demonstrates through facts included
929	929	12 in a resolution that the school building is being used and that it is
930	930	13 financially prudent to continue to use the school building,
931	931	14 considering all community resources, for a distinct student
932	932	15 population that reasonably cannot be served through integration
933	933	16 with the general school population, such as students attending an
934	934	17 alternative education program (as defined in IC 20-30-8-1).
935	935	18 However, to be an allowable use under this subdivision, the
936	936	19 average number of full-time equivalent students using the school
937	937	20 building in a school year for instructional purposes must be at
938	938	21 least thirty percent (30%) of:
939	939	22 (A) the known classroom design capacity of the school
940	940	23 building; or
941	941	24 (B) if the design capacity is not known, the average maximum
942	942	25 full-time equivalent enrollment in any of the last twenty-five
943	943	26 (25) years, as validated by records created or maintained by
944	944	27 the department; and
945	945	28 (if multiple school buildings are used for the same purposes)
946	946	29 combining the student populations into fewer school buildings is
947	947	30 not reasonably feasible.
948	948	31 (3) The school corporation demonstrates through facts included
949	949	32 in a resolution that the school building is being used and that it is
950	950	33 financially prudent to continue to use the school building,
951	951	34 considering all community resources, for administrative or other
952	952	35 school offices. However, to be an allowable use under this
953	953	36 subdivision, at least fifty percent (50%) of the square footage of
954	954	37 the school building must be used for offices, the personnel
955	955	38 headquartered in the school building must consistently use the
956	956	39 space for office purposes, and the occupancy cost of using the
957	957	40 school building cannot be more than comparable office space that
958	958	41 is available in the school district.
959	959	42 (4) The school corporation demonstrates through facts included
960	960	2024 IN 292—LS 6930/DI 119 22
961	961	1 in a resolution that the school building is being used and that it is
962	962	2 financially prudent to continue to use the school building,
963	963	3 considering all community resources, for storage. However, to be
964	964	4 an allowable use under this subdivision, at least fifty percent
965	965	5 (50%) of the square footage of the school building must be used
966	966	6 for storage, on average the storage space must be used to capacity,
967	967	7 and the cost of using the school building for storage must be less
968	968	8 than comparable storage space that is available in the school
969	969	9 district.
970	970	10 (5) The school corporation demonstrates through facts included
971	971	11 in a resolution that the school building is being used and that it is
972	972	12 financially prudent to continue to use the school building,
973	973	13 considering all community resources, for a combination of office
974	974	14 space and storage. However, to be an allowable use under this
975	975	15 subdivision, at least fifty percent (50%) of the square footage of
976	976	16 the school building must be used for a combination of office
977	977	17 space and storage and:
978	978	18 (A) the personnel headquartered in the school building must
979	979	19 consistently use the office space for office purposes, and the
980	980	20 occupancy cost of using the office space, calculated using the
981	981	21 costs of operating the school building, cannot be more than
982	982	22 comparable office space that is available in the school district;
983	983	23 and
984	984	24 (B) on average, the storage space must be used to capacity and
985	985	25 the cost of using the school building for storage must be less
986	986	26 than comparable storage space that is available in the school
987	987	27 district.
988	988	28 (f) Closure of a school building that is:
989	989	29 (1) owned by the school corporation or any other entity that is
990	990	30 related in any way to, or created by, the school corporation or the
991	991	31 governing body; or
992	992	32 (2) jointly owned in the same manner by two (2) or more school
993	993	33 corporations;
994	994	34 shall be carried out in conformity with IC 20-26-7.1.
995	995	35 (g) Before filing a petition under subsection (h), a an eligible
996	996	36 provider, a charter school, or a state educational institution that is
997	997	37 interested in a school corporation's school building must give written
998	998	38 notice to the school corporation to determine whether an agreement can
999	999	39 be reached regarding the school corporation making the school
1000	1000	40 building available for lease or purchase under IC 20-26-7.1.
1001	1001	41 (h) If an agreement is not reached within forty-five (45) days after
1002	1002	42 the date that the school corporation receives the notice under
1003	1003	2024 IN 292—LS 6930/DI 119 23
1004	1004	1 subsection (g), the eligible provider, charter school, or state
1005	1005	2 educational institution may petition the department to initiate, or the
1006	1006	3 department on its own may initiate, a proceeding for a determination
1007	1007	4 as to whether a school building meets the criteria for closure under this
1008	1008	5 section or a covered school building that is no longer used for
1009	1009	6 classroom instruction by a school corporation should be made available
1010	1010	7 under IC 20-26-7.1. If a an eligible provider, a charter school, or a
1011	1011	8 state educational institution petitions the department under this
1012	1012	9 subsection, the eligible provider, charter school, or state educational
1013	1013	10 institution must provide a copy of the petition to the applicable school
1014	1014	11 corporation.
1015	1015	12 (i) An interested person that is not otherwise a party to the
1016	1016	13 proceeding may intervene in the proceeding under subsection (h) as a
1017	1017	14 party. The school corporation has the burden of going forward with the
1018	1018	15 evidence and the burden of proof to demonstrate that the school
1019	1019	16 building does not meet the criteria for closure or the covered school
1020	1020	17 building is not required to be made available under IC 20-26-7.1.
1021	1021	18 (j) Not more than sixty (60) days after receiving notice of a petition
1022	1022	19 under subsection (h), the school corporation must:
1023	1023	20 (1) file a response to the petition that notifies the department that
1024	1024	21 the school corporation:
1025	1025	22 (A) is not contesting the petition; or
1026	1026	23 (B) is contesting the petition and states the facts upon which
1027	1027	24 the school corporation relies in contesting the petition; and
1028	1028	25 (2) provide a copy of the response to the petitioner and any
1029	1029	26 intervening party.
1030	1030	27 (k) If the school corporation:
1031	1031	28 (1) files a response that the school corporation is not contesting
1032	1032	29 the petition; or
1033	1033	30 (2) fails to submit a timely response under subsection (j);
1034	1034	31 the department shall issue an order granting the petition. A petition and
1035	1035	32 any response or reply are public documents.
1036	1036	33 (l) If a school corporation contests a petition under subsection (j),
1037	1037	34 a party to the proceeding has not more than sixty (60) days after the
1038	1038	35 date that the school corporation files a response under subsection (j) to
1039	1039	36 submit a reply to the school corporation's response.
