First Regular Session of the 124th General Assembly (2025)
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.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 463
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 6-3.1-39.5-15, AS ADDED BY P.L.201-2023,
SECTION 103, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 15. This chapter expires July
1, 2025. 2027.
SECTION 2. IC 12-17.2-3.5-8, AS AMENDED BY P.L.92-2024,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) At least one (1) adult individual who
maintains certification in a course of cardiopulmonary resuscitation
applicable to all age groups of children cared for by a provider shall be
present at all times when a child is in the care of the provider.
(b) Except as provided in subsection (c), the following apply to an
individual who is employed or volunteers as a caregiver at a facility
where a provider operates a child care program:
(1) The individual shall maintain current certification in first aid
applicable to all age groups of children cared for by the provider.
(2) If the individual is:
(A) at least eighteen (18) years of age, the individual may act
as a caregiver without supervision of another caregiver; or
(B) less than eighteen (18) years of age, the individual may act
as a caregiver only if the individual:
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(i) is at least fourteen (14) years of age; and
(ii) is, at all times when child care is provided, directly
supervised by a caregiver who is at least eighteen (18) years
of age.
(3) Before beginning employment or volunteer duties, the
individual must receive a formal orientation to the facility and the
child care program.
(4) Beginning July 1, 2015, unless the provider is a parent,
stepparent, guardian, custodian, or other relative to each child in
the care of the provider, the individual annually must receive at
least twelve (12) hours of continuing education approved by the
division and related to the age appropriate educational
development, care, and safety of children. The hours of
continuing education required by this subdivision may include the
training described in this chapter concerning child abuse
detection and prevention, first aid, cardiopulmonary resuscitation,
and safe sleeping practices.
(5) Not more than three (3) months after the individual begins
employment or volunteer duties, the individual must receive
training approved by the division concerning child abuse
detection and prevention.
(c) An individual who is at least fifteen (15) years of age and is
a student at a school corporation that operates a child care
program may volunteer as a caregiver for the child care program
before completing the requirements under subsection (b) if the
individual:
(1) is supervised by an adult who is authorized under this
article to provide child care services; and
(2) completes the requirements under subsection (b) not later
than three (3) months after the individual begins volunteering
at the facility.
(c) (d) A provider shall:
(1) maintain at the facility where the provider operates a child
care program documentation of all training and completion of
continuing education required by this section; and
(2) make the documentation available to the division upon
request.
SECTION 3. IC 12-17.2-3.8-5, AS AMENDED BY P.L.92-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) The early learning advisory committee
is established to do the following:
(1) Establish child developmental and educational goals for
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Indiana's early learning system, including the development of
standards and objectives for early education programs that receive
state or federal funds.
(2) Design and maintain an approach to measuring progress
toward the goals established under subdivision (1) that include
objective measures of academic quality.
(3) Assess the attainment of the goals established under
subdivision (1) and evaluate the efficacy of state and federal
spending on Indiana's early learning system.
(4) Assess whether the requirements for early education program
licensure:
(A) create an equitable standard for health and safety across all
early education program types;
(B) reinforce the goals established under subdivision (1); and
(C) support the sustainability of Indiana's early learning
system.
(5) Conduct periodic statewide needs assessments concerning the
quality and availability of early education programs for children
from birth to the age of school entry, including the availability of
high quality prekindergarten education for low income children
in Indiana.
(6) Identify opportunities for, and barriers to, collaboration and
coordination among federally and state funded child development,
child care, and early childhood education programs and services,
including governmental agencies that administer the programs
and services.
(7) Design early education workforce strategies, including
recommendations on how to advance professional development.
(8) Assess the capacity and effectiveness of pathways to support
training and recruitment of early educators.
(9) Not later than November 30 of each year, develop and make
recommendations to the governor and, in an electronic format
under IC 5-14-6, to the legislative council concerning the results
of the committee's work under subdivisions (1) through (8).
(10) Not later than May 1, 2024, commission a third party
evaluation to assess existing regulations for child care providers
and provide a report containing recommendations to:
(A) maintain health and safety standards;
(B) streamline administrative burdens, program standards, and
reporting requirements for child care providers;
(C) provide flexibility for a child care provider with a Level 3
or Level 4 paths to QUALITY program rating to expand to
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other locations; and
(D) assist accredited kindergarten through grade 12
institutions in establishing and providing high quality onsite
child care and early learning programs.
