Indiana § 22-4-44-6 - Funding

Full text of Indiana Indiana Code § 22-4-44-6 — Funding, with citation guidance and answers to common questions.

§ 22-4-44-6. Funding

Sec. 6. (a) This section applies only if the department establishes the pilot program.

(b) The pilot program may not be funded from the unemployment trust fund.

(d) The fund shall be administered by the department.

(e) The expenses of administering the fund shall be paid from money in the fund.

(f) The fund consists of the following:

(1) Appropriations to the fund.

(2) Federal grant funds.

(3) Gifts or donations to the fund.

(g) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.200-2025, SEC.34.

IC 22-4.1ARTICLE 4.1. DEPARTMENT OF WORKFORCE DEVELOPMENT

Ch. 1.Definitions Ch. 2.Department of Workforce Development Ch. 3.Commissioner of the Department Ch. 4.Duties Ch. 5.Repealed Ch. 6.State Workforce Development Fund Ch. 7.Repealed Ch. 8.Repealed Ch. 9.Repealed Ch. 10.Repealed Ch. 11.Repealed Ch. 12.Repealed Ch. 13.Repealed Ch. 14.Repealed Ch. 15.Repealed Ch. 16.Repealed Ch. 17.Expired Ch. 18.Indiana High School Equivalency Diploma Program Ch. 19.Repealed Ch. 20.Adult Education Ch. 21.Postsecondary Proprietary Educational Institution Authorization Ch. 22.Repealed Ch. 22.5.General Provisions Concerning the Transfer of Responsibilities From the State Workforce Innovation Council to the Governor's Workforce Cabinet Ch. 23.Employment Referral Service Ch. 24.Workforce Related Programs Ch. 25.Work Ethic Certificate Program Ch. 26.Next Level Jobs Employer Training Grant Program Ch. 27.Workforce Diploma Reimbursement Program Ch. 28.Expired

IC 22-4.1-1Chapter 1. Definitions

22-4.1-1-1Applicability of definitions 22-4.1-1-1.5Repealed 22-4.1-1-2"Commissioner" 22-4.1-1-2.5Repealed 22-4.1-1-3"Department" 22-4.1-1-3.5"Employment social enterprise" 22-4.1-1-4"Fund" 22-4.1-1-5"One stop center" 22-4.1-1-5.5"State provider" 22-4.1-1-6"WIOA" 22-4.1-1-6.5"Workforce focused agency" 22-4.1-1-7"Workforce related program"

IC 22-4.1-1-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.105-1994, SEC.5.

IC 22-4.1-1-1.5RepealedAs added by P.L.152-2018, SEC.20. Repealed by P.L.213-2025, SEC.274.

IC 22-4.1-1-2"Commissioner" Sec. 2. "Commissioner" refers to the commissioner of the department of workforce development appointed under IC 22-4.1-3-1.

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.136.

IC 22-4.1-1-2.5RepealedAs added by P.L.7-2011, SEC.19. Amended by P.L.69-2015, SEC.27. Repealed by P.L.152-2018, SEC.21.

IC 22-4.1-1-3"Department" Sec. 3. "Department" refers to the department of workforce development established under IC 22-4.1-2.

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.137.

IC 22-4.1-1-3.5"Employment social enterprise" Sec. 3.5. "Employment social enterprise" means a nonprofit or for-profit organization that:

(1) provides:

(A) transitional employment; and

(B) social support, including on-the-job and life skills training;

to individuals with a barrier to employment, as defined in Section 3(24) of WIOA (29 U.S.C. 3102(24));

(2) uses evidence based practices and data driven policies to inform decision making, implement procedures, and measure outcomes; and

(3) does one (1) or more of the following:

(A) Provides services.

(B) Produces goods.

As added by P.L.7-2025, SEC.1.

IC 22-4.1-1-4"Fund" Sec. 4. "Fund", except as provided in IC 22-4.1-21-7, refers to the state workforce development fund established under IC 22-4.1-6-1.

As added by P.L.235-1999, SEC.14. Amended by P.L.107-2012, SEC.60.

IC 22-4.1-1-5"One stop center" Sec. 5. "One stop center" means a physical location that provides access to all one stop services required by WIOA.

As added by P.L.69-2015, SEC.28.

IC 22-4.1-1-5.5"State provider" Sec. 5.5. "State provider" means any of the following:

(1) A state agency (as defined by IC 4-13-1-1(b)).

(2) A state educational institution eligible for funding under IC 21-12-8-9.

(3) A school corporation (as defined by IC 20-18-2-16(a)), including a charter school (as defined by IC 20-24-1-4).

(4) A body corporate and politic created by statute.

As added by P.L.230-2017, SEC.35.

IC 22-4.1-1-6"WIOA" Sec. 6. "WIOA" refers to the federal Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.), including reauthorizations of WIOA.

As added by P.L.69-2015, SEC.29. Amended by P.L.149-2016, SEC.61.

IC 22-4.1-1-6.5"Workforce focused agency" Sec. 6.5. "Workforce focused agency" means the following:

(1) The department.

(2) The department of education established by IC 20-19-3-1.

(3) The commission for higher education established by IC 21-18-2-1.

(4) The office of the secretary of family and social services established by IC 12-8-1.5-1.

(5) The state workforce development board.

As added by P.L.106-2024, SEC.7. Amended by P.L.213-2025, SEC.275; P.L.100-2026, SEC.10.

IC 22-4.1-1-7"Workforce related program" Sec. 7. (a) Except as provided in subsection (b), "workforce related program" means:

(1) a program operated, delivered, or enabled, in whole or in part, by a state provider using public funds to offer incentives, funding, support, or guidance for any of the following purposes:

(A) Job training.

(B) The attainment of an industry recognized certification or credential.

(D) The provision of other types of employment assistance.

(E) The promotion of Indiana to workers or the provision of assistance to a worker relocating to Indiana for employment.

(F) Any other program that:

(i) has, at least in part, the goal of securing employment or better employment for an individual; and

(ii) receives funding through WIOA or a state appropriation; or

(2) a work based learning program or transitional jobs program that is:

(A) through an employment social enterprise; and

(B) operated, delivered, or enabled, in whole or in part, by a state provider using public funds.