1040	1040	37 (m) The department shall make a determination regarding a petition
1041	1041	38 under subsection (h) not more than one hundred twenty (120) days after
1042	1042	39 the date that the:
1043	1043	40 (1) petitioner and any intervening party have submitted a reply
1044	1044	41 under subsection (l); or
1045	1045	42 (2) time period to reply under subsection (l) has expired.
1046	1046	2024 IN 292—LS 6930/DI 119 24
1047	1047	1 (n) A school corporation or another party to the proceeding may file
1048	1048	2 with the state board a petition requesting review of the department's
1049	1049	3 determination. Upon receipt of a petition under this subsection, the
1050	1050	4 state board shall review the department's determination. An appeal to
1051	1051	5 the state board shall be subject to the procedure described in
1052	1052	6 IC 20-26-11-15(b).
1053	1053	7 (o) Upon the issuance of a final unappealable order granting a
1054	1054	8 petition, the school corporation may make the school building available
1055	1055	9 for lease or purchase in accordance with IC 20-26-7.1.
1056	1056	10 SECTION 25. IC 20-26-7-48, AS ADDED BY P.L.189-2023,
1057	1057	11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1058	1058	12 UPON PASSAGE]: Sec. 48. (a) The following definitions apply
1059	1059	13 throughout this section:
1060	1060	14 (1) "Current school year" refers to a year in which the governing
1061	1061	15 body is required to conduct a review of school building usage
1062	1062	16 under section 47(c) of this chapter.
1063	1063	17 (2) "Enrollment" has the meaning set forth in section 47(a)(3)
1064	1064	18 47(a)(4) of this chapter.
1065	1065	19 (b) This section applies to a school corporation only if:
1066	1066	20 (1) the total student enrollment for in-person instruction in the
1067	1067	21 school corporation in the current school year is at least ten percent
1068	1068	22 (10%) less than the student enrollment for in-person instruction
1069	1069	23 in the school corporation in a school year that precedes the
1070	1070	24 current school year by five (5); and
1071	1071	25 (2) the school corporation in the current school year has more
1072	1072	26 than one (1) school building serving the same grade level as a
1073	1073	27 school building subject to closure under section 47 of this chapter.
1074	1074	28 (c) Each school corporation shall annually report to the department,
1075	1075	29 in the form and on the schedule specified by the department, the
1076	1076	30 following information:
1077	1077	31 (1) A listing of all buildings owned or leased by the school
1078	1078	32 corporation that were originally designed as a school building.
1079	1079	33 (2) The following information for each building listed in
1080	1080	34 subdivision (1):
1081	1081	35 (A) Designed occupancy, regardless of current use.
1082	1082	36 (B) Current use (and percentage of use) for classroom
1083	1083	37 instruction, as special use classrooms, as office space, or as
1084	1084	38 storage or alternatively the building's status as transitioning
1085	1085	39 from one (1) use or combination of uses to another.
1086	1086	40 (C) The following information:
1087	1087	41 (i) Current average full-time equivalent student enrollment
1088	1088	42 for in-person instruction in the school building on
1089	1089	2024 IN 292—LS 6930/DI 119 25
1090	1090	1 instructional days (as determined under IC 20-30-2) in a
1091	1091	2 school year.
1092	1092	3 (ii) Percentage of instructional use.
1093	1093	4 (iii) Percentage of use for other purposes.
1094	1094	5 (D) Self-evaluation of whether the building qualifies for
1095	1095	6 closure under section 47 of this chapter or the school board
1096	1096	7 otherwise intends to close the building and the date closure
1097	1097	8 will occur (if applicable).
1098	1098	9 SECTION 26. IC 20-26-7.1-1.9 IS ADDED TO THE INDIANA
1099	1099	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
1100	1100	11 [EFFECTIVE UPON PASSAGE]: Sec. 1.9. The definitions in
1101	1101	12 IC 12-17.2-7.2-1, IC 12-17.2-7.2-2, and IC 12-17.2-7.2-6 apply
1102	1102	13 throughout this chapter.
1103	1103	14 SECTION 27. IC 20-26-7.1-2.2, AS ADDED BY P.L.189-2023,
1104	1104	15 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1105	1105	16 UPON PASSAGE]: Sec. 2.2. As used in this chapter, "interested
1106	1106	17 person" refers to the following:
1107	1107	18 (1) Each state educational institution.
1108	1108	19 (2) Each charter school in a county where a school corporation
1109	1109	20 with a covered school building subject to closure is located.
1110	1110	21 (3) All charter school authorizers (excluding school corporation
1111	1111	22 authorizers as defined in IC 20-24-1-2.5(1)).
1112	1112	23 (4) Each trade or professional organization representing charter
1113	1113	24 schools listed as an organization representing charter schools on
1114	1114	25 the website of the department or otherwise known to a school
1115	1115	26 corporation with a covered school building subject to closure.
1116	1116	27 (5) The Indiana charter school board.
1117	1117	28 (6) Each charter school that is not described in subdivision (2)
1118	1118	29 that has provided a written notice of interest in a covered school
1119	1119	30 building to the department.
1120	1120	31 (7) Each eligible provider in a county where a school
1121	1121	32 corporation with a covered school building subject to closure
1122	1122	33 is located.
1123	1123	34 SECTION 28. IC 20-26-7.1-3, AS AMENDED BY P.L.189-2023,
1124	1124	35 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1125	1125	36 UPON PASSAGE]: Sec. 3. (a) Except as provided in section 1 of this
1126	1126	37 chapter or subsection (b), (c), or (d), before a governing body may sell,
1127	1127	38 exchange, lease, demolish, hold without operating, or dispose of a
1128	1128	39 covered school building, a governing body shall make available for
1129	1129	40 lease or purchase by a an eligible provider, a charter school, or a state
1130	1130	41 educational institution any covered school building owned by the
1131	1131	42 school corporation or any other entity that is related in any way to, or
1132	1132	2024 IN 292—LS 6930/DI 119 26
1133	1133	1 created by, the school corporation or the governing body, including a
1134	1134	2 building corporation, that the governing body elects to close or the
1135	1135	3 school corporation is required to close under IC 20-26-7-47, in order
1136	1136	4 for the covered school building to be used by: a:
1137	1137	5 (1) an eligible provider to provide qualified early education
1138	1138	6 services to eligible children;
1139	1139	7 (1) (2) a charter school to conduct prekindergarten through grade
1140	1140	8 12 classroom instruction; or
1141	1141	9 (2) (3) a state educational institution for an academic purpose.
