Introduced Version
SENATE BILL No. 292
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-28-6-10; IC 12-8-1.5-20; IC 12-14-31-3;
IC 12-17.2; IC 20-26; IC 21-12-8.
Synopsis: Various child care matters. Requires the Indiana economic
development corporation to submit a report annually to the general
assembly regarding funds dedicated to supporting child care under
specified state and federal programs. Requires the office of the
secretary of family and social services (FSSA) to publish on the FSSA
website a dashboard providing monthly information regarding federal
child care subsidies available to Indiana residents. Provides that a
household is eligible for assistance under the federal Child Care and
Development Fund (CCDF) voucher program if the household, at the
time of FSSA's initial determination of the household's income
eligibility: (1) has a household income that does not exceed 85% of
Indiana's state median income for the household's family size; (2)
includes an individual who is employed by a licensed child care center,
a licensed child care home, or a licensed or registered child care
ministry; and (3) otherwise meets federal eligibility requirements for
the CCDF program. Requires FSSA to provide mobile facilities at
which an individual may, at no charge to the individual, have the
individual's fingerprints taken for purposes of a national criminal
history background check required under regulations governing
employees of child care centers, child care homes, and child care
ministries. Provides that: (1) the early learning advisory committee
must commission a third party evaluation to assess existing regulations
for child care providers not later than May 1, 2024 (rather than July 1,
2024, under current law); and (2) FSSA must initiate the process of
amending FSSA's rules in conformance with the findings of the third
party evaluation not later than July 1, 2024. Provides that the results of
(Continued next page)
Effective: Upon passage.
Pol Jr., Hunley
January 16, 2024, read first time and referred to Committee on Health and Provider
Services.
2024 IN 292—LS 6930/DI 119 Digest Continued
a national criminal history background check of an individual
conducted for purposes of the individual's presence on the premises of
a provider's child care center, child care home, or child care ministry
apply for purposes of the individual's presence on the premises of any
child care center or child care ministry, respectively, operated by the
provider. Provides that a licensed child care center may allow an
employee who is: (1) at least 18 years of age to supervise a child who
is less than 12 months of age; and (2) 16 or 17 years of age to supervise
a child who is 12 months of age or older if the child is also supervised
by an employee who is at least 18 years of age. Provides that a child is
eligible for the prekindergarten grant program if the child resides in a
household with an annual income that does not exceed 400% of the
amount required for the individual to qualify for the federal free or
reduced price lunch program. Allows a provider that is eligible to
participate as a provider in the prekindergarten grant program to lease
or purchase a vacant school building in the same manner, and under the
same terms, as a charter school or state educational institution.
Provides that an individual enrolled in an educational program leading
to a degree, certificate, or credential necessary to meet the educational
requirements for: (1) employment in any capacity by a licensed child
care center or a licensed or registered child care ministry; or (2)
licensure to operate a child care home; is eligible for a high value
workforce ready credit-bearing grant. Requires FSSA, in collaboration
with the department of state revenue, to submit a report to the
legislative council not later than October 31, 2024, documenting the
results attributable to: (1) the employer sponsored child care fund; and
(2) the employer child expenditure credit. Requires FSSA to evaluate
the micro center model and submit a report summarizing its findings
and recommendations to the legislative council. Makes conforming
amendments and technical corrections.
2024 IN 292—LS 6930/DI 1192024 IN 292—LS 6930/DI 119 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 292
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-28-6-10 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 10. Not later than October 1, 2024, and not
4 later than October 1 of each year thereafter, the corporation shall
5 submit to the executive director of the legislative services agency,
6 for distribution to the members of the general assembly, a report
7 regarding funds dedicated to supporting child care under:
8 (1) the regional economic acceleration and development
9 initiative (READI) under IC 5-28-41; and
10 (2) the CHIPS Act of 2022 (P.L. 117-167, 136 Stat. 1366).
11 The corporation's report under this section must be in an
12 electronic format under IC 5-14-6.
13 SECTION 2. IC 12-8-1.5-20 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 20. The office of the secretary shall publish
2024 IN 292—LS 6930/DI 119 2
1 on the website of the office of the secretary a dashboard providing
2 monthly information regarding federal child care subsidies
3 available to Indiana residents, including the following information:
4 (1) The number of federal child care subsidies available.
5 (2) The average copayment required under each available
6 subsidy.
7 (3) The number of children on a wait list for each available
8 subsidy.
9 (4) Other key indicators, as determined by the office of the
10 secretary, of the effectiveness of the available child care
11 subsidies in each Indiana county.
12 SECTION 3. IC 12-14-31-3 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
14 UPON PASSAGE]: Sec. 3. A household that, at the time of the office
15 of the secretary's initial determination of the household's income
16 eligibility for purposes of entry into the CCDF program:
17 (1) has a household income that does not exceed eighty-five
18 percent (85%) of Indiana's state median income for the
19 household's family size;
20 (2) includes an individual who is employed by a:
21 (A) child care center licensed under IC 12-17.2-4;
22 (B) child care home licensed under IC 12-17.2-5; or
23 (C) child care ministry licensed or registered under
24 IC 12-17.2-6; and
25 (3) otherwise meets federal eligibility requirements for the
26 CCDF program;
27 is eligible for assistance under the CCDF program.
28 SECTION 4. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE UPON PASSAGE]: Sec. 15. The office of the secretary
31 shall provide mobile facilities at which an individual may, at no
32 charge to the individual, have the individual's fingerprints taken
33 for purposes of a national criminal history background check to
34 which the individual is required to submit under IC 12-17.2-4,
35 IC 12-17.2-5, or IC 12-17.2-6.
36 SECTION 5. IC 12-17.2-3.8-5, AS AMENDED BY P.L.246-2023,
37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 5. (a) The early learning advisory committee
39 is established to do the following:
40 (1) Establish child developmental and educational goals for
41 Indiana's early learning system, including the development of
42 standards and objectives for early education programs that receive
2024 IN 292—LS 6930/DI 119 3
1 state or federal funds.
2 (2) Design and maintain an approach to measuring progress
3 toward the goals established under subdivision (1) that include
4 objective measures of academic quality.
5 (3) Assess the attainment of the goals established under
6 subdivision (1) and evaluate the efficacy of state and federal
7 spending on Indiana's early learning system.
8 (4) Assess whether the requirements for early education program
9 licensure:
10 (A) create an equitable standard for health and safety across all
11 early education program types;
12 (B) reinforce the goals established under subdivision (1); and
13 (C) support the sustainability of Indiana's early learning
14 system.
15 (5) Conduct periodic statewide needs assessments concerning the
16 quality and availability of early education programs for children
17 from birth to the age of school entry, including the availability of
18 high quality prekindergarten education for low income children
19 in Indiana.
20 (6) Identify opportunities for, and barriers to, collaboration and
21 coordination among federally and state funded child development,
22 child care, and early childhood education programs and services,
23 including governmental agencies that administer the programs
24 and services.
25 (7) Design early education workforce strategies, including
26 recommendations on how to advance professional development.
27 (8) Assess the capacity and effectiveness of pathways to support
28 training and recruitment of early educators.
29 (9) Not later than November 30 of each year, develop and make
30 recommendations to the governor and, in an electronic format
31 under IC 5-14-6, to the legislative council concerning the results
32 of the committee's work under subdivisions (1) through (8).
33 (10) Not later than July May 1, 2024, commission a third party
34 evaluation to assess existing regulations for child care providers
35 and provide recommendations to:
36 (A) maintain health and safety standards;
37 (B) streamline administrative burdens, program standards, and
38 reporting requirements for child care providers;
39 (C) provide flexibility for a child care provider with a Level 3
40 or Level 4 paths to QUALITY program rating to expand to
41 other locations; and
42 (D) assist accredited kindergarten through grade 12
2024 IN 292—LS 6930/DI 119 4
1 institutions in establishing and providing high quality onsite
2 child care and early learning programs.
3 This subdivision expires January 1, 2025.
4 (11) Not later than December 31, 2023, develop recommendations
5 for implementing a revised paths to QUALITY program that:
6 (A) maintains health and safety standards;
7 (B) integrates objective measures of kindergarten readiness;
8 (C) contemplates accredited kindergarten through grade 12
9 institutions as onsite providers; and
10 (D) incentivizes child care providers to increase wages for
11 child care workers who complete education and training that
12 result in a postsecondary degree or industry recognized
13 credential.
14 This subdivision expires July 1, 2024.
15 (b) The committee consists of the following thirteen (13) members:
16 (1) The secretary of education or the secretary's designee.
17 (2) The secretary of family and social services or the secretary's
18 designee.
19 (3) Seven (7) members appointed by the governor as follows:
20 (A) A representative of an organization with an interest in
21 training the early childhood education workforce.
22 (B) A representative of a Head Start program under 42 U.S.C.
23 9831 et seq.
24 (C) A member of the general public who has an interest in
25 early childhood education.
26 (D) A representative of an early childhood education provider.
27 (E) A representative from a school corporation who has an
28 interest in strengthening the transition from early childhood
29 education to elementary education.
30 (F) A representative of business with an interest in early
31 childhood education.
32 (G) A representative of the nonprofit or philanthropic
33 community with an interest in early childhood education.
34 (4) One (1) member who:
35 (A) is appointed by the speaker of the house of representatives;
36 (B) is not a member of the general assembly; and
37 (C) shall serve as a nonvoting member.
38 (5) One (1) member who:
39 (A) is appointed by the president pro tempore of the senate;
40 (B) is not a member of the general assembly; and
41 (C) shall serve as a nonvoting member.
42 (6) One (1) member who:
2024 IN 292—LS 6930/DI 119 5
1 (A) is appointed by the minority leader of the house of
2 representatives;
3 (B) is not a member of the general assembly; and
4 (C) shall serve as a nonvoting member.
5 (7) One (1) member who:
6 (A) is appointed by the minority leader of the senate;
7 (B) is not a member of the general assembly; and
8 (C) shall serve as a nonvoting member.
9 (c) Subject to section 5.1 of this chapter, members appointed under
10 subsection (b)(3) through (b)(7) serve for three (3) year terms. The
11 members of the committee serve at the pleasure of the appointing
12 authority.