(b) For purposes of IC 22-4.1-24-3, "workforce related program" means a program offering incentives, funding, support, or guidance for any of the following purposes:

(1) Job training.

(2) The attainment of an industry recognized certification or credential.

(3) The attainment of a postsecondary degree, certificate, or credential.

(4) The provision of other types of employment assistance.

(5) The promotion of Indiana to workers or the provision of assistance to a worker relocating to Indiana for employment.

(6) Any other program that has, at least in part, the goal of securing employment or better employment for an individual.

The term includes an apprenticeship program unless the apprenticeship program receives funding under IC 22-4-25-1(c).

As added by P.L.230-2017, SEC.36. Amended by P.L.106-2024, SEC.8; P.L.7-2025, SEC.2; P.L.100-2026, SEC.11.

IC 22-4.1-2Chapter 2. Department of Workforce Development

22-4.1-2-1Establishment of department 22-4.1-2-2Composition of department 22-4.1-2-3Cooperation for workforce development activities

IC 22-4.1-2-1Establishment of department Sec. 1. The department of workforce development is established. Notwithstanding any other law, the department is the sole agency to plan, coordinate, implement, monitor, and make recommendations regarding initiatives designed to prepare Indiana's workforce for effective participation in the competitive and global economy.

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.138.

IC 22-4.1-2-2Composition of department Sec. 2. The department includes the unemployment insurance review board.

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.139; P.L.1-2005, SEC.186; P.L.140-2007, SEC.6; P.L.234-2007, SEC.144; P.L.3-2008, SEC.161; P.L.7-2011, SEC.20; P.L.69-2015, SEC.30; P.L.171-2016, SEC.50; P.L.152-2018, SEC.22.

IC 22-4.1-2-3Cooperation for workforce development activities Sec. 3. The unemployment insurance review board described in section 2 of this chapter shall cooperate to facilitate the coordination, consolidation, and promotion of workforce development activities statewide.

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.140; P.L.11-2023, SEC.76.

IC 22-4.1-3Chapter 3. Commissioner of the Department

22-4.1-3-1Appointment; compensation 22-4.1-3-2Staff 22-4.1-3-3Adoption of rules 22-4.1-3-4Appropriation of additional funds

IC 22-4.1-3-1Appointment; compensation Sec. 1. (a) The governor shall appoint a commissioner of the department. The commissioner serves at the pleasure of the governor as the chief administrative officer of the department.

(b) The governor shall fix the commissioner's salary.

As added by P.L.105-1994, SEC.5.

IC 22-4.1-3-2Staff Sec. 2. The commissioner may do the following:

(1) Employ staff necessary to perform the duties of the department imposed by this article.

(2) Fix the compensation and terms of staff employment, subject to the approval of the budget agency.

As added by P.L.105-1994, SEC.5.

IC 22-4.1-3-3Adoption of rules Sec. 3. The commissioner shall adopt rules under IC 4-22-2 necessary to implement this article.

As added by P.L.105-1994, SEC.5.

IC 22-4.1-3-4Appropriation of additional funds Sec. 4. Funds necessary to support the operating costs of the department of workforce development beyond those approved and appropriated by the United States Congress or approved by federal agencies for the operation of the department and specifically authorized by other provisions of IC 22-4:

(1) must be specifically appropriated from the state general fund for this purpose; and

(2) may not be derived from other state or federal funds directed for unemployment insurance programs under IC 22-4, including funds under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), any other grants or funds that are passed through for job training programs, the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301 et seq.), and any other grant or funds for career and technical education.

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.141; P.L.161-2006, SEC.18; P.L.234-2007, SEC.145.

IC 22-4.1-4Chapter 4. Duties

22-4.1-4-1Duties transferred from repealed workforce development initiatives 22-4.1-4-1.5Powers and duties 22-4.1-4-2Repealed 22-4.1-4-3Training program priority for National Guard members and spouses 22-4.1-4-3.3Employment and training programs priority for veterans 22-4.1-4-4Repealed 22-4.1-4-5Repealed 22-4.1-4-6Expired 22-4.1-4-7Information sharing; business formation 22-4.1-4-8Repealed 22-4.1-4-9Expired 22-4.1-4-10Expired 22-4.1-4-11Expired 22-4.1-4-12Expired 22-4.1-4-13Measurement of employment rates and median salaries of credential or degree completers and current or previous students 22-4.1-4-14Reporting requirement; work based learning course; employment 22-4.1-4-14.2Replacing occupational value methodology 22-4.1-4-15Report to budget committee 22-4.1-4-16Eligible workforce training programs

IC 22-4.1-4-1Duties transferred from repealed workforce development initiatives Sec. 1. The department may undertake duties identified by the commissioner as related to workforce development initiatives that were required of or authorized to be undertaken before July 1, 1994, by:

(1) the department of employment and training services (repealed);

(2) the office of workforce literacy established by IC 22-4.1-10-1 (repealed); or

(3) the Indiana commission for career and technical education established by IC 22-4.1-13-6 (repealed).

As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.142; P.L.1-2005, SEC.187; P.L.140-2007, SEC.7; P.L.234-2007, SEC.146; P.L.3-2008, SEC.162; P.L.69-2015, SEC.31.

IC 22-4.1-4-1.5Powers and duties Sec. 1.5. (a) The department shall do the following:

(1) Administer the Wagner-Peyser program, the WIOA, a free public labor exchange, and related federal and state employment and training programs as directed by the governor.

(2) Formulate and implement an employment and training plan as required by the WIOA, and the Wagner-Peyser Act (29 U.S.C. 49 et seq.).

(3) Coordinate activities with all state agencies and departments that either provide employment and training related services or operate appropriate resources or facilities, to maximize Indiana's efforts to provide employment opportunities for economically disadvantaged individuals, dislocated workers, and others with substantial barriers to employment.

(4) Apply for, receive, disburse, allocate, and account for all funds, grants, gifts, and contributions of money, property, labor, and other things of value from public and private sources, including grants from agencies and instrumentalities of the state and the federal government.

(5) Enter into agreements with the United States government that may be required as a condition of obtaining federal funds related to activities of the department.