1142	1142	10 (b) The following are not required to comply with this chapter:
1143	1143	11 (1) A governing body that vacates a covered school building in
1144	1144	12 order to:
1145	1145	13 (A) renovate the covered school building for a future
1146	1146	14 allowable use by the school corporation as permitted under
1147	1147	15 IC 20-26-7-47; or
1148	1148	16 (B) demolish the covered school building, in whole or part,
1149	1149	17 and build a new school building or an addition to a school
1150	1150	18 building on the same site as the demolished building.
1151	1151	19 (2) An emergency manager of a distressed school corporation
1152	1152	20 under IC 6-1.1-20.3.
1153	1153	21 (3) The governing body of the School City of East Chicago school
1154	1154	22 corporation for the Carrie Gosch Elementary School building.
1155	1155	23 (c) This section does not apply to a covered school building in
1156	1156	24 which a governing body under IC 20-26-5-4(a)(7) entered a lease prior
1157	1157	25 to January 1, 2019, with a state accredited nonpublic school. In
1158	1158	26 addition, the governing body may, during or at the expiration of the
1159	1159	27 term of such lease, sell the school building leased under
1160	1160	28 IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually
1161	1161	29 agreed to by the governing body and the nonpublic school.
1162	1162	30 (d) This section does not apply to a covered school building of a
1163	1163	31 school corporation to which the following apply:
1164	1164	32 (1) The school corporation had, before January 1, 2023, entered
1165	1165	33 into a lease or memorandum of understanding with a nonprofit
1166	1166	34 organization exempt from federal taxation under Section
1167	1167	35 501(c)(3) through 501(c)(7) of the Internal Revenue Code for the
1168	1168	36 use of the covered school building.
1169	1169	37 (2) The lease or memorandum of understanding described in
1170	1170	38 subdivision (1):
1171	1171	39 (A) continues in effect;
1172	1172	40 (B) is renewed; or
1173	1173	41 (C) is replaced by a new lease or memorandum of
1174	1174	42 understanding that is entered into between the school
1175	1175	2024 IN 292—LS 6930/DI 119 27
1176	1176	1 corporation and the nonprofit organization described in
1177	1177	2 subdivision (1).
1178	1178	3 (3) The nonprofit organization described in subdivision (1) uses
1179	1179	4 the covered school building for an educational purpose
1180	1180	5 throughout the term of any lease or memorandum of
1181	1181	6 understanding.
1182	1182	7 If at any time the conditions under subdivisions (2) and (3) are not met,
1183	1183	8 the covered school building is subject to IC 20-26-7-47 and this
1184	1184	9 chapter.
1185	1185	10 (e) A covered school building that a school corporation closes or is
1186	1186	11 required to close may not be retained by the school corporation for
1187	1187	12 storage or office use unless the conditions of IC 20-26-7-47(e)(3),
1188	1188	13 IC 20-26-7-47(e)(4), or IC 20-26-7-47(e)(5) are met.
1189	1189	14 SECTION 29. IC 20-26-7.1-4, AS AMENDED BY P.L.189-2023,
1190	1190	15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1191	1191	16 UPON PASSAGE]: Sec. 4. (a) A school corporation shall notify the
1192	1192	17 department not later than thirty (30) days after the date the governing
1193	1193	18 body elects to close a covered school building and include with the
1194	1194	19 notification whether the school corporation contends that the building
1195	1195	20 should or should not be made available as provided by this chapter.
1196	1196	21 The school corporation shall notify the department in the annual report
1197	1197	22 required under IC 20-26-7-48 that the school corporation elects to or
1198	1198	23 is required under IC 20-26-7-47 to close a covered school building. The
1199	1199	24 notice must be in the annual report submitted under IC 20-26-7-48 after
1200	1200	25 the school elects to or is required to close the covered school building.
1201	1201	26 The department shall notify interested persons concerning the
1202	1202	27 availability of a covered school building under subsection (d).
1203	1203	28 (b) Not later than fifteen (15) days after:
1204	1204	29 (1) the department receives the earliest notice under subsection
1205	1205	30 (a); or
1206	1206	31 (2) if the department determines that a covered school building
1207	1207	32 qualifies for closure under IC 20-26-7-47, the date a final order to
1208	1208	33 close a covered school building is issued under IC 20-26-7-47;
1209	1209	34 the governing body shall take the actions specified by this subsection
1210	1210	35 and subsection (c). The department shall order a school corporation to
1211	1211	36 comply with this subsection and subsection (c) and request that the
1212	1212	37 attorney general enforce the order under section 9(a) of this chapter.
1213	1213	38 (c) The governing body shall do the following:
1214	1214	39 (1) Make the covered school building available for inspection by
1215	1215	40 a an eligible provider, a charter school, or a state educational
1216	1216	41 institution that notifies the department that it is interested in
1217	1217	42 leasing or purchasing the covered school building.
1218	1218	2024 IN 292—LS 6930/DI 119 28
1219	1219	1 (2) Make the following information available to a an eligible
1220	1220	2 provider, a charter school, or a state educational institution
1221	1221	3 described in subdivision (1):
1222	1222	4 (A) Estimates of the operating expenses for the covered school
1223	1223	5 building for the past three (3) years.
1224	1224	6 (B) Written information regarding the condition of the covered
1225	1225	7 school building, including the age of the roof and the HVAC
1226	1226	8 system, and any known conditions which, in the governing
1227	1227	9 body's opinion, require prompt repair or replacement.
1228	1228	10 (C) A legal description of the property.
1229	1229	11 (d) Not later than fifteen (15) days after the earlier of:
1230	1230	12 (1) receiving the earliest notice under subsection (a); or
1231	1231	13 (2) if the department determines that a covered school building
1232	1232	14 qualifies for closure under IC 20-26-7-47, the date a final
1233	1233	15 unappealable order to close a covered school building is issued
1234	1234	16 under IC 20-26-7-47;
1235	1235	17 the department shall place a notice on the department's website that the
1236	1236	18 covered school building is available for purchase or lease under this
1237	1237	19 chapter and provide written notification to each interested person,
1238	1238	20 including the date when the covered school building will close, no
1239	1239	21 longer be used, or become vacant.
