LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7340 NOTE PREPARED: Jan 14, 2025 BILL NUMBER: HB 1002 BILL AMENDED: SUBJECT: Various Education Matters. FIRST AUTHOR: Rep. Behning BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill removes and repeals various education provisions and expired education provisions, including provisions concerning the following: (1) Secretary of Education criteria. (2) Certain Department of Education (DOE) requirements. (3) The Advisory Committee on Career and Technical Education. (4) Use of hearing examiners by the State Board of Education (SBOE). (5) Credit for retaking a virtual course during certain time periods. (6) Family friendly school designations. (7) The Indiana Civic Education Commission. (8) Discretionary directives to DOE. (9) The Program for the Advancement of Math and Science. (10) Access to telecommunication services. (11) Elementary School Counselors, Social Workers, and School Psychologists Program and Fund. (12) Grants for mental health counselor licenses for school counselors. (13) the Arts Education Program. (14) The Geothermal Conversion Revolving Fund. (15) Joint schools in adjacent states. (16) Clause requirements for certain charter school organizer documents. (17) Required submission of economic interest information at the time a charter school organizer submits a proposal for a charter school. (18) Required acknowledgment by a current authorizer regarding a proposal by an existing charter school to another authorizer. (19) Requirements regarding a governing body of school corporation (governing body) providing a noncharter school. (20) Charter requirements, including minimum year, instruction, course, and annual performance target requirements. (21) Certain notice requirements from an authorizer to an organizer that is not in compliance. (22) Certain nondiscrimination and acceptance of credit requirements regarding a public noncharter school. (23) Indiana School for the Arts. (24) Allowing the Board of Trustees of Vincennes University to establish a grammar school. (25) The timing of the election of officers by a governing body. (26) Designation of certain committees by a governing body. (27) Governing body use of funds for associations. (28) Required policies on contacting employment references. (29) Developing and reviewing evidence based plans with parents for improving student behavior and discipline. (30) Agreements regarding wage payment arrangements. (31) Requirements and limitations regarding remediation programs. (32) Student identification card information. (33) Township trustees and the sale of schoolhouses. (34) School health advisory councils and adoption of a school corporation policy on child nutrition and physical activity. (35) Certain agreement requirements regarding joint programs. (36) Certain requirements regarding the transfer of a student to another school. (37) Freeway school corporation and Freeway School Program. (38) Policies, programs, and reports regarding criminal organization activity. (39) Revocation of Coalition of Continuous Improvement school corporation's membership. (40) Transportation HB 1002 1 program discretion. (41) Recommendations regarding certain powers and duties of DOE. (42) Certain training and professional development requirements. (43) Certain teacher leave requirements. (44) Ineligibility for state funds for adopting residence requirements. (45) Certain compensation included in computing teacher's retirement benefit. (46) Penalty for failing to comply with working schedule requirements. (47) Discretionary posting of poster of national motto and flags. (48) Discretionary modification of graduation plan. (49) Requirements regarding certain writing, documents, and records. (50) Required course on safety education. (51) Compilation of leaflets regarding hygiene, sanitary science, and disease prevention. (52) Making a violation regarding teaching certain disease information an infraction. (53) Certain elective courses and teachings. (54) Voluntary summer school program and joint summer school program requirements. (55) Technology preparation curriculum. (56) Community or volunteer service programs. (57) State Certificate of Biliteracy. (58) Nonsession school activities. (59) Requirements regarding Indiana academic standards. (60) Strategic and continuous improvement and achievement plans. (61) Cultural competency components of a school plan. (62) Student Educational Achievement Grants. (63) Remediation Grant Program. (64) Postsecondary workforce training program remediation reduction. (65) Requirement to provide an enrollment form for the Twenty-first Century Scholars Program to certain students. (66) Plan requirements for high ability students. (67) Governor's Scholars Academy. (68) Seminary Township School Fund. (69) Dual Credit Teacher Stipend Matching Grant Fund. (70) Student Enrichment Grants. The bill merges and amends provisions regarding fund distribution upon the termination of a charter and the cessation of a charter school. It amends the age eligibility for