(6) Enter into contracts or agreements and cooperate with local governmental units or corporations, including profit or nonprofit corporations, or combinations of units and corporations to carry out the duties of the department imposed by this chapter, including contracts for the establishment and administration of employment and training offices and the delegation of the department's administrative, monitoring, and program responsibilities and duties set forth in this article.

(7) Perform other services and activities that are specified in contracts for payments or reimbursement of the costs made with the Secretary of Labor, any federal, state, or local public agency or administrative entity, or a private for-profit or nonprofit organization under the WIOA.

(8) Enter into contracts or agreements and cooperate with entities that provide career and technical education to carry out the duties imposed by this article.

(9) Serve as the state advisory body required under the federal Workforce Innovation and Opportunity Act of 2014 under 29 U.S.C. 3101 et seq., including reauthorizations of WIOA.

(b) The department shall distribute federal funds made available for employment training in accordance with:

(1) the WIOA, and other applicable federal laws; and

(2) the plan prepared under subsection (c)(1).

(1) Implement the postsecondary career and technical education programming plan prepared under IC 22-4.1-19-4 (before its repeal).

(2) Upon request of the budget director, prepare a legislative budget request for state and federal funds for employment training. The budget director shall determine the period to be covered by the budget request.

(3) Make or cause to be made studies of the needs for various types of programs that are related to employment training and authorized under the WIOA.

(4) Distribute state funds made available for employment training that have been appropriated by the general assembly in accordance with the general assembly appropriation.

(5) Collect from each employer subject to IC 22-4 the following information in the form and manner prescribed by the department:

(A) The Standard Occupational Classification code applicable to each employee as prescribed by the Bureau of Labor Statistics of the United States Department of Labor or primary job title as recorded and reported by the employer.

(B) Whether each employee is:

(i) classified by the employer as full-time, part-time, intern, or apprentice; or

(ii) designated as a seasonal worker pursuant to a decision issued by the department.

(6) Enter into data sharing agreements and transmit the data collected under subdivision (5), in addition to any other relevant data, to agencies deemed appropriate by the department for:

(A) assessing outcomes of education and workforce programs;

(B) evaluating educational and workforce training investments;

(D) conducting economic research.

(7) Minimize employer reporting burdens, where feasible, through:

(A) aligning and streamlining definitions and requirements for quarterly wage and employment reports;

(B) deploying user friendly application programming interfaces; and

(8) Establish an employer outreach and communications campaign in collaboration with statewide business and industry associations to increase the number of employers that report accurate data under subdivision (5).

As added by P.L.69-2015, SEC.32. Amended by P.L.152-2018, SEC.23; P.L.138-2025, SEC.10; P.L.213-2025, SEC.276.

IC 22-4.1-4-2RepealedAs added by P.L.257-1997(ss), SEC.35. Amended by P.L.290-2001, SEC.34; P.L.131-2009, SEC.4; P.L.154-2013, SEC.8. Repealed by P.L.69-2015, SEC.33.

IC 22-4.1-4-3Training program priority for National Guard members and spouses Sec. 3. (a) As used in this section, "active duty" means full-time service in the National Guard for more than thirty (30) consecutive days in a calendar year.

(b) As used in this section, "National Guard" means:

(1) the Indiana Army National Guard; or

(2) the Indiana Air National Guard.

(1) is a resident of Indiana; and

(2) serves on active duty.

(d) Unless otherwise provided by federal law, the department shall give a member of the National Guard or the spouse of a member of the National Guard priority for placement in any federal or state employment or training program administered by the department if the member or the member's spouse:

(1) submits documentation satisfactory to the department establishing the dates of the member's active service; and

(2) meets the eligibility requirements for the program.

As added by P.L.11-2007, SEC.1. Amended by P.L.109-2017, SEC.1; P.L.230-2017, SEC.37.

IC 22-4.1-4-3.3Employment and training programs priority for veterans Sec. 3.3. (a) As used in this section, "veteran" means:

(1) a Hoosier veteran (as defined in IC 1-1-4-5(b)); or

(2) an individual who satisfies the following:

(A) The individual is a resident of Indiana.

(B) The individual has previously served in any branch of the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard.

(C) The individual received a discharge from service under conditions other than conditions set forth in IC 10-17-12-8.1(2).

(b) Unless otherwise provided by federal law, the department shall give a veteran or the spouse of a veteran priority for placement in any federal or state employment or training program administered by the department if the veteran or the veteran's spouse:

(1) submits documentation satisfactory to the department establishing the veteran's honorable discharge from service; and

(2) meets the eligibility requirements for the program.

As added by P.L.109-2017, SEC.2 and as added by P.L.230-2017, SEC.38. Amended by P.L.238-2025, SEC.61; P.L.94-2026, SEC.72.

IC 22-4.1-4-4RepealedAs added by P.L.164-2009, SEC.4. Repealed by P.L.69-2015, SEC.34.

IC 22-4.1-4-5RepealedAs added by P.L.172-2011, SEC.129. Repealed by P.L.69-2015, SEC.35.

IC 22-4.1-4-6ExpiredAs added by P.L.46-2014, SEC.6. Amended by P.L.69-2015, SEC.36. Expired 7-1-2015 by P.L.69-2015, SEC.36.

IC 22-4.1-4-7Information sharing; business formation Sec. 7. The department shall, in coordination with the secretary of state, use the website established under IC 4-5-10 to share information with other state agencies and to provide a single point of contact for any person to accomplish the following:

(1) Completing and submitting an application for a license, registration, or permit that is issued by the department and that is required for the applicant to transact business in the state.

(2) Filing with the department documents that are required for the filer to transact business in the state.

(3) Remitting payments for any fee that must be paid to the department for a payer to transact business in the state, including application fees, filing fees, license fees, permit fees, and registration fees.

As added by P.L.146-2014, SEC.3. Amended by P.L.23-2026, SEC.229.

IC 22-4.1-4-8RepealedAs added by P.L.69-2015, SEC.37. Amended by P.L.171-2016, SEC.51. Repealed by P.L.130-2018, SEC.93.

