SB 391 IN

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Became Law

Provides that, for a resolution to adopt a school operating referendum tax levy or school safety referendum tax levy adopted after May 10, 2023, a county auditor must distribute a portion of revenue received from the school operating referendum tax levy or school safety referendum tax levy to each charter school in which students who receive not more than 50% virtual instruction and who have legal settlement in certain school corporations attend. Provides that if a charter school receives a distribution from a school corporation from a school operating referendum tax levy or a school safety referendum tax levy, the charter school must post certain information on the charter school's website. Provides that a charter school that may receive money from a school operating referendum tax levy or a school safety referendum tax levy may not promote a position on a referendum, in the same manner as a school corporation is prohibited from promoting a position on a referendum. Provides that the maximum length of a charter is 15 years. (Current law provides that the maximum length of a charter is seven years.) Provides all charter schools access to loans through the Indiana bond bank. Provides that the state board of education (state board) may advance money to charter schools to be used for: (1) school building construction programs; and (2) educational technology programs. Amends the definition of "school building construction program" to: (1) include the purchase, lease, or financing of land, the construction and equipping of school buildings, and the remodeling, repairing, or improving of school buildings by a charter school; and (2) replace "adjusted assessed valuation" with "assessed valuation" with regard to school corporation eligibility for an advance from the common school fund. Provides that a charter school may not receive an advance from the common school fund for an educational technology program unless the charter school develops a three year technology plan. Provides that a school corporation may not (instead of is not entitled to) receive or use certain money or advances unless the school corporation develops a three year technology plan. Makes conforming changes regarding advances to charter schools from the common school fund. Establishes standards concerning when a school corporation may close an underutilized school building that had been used at any time for classroom instruction. Provides procedures regarding petitioning for a determination as to whether a school building meets criteria for closure or should be made available for sale or lease. Requires the department of education (department) to make a determination regarding a petition. Requires each school corporation to annually report to the department certain information regarding school buildings. Provides procedures for notifying charter schools or state educational institutions through the department of the availability of a covered school building. Provides for appeals of certain orders or decisions to the state board. Provides that the: (1) department; or (2) selected charter school or state educational institution; may request the attorney general to commence a legal action to enforce a final order for the sale or lease of a covered school building or file a civil action to enforce the final order for the sale or lease after certain time periods. Repeals certain provisions regarding investigating complaints and enforcement by the attorney general. Establishes the charter school facility grant program. Makes conforming amendments. Makes a technical correction.

• Linda Rogers Republican · author
• Jeff Raatz Republican · author
• Brian Buchanan Republican · author
• Robert Behning Republican · sponsor

1. Jan 19, 2023 Authored by Senator Rogers · upper
2. Jan 19, 2023 First reading: referred to Committee on Education and Career Development · upper
3. Feb 23, 2023 Committee report: amend do pass, adopted · upper
4. Feb 23, 2023 Senator Raatz added as second author · upper
5. Feb 23, 2023 Senator Buchanan added as third author · upper
6. Feb 27, 2023 Amendment #4 (Rogers) prevailed; voice vote · upper
7. Feb 27, 2023 Amendment #5 (Hunley) failed; Roll Call 160: yeas 12, nays 37 · upper
8. Feb 27, 2023 Amendment #6 (Hunley) failed; Roll Call 161: yeas 16, nays 33 · upper
9. Feb 27, 2023 Amendment #10 (Ford J.D.) failed; Roll Call 162: yeas 11, nays 38 · upper
10. Feb 27, 2023 Amendment #9 (Pol) failed; voice vote · upper
11. Feb 27, 2023 Amendment #2 (Pol) failed; Roll Call 163: yeas 16, nays 33 · upper
12. Feb 27, 2023 Second reading: amended, ordered engrossed · upper
13. Feb 27, 2023 Amendment #8 (Pol) failed; Roll Call 164: yeas 12, nays 37 · upper
14. Feb 28, 2023 Third reading: passed; Roll Call 200: yeas 35, nays 13 · upper
15. Feb 28, 2023 House sponsor: Representative Behning · upper
16. Feb 28, 2023 Cosponsors: Representatives Teshka J and Davis M · upper
17. Mar 1, 2023 Referred to the House · upper
18. Mar 6, 2023 First reading: referred to Committee on Education · lower
19. Mar 30, 2023 Committee report: amend do pass, adopted · lower
20. Mar 30, 2023 Referred to the Committee on Ways and Means pursuant to House Rule 127 · lower
21. Apr 11, 2023 Committee report: amend do pass, adopted · lower
22. Apr 13, 2023 Amendment #1 (Behning) prevailed; voice vote · lower
23. Apr 13, 2023 Amendment #2 (Smith V) failed; Roll Call 417: yeas 30, nays 63 · lower
24. Apr 13, 2023 Amendment #3 (Smith V) failed; Roll Call 418: yeas 29, nays 63 · lower
25. Apr 13, 2023 Amendment #7 (DeLaney) failed; Roll Call 419: yeas 30, nays 64 · lower
26. Apr 13, 2023 Second reading: amended, ordered engrossed · lower
27. Apr 17, 2023 Third reading: passed; Roll Call 434: yeas 64, nays 33 · lower
28. Apr 18, 2023 Returned to the Senate with amendments · lower
29. Apr 18, 2023 Motion to dissent filed · upper
30. Apr 18, 2023 Senate dissented from House amendments · upper
31. Apr 18, 2023 Senate conferees appointed: Rogers and Yoder · upper
32. Apr 18, 2023 Senate advisors appointed: Hunley and Raatz · upper
33. Apr 18, 2023 House conferees appointed: Behning and DeLaney · lower
34. Apr 18, 2023 House advisors appointed: Teshka, Davis, Klinker, Pfaff and Smith V · lower
35. Apr 27, 2023 Representative Teshka removed as advisor · lower
36. Apr 27, 2023 Representative DeLaney removed as conferee · lower
37. Apr 27, 2023 Representative Teshka added as conferee · lower
38. Apr 27, 2023 Senator Raatz removed as advisor · upper
39. Apr 27, 2023 Senator Yoder removed as conferee · upper
40. Apr 27, 2023 Senator Raatz added as conferee · upper
41. Apr 27, 2023 CCR # 1 filed in the Senate · upper
42. Apr 27, 2023 CCR # 1 filed in the House · lower
43. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 526: yeas 36, nays 13 · upper
44. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 556: yeas 65, nays 31 · lower
45. Apr 28, 2023 Signed by the President Pro Tempore · upper
46. Apr 28, 2023 Signed by the President of the Senate · upper
47. May 1, 2023 Signed by the Speaker · lower
48. May 4, 2023 Signed by the Governor · executive
49. May 4, 2023 Public Law 189 · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Apr 27, 2023 · PDF
• Introduced Senate Bill (S) · Jan 18, 2023 · PDF
• Senate Bill (S) · Feb 23, 2023 · PDF
• Engrossed Senate Bill (S) · Feb 27, 2023 · PDF
• Senate Bill (H) · Mar 30, 2023 · PDF
• Senate Bill (H) · Apr 11, 2023 · PDF
• Engrossed Senate Bill (H) · Apr 13, 2023 · PDF