13 (d) The governor shall appoint a member of the committee to serve
14 as chairperson of the committee. The committee shall meet at least six
15 (6) times each calendar year at the call of the chairperson.
16 (e) The division shall, in consultation with the department of
17 education, staff the committee.
18 (f) The expenses of the committee shall be paid from the funds of
19 the division.
20 (g) Each member of the committee who is not a state employee is
21 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
22 The member is also entitled to reimbursement for traveling expenses
23 as provided under IC 4-13-1-4 and other expenses actually incurred in
24 connection with the member's duties as provided in the state policies
25 and procedures established by the Indiana department of administration
26 and approved by the budget agency.
27 (h) Each member of the committee who is a state employee but who
28 is not a member of the general assembly is entitled to reimbursement
29 for traveling expenses as provided under IC 4-13-1-4 and other
30 expenses actually incurred in connection with the member's duties as
31 provided in the state policies and procedures established by the Indiana
32 department of administration and approved by the budget agency.
33 (i) Each member of the committee who is a member of the general
34 assembly is entitled to receive the same per diem, mileage, and travel
35 allowances paid to legislative members of interim study committees
36 established by the legislative council. Per diem, mileage, and travel
37 allowances paid under this section shall be paid from appropriations
38 made to the legislative council or the legislative services agency.
39 (j) The affirmative votes of a majority of the voting members
40 appointed to the committee are required for the committee to take
41 action on any measure, including final reports.
42 SECTION 6. IC 12-17.2-4-3, AS AMENDED BY P.L.183-2021,
2024 IN 292—LS 6930/DI 119 6
1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child care
3 center license on forms provided by the division.
4 (b) An applicant must submit the required information as part of the
5 application, including the following:
6 (1) If the county, city, or town in which the child care center is
7 located requires a business permit or license to operate a child
8 care center in the county, city, or town, proof that the applicant
9 has a valid business permit or license.
10 (2) If the county, city, or town in which the child care center is
11 located does not require a business permit or license described in
12 subdivision (1), a statement from the county, city, or town that a
13 business permit or license is not required.
14 (3) A current and valid electronic mail address for the applicant.
15 (c) The applicant must submit with the application a statement
16 attesting that the applicant:
17 (1) has not been convicted of:
18 (A) a felony:
19 (i) related to the health or safety of a child;
20 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
21 (iii) that is a dangerous felony; or
22 (iv) that is not a felony otherwise described in items (i)
23 through (iii), and less than ten (10) years have elapsed from
24 the date the person was discharged from probation,
25 imprisonment, or parole, whichever discharge date is latest;
26 (B) a misdemeanor relating to the health or safety of children;
27 (C) a misdemeanor for operating a child care center without a
28 license under section 35 of this chapter, or of a substantially
29 similar offense committed in another jurisdiction if the offense
30 is directly or indirectly related to jeopardizing the health or
31 safety of a child; or
32 (D) a misdemeanor for operating a child care home without a
33 license under IC 12-17.2-5-35, or of a substantially similar
34 offense committed in another jurisdiction if the offense is
35 directly or indirectly related to jeopardizing the health or
36 safety of a child; and
37 (2) has not been charged with:
38 (A) a felony;
39 (B) a misdemeanor relating to the health or safety of children;
40 (C) a misdemeanor for operating a child care center without a
41 license under section 35 of this chapter, or with a substantially
42 similar offense in another jurisdiction if the offense is directly
2024 IN 292—LS 6930/DI 119 7
1 or indirectly related to jeopardizing the health or safety of a
2 child; or
3 (D) a misdemeanor for operating a child care home without a
4 license under IC 12-17.2-5-35, or with a substantially similar
5 offense in another jurisdiction if the offense is directly or
6 indirectly related to jeopardizing the health or safety of a child;
7 during the pendency of the application.
8 (d) An applicant shall, at no expense to the state, submit:
9 (1) the necessary information, forms, or consents; and
10 (2) the applicant's fingerprints;
11 for a national criminal history background check by the Federal Bureau
12 of Investigation.
13 (e) Subject to section 3.3 of this chapter, the applicant must, at no
14 expense to the state, do the following:
15 (1) Require an employee or volunteer of the applicant who may
16 be present on the premises of the child care center during
17 operating hours of the child care center to submit fingerprints for
18 a national criminal history background check by the Federal
19 Bureau of Investigation.
20 (2) Report to the division any:
21 (A) police investigations;
22 (B) arrests; and
23 (C) criminal convictions;
24 of which the applicant is aware regarding the applicant or an
25 employee or volunteer described in subdivision (1).
26 An applicant shall require an individual described in subdivision (1) to
27 apply for a national criminal history background check before the
28 individual is employed or allowed to volunteer and every three (3)
29 years thereafter that the individual is continuously employed or allowed
30 to volunteer.
31 (f) The results of a national criminal history background check
32 of an individual conducted under this section for purposes of the
33 individual's presence on the premises of an applicant's child care
34 center apply for purposes of the individual's presence on the
35 premises of any child care center operated by the applicant.
36 SECTION 7. IC 12-17.2-4-4.2 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE UPON PASSAGE]: Sec. 4.2. (a) A licensee may allow
39 an employee of the licensee who is at least eighteen (18) years of
40 age to supervise a child who is less than twelve (12) months of age.
41 (b) A licensee may allow an employee of the licensee who is
42 sixteen (16) or seventeen (17) years of age to supervise a child who
2024 IN 292—LS 6930/DI 119 8
1 is twelve (12) months of age or older if the child is also supervised
2 by an employee of the licensee who is at least eighteen (18) years of
3 age.
4 SECTION 8. IC 12-17.2-6-14, AS AMENDED BY P.L.121-2020,
5 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 14. (a) A child care ministry must do the
7 following:
8 (1) Subject to subsection (c), require, at no expense to the state,
9 an employee or volunteer who may be present on the premises of
10 the child care ministry during operating hours of the child care
11 ministry to submit fingerprints for a national criminal history
12 background check by the Federal Bureau of Investigation.
13 (2) Report to the division any:
14 (A) police investigations;
15 (B) arrests; and
16 (C) criminal convictions;
17 of which the operator or director of the child care ministry is
18 aware regarding an employee or volunteer described in
19 subdivision (1).
20 (3) Refrain from employing, or allowing to serve as a volunteer,
21 an individual who may be present on the premises of the child
22 care ministry during operating hours of the child care ministry
23 and who:
24 (A) has been convicted of a felony:
25 (i) related to the health or safety of a child;
26 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
27 (iii) that is a dangerous felony; or
28 (iv) that is not a felony otherwise described in items (i)
29 through (iii), and less than ten (10) years have elapsed from
30 the date the person was discharged from probation,
31 imprisonment, or parole, whichever discharge date is latest;
32 (B) has been convicted of a misdemeanor related to the health
33 or safety of a child;
34 (C) has been convicted of a misdemeanor under
35 IC 12-17.2-4-35 for operating a child care center without a
36 license, or of a substantially similar offense committed in
37 another jurisdiction if the offense is directly or indirectly
38 related to jeopardizing the health or safety of a child;
39 (D) has been convicted of a misdemeanor under
40 IC 12-17.2-5-35 for operating a child care home without a
41 license, or of a substantially similar offense committed in
42 another jurisdiction if the offense is directly or indirectly
2024 IN 292—LS 6930/DI 119 9
1 related to jeopardizing the health or safety of a child; or
2 (E) is a person against whom an allegation of child abuse or
3 neglect has been substantiated under IC 31-33, or under a
4 substantially similar provision in another jurisdiction.
5 (b) A child care ministry shall require an individual described in
6 subsection (a)(1) to apply for a national criminal history background
7 check before the individual is employed or allowed to volunteer and
8 every three (3) years thereafter that the individual is continuously
9 employed or allowed to volunteer.
10 (c) A child care ministry that is registered under this chapter on July
11 1, 2013, shall, at no expense to the state, meet the requirements under
12 subsection (a)(1) not later than July 1, 2014.
13 (d) The results of a national criminal history background check
14 to which an individual is required to submit to by the operator of
15 a child care ministry under this section apply for purposes of the
16 individual's presence on the premises of any child care ministry
17 operated by the operator.
18 SECTION 9. IC 12-17.2-7.2-1, AS AMENDED BY P.L.201-2023,
19 SECTION 138, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter,
21 "eligible child" refers to an individual who:
22 (1) is at least four (4) years of age and less than five (5) years of
23 age on August 1 of the state fiscal year for which a grant is sought
24 under the prekindergarten pilot program;
25 (2) is a resident of Indiana or otherwise has legal settlement in
26 Indiana, as determined under IC 20-26-11;
27 (3) is a member of a household with an annual income that does
28 not exceed one hundred fifty percent (150%) of the federal
29 poverty level; four hundred percent (400%) of the amount
30 required for the individual to qualify for the federal free or
31 reduced price lunch program;
32 (4) receives qualified early education services from an eligible
33 provider, as determined by the office;
34 (5) has a parent or guardian who participates in a parental
35 engagement and involvement component provided by the eligible
36 provider;
37 (6) has a parent or guardian who agrees to ensure that the child
38 meets the attendance requirements determined by the office; and
39 (7) meets the requirements under section 7.2(a) and 7.2(c) 7.2(b)
40 of this chapter.
41 SECTION 10. IC 12-17.2-7.2-2, AS AMENDED BY P.L.268-2019,
42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 292—LS 6930/DI 119 10
1 UPON PASSAGE]: Sec. 2. As used in this chapter, "eligible provider"
2 refers to a provider that satisfies the following conditions:
3 (1) The provider is:
4 (A) a:
5 (i) public school, including a charter school;
6 (ii) child care center licensed under IC 12-17.2-4;
7 (iii) child care home licensed under IC 12-17.2-5; or
8 (iv) child care ministry registered under IC 12-17.2-6;
9 that meets the standards of quality recognized by a Level 3 or
10 Level 4 paths to QUALITY program rating;
11 (B) a school that is accredited by the state board of education
12 or a national or regional accreditation agency that is
13 recognized by the state board of education; or
14 (C) a school that is accredited to provide qualified early
15 education services by an accrediting agency approved by the
16 office of the secretary.