1240	1240	22 (e) The school corporation shall lease the covered school building
1241	1241	23 to a an eligible provider, a charter school, or a state educational
1242	1242	24 institution for one dollar ($1) per year for as long as the eligible
1243	1243	25 provider uses the covered school building for the provision of
1244	1244	26 qualified early education services to eligible children, the state
1245	1245	27 educational institution uses the covered school building for an
1246	1246	28 academic purpose, or the charter school uses the covered school
1247	1247	29 building for classroom instruction, for a term at the eligible provider's,
1248	1248	30 state educational institution's, or charter school's discretion, or sell the
1249	1249	31 covered school building for one dollar ($1), if the eligible provider,
1250	1250	32 charter school, or state educational institution does the following:
1251	1251	33 (1) Within ninety (90) days of receiving the department's notice
1252	1252	34 under subsection (d), a an eligible provider, a charter school, or
1253	1253	35 a state educational institution must submit a preliminary request
1254	1254	36 to purchase or lease the covered school building.
1255	1255	37 (2) Subject to subsection (f), within ninety (90) days of receiving
1256	1256	38 the department's notice under subsection (d), a an eligible
1257	1257	39 provider, a charter school, or a state educational institution must
1258	1258	40 submit to the school corporation the following information:
1259	1259	41 (A) The name of the eligible provider, charter school, or state
1260	1260	42 educational institution that is interested in leasing or
1261	1261	2024 IN 292—LS 6930/DI 119 29
1262	1262	1 purchasing the covered school building.
1263	1263	2 (B) A time frame, which may not exceed two (2) years from
1264	1264	3 the date that the covered school building is to be closed, no
1265	1265	4 longer used, or no longer occupied, in which the:
1266	1266	5 (i) eligible provider intends to begin using the covered
1267	1267	6 school building for the provision of qualified early
1268	1268	7 education services to eligible children;
1269	1269	8 (i) (ii) charter school intends to begin providing classroom
1270	1270	9 instruction in the covered school building; or
1271	1271	10 (ii) (iii) state educational institution intends to begin using
1272	1272	11 the covered school building for an academic purpose.
1273	1273	12 (C) The following:
1274	1274	13 (i) If the interested person is an eligible provider, a
1275	1275	14 statement from the eligible provider that, after the
1276	1276	15 eligible provider has made any necessary repairs and
1277	1277	16 modifications, the covered school building will be
1278	1278	17 suitable for use in providing qualified early education
1279	1279	18 services.
1280	1280	19 (ii) If the interested person is a charter school or state
1281	1281	20 educational institution, a resolution, adopted by the board
1282	1282	21 of the charter school or state educational institution stating
1283	1283	22 that the board of the charter school or state educational
1284	1284	23 institution has determined that, after the charter school or
1285	1285	24 state educational institution has made any necessary repairs
1286	1286	25 or modifications, the covered school building will be
1287	1287	26 sufficient to meet the charter school's or state educational
1288	1288	27 institution's needs and can be operated within the charter
1289	1289	28 school's or state educational institution's budget.
1290	1290	29 (f) If the department does not receive any preliminary requests to
1291	1291	30 purchase or lease a covered school building within the time frame
1292	1292	31 described in subsection (e)(1), the department shall send notification
1293	1293	32 to the school corporation that the department has not received any
1294	1294	33 preliminary requests to purchase or lease the covered school building.
1295	1295	34 Upon receipt of the notification under this subsection, the school
1296	1296	35 corporation may sell or otherwise dispose of the covered school
1297	1297	36 building in accordance with IC 36-1-11, IC 20-25-4-14, and
1298	1298	37 IC 20-26-5-4(a)(7).
1299	1299	38 (g) If only one (1) eligible provider submits a preliminary
1300	1300	39 request to purchase or lease a covered school building within the
1301	1301	40 time frame described in subsection (e)(1), the department shall:
1302	1302	41 (1) notify the school corporation of the identity of the eligible
1303	1303	42 provider; and
1304	1304	2024 IN 292—LS 6930/DI 119 30
1305	1305	1 (2) direct the school corporation to complete a sale or lease to
1306	1306	2 the eligible provider in accordance with subsection (n).
1307	1307	3 (h) If one (1) or more eligible providers submit preliminary
1308	1308	4 requests to purchase or lease a covered school building within the
1309	1309	5 time frame described in subsection (e)(1), a selection committee
1310	1310	6 shall be established consisting of:
1311	1311	7 (1) one (1) member appointed by the executive of the largest
1312	1312	8 city or town in the county in which the covered school
1313	1313	9 building is located;
1314	1314	10 (2) one (1) member appointed by the city or town council of
1315	1315	11 the largest city or town in the county in which the covered
1316	1316	12 school building is located;
1317	1317	13 (3) one (1) member appointed by the county commissioners of
1318	1318	14 the county in which the covered school building is located;
1319	1319	15 (4) one (1) member appointed by the county council of the
1320	1320	16 county in which the covered school building is located; and
1321	1321	17 (5) one (1) member appointed by the chamber of commerce of
1322	1322	18 the county in which the covered school building is located.
1323	1323	19 (i) Not later than sixty (60) days after the date on which all
1324	1324	20 members of a selection committee are appointed under subsection
1325	1325	21 (h), the committee shall select which eligible provider may proceed
1326	1326	22 to purchase or lease the covered school building or shall determine
1327	1327	23 whether more than one (1) eligible provider should co-locate within
1328	1328	24 the covered school building. The committee shall base the
1329	1329	25 committee's decision on the following criteria:
1330	1330	26 (1) The committee shall give preference to an existing eligible
1331	1331	27 provider that has a proven track record of providing qualified
1332	1332	28 early education services.
1333	1333	29 (2) If:
1334	1334	30 (A) more than one (1) of the eligible providers has a proven
1335	1335	31 track record of providing qualified early education
1336	1336	32 services; and
1337	1337	33 (B) only one (1) of the eligible providers is operating in the
1338	1338	34 county in which the covered school building is located;
1339	1339	35 the committee shall give preference to the eligible provider
1340	1340	36 operating in the same county as the covered school building.
1341	1341	37 In the event that the committee determines that two (2) or more
1342	1342	38 eligible providers should co-locate in the covered school building,
1343	1343	39 the eligible providers have sixty (60) days to submit a
1344	1344	40 memorandum of understanding stating that the eligible providers
1345	1345	41 shall be jointly and severally liable for the obligations related to the
1346	1346	42 sale or lease of the covered school building, and specifying how the
1347	1347	2024 IN 292—LS 6930/DI 119 31
1348	1348	1 eligible providers will utilize the covered school building and share
1349	1349	2 responsibility for operational, maintenance, and renovation
1350	1350	3 expenses. If the eligible providers are unable to agree, the eligible
1351	1351	4 providers shall be deemed to have revoked their prior request
1352	1352	5 regarding the lease or sale of the covered school building. The
1353	1353	6 committee shall give notice of the committee's decision to the
1354	1354	7 school corporation and each interested person. An eligible provider
1355	1355	8 that is not selected by the committee may appeal the decision to the
1356	1356	9 state board not more than thirty (30) days after receipt of the
1357	1357	10 committee's decision. The state board shall issue a final order in
1358	1358	11 the appeal not more than sixty (60) days after receipt of a properly
1359	1359	12 filed appeal. Notice of the appeal and the final order in the appeal
1360	1360	13 must be given to the school corporation.