Not later than July 1, 2024, the office of the secretary shall initiate
the process of amending the rules adopted by the office under
IC 12-17.2-7.2 in consideration of the recommendations of the
third party evaluation. This subdivision expires January 1, 2025.
(11) Not later than December 31, 2023, develop recommendations
for implementing a revised paths to QUALITY program that:
(A) maintains health and safety standards;
(B) integrates objective measures of kindergarten readiness;
(C) contemplates accredited kindergarten through grade 12
institutions as onsite providers; and
(D) incentivizes child care providers to increase wages for
child care workers who complete education and training that
result in a postsecondary degree or industry recognized
credential.
This subdivision expires July 1, 2024.
(12) Not later than September 30, 2024, do the following:
(A) Complete a study regarding compensation in Indiana for:
(i) early childhood educators; and
(ii) caregivers at out-of-school-time programs;
by collecting compensation data throughout Indiana.
(B) Create an online dashboard to allow access to
compensation data.
(C) Issue a report containing the committee's findings and
recommendations on compensation in Indiana for:
(i) early childhood educators; and
(ii) caregivers at out-of-school-time programs.
(b) The committee consists of the following thirteen (13) fifteen
(15) members:
(1) The secretary of education or the secretary's designee.
(2) The secretary of family and social services or the secretary's
designee.
(3) Seven (7) Nine (9) members appointed by the governor as
follows:
(A) A representative of an organization with an interest in
training the early childhood education workforce.
(B) A representative of a Head Start program under 42 U.S.C.
9831 et seq.
(C) A member of the general public who has an interest in
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early childhood education.
(D) A representative of an early childhood education provider.
(E) A representative from a school corporation who has an
interest in strengthening the transition from early childhood
education to elementary education.
(F) A representative of business with an interest in early
childhood education.
(G) A representative of the nonprofit or philanthropic
community with an interest in early childhood education.
(H) A representative of an out-of-school-time program.
(I) A representative of an organization with an interest in
training individuals in the out-of-school time field and
strengthening the out-of-school time field in Indiana
statewide.
(4) One (1) member who:
(A) is appointed by the speaker of the house of representatives;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(5) One (1) member who:
(A) is appointed by the president pro tempore of the senate;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(6) One (1) member who:
(A) is appointed by the minority leader of the house of
representatives;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(7) One (1) member who:
(A) is appointed by the minority leader of the senate;
(B) is not a member of the general assembly; and
(C) shall serve as a nonvoting member.
(c) Subject to section 5.1 of this chapter, members appointed under
subsection (b)(3) through (b)(7) serve for three (3) year terms. The
members of the committee serve at the pleasure of the appointing
authority.
(d) The governor shall appoint a member of the committee to serve
as chairperson of the committee. The committee shall meet at least six
(6) times each calendar year at the call of the chairperson.
(e) The division shall, in consultation with the department of
education, staff the committee.
(f) The expenses of the committee shall be paid from the funds of
the division.
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(g) Each member of the committee who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
The member is also entitled to reimbursement for traveling expenses
as provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
(h) Each member of the committee who is a state employee but who
is not a member of the general assembly is entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(i) Each member of the committee who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this section shall be paid from appropriations
made to the legislative council or the legislative services agency.
(j) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
SECTION 4. IC 12-17.2-4-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.5. (a) As used in this
section, "bordering state" means any of the following:
(1) Illinois.
(2) Kentucky.
(3) Michigan.
(4) Ohio.
(b) As used in this section, "child care facility" means:
(1) a child care center in Indiana; or
(2) a facility comparable to a child care center in a bordering
state.
(c) As used in this section, a "comparator group size" for an age
range set forth in subsection (g) is the largest group size that is
allowed for that age range under the law governing licensure of
child care facilities in a bordering state.
(d) As used in this section, a "comparator staff to child ratio"
for an age range set forth in subsection (g) is the lowest staff to
child ratio that is allowed for that age range under the law
governing licensure of child care facilities in a bordering state.