17 (2) The provider:
18 (A) provides qualified early education services to eligible and
19 limited eligibility children; and
20 (B) complies with the agreement with the office concerning
21 the delivery of qualified education services and the use of a
22 grant provided under this chapter.
23 SECTION 11. IC 12-17.2-7.2-2.1, AS ADDED BY P.L.268-2019,
24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 2.1. As used in this chapter, "extended
26 "enrollment period" refers to the period set forth by the office
27 beginning not later than June April 1 of each calendar year.
28 SECTION 12. IC 12-17.2-7.2-2.5 IS REPEALED [EFFECTIVE
29 UPON PASSAGE]. Sec. 2.5. As used in this chapter, "limited
30 eligibility child" refers to an individual who:
31 (1) is at least four (4) years of age and less than five (5) years of
32 age on August 1 of the state fiscal year for which a grant is sought
33 under the prekindergarten program;
34 (2) is a resident of Indiana or otherwise has legal settlement in
35 Indiana, as determined under IC 20-26-11;
36 (3) receives qualified early education services from an eligible
37 provider, as determined by the office;
38 (4) has a parent or guardian who agrees to ensure that the child
39 meets the attendance requirements determined by the office;
40 (5) has a parent or guardian who participates in a parental
41 engagement and involvement component provided by the eligible
42 provider;
2024 IN 292—LS 6930/DI 119 11
1 (6) is a member of a household with an annual income that does
2 not exceed one hundred eighty-five percent (185%) of the federal
3 poverty level;
4 (7) meets the requirements of section 7.2(b) and 7.2(c) of this
5 chapter; and
6 (8) is not an eligible child.
7 SECTION 13. IC 12-17.2-7.2-5.7 IS REPEALED [EFFECTIVE
8 UPON PASSAGE]. Sec. 5.7. As used in this chapter, "priority
9 enrollment period" refers to the period set forth by the office beginning
10 not later than April 1 of each calendar year, except for calendar year
11 2021, during which the priority enrollment period may begin later than
12 April 1, 2021.
13 SECTION 14. IC 12-17.2-7.2-6, AS AMENDED BY P.L.268-2019,
14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 6. As used in this chapter, "qualified early
16 education services" refers to a program of early education services that:
17 (1) is provided by an eligible provider to an eligible or limited
18 eligibility child;
19 (2) includes a parental engagement and involvement component
20 in the delivery of early education services that is based on the
21 requirements and guidelines established by the office;
22 (3) administers the kindergarten readiness assessment adopted by
23 the state board of education;
24 (4) aligns with the early learning development framework for
25 prekindergarten approved by the department of education under
26 IC 20-19-3-16; and
27 (5) meets the design parameters for inclusion in the longitudinal
28 study described in section 12 of this chapter, as determined by the
29 office.
30 SECTION 15. IC 12-17.2-7.2-7, AS AMENDED BY P.L.246-2023,
31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 UPON PASSAGE]: Sec. 7. (a) The prekindergarten program is
33 established to provide grants for:
34 (1) qualified early education services in a manner consistent with
35 how funds are distributed under the Child Care and Development
36 Fund (CCDF) grant program; and
37 (2) expansion plans as described in section 7.4(a)(2) of this
38 chapter.
39 (b) The office shall administer the prekindergarten program. The
40 prekindergarten program may include:
41 (1) eligible providers in Indiana; and
42 (2) potential eligible providers or existing eligible providers as
2024 IN 292—LS 6930/DI 119 12
1 described in section 7.4 of this chapter.
2 (c) Beginning July 1, 2020, the total number of grants during the
3 immediately preceding state fiscal year shall include the number of
4 grants issued under a preschool program established in March 2015
5 that operates in a consolidated city.
6 (d) The prekindergarten program includes eligible providers in any
7 county in Indiana.
8 (e) Subject to the requirements of this chapter, the office shall
9 determine:
10 (1) the eligibility requirements, application process, and selection
11 process for awarding grants under the prekindergarten program;
12 (2) the administration and reporting requirements for:
13 (A) eligible providers; and
14 (B) potential eligible providers or existing eligible providers;
15 participating in the prekindergarten program; and
16 (3) with the assistance of the early learning advisory committee,
17 an appropriate outcomes based accountability system for:
18 (A) eligible providers; and
19 (B) potential eligible providers or existing eligible providers.
20 (f) The office shall, subject to the availability of funding, determine
21 the number of eligible children who will participate in the
22 prekindergarten program. After December 31, 2019, the office shall,
23 subject to the availability of funding, determine the number of limited
24 eligibility children who will participate in the prekindergarten program.
25 SECTION 16. IC 12-17.2-7.2-7.2, AS AMENDED BY
26 P.L.268-2019, SECTION 9, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE UPON PASSAGE]: Sec. 7.2. (a) For an eligible child to
28 qualify for a grant under this chapter, the eligible child must reside
29 with a parent or guardian who is:
30 (1) working or attending a job training or an educational program;
31 or
32 (2) actively seeking employment, subject to the approval by the
33 United States Department of Health and Human Services as
34 provided in 45 CFR 98.21.
35 (b) For a limited eligibility child to qualify for a grant under this
36 chapter, the limited eligibility child must reside with a parent or
37 guardian who:
38 (1) is working or attending a job training or an educational
39 program;
40 (2) is actively seeking employment, subject to the approval by the
41 United States Department of Health and Human Services as
42 provided in 45 CFR 98.21; or
2024 IN 292—LS 6930/DI 119 13
1 (3) receives Social Security Disability Insurance or Supplemental
2 Security Income benefits.
3 (c) (b) Before the office may award a grant to an eligible or limited
4 eligibility child under this chapter, the office shall require that a parent
5 or guardian of the eligible or limited eligibility child agree to the
6 following:
7 (1) The eligible or limited eligibility child will attend the
8 prekindergarten program of an eligible provider selected by the
9 parent or guardian for the full duration of the prekindergarten
10 program year.
11 (2) The parent or guardian will not transfer to another
12 prekindergarten program during the prekindergarten program
13 year.
14 (3) The eligible or limited eligibility child will attend the
15 prekindergarten program at least eighty-five percent (85%) of the
16 days that the prekindergarten program is provided.
17 (4) The parent or guardian will allow the eligible or limited
18 eligibility child to participate in an external evaluation conducted
19 by researchers, including the kindergarten readiness assessment
20 and measuring of developmental and academic progress.
21 (5) The parent or guardian will participate in family engagement
22 and involvement activities offered by the selected prekindergarten
23 program, including meetings with the eligible or limited eligibility
24 child's teacher to discuss the eligible or limited eligibility child's
25 progress or any other conference concerning the eligible or
26 limited eligibility child that is requested by the eligible provider.
27 (6) The parent or guardian will complete the necessary forms for
28 the eligible child or limited eligibility child to receive a student
29 test number from the department of education.
30 (7) The parent or guardian will send the eligible or limited
31 eligibility child to kindergarten.
32 (8) The parent or guardian will read to the eligible or limited
33 eligibility child each week.
34 (9) Any other condition the office determines is appropriate.
35 (d) (c) Priority may be given to an eligible or limited eligibility child
36 under this section if a parent or guardian of the eligible or limited
37 eligibility child is:
38 (1) involved in activities that improve the parent's or guardian's
39 education; or
40 (2) involved in job training.
41 SECTION 17. IC 12-17.2-7.2-7.3, AS AMENDED BY
42 P.L.246-2023, SECTION 12, IS AMENDED TO READ AS
2024 IN 292—LS 6930/DI 119 14
1 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.3. The office
2 shall require, for an eligible provider to enroll in the prekindergarten
3 program, that the eligible provider agree to the following:
4 (1) Comply on a continuing basis with the requirements under this
5 chapter and rules for participation established by the office.
6 (2) Maintain eligibility under this chapter throughout the
7 prekindergarten program year.
8 (3) Report immediately any changes in eligibility status to the
9 office, including the eligible provider's loss of national or regional
10 accreditation.
11 (4) Participate in any training and mandatory meetings required
12 by the office.
13 (5) Participate in all onsite visits conducted by the office,
14 including fiscal auditing activities with regard to the
15 prekindergarten program and prekindergarten program activity
16 monitoring.
17 (6) Allow families of eligible or limited eligibility children
18 enrolled in the prekindergarten program of the eligible provider
19 to visit at any time the prekindergarten program is in operation.
20 (7) Maintain accurate online attendance records through the
21 attendance portal for eligible or limited eligibility children
22 enrolled in the prekindergarten program and submit attendance
23 records as required by the office.
24 (8) Offer parental engagement and involvement activities in the
25 prekindergarten program of the eligible provider in alignment
26 with the family engagement framework adopted by the early
27 learning advisory committee established by IC 12-17.2-3.8-5.
28 (9) Complete, within the period established by the office, the
29 Indiana early childhood family engagement toolkit, including the
30 family engagement self-assessment, adopted by the early learning
31 advisory committee.
32 (10) Share information on the family engagement self-assessment
33 described in subdivision (9) as required by the office.
34 (11) Participate in research studies as required by the office.
35 (12) Enforce minimum attendance requirements of at least
36 eighty-five percent (85%) of the days that the prekindergarten
37 program of the eligible provider is offered to an eligible or limited
38 eligibility child.
39 (13) Inform the office that an eligible or limited eligibility child
40 has withdrawn from the prekindergarten program of the eligible
41 provider not later than five (5) days after the eligible or limited
42 eligibility child is withdrawn.
2024 IN 292—LS 6930/DI 119 15
1 (14) That retroactive repayment to the state may be required or
2 future payments may be adjusted as a result of the withdrawal of
3 an eligible or limited eligibility child or changes in the law.
4 (15) Maintain records of participation by a family of an eligible
5 or limited eligibility child in family engagement activities and
6 submit records as required by the office.
7 (16) Promote an eligible or limited eligibility child's social,
8 emotional, and behavioral health and eliminate or severely limit
9 the use of expulsion, suspension, and other exclusionary
10 discipline practices.
11 (17) Use the exclusionary discipline practices described in
12 subdivision (16) only as a last resort in extraordinary
13 circumstances when there is a determination of a serious safety
14 threat that cannot otherwise be reduced or eliminated by the
15 provision of reasonable modifications.