1361	1361	14 (g) (j) If, within the time frame described in subsection (e)(1), an
1362	1362	15 eligible provider does not submit a preliminary request to purchase
1363	1363	16 or lease a covered school building and only one (1) charter school
1364	1364	17 submits a preliminary request to purchase or lease the covered school
1365	1365	18 building, the department shall notify the school corporation of the
1366	1366	19 identity of the charter school and direct the school corporation to
1367	1367	20 complete a sale or lease to the charter school in accordance with
1368	1368	21 subsection (k). (n). In the event that If, within the time frame
1369	1369	22 described in subsection (e)(1), an eligible provider does not submit
1370	1370	23 a preliminary request to purchase or lease a covered school
1371	1371	24 building and two (2) or more charter schools submit a preliminary
1372	1372	25 request to purchase or lease a the covered school building, within the
1373	1373	26 time frame described in subsection (e)(1), the department shall send
1374	1374	27 notification to each interested person and the school corporation that
1375	1375	28 the department has received two (2) or more preliminary requests under
1376	1376	29 this section. An authorizer committee shall be established, with each
1377	1377	30 statewide authorizer that has authorized one (1) or more charter schools
1378	1378	31 appointing a representative, and the committee shall establish the
1379	1379	32 chairperson and procedures for the committee. Within sixty (60) days
1380	1380	33 of receiving notice under this subsection, the committee shall select
1381	1381	34 which charter school may proceed under subsection (k) (n) to purchase
1382	1382	35 or lease the covered school building or determine if two (2) or more
1383	1383	36 charter schools should co-locate within the covered school building.
1384	1384	37 The committee shall base the committee's decision on the following
1385	1385	38 criteria:
1386	1386	39 (1) Preference shall be given to existing charter schools that have
1387	1387	40 a proven track record of student academic performance.
1388	1388	41 (2) If two (2) or more charter schools of proven academic
1389	1389	42 performance are competing and only one (1) charter school is
1390	1390	2024 IN 292—LS 6930/DI 119 32
1391	1391	1 operating in the county in which the covered school building is
1392	1392	2 located, the charter school in the same county as the covered
1393	1393	3 school building shall be given preference.
1394	1394	4 In the event that the committee determines that two (2) or more charter
1395	1395	5 schools should co-locate in the covered school building, the charter
1396	1396	6 schools have sixty (60) days to submit a memorandum of
1397	1397	7 understanding stating that the charter schools shall be jointly and
1398	1398	8 severally liable for the obligations related to the sale or lease of the
1399	1399	9 covered school building, and specifying how the charter schools will
1400	1400	10 utilize the covered school building and share responsibility for
1401	1401	11 operational, maintenance, and renovation expenses. If the charter
1402	1402	12 schools are unable to agree, the charter schools shall be deemed to have
1403	1403	13 revoked their prior request regarding the lease or sale of the covered
1404	1404	14 school building. The committee shall give notice of the committee's
1405	1405	15 decision to the school corporation and each interested person. A charter
1406	1406	16 school that is not selected by the committee may appeal the decision to
1407	1407	17 the state board not more than thirty (30) days after receipt of the
1408	1408	18 committee's decision. The state board shall issue a final order in the
1409	1409	19 appeal not more than sixty (60) days after receipt of a properly filed
1410	1410	20 appeal. Notice of the appeal and the final order in the appeal must be
1411	1411	21 given to the school corporation.
1412	1412	22 (h) (k) If, within the time frame described in subsection (e)(1),
1413	1413	23 neither an eligible provider nor a charter school does not submit
1414	1414	24 submits a preliminary request to purchase or lease the a covered
1415	1415	25 school building and only one (1) state educational institution submits
1416	1416	26 a preliminary request to purchase or lease the covered school building,
1417	1417	27 the department shall:
1418	1418	28 (1) notify the school corporation of the identity of the state
1419	1419	29 educational institution; and
1420	1420	30 (2) direct the school corporation to complete a sale or lease to the
1421	1421	31 state educational institution in accordance with subsection (k).
1422	1422	32 (n).
1423	1423	33 (i) (l) If, within the time frame described in subsection (e)(1),
1424	1424	34 neither an eligible provider nor a charter school submits a
1425	1425	35 preliminary request to purchase or lease a covered school building
1426	1426	36 and one (1) or more state educational institutions submit preliminary
1427	1427	37 requests to purchase or lease a the covered school building, a selection
1428	1428	38 committee shall be established consisting of:
1429	1429	39 (1) one (1) member appointed by the executive of the largest city
1430	1430	40 or town in the county in which the covered school building is
1431	1431	41 located;
1432	1432	42 (2) one (1) member appointed by the city or town council of the
1433	1433	2024 IN 292—LS 6930/DI 119 33
1434	1434	1 largest city or town in the county in which the covered school
1435	1435	2 building is located;
1436	1436	3 (3) one (1) member appointed by the county commissioners of the
1437	1437	4 county in which the covered school building is located;
1438	1438	5 (4) one (1) member appointed by the county council of the county
1439	1439	6 in which the covered school building is located; and
1440	1440	7 (5) one (1) member appointed by the chamber of commerce of the
1441	1441	8 county in which the covered school building is located.
1442	1442	9 (j) (m) Not later than sixty (60) days after the date that a member is
1443	1443	10 on which all members of a selection committee are appointed under
1444	1444	11 subsection (i), (l), the committee shall:
1445	1445	12 (1) select which state educational institution may proceed to
1446	1446	13 purchase or lease the covered school building; or
1447	1447	14 (2) determine whether more than one (1) state educational
1448	1448	15 institution should co-locate within the covered school building.
1449	1449	16 In making the committee's determination, the committee shall give
1450	1450	17 preference to a state educational institution whose proposed use of the
1451	1451	18 covered school building is assessed as having the greatest educational
1452	1452	19 benefit for prekindergarten through grade 12 education. A committee
1453	1453	20 determination under this subsection may not be appealed.