IC 22-4.1-4-9ExpiredAs added by P.L.69-2015, SEC.38. Amended by P.L.141-2016, SEC.13; P.L.230-2017, SEC.39. Expired 6-30-2018 by P.L.230-2017, SEC.39.

IC 22-4.1-4-10ExpiredAs added by P.L.141-2016, SEC.14. Amended by P.L.217-2017, SEC.152. Expired 7-1-2020 by P.L.217-2017, SEC.152.

IC 22-4.1-4-11ExpiredAs added by P.L.141-2016, SEC.15. Expired 7-1-2020 by P.L.141-2016, SEC.15.

IC 22-4.1-4-12ExpiredAs added by P.L.141-2016, SEC.16. Expired 7-1-2020 by P.L.141-2016, SEC.16.

IC 22-4.1-4-13Measurement of employment rates and median salaries of credential or degree completers and current or previous students Sec. 13. (a) Not later than July 1, 2016, the department, in consultation with the commission for higher education, the department of state revenue, and the Ivy Tech Community College board of trustees, shall develop a procedure for measuring the following for credential or degree completers and separately for current or previously enrolled students of Ivy Tech Community College:

(1) The percentage of credential or degree completers or students employed within one (1) year of graduation or separation.

(2) The median, minimum, and maximum starting salary of graduates or students within one (1) year of completion or separation.

(3) The median, minimum, and maximum starting salary of graduates or students within five (5) years of completion or separation.

(b) The information described in subsection (a) shall be measured separately for each academic program offered within an Ivy Tech Community College region, including associate degrees, certificates, and other established programs granting workforce credentials.

(d) Not later than October 1 of 2016 and every year thereafter, the department shall provide to Ivy Tech Community College any data necessary for the calculation of the measurements described in subsection (a).

(e) Not later than October 1 of 2016 and every year thereafter, the department shall provide to the commission for higher education any data necessary for the commission to establish and calculate a labor market outcomes metric for inclusion in the postsecondary performance funding formula.

(f) The providing of data under this section is not a violation of the confidentiality provisions of IC 22-4-19-6(b).

As added by P.L.141-2016, SEC.17.

IC 22-4.1-4-14Reporting requirement; work based learning course; employment Sec. 14. Not later than January 1, 2024, the department shall prescribe the form and manner in which an employer is required to report the employment of a student enrolled in a work based learning course under IC 20-37-3-3.

As added by P.L.250-2023, SEC.43.

IC 22-4.1-4-14.2Replacing occupational value methodology Sec. 14.2. (a) In a manner consistent with federal law, before January 1, 2025, the department shall replace its IN Demand Ranking Methodology with a new occupational value methodology.

(b) This section expires July 1, 2026.

As added by P.L.157-2023, SEC.2.

IC 22-4.1-4-15Report to budget committee Sec. 15. Not later than December 1, 2025, and not later than December 1 of each calendar year thereafter, the department shall prepare and submit a report to the budget committee concerning the status of the department's unemployment insurance program, including the balance and status of the unemployment trust fund.

As added by P.L.200-2025, SEC.35.

IC 22-4.1-4-16Eligible workforce training programs Sec. 16. (a) As used in this section, "high skill, high wage, or in demand industry sectors or occupations" means sectors or occupations identified by the state pursuant to the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and applicable state and local workforce development processes.

(b) The governor and the department, in consultation with the commission for higher education (established by IC 21-18-2-1) shall do the following:

(1) Establish a process to identify eligible workforce training programs that prepare students for high skill, high wage, or in demand industry sectors or occupations for workforce Pell grants.

(2) Establish a process for institutions and programs to:

(A) apply for recognition as an eligible workforce training program;

(B) be approved for workforce Pell grants; and

(3) Coordinate certification and oversight of eligible workforce training programs with:

(A) workforce focused agencies;

(B) workforce related programs; and

(4) Require eligible workforce training programs to provide data required under applicable federal workforce Pell grant regulations, including:

(A) program completion rates;

(B) job placement rates; and

(c) The department shall ensure that the implementation of this section does not impose requirements more restrictive than, or inconsistent with, any applicable federal rules governing the workforce Pell grant program.

As added by P.L.159-2026, SEC.30.

IC 22-4.1-5Chapter 5. RepealedRepealed by P.L.69-2015, SEC.39.

IC 22-4.1-6Chapter 6. State Workforce Development Fund

22-4.1-6-1Establishment of fund; administration of programs; reversion of money 22-4.1-6-2Purposes of fund

IC 22-4.1-6-1Establishment of fund; administration of programs; reversion of money Sec. 1. (a) The state workforce development fund is established to receive and disburse workforce development funds under this chapter. The department shall administer the fund.

(b) Money appropriated for the programs described in section 2 of this chapter may be used for the costs of administering those programs.

(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains available to the department for expenditure consistent with this chapter.

As added by P.L.235-1999, SEC.15.

IC 22-4.1-6-2Purposes of fund Sec. 2. Money in the fund may be used for the following purposes at the discretion of the department, based upon the priorities necessary to achieve the department's goals:

(1) To build the capacity and strengthen the quality of services of programs offering basic skills services and having a substantial volunteer component, including staff and volunteer development, outreach, equipment, software, training materials, and community linkages.

(2) For workforce development programs providing essential and basic education skills training to raise skills and productivity in the workplace.

(3) For technical assistance to providers of workplace development and basic education to enhance the providers' capacity to link with employers and document productivity gains resulting from training.

(4) To establish a common data base, reporting system, and evaluation system related to workforce development and other incumbent worker programs, and to develop performance standards.

(5) To provide training for dislocated workers.

(6) To provide training for workers who are at risk of becoming dislocated workers because of a lack of skills.

(7) To provide comprehensive job training and related services for economically disadvantaged, unemployed, and underemployed individuals, including recruitment, counseling, remedial education, career and technical training, job development, job placement, and other appropriate services to enable each individual to secure and retain employment at the individual's maximum capacity.

(8) To attract federal funds in order to increase the resources available to carry out the purposes of this section.

As added by P.L.235-1999, SEC.15. Amended by P.L.234-2007, SEC.147; P.L.69-2015, SEC.40.

IC 22-4.1-7Chapter 7. RepealedRepealed by P.L.69-2015, SEC.41.

