Sen. Jeff Raatz

Requires a postsecondary educational institution (institution) to submit a disclosure report to the Indiana commissioner for higher education (commissioner) of gifts from a foreign source that meet the reporting threshold established by a federal law regarding disclosures of foreign gifts. Provides that the institution shall submit the disclosure report to the commissioner with the same information required to be reported in the disclosure report described in the federal law and at the same time the institution files the disclosure report under the federal law. Provides that certain information for each institution shall be posted on the commission for higher education's (commission) Internet web site. Provides that whenever it appears that an institution has failed to comply with gift disclosure requirements, a civil action may be brought by the attorney general or at the request of: (1) a member of the general assembly; (2) the governor; (3) a member of the commission; (4) a member of the state board of education; or (5) an Indiana taxpayer; to compel compliance with the gift disclosure requirements. Provides that beginning July 1, 2022, a foreign business entity may not acquire agricultural land located within Indiana for the purposes of crop farming or timber production. Specifies exceptions. Prohibits a foreign business entity that owns agricultural land located within Indiana from transferring the agricultural land to another foreign business entity after June 30, 2022, for the purposes of crop farming or timber production. Requires a foreign business entity to report the acquisition, sale, or transfer of agricultural land for the purposes of crop farming or timber production located within Indiana to the secretary of state and the attorney general. Provides that agricultural land acquired, sold, or transferred in violation of law is subject to forfeiture to the state. Adds a provision to prohibit business entities: (1) organized under the laws of the Russian Federation; or (2) wholly controlled by a citizen or citizens of the Russian Federation who are not legal residents of the United States; from holding and conveying real property located within Indiana.

Provides that, in determining whether at least 50% of the instructional services that a student receives from a school corporation is virtual instruction for purposes of the 2021 fall count of ADM, the department of education (department) shall review the attendance of each student on each school day from the school corporation's first day of school until the school corporation's last day of school of the 2021 fall semester. Makes an exception regarding the school days the department reviews for students who transferred to or from a school corporation during the 2021 fall semester. Provides that, if a school corporation's tuition support amount is adjusted as a result of the application of this provision, the department shall, after December 31, 2021, settle any overpayment or underpayment of state tuition support to a school corporation resulting from the adjustment of tuition support on the schedule determined by the department. Requires each school corporation and charter school to annually report to the department the number of students who, during the students' expected graduation year: (1) were enrolled in the school corporation on the September ADM count day; (2) completed graduation requirements before the February ADM count day; and (3) were not enrolled in the school corporation on the February ADM count day. Requires, not later than September 1 of each year, the department to: (1) compile and prepare a report regarding the information reported by school corporations and charter schools; and (2) submit the report to the legislative council.

Makes changes to the requirements necessary to obtain an initial practitioner license for an individual who completes an alternative teacher certification program and changes regarding teaching special education under the license. Provides that, for school years beginning after June 30, 2022, a school corporation may provide a supplemental payment to a teacher in excess of the salary specified in the school corporation's compensation plan. (Current law allows a school corporation to provide supplemental payment to a teacher in excess of the salary specified in the school corporation's compensation plan if certain circumstances apply.)

Extends the time for an individual to check a trap that captures and kills a furbearing animal from 24 hours to 48 hours. Requires the department of natural resources to publish a recommendation that the best practice to tend or visit, or have tended or visited a furbearing trap that is the person's property within a period not to exceed 24 hours. Establishes a one day license for fur buyers. Provides that in a county having a population with certain parameters, a local flood plain administrator may issue a variance allowing a structure located in a floodway to remain in its location without a permit issued by the director of the department of natural resources if: (1) the structure is an abode or residence; (2) a permit for the construction of the abode or residence was issued by the appropriate official of the county before December 19, 2018; and (3) other conditions are met.

Provides that in a county having a population within certain parameters, a local flood plain administrator may issue a variance allowing a structure located in a floodway to remain in its location without a permit issued by the director of the department of natural resources if the structure is an abode or residence, a permit for the construction of the abode or residence was issued by the appropriate official of the county before December 19, 2018, and other conditions are met.

Provides that, for purposes of determining the funding floor for teachers of a school corporation, the amount a school corporation expends for full-time teacher salaries shall include the amount the school corporation expends for participating in a special education cooperative or a career and technical education cooperative that is directly attributable to the salaries of full-time teachers employed by the cooperative, as determined by the department of education (department). Requires the department to annually report to the legislative council and the state budget committee on certain matters regarding full-time teacher salaries and benefits and the issuance of waivers of the requirement that a school corporation expend a specified percentage of tuition support for full-time teacher salaries. Authorizes the treasurer of state (treasurer) to deduct up to 10% of funds made available for the Indiana education scholarship account program (program) to cover costs of administering the program in the first year and up to 5% of funds made available in each year thereafter. Establishes the Indiana education scholarship account administration fund (fund) to support the administration of the program. Requires any amounts deducted by the treasurer for administration costs to be deposited in the fund. Removes a requirement for certain participating entities in the program to post a surety bond. Makes technical corrections.