16 (18) Inform and receive approval from the office before the
17 eligible provider expels, suspends, or uses other exclusionary
18 discipline practices.
19 (19) Assist a parent or guardian, upon request by the parent or
20 guardian, in obtaining information from, referral to, or both
21 information from and referral to, the public school that serves the
22 attendance area in which the parent or guardian resides for an
23 educational evaluation and determination of eligibility for special
24 education services if developmental delays or reasons to suspect
25 a disability are observed by the parent, guardian, or teacher of an
26 eligible or limited eligibility child during the prekindergarten
27 program year.
28 SECTION 18. IC 12-17.2-7.2-7.4, AS AMENDED BY
29 P.L.246-2023, SECTION 13, IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.4. (a) To qualify
31 as a potential eligible provider or existing eligible provider, an
32 applicant must:
33 (1) provide an expansion plan to the office that details the
34 potential eligible provider's or existing eligible provider's plan to:
35 (A) increase the capacity of providers of qualified early
36 education services to serve a greater number of eligible or
37 limited eligibility children;
38 (B) increase the number of providers of qualified early
39 education services; or
40 (C) increase the capacity as described in clause (A) and
41 increase the number as described in clause (B);
42 (2) comply with the agreement with the office concerning the plan
2024 IN 292—LS 6930/DI 119 16
1 under subdivision (1) and the use of a grant awarded under this
2 chapter;
3 (3) agree:
4 (A) to operate as an eligible provider; or
5 (B) that the applicant intends to operate as an eligible
6 provider;
7 (4) agree that the applicant will not use any grant funds awarded
8 under this section for capital expenditures; and
9 (5) comply with any other standards and procedures established
10 under this chapter.
11 (b) Subject to subsections (c) and (d), the office may award a grant
12 to an applicant that meets the requirements of subsection (a).
13 (c) The office may not use more than a total of twenty percent (20%)
14 of the money in the fund each state fiscal year:
15 (1) for grants awarded under this chapter to potential eligible
16 providers and existing eligible providers for expansion plans; and
17 (2) to meet any state match amounts required for a federal grant
18 described in subsection (f).
19 (d) The office may not award grant funds under this section to an
20 applicant for any of the following:
21 (1) The purchase of land or a building.
22 (2) The construction or expansion of a building.
23 (e) If a potential eligible provider or existing eligible provider fails
24 to:
25 (1) use the grant funds in accordance with the expansion plan
26 described in subsection (a); or
27 (2) comply with the agreement entered into with the office under
28 subsection (a);
29 the potential eligible provider or existing eligible provider shall repay
30 to the office the total amount of the grant awarded to the potential
31 eligible provider or existing eligible provider under this chapter.
32 (f) The office may use money in the fund that is allocated for
33 expansion plans under this section for a state fiscal year to meet any
34 state match amounts required for a federal grant if the purpose of the
35 federal grant is that the grant money be used for increasing:
36 (1) the capacity;
37 (2) the number; or
38 (3) both the capacity and number;
39 of providers of early education services for children four (4) years of
40 age.
41 SECTION 19. IC 12-17.2-7.2-7.8, AS AMENDED BY
42 P.L.246-2023, SECTION 15, IS AMENDED TO READ AS
2024 IN 292—LS 6930/DI 119 17
1 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.8. (a) The office
2 shall make random onsite inspections each year, as determined
3 necessary by the office, at the facility of:
4 (1) an eligible provider; or
5 (2) a potential eligible provider or existing eligible provider;
6 that receives a grant under this chapter.
7 (b) The office may determine that an eligible provider or potential
8 eligible provider or existing eligible provider is not eligible to receive
9 a grant under the prekindergarten program if the eligible provider or
10 potential eligible provider or existing eligible provider:
11 (1) fails to comply with this chapter; or
12 (2) refuses to allow, during normal business hours, the office or
13 an agent of the office to inspect the facility at which the eligible
14 provider or potential eligible provider or existing eligible provider
15 operates a child care program for eligible or limited eligibility
16 children.
17 SECTION 20. IC 12-17.2-7.2-8, AS AMENDED BY P.L.268-2019,
18 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 8. (a) The office shall determine:
20 (1) which applicants shall be awarded a grant; and
21 (2) subject to subsection (b) and to the availability of funding, the
22 amount of each grant.
23 (b) At least five percent (5%) but not more than fifty percent (50%)
24 of the:
25 (1) tuition for eligible or limited eligibility children under the
26 prekindergarten pilot program; or
27 (2) expansion plan described in section 7.4(a) of this chapter;
28 during the state fiscal year must be paid from donations, gifts, grants,
29 bequests, and other funds received from a private entity or person, from
30 the United States government, or from other sources (excluding funds
31 from a grant provided under this chapter and excluding other state
32 funding). The office may receive and administer grants on behalf of the
33 prekindergarten pilot program. The grants shall be distributed by the
34 office to fulfill the requirements of this subsection.
35 (c) The amount of a grant made under the pilot prekindergarten
36 program to an eligible or limited eligibility child:
37 (1) who attends a prekindergarten program full time must equal
38 at least two thousand five hundred dollars ($2,500) during the
39 state fiscal year; and
40 (2) may not exceed six thousand eight hundred dollars ($6,800)
41 from state money provided under this chapter during the state
42 fiscal year.
2024 IN 292—LS 6930/DI 119 18
1 SECTION 21. IC 12-17.2-7.2-8.1, AS AMENDED BY
2 P.L.246-2023, SECTION 16, IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.1. (a) If funds are
4 appropriated by the general assembly, grants to limited eligibility
5 children may not exceed:
6 (1) twenty percent (20%) of the amount appropriated for a
7 particular state fiscal year if families with children four (4) years
8 of age are on the waiting list for funds available under the Child
9 Care Development Fund; or
10 (2) forty percent (40%) of the amount appropriated for a
11 particular state fiscal year if there is no waiting list for children
12 four (4) years of age for funds available under the Child Care
13 Development Fund.
14 (b) During the priority enrollment period, the office shall provide
15 grants to eligible children in the prekindergarten program on a
16 first-come, first-served basis to the extent of available funding. The
17 office shall date stamp and reserve applications for limited eligibility
18 children received during the priority enrollment period for processing
19 during the extended enrollment period.
20 (c) During the extended enrollment period, the office shall provide
21 grants to eligible children and limited eligibility children in the
22 prekindergarten program on a first-come, first-served basis to the
23 extent of available funding and in accordance with the limit established
24 by subsection (a).
25 SECTION 22. IC 12-17.2-7.2-13.1, AS AMENDED BY
26 P.L.246-2023, SECTION 20, IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.1. The office
28 shall post monthly on the office's website the total enrollment of and
29 number of grants awarded to
30 (1) all eligible children (before January 1, 2020); and
31 (2) after December 31, 2019, both:
32 (A) all eligible children; and
33 (B) all limited eligibility children;
34 for each county that participates in the prekindergarten program.
35 SECTION 23. IC 12-17.2-7.2-13.5, AS AMENDED BY
36 P.L.246-2023, SECTION 21, IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13.5. (a) The
38 prekindergarten program fund is established to:
39 (1) provide grants to eligible or limited eligibility children for
40 qualified early education services under this chapter;
41 (2) carry out the longitudinal study described in section 12 of this
42 chapter;
2024 IN 292—LS 6930/DI 119 19
1 (3) provide grants to potential eligible providers and existing
2 eligible providers as set forth in section 7.4 of this chapter; and
3 (4) make payments to reimburse costs incurred to provide
4 in-home early education services under IC 12-17.2-7.5.
5 (b) The fund consists of:
6 (1) money appropriated to the fund by the general assembly; and
7 (2) grants or gifts to the fund.
8 (c) The fund shall be administered by the office.
9 (d) The expenses of administering the fund shall be paid from
10 money in the fund.
11 (e) Money in the fund is continuously appropriated for the purposes
12 provided under this article.
13 (f) The treasurer of state shall invest the money in the fund not
14 currently needed to meet the obligations of the fund in the same
15 manner as other public funds may be invested.
16 SECTION 24. IC 20-26-7-47, AS ADDED BY P.L.189-2023,
17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 47. (a) The following definitions apply
19 throughout this section:
20 (1) "Covered school building" has the meaning set forth in
21 IC 20-26-7.1-2.1.
22 (2) "Current school year" refers to a year in which the governing
23 body is required to conduct a review of school building usage
24 under subsection (c).
25 (3) "Eligible provider" has the meaning set forth in
26 IC 12-17.2-7.2-2.
27 (3) (4) "Enrollment" refers to the following:
28 (A) Except as provided in clause (B), students counted in
29 ADM (as defined in IC 20-43-1-6) in the first count date for a
30 school year fixed under IC 20-43-4-3.
31 (B) With regard to a school corporation, students counted in a
32 school corporation's fall count of ADM minus all students
33 counted in the fall count of ADM who are enrolled in eligible
34 schools that:
35 (i) have entered into an agreement with the school
36 corporation to participate as a participating innovation
37 network charter school under IC 20-25.7-5; and
38 (ii) are included in the school corporation's fall ADM count.
39 (4) (5) "Interested person" has the meaning set forth in
40 IC 20-26-7.1-2.2.
41 (b) This section applies to a school corporation only if:
42 (1) the total student enrollment for in-person instruction in the
2024 IN 292—LS 6930/DI 119 20
1 school corporation in the current school year is at least ten percent
2 (10%) less than the student enrollment for in-person instruction
3 in the school corporation in a school year that precedes the
4 current school year by five (5); and
5 (2) the school corporation in the current school year has more
6 than one (1) school building serving the same grade level as the
7 school building subject to closure under this section.
8 (c) Each school year, the governing body of a school corporation
9 shall review the usage of school buildings used by the school
10 corporation to determine whether any school building should be closed
11 for the ensuing school year and subsequent school years.