IC 22-4.1-8Chapter 8. RepealedRepealed by P.L.69-2015, SEC.42.

IC 22-4.1-9Chapter 9. RepealedRepealed by P.L.69-2015, SEC.43.

IC 22-4.1-10Chapter 10. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-10-1formerly 20-11-6-622-4.1-10-2formerly 20-11-6-6.]Repealed by P.L.69-2015, SEC.44.

IC 22-4.1-11Chapter 11. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-11-1formerly 20-11-4-222-4.1-11-2formerly 20-11-4-322-4.1-11-3formerly 20-11-4-422-4.1-11-4formerly 20-11-4-522-4.1-11-5formerly 20-11-4-6.]Repealed by P.L.69-2015, SEC.45.

IC 22-4.1-12Chapter 12. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-12-1formerly 20-11-5-222-4.1-12-2formerly 20-11-5-322-4.1-12-3formerly 20-11-5-422-4.1-12-4formerly 20-11-5-522-4.1-12-5formerly 20-11-5-622-4.1-12-6formerly 20-11-5-722-4.1-12-7formerly 20-11-5-8.]Repealed by P.L.69-2015, SEC.46.

IC 22-4.1-13Chapter 13. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-13-1formerly 20-1-18.3-122-4.1-13-2formerly 20-1-18.3-222-4.1-13-3formerly 20-1-18.3-322-4.1-13-4formerly 20-1-18.3-422-4.1-13-5formerly 20-1-18.3-522-4.1-13-6formerly 20-1-18.3-622-4.1-13-7formerly 20-1-18.3-722-4.1-13-8formerly 20-1-18.3-822-4.1-13-9formerly 20-1-18.3-1022-4.1-13-10formerly 20-1-18.3-1122-4.1-13-11formerly 20-1-18.3-1222-4.1-13-12formerly 20-1-18.3-12.122-4.1-13-13formerly 20-1-18.3-1322-4.1-13-14formerly 20-1-18.3-1422-4.1-13-15formerly 20-1-18.3-1522-4.1-13-16formerly 20-1-18.3-1622-4.1-13-17formerly 20-1-18.3-1722-4.1-13-18formerly 20-1-18.3-18.]Repealed by P.L.7-2011, SEC.26.

IC 22-4.1-14Chapter 14. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-14-1formerly 20-1-18.5-122-4.1-14-2formerly 20-1-18.5-222-4.1-14-3formerly 20-1-18.5-322-4.1-14-4formerly 20-1-18.5-422-4.1-14-5formerly 20-1-18.5-522-4.1-14-6formerly 20-1-18.5-622-4.1-14-7formerly 20-1-18.5-7.]Repealed by P.L.69-2015, SEC.47.

IC 22-4.1-15Chapter 15. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-15-1formerly 20-1-18.6-122-4.1-15-2formerly 20-1-18.6-222-4.1-15-3formerly 20-1-18.6-322-4.1-15-4formerly 20-1-18.6-422-4.1-15-5formerly 20-1-18.6-5.]Repealed by P.L.133-2012, SEC.195.

IC 22-4.1-16Chapter 16. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

22-4.1-16-1formerly 20-1-20-122-4.1-16-2formerly 20-1-20-222-4.1-16-3formerly 20-1-20-322-4.1-16-4formerly 20-1-20-422-4.1-16-5formerly 20-1-20-522-4.1-16-6formerly 20-1-20-622-4.1-16-7formerly 20-1-20-722-4.1-16-8formerly 20-1-20-822-4.1-16-9formerly 20-1-20-922-4.1-16-10formerly 20-1-20-1022-4.1-16-11formerly 20-1-20-1122-4.1-16-12formerly 20-1-20-12.]Repealed by P.L.140-2007, SEC.9.

IC 22-4.1-17Chapter 17. ExpiredExpired 12-31-2013 by P.L.110-2010, SEC.34.

IC 22-4.1-18Chapter 18. Indiana High School Equivalency Diploma Program

22-4.1-18-1Applicability of chapter 22-4.1-18-2Grant of certain diplomas 22-4.1-18-3Administration of testing program; test requirements; vendor requirements; report 22-4.1-18-4Rules 22-4.1-18-5High school equivalency certificate and GED diplomas equivalent

IC 22-4.1-18-1Applicability of chapter Sec. 1. This chapter applies to an individual who is:

(1) at least eighteen (18) years of age; or

(2) less than eighteen (18) years of age and meets the following requirements:

(A) The individual has completed:

(i) the Indiana career explorer program; and

(ii) an assessment approved by the department that measures Indiana high school equivalency test readiness.

(B) The individual has received a written recommendation from at least one (1) of the following, as applicable:

(i) The individual's parent if the individual attends a nonaccredited nonpublic school that has less than one (1) employee.

(ii) The superintendent (as defined in IC 20-18-2-21), principal, or head of the school the individual attends, or the appropriate designee, if the individual attends a school that employs more than one (1) employee.

(iii) A judge (as defined in IC 31-9-2.1-141).

As added by P.L.7-2011, SEC.21. Amended by P.L.228-2017, SEC.8; P.L.150-2024, SEC.79; P.L.27-2026, SEC.4; P.L.145-2026, SEC.133.

IC 22-4.1-18-2Grant of certain diplomas Sec. 2. The department may grant the following:

(1) An Indiana high school equivalency diploma to an individual who achieves satisfactory high school level scores on the Indiana high school equivalency test or any other properly validated test of comparable difficulty designated by the department.

(2) An Indiana competency based high school diploma or equivalency diploma to an individual who:

(A) demonstrates high school level skills through validated competency based assessments designated by the department; and

(B) obtains an industry recognized certificate.

As added by P.L.7-2011, SEC.21. Amended by P.L.6-2012, SEC.156; P.L.121-2014, SEC.18; P.L.152-2018, SEC.24; P.L.157-2023, SEC.3; P.L.213-2025, SEC.277; P.L.23-2026, SEC.230.

IC 22-4.1-18-3Administration of testing program; test requirements; vendor requirements; report Sec. 3. (a) The department shall administer the testing program provided in this chapter. All administrative costs of this program must be funded through appropriations of the general assembly.

