Indiana Senate Bill 391 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Partisan Bill (Republican 6-0)
Status: Passed on May 4 2023 - 100% progression
Action: 2023-05-04 - Public Law 189
Text: Latest bill text (Enrolled) [PDF]

Charter schools. 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.

Charter schools.

Sen. Linda Rogers [R]	Sen. Jeff Raatz [R]	Sen. Brian Buchanan [R]	Rep. Robert Behning [R]
Rep. Jake Teshka [R]	Rep. Michelle Davis [R]

2023-04-27 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 36 N: 13 NV: 1 Abs: 0) [PASS]
2023-04-27 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 65 N: 31 NV: 1 Abs: 3) [PASS]
2023-04-17 - House - House - Third reading (Y: 64 N: 33 NV: 1 Abs: 2) [PASS]
2023-04-13 - House - House - Amendment #7 (DeLaney) failed (Y: 30 N: 64 NV: 1 Abs: 5) [FAIL]
2023-04-13 - House - House - Amendment #3 (Smith V) failed (Y: 29 N: 63 NV: 3 Abs: 5) [FAIL]
2023-04-13 - House - House - Amendment #2 (Smith V) failed (Y: 30 N: 63 NV: 1 Abs: 6) [FAIL]
2023-02-28 - Senate - Senate - Third reading (Y: 35 N: 13 NV: 1 Abs: 1) [PASS]
2023-02-27 - Senate - Senate - Amendment #5 (Hunley) failed (Y: 12 N: 37 NV: 0 Abs: 1) [FAIL]
2023-02-27 - Senate - Senate - Amendment #6 (Hunley) failed (Y: 16 N: 33 NV: 0 Abs: 1) [FAIL]
2023-02-27 - Senate - Senate - Amendment #10 (Ford J.D.) failed (Y: 11 N: 38 NV: 0 Abs: 1) [FAIL]
2023-02-27 - Senate - Senate - Amendment #2 (Pol) failed (Y: 16 N: 33 NV: 0 Abs: 1) [FAIL]
2023-02-27 - Senate - Senate - Amendment #8 (Pol) failed (Y: 12 N: 37 NV: 0 Abs: 1) [FAIL]

Date	Chamber	Action
2023-05-04	Senate	Public Law 189
2023-05-04	Senate	Signed by the Governor
2023-05-01	House	Signed by the Speaker
2023-04-28	Senate	Signed by the President of the Senate
2023-04-28	Senate	Signed by the President Pro Tempore
2023-04-27	House	Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 556: yeas 65, nays 31
2023-04-27	Senate	Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 526: yeas 36, nays 13
2023-04-27	House	CCR # 1 filed in the House
2023-04-27	Senate	CCR # 1 filed in the Senate
2023-04-27	Senate	Senator Raatz added as conferee
2023-04-27	Senate	Senator Yoder removed as conferee
2023-04-27	Senate	Senator Raatz removed as advisor
2023-04-27	House	Representative Teshka added as conferee
2023-04-27	House	Representative DeLaney removed as conferee
2023-04-27	House	Representative Teshka removed as advisor
2023-04-18	House	House advisors appointed: Teshka, Davis, Klinker, Pfaff and Smith V
2023-04-18	House	House conferees appointed: Behning and DeLaney
2023-04-18	Senate	Senate advisors appointed: Hunley and Raatz
2023-04-18	Senate	Senate conferees appointed: Rogers and Yoder
2023-04-18	Senate	Senate dissented from House amendments
2023-04-18	Senate	Motion to dissent filed
2023-04-18	House	Returned to the Senate with amendments
2023-04-17	House	Third reading: passed; Roll Call 434: yeas 64, nays 33
2023-04-13	House	Second reading: amended, ordered engrossed
2023-04-13	House	Amendment #7 (DeLaney) failed; Roll Call 419: yeas 30, nays 64
2023-04-13	House	Amendment #3 (Smith V) failed; Roll Call 418: yeas 29, nays 63
2023-04-13	House	Amendment #2 (Smith V) failed; Roll Call 417: yeas 30, nays 63
2023-04-13	House	Amendment #1 (Behning) prevailed; voice vote
2023-04-11	House	Committee report: amend do pass, adopted
2023-03-30	House	Referred to the Committee on Ways and Means pursuant to House Rule 127
2023-03-30	House	Committee report: amend do pass, adopted
2023-03-06	House	First reading: referred to Committee on Education
2023-03-01	Senate	Referred to the House
2023-02-28	Senate	Cosponsors: Representatives Teshka J and Davis M
2023-02-28	Senate	House sponsor: Representative Behning
2023-02-28	Senate	Third reading: passed; Roll Call 200: yeas 35, nays 13
2023-02-27	Senate	Amendment #8 (Pol) failed; Roll Call 164: yeas 12, nays 37
2023-02-27	Senate	Second reading: amended, ordered engrossed
2023-02-27	Senate	Amendment #2 (Pol) failed; Roll Call 163: yeas 16, nays 33
2023-02-27	Senate	Amendment #9 (Pol) failed; voice vote
2023-02-27	Senate	Amendment #10 (Ford J.D.) failed; Roll Call 162: yeas 11, nays 38
2023-02-27	Senate	Amendment #6 (Hunley) failed; Roll Call 161: yeas 16, nays 33
2023-02-27	Senate	Amendment #5 (Hunley) failed; Roll Call 160: yeas 12, nays 37
2023-02-27	Senate	Amendment #4 (Rogers) prevailed; voice vote
2023-02-23	Senate	Senator Buchanan added as third author
2023-02-23	Senate	Senator Raatz added as second author
2023-02-23	Senate	Committee report: amend do pass, adopted
2023-01-19	Senate	First reading: referred to Committee on Education and Career Development
2023-01-19	Senate	Authored by Senator Rogers

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/senate/391/details
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#2.COMS
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#3.ENGS
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#4.COMH
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#5.COMH
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#6.ENGH
Text	https://iga.in.gov/legislative/2023/bills/senate/391/#7.ENRH
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S164
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S163
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S162
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S161
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S160
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S200
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#H417
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#H418
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#H419
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#H434
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#H556
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/391/#S526