1454	1454	21 (k) (n) A school corporation shall lease the a covered school
1455	1455	22 building for one dollar ($1) per year to the an eligible provider, a
1456	1456	23 charter school, or a state educational institution for as long as the:
1457	1457	24 (1) eligible provider uses the covered school building for the
1458	1458	25 provision of qualified early education services to eligible
1459	1459	26 children;
1460	1460	27 (1) (2) charter school uses the covered school building for
1461	1461	28 classroom instruction for any combination of kindergarten
1462	1462	29 through grade 12; or
1463	1463	30 (2) (3) state educational institution uses the covered school
1464	1464	31 building for an academic purpose.
1465	1465	32 The term of the lease shall be established at the eligible provider's,
1466	1466	33 charter school's, or state educational institution's discretion and include
1467	1467	34 an option for the eligible provider, state educational institution, or
1468	1468	35 charter school to purchase the covered school building for one dollar
1469	1469	36 ($1). Alternatively, the school corporation shall sell the covered school
1470	1470	37 building to the eligible provider, charter school, or state educational
1471	1471	38 institution for one dollar ($1), if the eligible provider, charter school,
1472	1472	39 or state educational institution has met the requirements set forth in
1473	1473	40 subsection (e) and uses the covered school building in the manner
1474	1474	41 prescribed by this subsection. If the eligible provider, charter school,
1475	1475	42 or state educational institution selected to lease or purchase the covered
1476	1476	2024 IN 292—LS 6930/DI 119 34
1477	1477	1 school building has met the requirements under subsection (e), the
1478	1478	2 school corporation has not more than ninety (90) days after the date
1479	1479	3 notice of a final unappealable decision is received by the school
1480	1480	4 corporation to complete the lease or sale of the covered school building
1481	1481	5 to the eligible provider, charter school, or state educational institution.
1482	1482	6 If the transaction is not completed within ninety (90) days, the
1483	1483	7 department or the selected eligible provider, charter school, or state
1484	1484	8 educational institution may, under section 9 of this chapter, request that
1485	1485	9 the attorney general enforce the sale or lease or may file suit to enforce
1486	1486	10 the sale or lease. If a an eligible provider, a charter school, or a state
1487	1487	11 educational institution has not met the requirements under subsection
1488	1488	12 (e), the school corporation may sell or otherwise dispose of the covered
1489	1489	13 school building in accordance with IC 36-1-11, IC 20-25-4-14, and
1490	1490	14 IC 20-26-5-4(a)(7).
1491	1491	15 SECTION 30. IC 20-26-7.1-4.5, AS AMENDED BY P.L.189-2023,
1492	1492	16 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1493	1493	17 UPON PASSAGE]: Sec. 4.5. (a) After a governing body passes a
1494	1494	18 resolution or takes official action to close, no longer use, or no longer
1495	1495	19 occupy a covered school building or the covered school building is
1496	1496	20 required to be closed under IC 20-26-7-47, a school corporation is
1497	1497	21 responsible for meeting the requirements described in subsection (b)
1498	1498	22 until the applicable covered school building is:
1499	1499	23 (1) sold or leased to a an eligible provider, a charter school, or
1500	1500	24 a state educational institution; or
1501	1501	25 (2) eligible to be sold or otherwise disposed in accordance with
1502	1502	26 IC 36-1-11, IC 20-25-4-14, and IC 20-26-5-4(a)(7).
1503	1503	27 (b) During the period described in subsection (a), a school
1504	1504	28 corporation is:
1505	1505	29 (1) responsible for the maintenance of a covered school building,
1506	1506	30 including:
1507	1507	31 (A) protection against theft or vandalism;
1508	1508	32 (B) fire protection; and
1509	1509	33 (C) ensuring the covered school building is not damaged
1510	1510	34 during adverse weather conditions;
1511	1511	35 (2) responsible for maintaining the physical condition of the
1512	1512	36 covered school building in the same physical condition the
1513	1513	37 applicable covered school building was on the last day that it was
1514	1514	38 used for classroom instruction; and
1515	1515	39 (3) financially responsible for any damage or destruction that
1516	1516	40 occurs to the covered school building.
1517	1517	41 SECTION 31. IC 20-26-7.1-5, AS AMENDED BY P.L.189-2023,
1518	1518	42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1519	1519	2024 IN 292—LS 6930/DI 119 35
1520	1520	1 UPON PASSAGE]: Sec. 5. (a) If:
1521	1521	2 (1) a covered school building is sold to a an eligible provider, a
1522	1522	3 charter school, or a state educational institution under section 4
1523	1523	4 of this chapter; and
1524	1524	5 (2) the eligible provider, charter school, or state educational
1525	1525	6 institution described in subdivision (1) no longer intends to use
1526	1526	7 the covered school building for the purposes described in section
1527	1527	8 4(e) of this chapter;
1528	1528	9 the eligible provider, charter school, or state educational institution
1529	1529	10 shall offer to transfer the covered school building back to the school
1530	1530	11 corporation that initially sold the covered school building to the
1531	1531	12 eligible provider, charter school, or state educational institution.
1532	1532	13 (b) If a school corporation described in subsection (a) declines the
1533	1533	14 offer to transfer a covered school building back to the school
1534	1534	15 corporation, the eligible provider, charter school, or state educational
1535	1535	16 institution may sell or transfer the covered school building to a third
1536	1536	17 party. If a an eligible provider, a charter school, or a state educational
1537	1537	18 institution sells or transfers a covered school building to a third party
1538	1538	19 under this subsection, the eligible provider, charter school, or state
1539	1539	20 educational institution must transfer an amount equal to the gain in the
1540	1540	21 property minus the adjusted basis (including costs of improvements to
1541	1541	22 the covered school building) to the school corporation that initially sold
1542	1542	23 the covered school building to the eligible provider, charter school, or
1543	1543	24 state educational institution. Gain and adjusted basis shall be
1544	1544	25 determined in the manner prescribed by the Internal Revenue Code and
1545	1545	26 the applicable Internal Revenue Service regulations and guidelines.
1546	1546	27 (c) A An eligible provider, a charter school, or a state educational
1547	1547	28 institution that purchases a covered school building assumes total
1548	1548	29 control of the covered school building and must maintain the covered
1549	1549	30 school building, including utilities, insurance, maintenance, and
1550	1550	31 repairs. In the event: a:
1551	1551	32 (1) an eligible provider does not use the covered school
1552	1552	33 building for the provision of qualified early education services
1553	1553	34 to eligible children;
1554	1554	35 (1) (2) a charter school does not use the covered school building
1555	1555	36 for classroom instruction; or
1556	1556	37 (2) (3) a state educational institution does not use the covered
1557	1557	38 school building for an academic purpose;
1558	1558	39 within two (2) years after acquiring the covered school building, the
1559	1559	40 covered school building shall revert to the school corporation, which
1560	1560	41 may sell or otherwise dispose of the covered school building under
1561	1561	42 IC 36-1-11.