(b) The test shall be:

(1) a nationally administered high school equivalency exam utilizing college and career readiness standards that includes subtests of reading, mathematics, science, social studies, and writing; and

(2) available in a pencil and paper and online formats.

(1) annual in-person and online training;

(2) an annual national and Indiana statistical report;

(3) a dedicated customer service line;

(4) at least one (1) practice test available in both pencil and paper and online formats;

(5) at least two (2) retests for each subtest, free of charge; and

(6) a nationally based research report on the long term outcomes for candidates who passed the test, which shall be presented to the department, the chairman of the house committee on education, and the chairman of the senate committee on education and career development.

As added by P.L.7-2011, SEC.21. Amended by P.L.86-2020, SEC.8; P.L.213-2025, SEC.278.

IC 22-4.1-18-4Rules Sec. 4. (a) The department shall adopt rules under IC 4-22-2 to provide for the implementation and administration of this chapter.

(b) The rules may include the following provisions:

(1) Qualifications of applicants.

(2) Acceptable tests.

(3) Acceptable test scores.

(4) Criteria for retesting.

As added by P.L.7-2011, SEC.21. Amended by P.L.121-2014, SEC.19.

IC 22-4.1-18-5High school equivalency certificate and GED diplomas equivalent Sec. 5. A high school equivalency certificate or a general educational development (GED) diploma issued under IC 20-20-6 (before its repeal) is equivalent to an Indiana high school equivalency diploma issued under this chapter.

As added by P.L.7-2011, SEC.21. Amended by P.L.121-2014, SEC.20.

IC 22-4.1-19Chapter 19. RepealedRepealed by P.L.213-2025, SEC.279.

IC 22-4.1-20Chapter 20. Adult Education

22-4.1-20-0.5"Adult education and literacy activities" 22-4.1-20-1"Eligible provider" 22-4.1-20-1.5Repealed 22-4.1-20-2Adult education; state distribution formula 22-4.1-20-3Conduct of adult education program by eligible provider 22-4.1-20-4Use of appropriated money; adult education grant 22-4.1-20-5Services to students with disabilities 22-4.1-20-6Pathway to high school diploma

IC 22-4.1-20-0.5"Adult education and literacy activities" Sec. 0.5. (a) As used in this chapter, "adult education and literacy activities" means instructional programs, learning activities, and services provided to an individual who is:

(1) at least sixteen (16) years of age;

(2) not:

(A) enrolled; or

(B) required by state law to be enrolled;

in high school; and

(3) deficient in basic skills.

(b) Subsection (a)(3) includes an individual who:

(1) does not have a:

(A) high school diploma; or

(B) high school equivalency diploma;

(2) has not attained a level of education equivalent to a level of education described in subdivision (1); or

(3) is an English language learner.

(c) For purposes of subsection (a), "instructional programs, learning activities, and services" includes one (1) or more of the following:

(1) Adult education.

(2) Literacy.

(3) Workplace adult education and literacy activities.

(4) Family literacy activities.

(5) Digital and computer literacy.

(6) English language acquisition activities.

(7) Integrated English literacy and civics education.

(8) Workforce preparation activities.

(9) Integrated education and training.

As added by P.L.157-2023, SEC.4.

IC 22-4.1-20-1"Eligible provider" Sec. 1. As used in this chapter, "eligible provider" has the meaning set forth in 29 U.S.C. 3272.

As added by P.L.7-2011, SEC.23. Amended by P.L.174-2018, SEC.37.

IC 22-4.1-20-1.5RepealedAs added by P.L.174-2018, SEC.38. Repealed by P.L.157-2023, SEC.5.

IC 22-4.1-20-2Adult education; state distribution formula Sec. 2. (a) The governor may prescribe a program of adult education.

(b) The department, in consultation with the governor, may adopt rules under IC 4-22-2 to provide for this program and to provide for the state distribution formula for money appropriated by the general assembly for adult education.

As added by P.L.7-2011, SEC.23. Amended by P.L.152-2018, SEC.31; P.L.213-2025, SEC.280.

IC 22-4.1-20-3Conduct of adult education program by eligible provider Sec. 3. An eligible provider may conduct a program of adult education with the approval of the department.

As added by P.L.7-2011, SEC.23.

IC 22-4.1-20-4Use of appropriated money; adult education grant Sec. 4. (a) Not less than twenty-five percent (25%) of the money appropriated by the general assembly for adult education and literacy activities shall be used for the services described in section 0.5(c)(8) through 0.5(c)(9) of this chapter.

(b) Not more than twenty-five thousand dollars ($25,000) of the money appropriated by the general assembly for adult education and literacy activities shall be used for adult education grants to employers as provided under subsection (c).

(c) An employer is eligible for an adult education grant for each eligible employee who obtains a high school diploma or a high school equivalency diploma. The amount of the grant is one thousand dollars ($1,000).

(d) To qualify as an eligible employee under subsection (c), an individual must meet all of the following criteria:

(1) The individual must be at least eighteen (18) years of age and not enrolled in a school corporation's kindergarten through grade 12 educational program.

(2) The individual must:

(A) be employed by an eligible employer on a part-time or full-time basis in Indiana; and

(B) have been paid wages by the eligible employer for time spent receiving instruction in adult education and literacy activities.

(3) When initially employed by the employer, the individual:

(A) did not have sufficient high school credits to earn a high school diploma; or

(B) had not passed the examination to earn a high school equivalency diploma or a general educational development (GED) diploma.

As added by P.L.7-2011, SEC.23. Amended by P.L.121-2014, SEC.21; P.L.152-2018, SEC.32; P.L.174-2018, SEC.39; P.L.10-2019, SEC.98; P.L.143-2019, SEC.34; P.L.157-2023, SEC.6.

IC 22-4.1-20-5Services to students with disabilities Sec. 5. An eligible provider shall provide a student with a disability (as defined in IC 20-35-1-8):

(1) who is at least eighteen (18) years of age; and

(2) whom the eligible provider elects to educate;

with an appropriate special educational program.

As added by P.L.7-2011, SEC.23. Amended by P.L.233-2015, SEC.322.

IC 22-4.1-20-6Pathway to high school diploma Sec. 6. The program provided under this chapter may include a pathway to obtain a high school diploma.