Amends the membership and duties of the early learning advisory committee. Makes changes to the definition of "school resource officer". Provides that, after June 30, 2023, if a school corporation or charter school enters into a contract for a school resource officer, certain school corporations or charter schools must enter into a memorandum of understanding with the law enforcement agency that employs or appointed the law enforcement officer who will perform the duties of a school resource officer. Provides that certain parties are prohibited from incentivizing the enrollment, reenrollment, or continued attendance of a student or prospective student by offering or giving an item that has monetary value. Requires the Indiana charter school board (board) to appoint an executive director to carry out the duties and daily operations of the board. Establishes the executive director's duties. Provides that the board shall establish certain processes. Establishes the Indiana charter school board fund and provides that money in the fund is appropriated continuously for purposes of the board. Provides that the department of education (department) may grant an accomplished practitioner's license under certain conditions. Establishes: (1) a definition for "virtual student instructional day"; and (2) requirements for virtual student instructional days. Provides that a public school may conduct not more than three virtual student instructional days that do not meet the established requirements. Provides that a public school that does not comply with these provisions may not count a student instructional day toward the 180 day student instructional day requirement. Allows the department to waive these requirements. Provides that the instructional days tuition support distribution formula take into account only certain schools and grades within a school corporation if fewer than all the schools fail to conduct the minimum number of student instructional days. Authorizes the department to study and, if recommended, use machine scoring. Provides that, after a school receives statewide assessment score reports, a teacher of a student shall discuss the student's statewide assessment results with a parent at the next parent/teacher conference or, if the school does not hold parent/teacher conferences, send a notice to a parent of the student offering to meet with the parent to discuss the results. Provides that the department may include in a contract entered into or renewed after June 30, 2022, with a statewide assessment vendor a requirement that the vendor provide a summary of a student's statewide assessment results that meets certain requirements. Changes the department's review period for certain funds. Provides that the state board of education shall assign to a school or school corporation (including adult high schools) a "null" or "no letter grade" for the 2021-2022 school year. Repeals a provision concerning staffing of the board.

Requires the department of education (department) to establish a career coaching pilot program to award grants to school corporations to establish career coaching programs for students of the school corporation. Beginning July 1, 2022, requires the department to annually submit a report to the general assembly in an electronic format that provides certain information concerning high school graduation waiver rates and graduation pathways and to post the report on the department's Internet web site. Provides that, if the total amount of state tuition support that a school corporation receives or will receive during a school year decreases under the student instructional day reduction of tuition support provision by an amount that is equal to or more than $250,000 from the amount the school corporation would otherwise be eligible to receive during the school year, the budget committee shall review the amount of and the reason for the decrease before the implementation of the decrease. Provides that, if an adjustment by the state board of education (state board) of the count of enrolled eligible pupils for one or more school corporations would increase or decrease the total distribution of state tuition support in an amount that is equal to or more than $250,000, the adjustment must be reviewed by the budget committee before the state board may adjust the enrollment count. Provides that, if the state board determines that extreme patterns of certain conditions on the count day or the subsequent adjustment date cause the enrollment to be unrepresentative of the enrollment of one or more school corporations by a count of eligible pupils that would increase or decrease the total distribution of state tuition support in an amount that is equal to or more than $250,000 as a result of changing the count day, the state board may designate another day for determining the enrollment of the one or more school corporations after review by the budget committee. Provides that the state board shall assign to a school or school corporation (including adult high schools) a "null" or "no letter grade" for the 2021-2022 school year.

Provides that a state educational institution may not: (1) designate an outdoor area on campus as an area where protected expressive activities are prohibited; (2) deny any benefit or privilege to, or discriminate against, a religious, political, or ideological student organization for its protected expressive activity; and (3) deny a benefit to or discriminate against a religious, political, or ideological student organization based on the protected expressive activity or a requirement of the student organization. Allows a state educational institution to enforce reasonable time, place, and manner restrictions that comply with certain requirements. Requires a state educational institution to create and publish protected expressive activity policies. Provides that a student or student organization may bring a cause of action for a violation of free speech rights. Allows a court to award injunctive relief, compensatory damages, reasonable court costs, and attorney's fees to an aggrieved student or student organization if the court finds that a violation occurred. Allows a court to award compensatory damages up to $50,000. Provides that a state educational institution is not immune from certain liability. Requires the commission for higher education to create a form for a state educational institution to submit information on an alleged violation of this chapter. Makes conforming changes.

Requires, not later than December 31, 2022, the department of education (department) to: (1) issue a request for proposals for the purpose of contracting with a company to provide; or (2) enter into a memorandum of understanding with a statewide entity to facilitate the procurement of; adequate employer liability and worker's compensation insurance coverage for employers that employ students in work based learning courses. Specifies an exception. Provides that the total amount of funds that the department may expend to carry out the request for proposals or the memorandum of understanding must be less than $100,000. Provides that an employer: (1) may purchase the employer liability and worker's compensation coverage; and (2) is responsible for paying any costs associated with purchasing the coverage. Requires that, if the state board of education grants the designation of a transformation zone within a school corporation after June 30, 2022, the governing body of the school corporation may enter into an agreement with a nonprofit organization to manage and operate all of the schools included in the transformation zone. Provides that the governing body of a school corporation or entity that is a party to any agreement for the management and operation of a transformation zone may submit a complaint first to the governing body, and second to the department for an alleged violation of the agreement. Provides that, not later than 15 days after the date an entity submits a complaint to the department, the department shall issue a decision concerning the complaint. Provides that employees of a transformation zone may organize and create a separate bargaining unit to collectively bargain with the entity operating the transformation zone.