1562	1562	2024 IN 292—LS 6930/DI 119 36
1563	1563	1 SECTION 32. IC 20-26-7.1-6, AS AMENDED BY P.L.189-2023,
1564	1564	2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1565	1565	3 UPON PASSAGE]: Sec. 6. During the term of a lease under section 4
1566	1566	4 of this chapter, the eligible provider, charter school, or state
1567	1567	5 educational institution is responsible for the direct expenses related to
1568	1568	6 the covered school building leased, including utilities, insurance,
1569	1569	7 maintenance, repairs, and remodeling. If the lease involves co-locating
1570	1570	8 eligible providers, co-locating charter schools, or a co-location with
1571	1571	9 a state educational institution, the obligations under the lease of the
1572	1572	10 covered school building shall be joint and several. The school
1573	1573	11 corporation is responsible for any debt incurred for or liens that
1574	1574	12 attached to the covered school building before the eligible provider,
1575	1575	13 charter school, or state educational institution leased the covered
1576	1576	14 school building.
1577	1577	15 SECTION 33. IC 20-26-7.1-9, AS AMENDED BY P.L.189-2023,
1578	1578	16 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1579	1579	17 UPON PASSAGE]: Sec. 9. (a) The attorney general, in consultation
1580	1580	18 with the department and state board, is authorized to take any action
1581	1581	19 necessary to enforce a department or state board order under
1582	1582	20 IC 20-26-7-47 or this chapter (or an order issued by the attorney
1583	1583	21 general under this chapter (as effective before July 1, 2023)), including
1584	1584	22 equitable actions to enjoin or mandate an action of a school
1585	1585	23 corporation. No final court order shall be issued until the school
1586	1586	24 corporation has had ninety (90) days after the department or state board
1587	1587	25 has issued a final order to complete a sale or lease of the covered
1588	1588	26 school building. If the attorney general does not commence legal action
1589	1589	27 for an injunction to enforce a final order to make a covered school
1590	1590	28 building available for purchase or lease under this chapter within one
1591	1591	29 hundred (100) days after the date the final order was issued, the
1592	1592	30 eligible provider, charter school, or state educational institution that
1593	1593	31 submitted the preliminary notice of interest to acquire or lease the
1594	1594	32 covered school building may file a civil action to enforce this chapter.
1595	1595	33 (b) In addition to the remedy under subsection (a), if a school
1596	1596	34 corporation does not comply with the requirements to sell or lease a
1597	1597	35 covered school building under this chapter, the school corporation shall
1598	1598	36 submit any proceeds from the sale of the covered school building to the
1599	1599	37 state board, which shall be distributed equally between each charter
1600	1600	38 school located in the attendance area of the school corporation. If no
1601	1601	39 charter schools are located in the attendance area, the state board must
1602	1602	40 use the proceeds to provide grants under the charter school and
1603	1603	41 innovation grant program under IC 20-24-13. The attorney general is
1604	1604	42 authorized to initiate any legal action necessary to ensure compliance
1605	1605	2024 IN 292—LS 6930/DI 119 37
1606	1606	1 with this chapter.
1607	1607	2 SECTION 34. IC 21-12-8-2, AS AMENDED BY P.L.143-2019,
1608	1608	3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1609	1609	4 UPON PASSAGE]: Sec. 2. The commission shall do the following:
1610	1610	5 (1) Prescribe the form and manner in which applications for adult
1611	1611	6 student grants may be submitted.
1612	1612	7 (2) Determine the eligibility of applicants.
1613	1613	8 (3) Determine the amount of an adult student grant awarded to a
1614	1614	9 recipient.
1615	1615	10 (4) In conjunction with the department of workforce development,
1616	1616	11 determine which certificate programs are eligible for the high
1617	1617	12 value workforce ready credit-bearing grant under section 9
1618	1618	13 9(b)(3)(A) of this chapter after considering at least the following
1619	1619	14 for each certificate program:
1620	1620	15 (A) Workforce demand and needs.
1621	1621	16 (B) Wage level data and information.
1622	1622	17 (C) Program content and completion data.
1623	1623	18 (D) Job placement data.
1624	1624	19 (E) The program's impact on public safety.
1625	1625	20 SECTION 35. IC 21-12-8-9, AS AMENDED BY P.L.92-2020,
1626	1626	21 SECTION 100, IS AMENDED TO READ AS FOLLOWS
1627	1627	22 [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) This section applies to an
1628	1628	23 applicant who attends or has attended any of the following:
1629	1629	24 (1) An approved secondary school.
1630	1630	25 (2) A state accredited nonpublic school.
1631	1631	26 (3) A nonaccredited nonpublic school.
1632	1632	27 (b) An applicant is eligible to receive a high value workforce ready
1633	1633	28 credit-bearing grant if the following conditions are met:
1634	1634	29 (1) The applicant is domiciled in Indiana, as defined by the
1635	1635	30 commission.
1636	1636	31 (2) The applicant:
1637	1637	32 (A) has received a diploma of graduation from a school
1638	1638	33 described in subsection (a);
1639	1639	34 (B) has been granted a:
1640	1640	35 (i) high school equivalency certificate before July 1, 1995;
1641	1641	36 or
1642	1642	37 (ii) state of Indiana general educational development (GED)
1643	1643	38 diploma under IC 20-10.1-12.1 (before its repeal),
1644	1644	39 IC 20-20-6 (before its repeal), or IC 22-4.1-18; or
1645	1645	40 (C) is a student in good standing who is completing a final
1646	1646	41 year of study at a school described in subsection (a) and will
1647	1647	42 be eligible upon graduation to attend an approved institution
1648	1648	2024 IN 292—LS 6930/DI 119 38
1649	1649	1 of higher learning.
1650	1650	2 (3) The applicant is enrolled in:
1651	1651	3 (A) an eligible certificate program, as determined under
1652	1652	4 section 2(4) of this chapter, at Ivy Tech Community College,
1653	1653	5 Vincennes University, or a program approved by the
1654	1654	6 commission; or
1655	1655	7 (B) an educational program leading to a degree, certificate,
1656	1656	8 or credential necessary to meet the educational
1657	1657	9 requirements for:
1658	1658	10 (i) employment in any capacity by a child care center
1659	1659	11 licensed under IC 12-17.2-4 or child care ministry
1660	1660	12 licensed or registered under IC 12-17.2-6; or
1661	1661	13 (ii) licensure to operate a child care home under
1662	1662	14 IC 12-17.2-5.
