Update: End of Legislative Session

The Arc of Indiana
Legislative Memo
March 15, 2018

The Indiana General Assembly adjourned Sine Die just a little after midnight this morning. The chaotic ending to the short session was a bit of a surprise given that the republicans have a super majority in both house and it was republican key bills that died due the 11:59 p.m. deadline.

Everyone is waking up this morning angry and pointing blaming fingers. Key issues that died were gun control, school safety, autonomous vehicles, tax issues and the very contentious Ball State takeover of the Muncie Community school system. Aside from a few issues in the tax bill, democrats are not too disappointed that that the chaos played out as it did. In a very interesting move, the Governor put forth an Executive Order extending the legislative session by an hour which is not allowable by law. Now the conversation turns to a potential special session to take care of the outstanding items.

For those of us interested in the legislative process and having been around the while, this was a first, an interesting first.

The good news....the education bills of interest to The Arc of Indiana got taken care of just minutes before the chaos broke out.

Here is a summary of actions for the week.

ACTION ON KEY BILLS

HB 1017 - Newborn Screening. This bill adds spinal muscular atrophy and severe combined immunodeficiency to the list of disorders in the newborn screening requirements. 

This bill has been signed by the Governor.

HB 1220 - FSSA Matters. This bill adds representatives of organizations that represent people with intellectual and other developmental disabilities to the commission on rehabilitation services and the Medicaid advisory committee. Removes language requiring the secretary of FSSA to commence rulemaking process for changes to the pharmacy dispensing fee and requires OMPP to adjust the dispensing fee following the survey of pharmacy providers. Removes the HIP $25 copayment requirement for subsequent use of an emergency room for nonemergency services. Makes numerous other provisions. 

This bill is awaiting the Governor's signature.

HB 1257 - State Use Program. This bill changes references of "person with a severe disability" to "individual with a disability" in the public purchasing laws and the laws concerning the committee for the purchase of products and services of individuals with a disability. Defines "individual with a disability." Amends the definition of a qualified agency. Provides that a government body's purchasing agent must determine if a product or service is within 10% of the fair market price. Makes other provisions. 

This bill has been signed by the Governor.

HB 1039 - 529 Plans. Provides the following for purposes of the state income tax credit for contributions to a college choice 529 education savings plan: (1) the term "qualified higher education expenses" has the meaning set forth in the internal revenue code as in effect on January 1, 2017; (2) a taxpayer is not entitled to the credit for monthly that is credited to an account and that will be sued to pay for expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school or that will be transferred to an ABLE Account.; (3) for purposes of determining the recapture of the credit, a withdrawal or distribution that is used to pay for expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school or that is a rollover distribution or transfer of assets or to an ABLE Account is a non qualified withdrawal. Urges the legislative council to assign to the interim study committee on fiscal policy certain study topics related to 529 Plans. Requires the Indiana education savings authority to report to the interim study committee on fiscal policy concerning the investment of assets under the education savings programs it administers, including information concerning the ways in which the investment of those assets benefits Indiana. With the new federal tax bill going into effect, there was a provision allowing for dollars in 529 plans to be rolled over to ABLE accounts. This is great news. In Indiana though we provide a tax credit for 529 contributions but do not yet allow for tax credits for ABLE account contributions thus leading to the language in the bill. The tax credit issue for ABLE accounts will be a part of the discussion this summer in summer study committee. 

The issues in this bill were a part of the bills that died in the last few minutes of the session.

HB 1317-Health Matters. Prohibits certain action by a state employee plan, health insurer, and health maintenance organization concerning pharmacy disclosure of pricing information and the amount payable upon receiving a prescription drug. Provides that the definition of "community and home care services" includes services, not covered under Medicaid, necessary to prevent individuals with intellectual or developmental disabilities from being institutionalized and to help such individuals to transition out of health care facilities or group homes. Requires FSSA to study service provider and systems point of entry reimbursement rates for recipients of early intervention services. Requires FSSA to study reimbursement rates and the methodology for case management services for recipients of certain Medicaid waivers. Makes numerous other provisions. 

This bill is on its way to the Governor to await his signature.

HB 1420 - Various Education Matters. This bill corrects a drafting error in the bill regarding commission members voting privileges as well as addresses the nominating process of parent representatives on the Commission. The bill addresses other issues not related to seclusion and restraint as well. 

This bill is on its way to the Governor's desk to await his signature.

HB 1421 - School Discipline. Provides that the Department of Education's model evidence based plan for improving student behavior and discipline must (1) reduce out-of-school suspension and disproportionality in discipline and expulsion; and (2) limit referrals to law enforcement or arrests on school property to cases in which referral to law enforcement or arrest is necessary to protect the health and safety of other students or school employees. Makes numerous other provisions. 

This bill is on its way to the Governor's desk to await his signature.

HB 1426 - Education Matters. Requires the state board of education to establish one Indiana diploma (currently we have 4) for individuals who successfully complete high school graduation requirements. Provides that each Indiana diploma must include one of the following designations: (1) general designation; (2) core 40 designation; (3) Core 40 with academic honors designation; (4) Core 40 with technical honors designation. Requires in adopting the Core 40 curriculum models that the state board shall consider math course requirements other than Algebra II. Provides that a student may receive a waiver from the postsecondary readiness competency requirements that are part of the graduation pathway requirements if a student meets certain conditions. Provides that a statewide assessment must use a scale score that will ensure the statewide assessment scores are comparable to scale scores as part of the ISTEP program. Makes numerous other provisions. The bill was amended on second reading to require the State Board of Education to develop an alternate diploma. A 1% cap was put on the number of students who could earn that alternate diploma. ESSA provided language for the alternate diploma to be discussed and it will allow those students with the most significant of disabilities to have access to a high school diploma. 

This bill is on its way to the Governor's desk to await his signature.

SB 217 - Dyslexia. Requires the following: (1) a school multidisciplinary team must include information about dyslexia in a student's educational evaluation if the multidisciplinary team determines that the student is eligible to receive special education and related services and has or has characteristics of dyslexia. (2) Information about dyslexia must be (a) discussed by the student's case conference committee if information about dyslexia is included in the student's educational evaluation; and (b) included in the student's IEP if the case conference committee determines that the information should be included. Requires school corporations to screen each student in kindergarten, first and second grade and certain other students. Makes numerous other provisions.

This bill is awaiting the Governor's signature.

SB 240 - Emotional Support Animals. Defines "emotional support animal". Specified who may use an emotional support animal, who may prescribe an emotional support animal, and when an individual may be prescribed an emotional support animal. Provides that an individual with a disability that is not readily apparent who submits a request for an emotional support animal that falsely suggests the individual has a disability that entitles the individual to the use of an emotional support animal in a dwelling commits a class A infraction. 

This bill is awaiting the Governor's signature.  

COMPLETE BILL MONITORING LIST

We will update our complete bill list next week and remove all dead bills. But for now, for a complete listing of all the bills The Arc of Indiana is monitoring please visit: The Arc of Indiana Bill Monitoring List