12 (d) A school corporation may close a school building for the ensuing
13 school year (and subsequent school years) if:
14 (1) at any time the school building had been used for classroom
15 instruction;
16 (2) in the current school year and the two (2) school years
17 immediately preceding the current school year the school building
18 was underutilized for classroom instruction purposes or other
19 allowable uses specified by this section;
20 (3) as of the end of the school year before the school building is
21 required to be closed under this section, the school corporation
22 was not subject to a transitional plan adopted by the governing
23 body and approved by the department to use the school building
24 for an allowable use not later than the next school year after the
25 school building is otherwise required to be closed under this
26 section;
27 (4) in the case of a school building that was used in any part in the
28 current school year for instructional purposes, the school
29 corporation has another school building:
30 (A) with sufficient capacity to take the students using the
31 school building being considered for closure; and
32 (B) that does not require more than twenty (20) minutes of
33 travel time by car or bus from the school building being
34 considered for closure; and
35 (5) the school building is not a school building described in
36 IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or
37 IC 20-26-7.1-3(d).
38 (e) For purposes of this section, a school building is underutilized
39 in a school year if the school building is not used for any of the
40 following allowable uses:
41 (1) The number of full-time equivalent students enrolled for
42 in-person instruction in the school building on instructional days
2024 IN 292—LS 6930/DI 119 21
1 (as determined under IC 20-30-2) for instructional purposes,
2 averaged over the current school year and the two (2) school years
3 immediately preceding the current school year, is at least sixty
4 percent (60%) of:
5 (A) the known classroom design capacity of the school
6 building; or
7 (B) if the design capacity is not known, the average maximum
8 full-time equivalent enrollment in any of the last twenty-five
9 (25) years, as validated by records created or maintained by
10 the department.
11 (2) The school corporation demonstrates through facts included
12 in a resolution that the school building is being used and that it is
13 financially prudent to continue to use the school building,
14 considering all community resources, for a distinct student
15 population that reasonably cannot be served through integration
16 with the general school population, such as students attending an
17 alternative education program (as defined in IC 20-30-8-1).
18 However, to be an allowable use under this subdivision, the
19 average number of full-time equivalent students using the school
20 building in a school year for instructional purposes must be at
21 least thirty percent (30%) of:
22 (A) the known classroom design capacity of the school
23 building; or
24 (B) if the design capacity is not known, the average maximum
25 full-time equivalent enrollment in any of the last twenty-five
26 (25) years, as validated by records created or maintained by
27 the department; and
28 (if multiple school buildings are used for the same purposes)
29 combining the student populations into fewer school buildings is
30 not reasonably feasible.
31 (3) The school corporation demonstrates through facts included
32 in a resolution that the school building is being used and that it is
33 financially prudent to continue to use the school building,
34 considering all community resources, for administrative or other
35 school offices. However, to be an allowable use under this
36 subdivision, at least fifty percent (50%) of the square footage of
37 the school building must be used for offices, the personnel
38 headquartered in the school building must consistently use the
39 space for office purposes, and the occupancy cost of using the
40 school building cannot be more than comparable office space that
41 is available in the school district.
42 (4) The school corporation demonstrates through facts included
2024 IN 292—LS 6930/DI 119 22
1 in a resolution that the school building is being used and that it is
2 financially prudent to continue to use the school building,
3 considering all community resources, for storage. However, to be
4 an allowable use under this subdivision, at least fifty percent
5 (50%) of the square footage of the school building must be used
6 for storage, on average the storage space must be used to capacity,
7 and the cost of using the school building for storage must be less
8 than comparable storage space that is available in the school
9 district.
10 (5) The school corporation demonstrates through facts included
11 in a resolution that the school building is being used and that it is
12 financially prudent to continue to use the school building,
13 considering all community resources, for a combination of office
14 space and storage. However, to be an allowable use under this
15 subdivision, at least fifty percent (50%) of the square footage of
16 the school building must be used for a combination of office
17 space and storage and:
18 (A) the personnel headquartered in the school building must
19 consistently use the office space for office purposes, and the
20 occupancy cost of using the office space, calculated using the
21 costs of operating the school building, cannot be more than
22 comparable office space that is available in the school district;
23 and
24 (B) on average, the storage space must be used to capacity and
25 the cost of using the school building for storage must be less
26 than comparable storage space that is available in the school
27 district.
28 (f) Closure of a school building that is:
29 (1) owned by the school corporation or any other entity that is
30 related in any way to, or created by, the school corporation or the
31 governing body; or
32 (2) jointly owned in the same manner by two (2) or more school
33 corporations;
34 shall be carried out in conformity with IC 20-26-7.1.
35 (g) Before filing a petition under subsection (h), a an eligible
36 provider, a charter school, or a state educational institution that is
37 interested in a school corporation's school building must give written
38 notice to the school corporation to determine whether an agreement can
39 be reached regarding the school corporation making the school
40 building available for lease or purchase under IC 20-26-7.1.
41 (h) If an agreement is not reached within forty-five (45) days after
42 the date that the school corporation receives the notice under
2024 IN 292—LS 6930/DI 119 23
1 subsection (g), the eligible provider, charter school, or state
2 educational institution may petition the department to initiate, or the
3 department on its own may initiate, a proceeding for a determination
4 as to whether a school building meets the criteria for closure under this
5 section or a covered school building that is no longer used for
6 classroom instruction by a school corporation should be made available
7 under IC 20-26-7.1. If a an eligible provider, a charter school, or a
8 state educational institution petitions the department under this
9 subsection, the eligible provider, charter school, or state educational
10 institution must provide a copy of the petition to the applicable school
11 corporation.
12 (i) An interested person that is not otherwise a party to the
13 proceeding may intervene in the proceeding under subsection (h) as a
14 party. The school corporation has the burden of going forward with the
15 evidence and the burden of proof to demonstrate that the school
16 building does not meet the criteria for closure or the covered school
17 building is not required to be made available under IC 20-26-7.1.
18 (j) Not more than sixty (60) days after receiving notice of a petition
19 under subsection (h), the school corporation must:
20 (1) file a response to the petition that notifies the department that
21 the school corporation:
22 (A) is not contesting the petition; or
23 (B) is contesting the petition and states the facts upon which
24 the school corporation relies in contesting the petition; and
25 (2) provide a copy of the response to the petitioner and any
26 intervening party.
27 (k) If the school corporation:
28 (1) files a response that the school corporation is not contesting
29 the petition; or
30 (2) fails to submit a timely response under subsection (j);
31 the department shall issue an order granting the petition. A petition and
32 any response or reply are public documents.
33 (l) If a school corporation contests a petition under subsection (j),
34 a party to the proceeding has not more than sixty (60) days after the
35 date that the school corporation files a response under subsection (j) to
36 submit a reply to the school corporation's response.
37 (m) The department shall make a determination regarding a petition
38 under subsection (h) not more than one hundred twenty (120) days after
39 the date that the:
40 (1) petitioner and any intervening party have submitted a reply
41 under subsection (l); or
42 (2) time period to reply under subsection (l) has expired.
2024 IN 292—LS 6930/DI 119 24
1 (n) A school corporation or another party to the proceeding may file
2 with the state board a petition requesting review of the department's
3 determination. Upon receipt of a petition under this subsection, the
4 state board shall review the department's determination. An appeal to
5 the state board shall be subject to the procedure described in
6 IC 20-26-11-15(b).
7 (o) Upon the issuance of a final unappealable order granting a
8 petition, the school corporation may make the school building available
9 for lease or purchase in accordance with IC 20-26-7.1.
10 SECTION 25. IC 20-26-7-48, AS ADDED BY P.L.189-2023,
11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 UPON PASSAGE]: Sec. 48. (a) The following definitions apply
13 throughout this section:
14 (1) "Current school year" refers to a year in which the governing
15 body is required to conduct a review of school building usage
16 under section 47(c) of this chapter.
17 (2) "Enrollment" has the meaning set forth in section 47(a)(3)
18 47(a)(4) of this chapter.
19 (b) This section applies to a school corporation only if:
20 (1) the total student enrollment for in-person instruction in the
21 school corporation in the current school year is at least ten percent
22 (10%) less than the student enrollment for in-person instruction
23 in the school corporation in a school year that precedes the
24 current school year by five (5); and
25 (2) the school corporation in the current school year has more
26 than one (1) school building serving the same grade level as a
27 school building subject to closure under section 47 of this chapter.
28 (c) Each school corporation shall annually report to the department,
29 in the form and on the schedule specified by the department, the
30 following information:
31 (1) A listing of all buildings owned or leased by the school
32 corporation that were originally designed as a school building.
33 (2) The following information for each building listed in
34 subdivision (1):
35 (A) Designed occupancy, regardless of current use.
36 (B) Current use (and percentage of use) for classroom
37 instruction, as special use classrooms, as office space, or as
38 storage or alternatively the building's status as transitioning
39 from one (1) use or combination of uses to another.
40 (C) The following information:
41 (i) Current average full-time equivalent student enrollment
42 for in-person instruction in the school building on
2024 IN 292—LS 6930/DI 119 25
1 instructional days (as determined under IC 20-30-2) in a
2 school year.
3 (ii) Percentage of instructional use.
4 (iii) Percentage of use for other purposes.
5 (D) Self-evaluation of whether the building qualifies for
6 closure under section 47 of this chapter or the school board
7 otherwise intends to close the building and the date closure
8 will occur (if applicable).
9 SECTION 26. IC 20-26-7.1-1.9 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE UPON PASSAGE]: Sec. 1.9. The definitions in
12 IC 12-17.2-7.2-1, IC 12-17.2-7.2-2, and IC 12-17.2-7.2-6 apply
13 throughout this chapter.
14 SECTION 27. IC 20-26-7.1-2.2, AS ADDED BY P.L.189-2023,
15 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 UPON PASSAGE]: Sec. 2.2. As used in this chapter, "interested
17 person" refers to the following:
18 (1) Each state educational institution.
19 (2) Each charter school in a county where a school corporation
20 with a covered school building subject to closure is located.
21 (3) All charter school authorizers (excluding school corporation
22 authorizers as defined in IC 20-24-1-2.5(1)).
23 (4) Each trade or professional organization representing charter
24 schools listed as an organization representing charter schools on
25 the website of the department or otherwise known to a school
26 corporation with a covered school building subject to closure.
27 (5) The Indiana charter school board.
28 (6) Each charter school that is not described in subdivision (2)
29 that has provided a written notice of interest in a covered school
30 building to the department.
