Introduced Version






SENATE BILL No. 1

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-2-10.1-2; IC 20-26-18.

Synopsis: School resource officers. Provides that money from the Indiana safe schools fund may be used for school resource officer programs. Defines "school resource officer". Specifies how a school resource officer program may be established, and sets forth duties and responsibilities for school resource officers. Provides that the attorney general or the budget committee may authorize distributions from the Indiana safe schools fund to school corporations and charter schools for the establishment or expansion of school resource officer programs. Appropriates $10,000,000 to the Indiana safe schools fund for distributions to school corporations and charter schools to establish or expand school resource officer programs.

Effective: Upon passage.





Miller Pete




    January 10, 2013, read first time and referred to Committee on Appropriations.







Introduced

First Regular Session 118th General Assembly (2013)


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.
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SENATE BILL No. 1



    A BILL FOR AN ACT to amend the Indiana Code concerning education and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-2-10.1-2; (13)IN0001.1.1. -->     SECTION 1. IC 5-2-10.1-2, AS AMENDED BY P.L.106-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The Indiana safe schools fund is established to do the following:
        (1) Promote school safety through the:
            (A) purchase of equipment for the detection of firearms and other weapons;
            (B) use of dogs trained to detect firearms, drugs, explosives, and illegal substances; and
            (C) purchase of other equipment and materials used to enhance the safety of schools.
        (2) Combat truancy.
        (3) Provide matching grants to schools for school safe haven programs, including school resource officer programs under IC 20-26-18.
        (4) Provide grants for school safety and safety plans.
        (5) Provide educational outreach and training to school personnel

concerning:
            (A) the identification of;
            (B) the prevention of; and
            (C) intervention in;
        bullying.
    (b) The fund consists of amounts deposited:
        (1) under IC 33-37-9-4; and
        (2) from any other public or private source.
    (c) The institute shall determine grant recipients from the fund with a priority on awarding grants in the following order:
        (1) A grant for a safety plan.
        (2) A safe haven grant requested under section 10 of this chapter.
        (3) A safe haven grant requested under section 7 of this chapter.
    (d) Except as provided in IC 20-26-18, upon recommendation of the council, the institute shall establish a method for determining the maximum amount a grant recipient may receive under this section.

SOURCE: IC 20-26-18; (13)IN0001.1.2. -->     SECTION 2. IC 20-26-18 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 18. School Resource Officers
     Sec. 1. As used in this chapter, "school resource officer" means an individual who has successfully completed the minimum training requirements under IC 20-26-16-4 and who has specialized training to work with students at a school site.
    Sec. 2. (a) A school resource officer may be employed:
        (1) through a contract between a local law enforcement agency and a school corporation or a charter school;
        (2) solely by a school corporation or a charter school; or
        (3) solely by a local law enforcement agency that assigns the school resource officer to a school corporation or a charter school through a memorandum of understanding with the school corporation or the charter school.
    (b) A contract or memorandum of understanding entered into under subsection (a) must state the nature and scope of a school resource officer's duties and responsibilities, including the following:
        (1) The promotion of a safe and orderly school environment through the reduction of rule violations and crime within the school and on school property.
        (2) Supporting school personnel in efforts to provide a safe, productive learning environment, including enforcement of school rules and administration of school disciplinary policies.
        (3) Assisting the school corporation or the charter school in the implementation of an emergency preparedness plan or a crisis intervention plan.
        (4) Acting as a liaison between the school corporation or charter school and local law enforcement agencies.
        (5) Where appropriate, acting as a mentor, role model, or counselor for students, and participating in law related education programs at the school.
        (6) Assisting school personnel in detecting and addressing instances of bullying, intimidation, harassment, and other types of threats to student safety, learning, and development.
        (7) Supporting school personnel in efforts to carry out the school safety specialist program and undergoing any necessary training associated with the program.
        (8) Coordinating with teachers and school administrators to promote awareness of and use of IC 20-33-8-8.
        (9) Preparation of an annual report for use in evaluating and improving the school resource officer program.
    (c) On or before August 1 of each year, a school resource officer hired under this section shall prepare and file with the attorney general an evaluation report, using a format required by the attorney general.
    Sec. 3. There is appropriated to the Indiana safe schools fund established by IC 5-2-10.1-2 ten million dollars ($10,000,000) from the state general fund to satisfy payments authorized by the attorney general or the budget committee under this chapter.
    Sec. 4. (a) School corporations and charter schools may submit applications to the attorney general to receive distributions for the Indiana safe schools fund to establish or expand school resource officer programs, subject to this chapter.
    (b) Applications submitted under this section must be made in a form acceptable to the attorney general.
    (c) The attorney general shall develop weighted criteria in consultation with the criminal justice institute for use in reviewing and authorizing appropriate distributions from the Indiana safe schools fund. The criteria may include:
        (1) the size of the school or school corporation;
        (2) the number of buildings housing students;
        (3) the number of students;
        (4) whether the school or school corporation has an existing school resource officer program;
        (5) the funds or resources available to the school or school

corporation for an existing school resource officer program, if applicable;
        (6) the extent to which the school or school corporation has access to and support from a nearby law enforcement agency; and
        (7) other factors the attorney general determines are appropriate for consideration of an application.
    Sec. 5. Subject to the distribution limits set forth in section 6 of this chapter, the attorney general may authorize distributions under this chapter if all the following requirements are satisfied:
        (1) The school corporation or charter school enters into a contract or a memorandum of understanding with a local law enforcement agency to employ a school resource officer.
        (2) The contract or memorandum of understanding requires the school resource officer to discharge, at a minimum, the duties and responsibilities set forth in section 2(b) of this chapter.
        (3) The contract or memorandum of understanding provides that the school corporation or charter school will pay a part of the costs for employing the school resource officer for a two (2) year period beginning on or after May 1, 2013, which when combined with the part paid by the local law enforcement agency equals at least fifty percent (50%) of the total costs.
        (4) The contract or memorandum of understanding provides that the local law enforcement agency will pay a part of the costs for employing the school resource officer for a two (2) year period beginning on or after May 1, 2013, which when combined with the part paid by the school corporation or charter school equals at least fifty percent (50%) of the total costs.
    Sec. 6. (a) A distribution to a school corporation or charter school authorized by the attorney general under this chapter may not exceed fifty percent (50%) of the total costs for employing a school resource officer for a two (2) year period beginning on or after May 1, 2013, under the contract or memorandum of understanding entered into by the school corporation or charter school and a local law enforcement agency.
    (b) In addition to the limitation set forth in subsection (a), a distribution authorized by the attorney general to a school corporation or charter school under this chapter may not exceed fifty thousand dollars ($50,000) per year.


    Sec. 7. A school corporation or charter school that receives a distribution under this chapter is not required to repay or reimburse the distribution.
    Sec. 8. Not later than ten (10) days after authorizing a distribution under this chapter, the attorney general shall notify the following of the authorization:
        (1) The Indiana criminal justice institute.
        (2) The auditor of state.
        (3) The state board.
        (4) The state police department.
        (5) The budget agency.
        (6) The budget committee.
    Sec. 9. The budget committee may authorize a distribution to a school corporation or a charter school for the establishment or expansion of a school resource officer program, if the school corporation or charter school adopts the standards set forth in section 2(b) of this chapter and requires all school resource officers participating in the program to comply with the standards.

SOURCE: ; (13)IN0001.1.3. -->     SECTION 3. An emergency is declared for this act.