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(e) As used in this section, "group" means a portion of the
children for whom a child care facility is providing supervision
who are generally assigned by the child care facility to be
supervised:
(1) in the same room or space; and
(2) by the same staff member or members of the child care
facility.
(f) As used in this section, "staff to child ratio" means, for a
specified age range, a fraction:
(1) the numerator of which is one (1); and
(2) the denominator of which is the maximum number of
children within that age range that a child care facility may
allow to be supervised by a single staff member of the child
care facility under the laws of the state in which the child care
facility is licensed.
(g) The office of the secretary shall annually determine the
comparator staff to child ratios and comparator group sizes for
each of the following age ranges:
(1) Less than twelve (12) months of age.
(2) At least twelve (12) months of age but less than eighteen
(18) months of age.
(3) At least eighteen (18) months of age but less than
twenty-four (24) months of age.
(4) At least twenty-four (24) months of age but less than thirty
(30) months of age.
(5) At least thirty (30) months of age but less than thirty-six
(36) months of age.
(6) At least thirty-six (36) months of age but less than
forty-eight (48) months of age.
(7) At least forty-eight (48) months of age but less than sixty
(60) months of age.
(8) At least sixty (60) months of age but less than seventy-two
(72) months of age.
(9) Seventy-two (72) months of age or older.
(h) The office of the secretary shall ensure that:
(1) Indiana's staff to child ratio for an age range set forth in
subsection (g) is not more stringent than the average
comparator staff to child ratio for that age range; and
(2) Indiana's maximum group size for an age range set forth
in subsection (g) is not more stringent than the average
comparator group size for that age range.
The office of the secretary shall annually evaluate the comparator
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staff to child ratios and comparator group sizes to determine the
need for any changes to Indiana's staff to child ratios and
maximum group sizes.
(i) Not later than December 1 of each year, the office of the
secretary shall publish on the website of the office of the secretary
the:
(1) staff to child ratio that a licensed child care center is
required to maintain; and
(2) maximum group size that a licensed child care center is
required to maintain;
for each age range set forth in subsection (g).
(j) Except as provided in subsection (l) or (m), for the duration
of each calendar year, a licensed child care center may maintain
for each age range set forth in subsection (g) the:
(1) staff to child ratio; and
(2) maximum group size;
that are posted on the website of the office of the secretary under
subsection (i) as of December 1 of the immediately preceding year.
(k) A student who:
(1) is at least fifteen (15) years of age;
(2) is exploring a career in childhood education;
(3) provides care for children as a volunteer at a child care
center; and
(4) is, at all times at which the student provides care for
children at the child care center, under the supervision of an
adult who is authorized under this article to provide child
care services;
is a staff member of the child care center for purposes of the child
care center's staff to child ratio under subsection (j).
(l) The maximum group size for children in an age range under
subsection (g), when supervised in an indoor or outdoor area of a
child care center that provides at least seventy-five (75) square feet
of space per child, is equal to three (3) times the maximum group
size that would otherwise apply for that age range.
(m) The maximum group size for children supervised in a child
care center's cafeteria, regardless of the age range or ranges of the
children under subsection (g), is equal to the number of seats
available to children in the cafeteria.
SECTION 5. IC 12-17.2-7.6-3.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3.1. If as of July 1, 2025:
(1) at least five (5) licensees have applied to participate in the
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pilot program under section 3(c)(1) of this chapter; and
(2) the office of the secretary has selected less than five (5) of
the applicant licensees to participate in the pilot program
under section 3(c)(2) of this chapter;
the office of the secretary shall, not later than July 1, 2025, and
subject to section 3(d) of this chapter, select additional applicant
licensees for participation in the pilot program such that at least
five (5) licensees are participating in the pilot program.
SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "office of the secretary" means the office of the
secretary of family and social services established by IC 12-8-1.5-1.
(b) Not later than July 1, 2025, the office of the secretary shall
initiate the process of amending 470 IAC 3-4.7 in conformance with
IC 12-17.2-4-14.5, as added by this act.
(c) This SECTION expires January 1, 2026.
SECTION 7. An emergency is declared for this act.
SEA 463 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 463 — Concur