a member of a governing body. It also establishes information that must be included in a consolidated audit by an organizer. This bill provides adult high schools are excluded from all cohort based graduation rate calculations except to the extent required under federal law. The bill amends the termination and notice requirements with regard to terminating a transportation program. It relocates a provision regarding trauma informed classroom instruction curriculum in teacher preparation programs. It provides that a provision that decreases state tuition support for failure to meet student instructional day requirements does not apply to charter schools. The bill also provides that the Secretary of Education (instead of the Governor) shall appoint the director of special education. It makes technical and conforming changes. Effective Date: July 1, 2025. Explanation of State Expenditures: Teachers in the Indiana General Assembly: IC 20-28-10-16 provides that the Teachers’ Retirement Fund (TRF) defined benefit calculation includes the sum of the teacher’s salary as a teacher plus the salary earned in that fiscal year as a member of the Indiana General Assembly. The bill strikes IC 20-28-10-16, which could decrease the pension benefit that impacted members would be eligible for at retirement. IC 5-10.4-5-7 also has a similar provision, but that provision only applies to teachers who meet certain experience requirements in both the General Assembly and as a teacher. It is unknown at this time which part of Indiana Code INPRS uses to calculate benefits. [According to the Indiana Legislator Database, there were four members who were current or former teachers in 2023.] Federal E-Rate Match Program: Provisions in the bill repeal statute related to the federal E-Rate Match Program, including a requirement for the Department of Education (DOE) to help coordinate available federal and state funding mechanisms to assist certain entities obtain access to telecommunication services and equipment. It is unknown at this time if repealing this statute will impact state expenditures related to assisting public schools cover their matching grant obligations. [In FY 2024, DOE awarded approximately $3.4 M to help cover the matching grant obligations of public schools participating in the E-Rate Match Program.] HB 1002 2 Workload Changes: The bill will have minor workload impacts across a variety of agencies that would not impact the staffing or resource needs of those agencies. Explanation of State Revenues: Penalty Provision: The bill’s elimination of a Class C infraction could reduce revenue from judgments to the General Fund. Additionally, court fee revenue that gets deposited into various funds could also decrease. Any revenue impact would be minimal. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. Explanation of Local Expenditures: Transfer Students: The bill repeals existing statute allowing parents to request a transfer for their child to a school corporation outside of the student’s legal settlement for better accommodation reasons. This will decrease transferor school corporation transfer tuition expenditures. Workload Changes: The bill has a variety of workload changes that should result in a net workload decrease and some additional flexibility for public schools. Explanation of Local Revenues: Seminary Township School Fund and Credit: The bill eliminates the seminary township school fund in Vanderburgh County and repeals statute that uses money from that fund to provide a credit against the property taxes owed by owners of certain land within a township of Vanderburgh County. By eliminating the credit, property tax bills will increase for owners of the land, possibly increasing property tax cap losses. In calendar year 2023, owners of certain land in Vanderburgh County received about $65,000 in credits from the fund. Transfer Tuition: Provisions in the bill are expected to decrease the number of students who transfer between school corporations. This will reduce transfer tuition revenue received by transferee school corporations. Penalty Provision: The bill’s elimination of a Class C infraction could reduce revenue that would have been collected by certain local units. Any revenue impact would be minimal. Federal E-Rate Match Program: It is currently unknown if the bill’s provisions will reduce or eliminate the state assistance received by public schools participating in the federal E-Rate Match Program. [See Explanation of State Expenditures.] State Agencies Affected: Department of Education; State Board of Education; State Health Commissioner; State Budget Agency; Department of Workforce Development; state educational institutions. Local Agencies Affected: Local units in Vanderburgh County; public schools; Trial courts; local law enforcement agencies. Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual Information Sources: Indiana Legislator Database: http://legdb.iga.in.gov/# Department of Education. Fiscal Analyst: Kelan Fong, 317-232-9592; Austin Spears, 317-234-9454 HB 1002 3