1663	1663	15 (4) The applicant enrolls at least half-time for purposes of federal
1664	1664	16 financial aid.
1665	1665	17 (5) The applicant has not received any grant for the maximum
1666	1666	18 number of academic terms specified for the grant in
1667	1667	19 IC 21-12-13-1 or IC 21-12-13-2.
1668	1668	20 (6) The applicant is not eligible for any state financial aid
1669	1669	21 program described in IC 21-12-13-1(a) or IC 21-12-13-2(a).
1670	1670	22 (7) The applicant is identified as financially independent from the
1671	1671	23 applicant's parents as determined by the Free Application for
1672	1672	24 Federal Student Aid (FAFSA).
1673	1673	25 (8) The applicant has correctly filed the FAFSA and, if eligible
1674	1674	26 for aid, accepts all offered federal scholarships and grants.
1675	1675	27 (9) Except as provided under subsection (c), the applicant
1676	1676	28 maintains satisfactory academic progress, as determined by the
1677	1677	29 eligible institution.
1678	1678	30 (10) The applicant has not previously received a baccalaureate
1679	1679	31 degree, an associate degree, or an eligible certificate.
1680	1680	32 (11) The applicant meets any other minimum criteria established
1681	1681	33 by the commission.
1682	1682	34 (c) This subsection applies to an applicant who does not maintain
1683	1683	35 satisfactory academic progress under subsection (b)(9) but meets all the
1684	1684	36 other conditions required under subsection (b). An applicant is eligible
1685	1685	37 to receive a high value workforce ready credit-bearing grant if the
1686	1686	38 applicant meets one (1) of the following:
1687	1687	39 (1) The applicant has not attended an eligible institution for the
1688	1688	40 immediately preceding two (2) academic years.
1689	1689	41 (2) The applicant:
1690	1690	42 (A) attended an eligible institution at any time during the
1691	1691	2024 IN 292—LS 6930/DI 119 39
1692	1692	1 immediately preceding two (2) academic years; and
1693	1693	2 (B) maintained satisfactory academic progress, as determined
1694	1694	3 by the eligible institution, during the period described in
1695	1695	4 clause (A) in which the applicant attended the eligible
1696	1696	5 institution.
1697	1697	6 (d) If an applicant is identified as dependent as determined by the
1698	1698	7 Free Application for Federal Student Aid (FAFSA), the applicant must:
1699	1699	8 (1) meet the criteria specified in subsection (b), except for
1700	1700	9 subsection (b)(4), (b)(7), and (b)(9);
1701	1701	10 (2) enroll full time for purposes of federal financial aid;
1702	1702	11 (3) maintain satisfactory academic progress, as determined by the
1703	1703	12 eligible institution; and
1704	1704	13 (4) complete a workforce ready grant success program, as
1705	1705	14 determined by the commission, if the applicant graduates from
1706	1706	15 high school after December 31, 2018.
1707	1707	16 (e) If the demand for high value workforce ready credit-bearing
1708	1708	17 grants exceeds the available appropriation, as determined by the
1709	1709	18 commission, the commission shall prioritize the applicants identified
1710	1710	19 as independent as determined by the Free Application for Federal
1711	1711	20 Student Aid (FAFSA).
1712	1712	21 SECTION 36. [EFFECTIVE UPON PASSAGE] (a) As used in this
1713	1713	22 SECTION, "office" means the office of the secretary of family and
1714	1714	23 social services established by IC 12-8-1.5-1.
1715	1715	24 (b) Not later than July 1, 2024, the office shall initiate the
1716	1716	25 process of amending the office's rules in conformance with the
1717	1717	26 findings of the third party evaluation commissioned under
1718	1718	27 IC 12-17.2-3.8-5(a)(10), as amended by this act.
1719	1719	28 (c) This SECTION expires December 31, 2024.
1720	1720	29 SECTION 37. [EFFECTIVE UPON PASSAGE] (a) Not later than
1721	1721	30 December 31, 2024, the office of the secretary of family and social
1722	1722	31 services shall submit to the United States Department of Health
1723	1723	32 and Human Services any amendment to Indiana's Child Care and
1724	1724	33 Development Fund plan necessary to implement IC 12-14-31-3, as
1725	1725	34 added by this act, and IC 12-17.2-7.2-1, as amended by this act.
1726	1726	35 (b) This SECTION expires January 1, 2025.
1727	1727	36 SECTION 38. [EFFECTIVE UPON PASSAGE] (a)As used in this
1728	1728	37 SECTION, "legislative council" refers to the legislative council
1729	1729	38 established under IC 2-5-1.1-1.
1730	1730	39 (b) As used in this SECTION, "micro center" means a:
1731	1731	40 (1) child care center (as defined in IC 12-7-2-28.4);
1732	1732	41 (2) child care home (as defined in IC 12-7-2-28.6); or
1733	1733	42 (3) child care ministry (as defined in IC 12-7-2-28.8);
1734	1734	2024 IN 292—LS 6930/DI 119 40
1735	1735	1 that provides child care for not less than three (3) children and not
1736	1736	2 more than thirty (30) children for at least four (4) hours per day.
1737	1737	3 (c) As used in this SECTION, "office" means the office of the
1738	1738	4 secretary of family and social services established by IC 12-8-1.5-1.
1739	1739	5 (d) Not later than October 31, 2024, the office shall, in
1740	1740	6 collaboration with the department of state revenue, submit to the
1741	1741	7 legislative council a report documenting the results attributable to:
1742	1742	8 (1) the employer sponsored child care fund, including any
1743	1743	9 tri-share model programs; and
1744	1744	10 (2) the employer child expenditure credit.
1745	1745	11 (e) Not later than October 31, 2024, the office shall evaluate the
1746	1746	12 micro center model and submit a report summarizing the office's
1747	1747	13 findings and recommendations to the legislative council.
1748	1748	14 (f) A report submitted to the legislative council under this
1749	1749	15 SECTION must be in an electronic format under IC 5-14-6.
1750	1750	16 (g) This SECTION expires December 31, 2024.
1751	1751	17 SECTION 39. An emergency is declared for this act.
1752	1752	2024 IN 292—LS 6930/DI 119