Indiana 2023 Regular Session Status: Enacted 6 R cosponsors

SB 391 — Charter schools.

Last action — Public Law 189

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    4 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 391 on the official Indiana source →

Action History

  1. Public Law 189

  2. Signed by the Governor

  3. Signed by the Speaker

  4. Signed by the President of the Senate

  5. Signed by the President Pro Tempore

  6. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 556: yeas 65, nays 31

  7. Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 526: yeas 36, nays 13

  8. CCR # 1 filed in the House

  9. CCR # 1 filed in the Senate

  10. Senator Raatz added as conferee

  11. Senator Yoder removed as conferee

  12. Senator Raatz removed as advisor

  13. Representative Teshka added as conferee

  14. Representative DeLaney removed as conferee

  15. Representative Teshka removed as advisor

  16. House advisors appointed: Teshka, Davis, Klinker, Pfaff and Smith V

  17. House conferees appointed: Behning and DeLaney

  18. Senate advisors appointed: Hunley and Raatz

  19. Senate conferees appointed: Rogers and Yoder

  20. Senate dissented from House amendments

  21. Motion to dissent filed

  22. Returned to the Senate with amendments

  23. Third reading: passed; Roll Call 434: yeas 64, nays 33

  24. Second reading: amended, ordered engrossed

  25. Amendment #7 (DeLaney) failed; Roll Call 419: yeas 30, nays 64

  26. Amendment #3 (Smith V) failed; Roll Call 418: yeas 29, nays 63

  27. Amendment #2 (Smith V) failed; Roll Call 417: yeas 30, nays 63

  28. Amendment #1 (Behning) prevailed; voice vote

  29. Committee report: amend do pass, adopted

  30. Referred to the Committee on Ways and Means pursuant to House Rule 127

  31. Committee report: amend do pass, adopted

  32. First reading: referred to Committee on Education

  33. Referred to the House

  34. Cosponsors: Representatives Teshka J and Davis M

  35. House sponsor: Representative Behning

  36. Third reading: passed; Roll Call 200: yeas 35, nays 13

  37. Amendment #8 (Pol) failed; Roll Call 164: yeas 12, nays 37

  38. Second reading: amended, ordered engrossed

  39. Amendment #2 (Pol) failed; Roll Call 163: yeas 16, nays 33

  40. Amendment #9 (Pol) failed; voice vote

  41. Amendment #10 (Ford J.D.) failed; Roll Call 162: yeas 11, nays 38

  42. Amendment #6 (Hunley) failed; Roll Call 161: yeas 16, nays 33

  43. Amendment #5 (Hunley) failed; Roll Call 160: yeas 12, nays 37

  44. Amendment #4 (Rogers) prevailed; voice vote

  45. Senator Buchanan added as third author

  46. Senator Raatz added as second author

  47. Committee report: amend do pass, adopted

  48. First reading: referred to Committee on Education and Career Development

  49. Authored by Senator Rogers

Sponsors

Sponsorship breakdown

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4 sponsors · 2 co-sponsors · 144 not signed on · 13 voted No

Sponsors (4)

Co-sponsors (2)

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 391 - Rogers - 3rd Reading

Passed 35 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 26601
Unaffiliated 8001
Democrat 1700
Total 351302
% of votes cast 70%26%0%4%
How each member voted (50)
Member Party Vote
Crane — Yea
Sandlin — Yea
Johnson — Yea
Melton — Yea
Messmer — Yea
Zay — Yea
Perfect — Yea
Breaux — Not Voting
Ford Jon — Yea
Andrea Hunley Democrat Nay
David Niezgodski Democrat Nay
Fady Qaddoura Democrat Nay
Greg Taylor Democrat Nay
J.D. Ford Democrat Nay
Lonnie Randolph Democrat Nay
Rodney Pol Democrat Nay
Shelli Yoder Democrat Yea
Aaron Freeman Republican Yea
Blake Doriot Republican Yea
Brian Buchanan Republican Yea
Chris Garten Republican Yea
Dan Dernulc Republican Yea
Ed Charbonneau Republican Yea
Eric Bassler Republican Yea
Eric Koch Republican Yea
Gary Byrne Republican Yea
Greg Walker Republican Yea
James Buck Republican Yea
James Tomes Republican Nay
Jean Leising Republican Yea
Jeff Raatz Republican Yea
Justin Busch Republican Yea
Kyle Walker Republican Yea
Linda Rogers Republican Yea
Liz Brown Republican Yea
Michael Crider Republican Nay
Michael Young Republican Yea
Mike Bohacek Republican Yea
Mike Gaskill Republican Yea
Rick Niemeyer Republican Nay
Rodric Bray Republican Yea
Ron Alting Republican Nay
Ryan Mishler Republican Not Voting
Scott Alexander Republican Yea
Scott Baldwin Republican Yea
Spencer Deery Republican Yea
Stacey Donato Republican Yea
Susan Glick Republican Nay
Travis Holdman Republican Yea
Vaneta Becker Republican Nay

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 391 do?
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.
Who sponsors SB 391?
SB 391 is sponsored by Michelle Davis (Republican), Jake Teshka (Republican), Robert Behning (Republican), Brian Buchanan (Republican), Jeff Raatz (Republican), and Linda Rogers (Republican).
What is the current status of SB 391?
This bill has been enacted into law. Introduced January 19, 2023. Enacted.
Where can I track SB 391?
Track SB 391 free on One Click Politics — get push/email alerts when it moves.

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