31 (7) Each eligible provider in a county where a school
32 corporation with a covered school building subject to closure
33 is located.
34 SECTION 28. IC 20-26-7.1-3, AS AMENDED BY P.L.189-2023,
35 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 UPON PASSAGE]: Sec. 3. (a) Except as provided in section 1 of this
37 chapter or subsection (b), (c), or (d), before a governing body may sell,
38 exchange, lease, demolish, hold without operating, or dispose of a
39 covered school building, a governing body shall make available for
40 lease or purchase by a an eligible provider, a charter school, or a state
41 educational institution any covered school building owned by the
42 school corporation or any other entity that is related in any way to, or
2024 IN 292—LS 6930/DI 119 26
1 created by, the school corporation or the governing body, including a
2 building corporation, that the governing body elects to close or the
3 school corporation is required to close under IC 20-26-7-47, in order
4 for the covered school building to be used by: a:
5 (1) an eligible provider to provide qualified early education
6 services to eligible children;
7 (1) (2) a charter school to conduct prekindergarten through grade
8 12 classroom instruction; or
9 (2) (3) a state educational institution for an academic purpose.
10 (b) The following are not required to comply with this chapter:
11 (1) A governing body that vacates a covered school building in
12 order to:
13 (A) renovate the covered school building for a future
14 allowable use by the school corporation as permitted under
15 IC 20-26-7-47; or
16 (B) demolish the covered school building, in whole or part,
17 and build a new school building or an addition to a school
18 building on the same site as the demolished building.
19 (2) An emergency manager of a distressed school corporation
20 under IC 6-1.1-20.3.
21 (3) The governing body of the School City of East Chicago school
22 corporation for the Carrie Gosch Elementary School building.
23 (c) This section does not apply to a covered school building in
24 which a governing body under IC 20-26-5-4(a)(7) entered a lease prior
25 to January 1, 2019, with a state accredited nonpublic school. In
26 addition, the governing body may, during or at the expiration of the
27 term of such lease, sell the school building leased under
28 IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually
29 agreed to by the governing body and the nonpublic school.
30 (d) This section does not apply to a covered school building of a
31 school corporation to which the following apply:
32 (1) The school corporation had, before January 1, 2023, entered
33 into a lease or memorandum of understanding with a nonprofit
34 organization exempt from federal taxation under Section
35 501(c)(3) through 501(c)(7) of the Internal Revenue Code for the
36 use of the covered school building.
37 (2) The lease or memorandum of understanding described in
38 subdivision (1):
39 (A) continues in effect;
40 (B) is renewed; or
41 (C) is replaced by a new lease or memorandum of
42 understanding that is entered into between the school
2024 IN 292—LS 6930/DI 119 27
1 corporation and the nonprofit organization described in
2 subdivision (1).
3 (3) The nonprofit organization described in subdivision (1) uses
4 the covered school building for an educational purpose
5 throughout the term of any lease or memorandum of
6 understanding.
7 If at any time the conditions under subdivisions (2) and (3) are not met,
8 the covered school building is subject to IC 20-26-7-47 and this
9 chapter.
10 (e) A covered school building that a school corporation closes or is
11 required to close may not be retained by the school corporation for
12 storage or office use unless the conditions of IC 20-26-7-47(e)(3),
13 IC 20-26-7-47(e)(4), or IC 20-26-7-47(e)(5) are met.
14 SECTION 29. IC 20-26-7.1-4, AS AMENDED BY P.L.189-2023,
15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 UPON PASSAGE]: Sec. 4. (a) A school corporation shall notify the
17 department not later than thirty (30) days after the date the governing
18 body elects to close a covered school building and include with the
19 notification whether the school corporation contends that the building
20 should or should not be made available as provided by this chapter.
21 The school corporation shall notify the department in the annual report
22 required under IC 20-26-7-48 that the school corporation elects to or
23 is required under IC 20-26-7-47 to close a covered school building. The
24 notice must be in the annual report submitted under IC 20-26-7-48 after
25 the school elects to or is required to close the covered school building.
26 The department shall notify interested persons concerning the
27 availability of a covered school building under subsection (d).
28 (b) Not later than fifteen (15) days after:
29 (1) the department receives the earliest notice under subsection
30 (a); or
31 (2) if the department determines that a covered school building
32 qualifies for closure under IC 20-26-7-47, the date a final order to
33 close a covered school building is issued under IC 20-26-7-47;
34 the governing body shall take the actions specified by this subsection
35 and subsection (c). The department shall order a school corporation to
36 comply with this subsection and subsection (c) and request that the
37 attorney general enforce the order under section 9(a) of this chapter.
38 (c) The governing body shall do the following:
39 (1) Make the covered school building available for inspection by
40 a an eligible provider, a charter school, or a state educational
41 institution that notifies the department that it is interested in
42 leasing or purchasing the covered school building.
2024 IN 292—LS 6930/DI 119 28
1 (2) Make the following information available to a an eligible
2 provider, a charter school, or a state educational institution
3 described in subdivision (1):
4 (A) Estimates of the operating expenses for the covered school
5 building for the past three (3) years.
6 (B) Written information regarding the condition of the covered
7 school building, including the age of the roof and the HVAC
8 system, and any known conditions which, in the governing
9 body's opinion, require prompt repair or replacement.
10 (C) A legal description of the property.
11 (d) Not later than fifteen (15) days after the earlier of:
12 (1) receiving the earliest notice under subsection (a); or
13 (2) if the department determines that a covered school building
14 qualifies for closure under IC 20-26-7-47, the date a final
15 unappealable order to close a covered school building is issued
16 under IC 20-26-7-47;
17 the department shall place a notice on the department's website that the
18 covered school building is available for purchase or lease under this
19 chapter and provide written notification to each interested person,
20 including the date when the covered school building will close, no
21 longer be used, or become vacant.
22 (e) The school corporation shall lease the covered school building
23 to a an eligible provider, a charter school, or a state educational
24 institution for one dollar ($1) per year for as long as the eligible
25 provider uses the covered school building for the provision of
26 qualified early education services to eligible children, the state
27 educational institution uses the covered school building for an
28 academic purpose, or the charter school uses the covered school
29 building for classroom instruction, for a term at the eligible provider's,
30 state educational institution's, or charter school's discretion, or sell the
31 covered school building for one dollar ($1), if the eligible provider,
32 charter school, or state educational institution does the following:
33 (1) Within ninety (90) days of receiving the department's notice
34 under subsection (d), a an eligible provider, a charter school, or
35 a state educational institution must submit a preliminary request
36 to purchase or lease the covered school building.
37 (2) Subject to subsection (f), within ninety (90) days of receiving
38 the department's notice under subsection (d), a an eligible
39 provider, a charter school, or a state educational institution must
40 submit to the school corporation the following information:
41 (A) The name of the eligible provider, charter school, or state
42 educational institution that is interested in leasing or
2024 IN 292—LS 6930/DI 119 29
1 purchasing the covered school building.
2 (B) A time frame, which may not exceed two (2) years from
3 the date that the covered school building is to be closed, no
4 longer used, or no longer occupied, in which the:
5 (i) eligible provider intends to begin using the covered
6 school building for the provision of qualified early
7 education services to eligible children;
8 (i) (ii) charter school intends to begin providing classroom
9 instruction in the covered school building; or
10 (ii) (iii) state educational institution intends to begin using
11 the covered school building for an academic purpose.
12 (C) The following:
13 (i) If the interested person is an eligible provider, a
14 statement from the eligible provider that, after the
15 eligible provider has made any necessary repairs and
16 modifications, the covered school building will be
17 suitable for use in providing qualified early education
18 services.
19 (ii) If the interested person is a charter school or state
20 educational institution, a resolution, adopted by the board
21 of the charter school or state educational institution stating
22 that the board of the charter school or state educational
23 institution has determined that, after the charter school or
24 state educational institution has made any necessary repairs
25 or modifications, the covered school building will be
26 sufficient to meet the charter school's or state educational
27 institution's needs and can be operated within the charter
28 school's or state educational institution's budget.
29 (f) If the department does not receive any preliminary requests to
30 purchase or lease a covered school building within the time frame
31 described in subsection (e)(1), the department shall send notification
32 to the school corporation that the department has not received any
33 preliminary requests to purchase or lease the covered school building.
34 Upon receipt of the notification under this subsection, the school
35 corporation may sell or otherwise dispose of the covered school
36 building in accordance with IC 36-1-11, IC 20-25-4-14, and
37 IC 20-26-5-4(a)(7).
38 (g) If only one (1) eligible provider submits a preliminary
39 request to purchase or lease a covered school building within the
40 time frame described in subsection (e)(1), the department shall:
41 (1) notify the school corporation of the identity of the eligible
42 provider; and
2024 IN 292—LS 6930/DI 119 30
1 (2) direct the school corporation to complete a sale or lease to
2 the eligible provider in accordance with subsection (n).
3 (h) If one (1) or more eligible providers submit preliminary
4 requests to purchase or lease a covered school building within the
5 time frame described in subsection (e)(1), a selection committee
6 shall be established consisting of:
7 (1) one (1) member appointed by the executive of the largest
8 city or town in the county in which the covered school
9 building is located;
10 (2) one (1) member appointed by the city or town council of
11 the largest city or town in the county in which the covered
12 school building is located;
13 (3) one (1) member appointed by the county commissioners of
14 the county in which the covered school building is located;
15 (4) one (1) member appointed by the county council of the
16 county in which the covered school building is located; and
17 (5) one (1) member appointed by the chamber of commerce of
18 the county in which the covered school building is located.
19 (i) Not later than sixty (60) days after the date on which all
20 members of a selection committee are appointed under subsection
21 (h), the committee shall select which eligible provider may proceed
22 to purchase or lease the covered school building or shall determine
23 whether more than one (1) eligible provider should co-locate within
24 the covered school building. The committee shall base the
25 committee's decision on the following criteria:
26 (1) The committee shall give preference to an existing eligible
27 provider that has a proven track record of providing qualified
28 early education services.