As added by P.L.7-2011, SEC.23.

IC 22-4.1-21Chapter 21. Postsecondary Proprietary Educational Institution Authorization

22-4.1-21-1Definitions 22-4.1-21-2"Authorization" 22-4.1-21-3"Agent" 22-4.1-21-4"Agent's permit" 22-4.1-21-5"Application" 22-4.1-21-6"Course" 22-4.1-21-7"Fund" 22-4.1-21-8"Person" 22-4.1-21-9"Postsecondary proprietary educational institution" 22-4.1-21-9"Postsecondary proprietary educational institution" 22-4.1-21-10Establishment of office for career and technical school; administration 22-4.1-21-11Purpose 22-4.1-21-12Doing business without authorization; notice; civil penalty 22-4.1-21-13Applications; fee 22-4.1-21-14Applications; contents 22-4.1-21-15Application; bond 22-4.1-21-16Bond amount; determination; contributions to fund 22-4.1-21-17Curriculum catalog and promotional brochure; contents 22-4.1-21-18Student assurance fund; administration 22-4.1-21-19Quarterly contributions to fund; determination; bond 22-4.1-21-20Investigation 22-4.1-21-21Inspection fee 22-4.1-21-22Student records; contents; submit records to department 22-4.1-21-23Authorization standards 22-4.1-21-24Issuance of authorization; renewal 22-4.1-21-25Revocation 22-4.1-21-26Hearing; filing objection to order; commissioner ultimate authority 22-4.1-21-27Suspension 22-4.1-21-28Representations 22-4.1-21-29Agent's permit; liability of institution 22-4.1-21-30Temporary permit; revocation of permit 22-4.1-21-31Remedy; damages or other relief 22-4.1-21-32Remedy; void contracts 22-4.1-21-33Misrepresentation 22-4.1-21-34Claims by students for loss or damage; investigation; limitations; claim against balance of fund 22-4.1-21-35Claims against balance of fund for reimbursement of tuition and fees; determination; priorities 22-4.1-21-36Relief; injunction 22-4.1-21-37Review 22-4.1-21-38Violations 22-4.1-21-39Establishment of proprietary educational institution authorization fund; collection of fees and civil penalties

IC 22-4.1-21-1Definitions Sec. 1. IC 21-18.5-1-3, IC 21-18.5-1-4, and IC 21-18.5-1-5 apply to this chapter.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-2"Authorization" Sec. 2. As used in this chapter, "authorization" means a formal determination by the department that a:

(1) noncredit bearing; and

(2) nondegree granting;

postsecondary proprietary educational institution may offer courses or training in Indiana.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.4; P.L.157-2023, SEC.7.

IC 22-4.1-21-3"Agent" Sec. 3. As used in this chapter, "agent" means a person who:

(1) enrolls or seeks to enroll a resident of Indiana through:

(A) personal contact;

(B) telephone;

(D) letter; or

(E) publications;

in a course offered by a postsecondary proprietary educational institution; or

(2) otherwise holds the person out to the residents of Indiana as representing a postsecondary proprietary educational institution.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-4"Agent's permit" Sec. 4. As used in this chapter, "agent's permit" means a nontransferable written authorization issued to a person by the department to solicit a resident of Indiana to enroll in a course offered or maintained by a postsecondary proprietary educational institution.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.5.

IC 22-4.1-21-5"Application" Sec. 5. As used in this chapter, "application" means a written request for authorization or an agent's permit on forms supplied by the department.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.6; P.L.157-2023, SEC.8.

IC 22-4.1-21-6"Course" Sec. 6. As used in this chapter, "course" means a plan or program of instruction or training, whether conducted in person, by mail, or by any other method.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-7"Fund" Sec. 7. As used in this chapter, "fund" refers to the student assurance fund established by section 18 of this chapter.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-8"Person" Sec. 8. As used in this chapter, "person" means an individual, a partnership, a limited liability company, an association, a corporation, a joint venture, a trust, a receiver, or a trustee in bankruptcy.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-9"Postsecondary proprietary educational institution" Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 9. As used in this chapter, "postsecondary proprietary educational institution" means a person doing business in Indiana by offering to the public, for a tuition, fee, or charge, instructional or educational services or training in a technical, professional, mechanical, business, or industrial occupation, in the recipient's home, at a designated location, or by mail. The term does not include the following:

(1) A postsecondary credit bearing proprietary educational institution accredited by the board for proprietary education under IC 21-18.5-6.

(2) A state educational institution or another educational institution established by law and financed in whole or in part by public funds.

(3) A postsecondary proprietary educational institution approved or regulated by any other state regulatory board, agency, or commission.

(4) An elementary or secondary school attended by students in kindergarten or grades 1 through 12 and supported in whole or in part by private tuition payments.

(5) Any educational institution or educational training that:

(A) is maintained or given by an employer or a group of employers, without charge, for employees or for individuals the employer anticipates employing;

(B) is maintained or given by a labor organization, without charge, for its members or apprentices;

(C) offers exclusively instruction that is clearly self-improvement, motivational, or avocational in intent (including instruction in dance, music, or self-defense, and private tutoring); or

(D) is a Montessori or nursery school.

(6) A privately endowed two (2) or four (4) year degree granting institution that is regionally accredited and whose principal campus is located in Indiana.

(7) All educational institutions offering programs requiring approval by the Indiana state board of nursing under IC 25-23-1-7.

As added by P.L.107-2012, SEC.61. Amended by P.L.174-2018, SEC.40.

IC 22-4.1-21-9"Postsecondary proprietary educational institution" Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

(1) A postsecondary credit bearing proprietary educational institution accredited by the commission for higher education under IC 21-18.5-6.

(2) A state educational institution or another educational institution established by law and financed in whole or in part by public funds.

(3) A postsecondary proprietary educational institution approved or regulated by any other state regulatory board, agency, or commission.

(4) An elementary or secondary school attended by students in kindergarten or grades 1 through 12 and supported in whole or in part by private tuition payments.