29 (2) If:
30 (A) more than one (1) of the eligible providers has a proven
31 track record of providing qualified early education
32 services; and
33 (B) only one (1) of the eligible providers is operating in the
34 county in which the covered school building is located;
35 the committee shall give preference to the eligible provider
36 operating in the same county as the covered school building.
37 In the event that the committee determines that two (2) or more
38 eligible providers should co-locate in the covered school building,
39 the eligible providers have sixty (60) days to submit a
40 memorandum of understanding stating that the eligible providers
41 shall be jointly and severally liable for the obligations related to the
42 sale or lease of the covered school building, and specifying how the
2024 IN 292—LS 6930/DI 119 31
1 eligible providers will utilize the covered school building and share
2 responsibility for operational, maintenance, and renovation
3 expenses. If the eligible providers are unable to agree, the eligible
4 providers shall be deemed to have revoked their prior request
5 regarding the lease or sale of the covered school building. The
6 committee shall give notice of the committee's decision to the
7 school corporation and each interested person. An eligible provider
8 that is not selected by the committee may appeal the decision to the
9 state board not more than thirty (30) days after receipt of the
10 committee's decision. The state board shall issue a final order in
11 the appeal not more than sixty (60) days after receipt of a properly
12 filed appeal. Notice of the appeal and the final order in the appeal
13 must be given to the school corporation.
14 (g) (j) If, within the time frame described in subsection (e)(1), an
15 eligible provider does not submit a preliminary request to purchase
16 or lease a covered school building and only one (1) charter school
17 submits a preliminary request to purchase or lease the covered school
18 building, the department shall notify the school corporation of the
19 identity of the charter school and direct the school corporation to
20 complete a sale or lease to the charter school in accordance with
21 subsection (k). (n). In the event that If, within the time frame
22 described in subsection (e)(1), an eligible provider does not submit
23 a preliminary request to purchase or lease a covered school
24 building and two (2) or more charter schools submit a preliminary
25 request to purchase or lease a the covered school building, within the
26 time frame described in subsection (e)(1), the department shall send
27 notification to each interested person and the school corporation that
28 the department has received two (2) or more preliminary requests under
29 this section. An authorizer committee shall be established, with each
30 statewide authorizer that has authorized one (1) or more charter schools
31 appointing a representative, and the committee shall establish the
32 chairperson and procedures for the committee. Within sixty (60) days
33 of receiving notice under this subsection, the committee shall select
34 which charter school may proceed under subsection (k) (n) to purchase
35 or lease the covered school building or determine if two (2) or more
36 charter schools should co-locate within the covered school building.
37 The committee shall base the committee's decision on the following
38 criteria:
39 (1) Preference shall be given to existing charter schools that have
40 a proven track record of student academic performance.
41 (2) If two (2) or more charter schools of proven academic
42 performance are competing and only one (1) charter school is
2024 IN 292—LS 6930/DI 119 32
1 operating in the county in which the covered school building is
2 located, the charter school in the same county as the covered
3 school building shall be given preference.
4 In the event that the committee determines that two (2) or more charter
5 schools should co-locate in the covered school building, the charter
6 schools have sixty (60) days to submit a memorandum of
7 understanding stating that the charter schools shall be jointly and
8 severally liable for the obligations related to the sale or lease of the
9 covered school building, and specifying how the charter schools will
10 utilize the covered school building and share responsibility for
11 operational, maintenance, and renovation expenses. If the charter
12 schools are unable to agree, the charter schools shall be deemed to have
13 revoked their prior request regarding the lease or sale of the covered
14 school building. The committee shall give notice of the committee's
15 decision to the school corporation and each interested person. A charter
16 school that is not selected by the committee may appeal the decision to
17 the state board not more than thirty (30) days after receipt of the
18 committee's decision. The state board shall issue a final order in the
19 appeal not more than sixty (60) days after receipt of a properly filed
20 appeal. Notice of the appeal and the final order in the appeal must be
21 given to the school corporation.
22 (h) (k) If, within the time frame described in subsection (e)(1),
23 neither an eligible provider nor a charter school does not submit
24 submits a preliminary request to purchase or lease the a covered
25 school building and only one (1) state educational institution submits
26 a preliminary request to purchase or lease the covered school building,
27 the department shall:
28 (1) notify the school corporation of the identity of the state
29 educational institution; and
30 (2) direct the school corporation to complete a sale or lease to the
31 state educational institution in accordance with subsection (k).
32 (n).
33 (i) (l) If, within the time frame described in subsection (e)(1),
34 neither an eligible provider nor a charter school submits a
35 preliminary request to purchase or lease a covered school building
36 and one (1) or more state educational institutions submit preliminary
37 requests to purchase or lease a the covered school building, a selection
38 committee shall be established consisting of:
39 (1) one (1) member appointed by the executive of the largest city
40 or town in the county in which the covered school building is
41 located;
42 (2) one (1) member appointed by the city or town council of the
2024 IN 292—LS 6930/DI 119 33
1 largest city or town in the county in which the covered school
2 building is located;
3 (3) one (1) member appointed by the county commissioners of the
4 county in which the covered school building is located;
5 (4) one (1) member appointed by the county council of the county
6 in which the covered school building is located; and
7 (5) one (1) member appointed by the chamber of commerce of the
8 county in which the covered school building is located.
9 (j) (m) Not later than sixty (60) days after the date that a member is
10 on which all members of a selection committee are appointed under
11 subsection (i), (l), the committee shall:
12 (1) select which state educational institution may proceed to
13 purchase or lease the covered school building; or
14 (2) determine whether more than one (1) state educational
15 institution should co-locate within the covered school building.
16 In making the committee's determination, the committee shall give
17 preference to a state educational institution whose proposed use of the
18 covered school building is assessed as having the greatest educational
19 benefit for prekindergarten through grade 12 education. A committee
20 determination under this subsection may not be appealed.
21 (k) (n) A school corporation shall lease the a covered school
22 building for one dollar ($1) per year to the an eligible provider, a
23 charter school, or a state educational institution for as long as the:
24 (1) eligible provider uses the covered school building for the
25 provision of qualified early education services to eligible
26 children;
27 (1) (2) charter school uses the covered school building for
28 classroom instruction for any combination of kindergarten
29 through grade 12; or
30 (2) (3) state educational institution uses the covered school
31 building for an academic purpose.
32 The term of the lease shall be established at the eligible provider's,
33 charter school's, or state educational institution's discretion and include
34 an option for the eligible provider, state educational institution, or
35 charter school to purchase the covered school building for one dollar
36 ($1). Alternatively, the school corporation shall sell the covered school
37 building to the eligible provider, charter school, or state educational
38 institution for one dollar ($1), if the eligible provider, charter school,
39 or state educational institution has met the requirements set forth in
40 subsection (e) and uses the covered school building in the manner
41 prescribed by this subsection. If the eligible provider, charter school,
42 or state educational institution selected to lease or purchase the covered
2024 IN 292—LS 6930/DI 119 34
1 school building has met the requirements under subsection (e), the
2 school corporation has not more than ninety (90) days after the date
3 notice of a final unappealable decision is received by the school
4 corporation to complete the lease or sale of the covered school building
5 to the eligible provider, charter school, or state educational institution.
6 If the transaction is not completed within ninety (90) days, the
7 department or the selected eligible provider, charter school, or state
8 educational institution may, under section 9 of this chapter, request that
9 the attorney general enforce the sale or lease or may file suit to enforce
10 the sale or lease. If a an eligible provider, a charter school, or a state
11 educational institution has not met the requirements under subsection
12 (e), the school corporation may sell or otherwise dispose of the covered
13 school building in accordance with IC 36-1-11, IC 20-25-4-14, and
14 IC 20-26-5-4(a)(7).
15 SECTION 30. IC 20-26-7.1-4.5, AS AMENDED BY P.L.189-2023,
16 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 4.5. (a) After a governing body passes a
18 resolution or takes official action to close, no longer use, or no longer
19 occupy a covered school building or the covered school building is
20 required to be closed under IC 20-26-7-47, a school corporation is
21 responsible for meeting the requirements described in subsection (b)
22 until the applicable covered school building is:
23 (1) sold or leased to a an eligible provider, a charter school, or
24 a state educational institution; or
25 (2) eligible to be sold or otherwise disposed in accordance with
26 IC 36-1-11, IC 20-25-4-14, and IC 20-26-5-4(a)(7).
27 (b) During the period described in subsection (a), a school
28 corporation is:
29 (1) responsible for the maintenance of a covered school building,
30 including:
31 (A) protection against theft or vandalism;
32 (B) fire protection; and
33 (C) ensuring the covered school building is not damaged
34 during adverse weather conditions;
35 (2) responsible for maintaining the physical condition of the
36 covered school building in the same physical condition the
37 applicable covered school building was on the last day that it was
38 used for classroom instruction; and
39 (3) financially responsible for any damage or destruction that
40 occurs to the covered school building.
41 SECTION 31. IC 20-26-7.1-5, AS AMENDED BY P.L.189-2023,
42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 292—LS 6930/DI 119 35
1 UPON PASSAGE]: Sec. 5. (a) If:
2 (1) a covered school building is sold to a an eligible provider, a
3 charter school, or a state educational institution under section 4
4 of this chapter; and
5 (2) the eligible provider, charter school, or state educational
6 institution described in subdivision (1) no longer intends to use
7 the covered school building for the purposes described in section
8 4(e) of this chapter;
9 the eligible provider, charter school, or state educational institution
10 shall offer to transfer the covered school building back to the school
11 corporation that initially sold the covered school building to the
12 eligible provider, charter school, or state educational institution.
13 (b) If a school corporation described in subsection (a) declines the
14 offer to transfer a covered school building back to the school
15 corporation, the eligible provider, charter school, or state educational
16 institution may sell or transfer the covered school building to a third
17 party. If a an eligible provider, a charter school, or a state educational
18 institution sells or transfers a covered school building to a third party
19 under this subsection, the eligible provider, charter school, or state
20 educational institution must transfer an amount equal to the gain in the
21 property minus the adjusted basis (including costs of improvements to
22 the covered school building) to the school corporation that initially sold
23 the covered school building to the eligible provider, charter school, or
24 state educational institution. Gain and adjusted basis shall be
25 determined in the manner prescribed by the Internal Revenue Code and
26 the applicable Internal Revenue Service regulations and guidelines.
27 (c) A An eligible provider, a charter school, or a state educational
28 institution that purchases a covered school building assumes total
29 control of the covered school building and must maintain the covered
30 school building, including utilities, insurance, maintenance, and
31 repairs. In the event: a:
32 (1) an eligible provider does not use the covered school
33 building for the provision of qualified early education services
34 to eligible children;
35 (1) (2) a charter school does not use the covered school building
36 for classroom instruction; or
37 (2) (3) a state educational institution does not use the covered
38 school building for an academic purpose;
39 within two (2) years after acquiring the covered school building, the
40 covered school building shall revert to the school corporation, which
41 may sell or otherwise dispose of the covered school building under
42 IC 36-1-11.
2024 IN 292—LS 6930/DI 119 36
1 SECTION 32. IC 20-26-7.1-6, AS AMENDED BY P.L.189-2023,
2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 6. During the term of a lease under section 4
4 of this chapter, the eligible provider, charter school, or state
5 educational institution is responsible for the direct expenses related to
6 the covered school building leased, including utilities, insurance,
7 maintenance, repairs, and remodeling. If the lease involves co-locating
8 eligible providers, co-locating charter schools, or a co-location with
9 a state educational institution, the obligations under the lease of the
10 covered school building shall be joint and several. The school
11 corporation is responsible for any debt incurred for or liens that
12 attached to the covered school building before the eligible provider,
13 charter school, or state educational institution leased the covered
14 school building.
15 SECTION 33. IC 20-26-7.1-9, AS AMENDED BY P.L.189-2023,
16 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 9. (a) The attorney general, in consultation
18 with the department and state board, is authorized to take any action
19 necessary to enforce a department or state board order under
20 IC 20-26-7-47 or this chapter (or an order issued by the attorney
21 general under this chapter (as effective before July 1, 2023)), including
22 equitable actions to enjoin or mandate an action of a school
23 corporation. No final court order shall be issued until the school
24 corporation has had ninety (90) days after the department or state board
25 has issued a final order to complete a sale or lease of the covered
26 school building. If the attorney general does not commence legal action
27 for an injunction to enforce a final order to make a covered school
28 building available for purchase or lease under this chapter within one
29 hundred (100) days after the date the final order was issued, the
30 eligible provider, charter school, or state educational institution that
31 submitted the preliminary notice of interest to acquire or lease the
32 covered school building may file a civil action to enforce this chapter.
33 (b) In addition to the remedy under subsection (a), if a school
34 corporation does not comply with the requirements to sell or lease a
35 covered school building under this chapter, the school corporation shall
36 submit any proceeds from the sale of the covered school building to the
37 state board, which shall be distributed equally between each charter
38 school located in the attendance area of the school corporation. If no
39 charter schools are located in the attendance area, the state board must
40 use the proceeds to provide grants under the charter school and
41 innovation grant program under IC 20-24-13. The attorney general is
42 authorized to initiate any legal action necessary to ensure compliance
2024 IN 292—LS 6930/DI 119 37
1 with this chapter.
2 SECTION 34. IC 21-12-8-2, AS AMENDED BY P.L.143-2019,
3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 UPON PASSAGE]: Sec. 2. The commission shall do the following:
5 (1) Prescribe the form and manner in which applications for adult
6 student grants may be submitted.
7 (2) Determine the eligibility of applicants.
8 (3) Determine the amount of an adult student grant awarded to a
9 recipient.
10 (4) In conjunction with the department of workforce development,
11 determine which certificate programs are eligible for the high
12 value workforce ready credit-bearing grant under section 9
13 9(b)(3)(A) of this chapter after considering at least the following
14 for each certificate program:
15 (A) Workforce demand and needs.
16 (B) Wage level data and information.
17 (C) Program content and completion data.
18 (D) Job placement data.
19 (E) The program's impact on public safety.
20 SECTION 35. IC 21-12-8-9, AS AMENDED BY P.L.92-2020,
21 SECTION 100, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) This section applies to an
23 applicant who attends or has attended any of the following:
24 (1) An approved secondary school.
25 (2) A state accredited nonpublic school.
26 (3) A nonaccredited nonpublic school.
27 (b) An applicant is eligible to receive a high value workforce ready
28 credit-bearing grant if the following conditions are met:
29 (1) The applicant is domiciled in Indiana, as defined by the
30 commission.
31 (2) The applicant:
32 (A) has received a diploma of graduation from a school
33 described in subsection (a);
34 (B) has been granted a:
35 (i) high school equivalency certificate before July 1, 1995;
36 or
37 (ii) state of Indiana general educational development (GED)
38 diploma under IC 20-10.1-12.1 (before its repeal),
39 IC 20-20-6 (before its repeal), or IC 22-4.1-18; or
40 (C) is a student in good standing who is completing a final
41 year of study at a school described in subsection (a) and will
42 be eligible upon graduation to attend an approved institution
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1 of higher learning.
2 (3) The applicant is enrolled in:
3 (A) an eligible certificate program, as determined under
4 section 2(4) of this chapter, at Ivy Tech Community College,
5 Vincennes University, or a program approved by the
6 commission; or
7 (B) an educational program leading to a degree, certificate,
8 or credential necessary to meet the educational
9 requirements for:
10 (i) employment in any capacity by a child care center
11 licensed under IC 12-17.2-4 or child care ministry
12 licensed or registered under IC 12-17.2-6; or
13 (ii) licensure to operate a child care home under
14 IC 12-17.2-5.
15 (4) The applicant enrolls at least half-time for purposes of federal
16 financial aid.
17 (5) The applicant has not received any grant for the maximum
18 number of academic terms specified for the grant in
19 IC 21-12-13-1 or IC 21-12-13-2.
20 (6) The applicant is not eligible for any state financial aid
21 program described in IC 21-12-13-1(a) or IC 21-12-13-2(a).
22 (7) The applicant is identified as financially independent from the
23 applicant's parents as determined by the Free Application for
24 Federal Student Aid (FAFSA).
25 (8) The applicant has correctly filed the FAFSA and, if eligible
26 for aid, accepts all offered federal scholarships and grants.
27 (9) Except as provided under subsection (c), the applicant
28 maintains satisfactory academic progress, as determined by the
29 eligible institution.
30 (10) The applicant has not previously received a baccalaureate
31 degree, an associate degree, or an eligible certificate.
32 (11) The applicant meets any other minimum criteria established
33 by the commission.
34 (c) This subsection applies to an applicant who does not maintain
35 satisfactory academic progress under subsection (b)(9) but meets all the
36 other conditions required under subsection (b). An applicant is eligible
37 to receive a high value workforce ready credit-bearing grant if the
38 applicant meets one (1) of the following:
39 (1) The applicant has not attended an eligible institution for the
40 immediately preceding two (2) academic years.
41 (2) The applicant:
42 (A) attended an eligible institution at any time during the
2024 IN 292—LS 6930/DI 119 39
1 immediately preceding two (2) academic years; and
2 (B) maintained satisfactory academic progress, as determined
3 by the eligible institution, during the period described in
4 clause (A) in which the applicant attended the eligible
5 institution.
6 (d) If an applicant is identified as dependent as determined by the
7 Free Application for Federal Student Aid (FAFSA), the applicant must:
8 (1) meet the criteria specified in subsection (b), except for
9 subsection (b)(4), (b)(7), and (b)(9);
10 (2) enroll full time for purposes of federal financial aid;
11 (3) maintain satisfactory academic progress, as determined by the
12 eligible institution; and
13 (4) complete a workforce ready grant success program, as
14 determined by the commission, if the applicant graduates from
15 high school after December 31, 2018.
16 (e) If the demand for high value workforce ready credit-bearing
17 grants exceeds the available appropriation, as determined by the
18 commission, the commission shall prioritize the applicants identified
19 as independent as determined by the Free Application for Federal
20 Student Aid (FAFSA).
21 SECTION 36. [EFFECTIVE UPON PASSAGE] (a) As used in this
22 SECTION, "office" means the office of the secretary of family and
23 social services established by IC 12-8-1.5-1.
24 (b) Not later than July 1, 2024, the office shall initiate the
25 process of amending the office's rules in conformance with the
26 findings of the third party evaluation commissioned under
27 IC 12-17.2-3.8-5(a)(10), as amended by this act.
28 (c) This SECTION expires December 31, 2024.
29 SECTION 37. [EFFECTIVE UPON PASSAGE] (a) Not later than
30 December 31, 2024, the office of the secretary of family and social
31 services shall submit to the United States Department of Health
32 and Human Services any amendment to Indiana's Child Care and
33 Development Fund plan necessary to implement IC 12-14-31-3, as
34 added by this act, and IC 12-17.2-7.2-1, as amended by this act.
35 (b) This SECTION expires January 1, 2025.
36 SECTION 38. [EFFECTIVE UPON PASSAGE] (a)As used in this
37 SECTION, "legislative council" refers to the legislative council
38 established under IC 2-5-1.1-1.
39 (b) As used in this SECTION, "micro center" means a:
40 (1) child care center (as defined in IC 12-7-2-28.4);
41 (2) child care home (as defined in IC 12-7-2-28.6); or
42 (3) child care ministry (as defined in IC 12-7-2-28.8);
2024 IN 292—LS 6930/DI 119 40
1 that provides child care for not less than three (3) children and not
2 more than thirty (30) children for at least four (4) hours per day.
3 (c) As used in this SECTION, "office" means the office of the
4 secretary of family and social services established by IC 12-8-1.5-1.
5 (d) Not later than October 31, 2024, the office shall, in
6 collaboration with the department of state revenue, submit to the
7 legislative council a report documenting the results attributable to:
8 (1) the employer sponsored child care fund, including any
9 tri-share model programs; and
10 (2) the employer child expenditure credit.
11 (e) Not later than October 31, 2024, the office shall evaluate the
12 micro center model and submit a report summarizing the office's
13 findings and recommendations to the legislative council.
14 (f) A report submitted to the legislative council under this
15 SECTION must be in an electronic format under IC 5-14-6.
16 (g) This SECTION expires December 31, 2024.
17 SECTION 39. An emergency is declared for this act.
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