(5) Any educational institution or educational training that:

(A) is maintained or given by an employer or a group of employers, without charge, for employees or for individuals the employer anticipates employing;

(B) is maintained or given by a labor organization, without charge, for its members or apprentices;

(C) offers exclusively instruction that is clearly self-improvement, motivational, or avocational in intent (including instruction in dance, music, or self-defense, and private tutoring); or

(D) is a Montessori or nursery school.

(6) A privately endowed two (2) or four (4) year degree granting institution that is regionally accredited and whose principal campus is located in Indiana.

(7) All educational institutions offering programs requiring approval by the Indiana state board of nursing under IC 25-23-1-7.

As added by P.L.107-2012, SEC.61. Amended by P.L.174-2018, SEC.40; P.L.152-2026, SEC.321.

IC 22-4.1-21-10Establishment of office for career and technical school; administration Sec. 10. (a) The office for career and technical schools is established to carry out the responsibilities of the department under this chapter.

(b) The department may employ and fix compensation for necessary administrative staff.

As added by P.L.107-2012, SEC.61. Amended by P.L.273-2013, SEC.29; P.L.178-2016, SEC.7; P.L.93-2024, SEC.158.

IC 22-4.1-21-11Purpose Sec. 11. The general assembly recognizes that the private school is an essential part of the educational system. It is the purpose of this chapter to protect students, educational institutions, the general public, and honest and ethical operators of private schools from dishonest and unethical practices.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-12Doing business without authorization; notice; civil penalty Sec. 12. (a) A person may not do business as a postsecondary proprietary educational institution in Indiana without having obtained authorization under this chapter.

(b) Upon discovery by the department, the department shall issue a written notice of violation to a person who fails to obtain authorization under this chapter.

(c) A person who receives a written notice of violation under subsection (b) has fifteen (15) days from the date the notice is issued by the department to initiate authorization under this chapter.

(d) If a person described in subsection (c) fails to initiate authorization under this chapter from the department within fifteen (15) days from the date the notice is issued, the department may assess a civil penalty of one hundred dollars ($100) per student who:

(1) attends the subject postsecondary proprietary educational institution; and

(2) resides in Indiana.

(e) Civil penalties collected under this section shall be deposited in the proprietary educational institution authorization fund established by section 39 of this chapter.

As added by P.L.107-2012, SEC.61. Amended by P.L.157-2023, SEC.9; P.L.200-2025, SEC.36; P.L.121-2026, SEC.61.

IC 22-4.1-21-13Applications; fee Sec. 13. Applications for authorization under this chapter must be filed with the department and accompanied by an application fee of at least one hundred dollars ($100) for processing the application and evaluating the postsecondary proprietary educational institution.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.8; P.L.157-2023, SEC.10.

IC 22-4.1-21-14Applications; contents Sec. 14. An application for authorization under this chapter must include at least the following information:

(1) The name and address of the postsecondary proprietary educational institution and the institution's officers.

(2) The places where the courses are to be provided.

(3) The types of courses to be offered, the form of instruction to be followed with the class, shop, or laboratory, and the hours required for each curriculum.

(4) The form of certificate, diploma, or degree to be awarded.

(5) A statement of the postsecondary proprietary educational institution's finances.

(6) A description of the postsecondary proprietary educational institution's physical facilities, including classrooms, laboratories, library, machinery, and equipment.

(7) An explicit statement of policy with reference to:

(A) solicitation of students;

(B) payment and amount of student fees; and

(C) conditions under which students are entitled to a refund in part or in full of fees paid, including a statement concerning the existence of the fund.

(8) Provisions for liability insurance of students.

(9) Maximum student-teacher ratio to be maintained.

(10) Minimum requirements for instructional staff.

As added by P.L.107-2012, SEC.61. Amended by P.L.157-2023, SEC.11.

IC 22-4.1-21-15Application; bond Sec. 15. (a) This section is subject to section 16 of this chapter.

(b) An application for authorization under this chapter must include a surety bond in a penal sum determined under section 16 of this chapter. The bond must be executed by the applicant as principal and by a surety company qualified and authorized to do business in Indiana as a surety or cash bond company.

(c) The surety bond must be conditioned to provide indemnification to any student or enrollee who suffers a loss or damage as a result of:

(1) the failure or neglect of the postsecondary proprietary educational institution to faithfully perform all agreements, express or otherwise, with the student, enrollee, one (1) or both of the parents of the student or enrollee, or a guardian of the student or enrollee as represented by the application for the institution's authorization and the materials submitted in support of the application;

(2) the failure or neglect of the postsecondary proprietary educational institution to maintain and operate a course or courses of instruction or study in compliance with the standards of this chapter; or

(3) an agent's misrepresentation in procuring the student's enrollment.

(d) A surety on a bond may be released after the surety has made a written notice of the release directed to the department at least thirty (30) days before the release. However, a surety may not be released from the bond unless all sureties on the bond are released.

(e) A surety bond covers the period of the authorization.

(f) Authorization under this chapter shall be suspended if a postsecondary proprietary educational institution is no longer covered by a surety bond or if the postsecondary proprietary educational institution fails to comply with section 16 of this chapter. The department shall notify the postsecondary proprietary educational institution in writing at least ten (10) days before the release of the surety or sureties that the authorization is suspended until another surety bond is filed in the manner and amount required under this chapter.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.9; P.L.157-2023, SEC.12.

IC 22-4.1-21-16Bond amount; determination; contributions to fund Sec. 16. (a) Subject to subsections (b), (d), and (e), the department shall determine the penal sum of each surety bond required under section 15 of this chapter based upon the following guidelines:

(1) A postsecondary proprietary educational institution that has no annual gross tuition charges assessed for the previous year shall secure a surety bond in the amount of twenty-five thousand dollars ($25,000).

(2) If at any time the postsecondary proprietary educational institution's projected annual gross tuition charges are more than two hundred fifty thousand dollars ($250,000), the institution shall secure a surety bond in the amount of fifty thousand dollars ($50,000).

(b) After June 30, 2006, and except as provided in:

(1) section 19 of this chapter; and

(2) subsection (e);

and upon the fund achieving at least an initial one million dollar ($1,000,000) balance, a postsecondary proprietary educational institution that contributes to the fund when the initial quarterly contribution is required under this chapter after the fund's establishment is not required to make contributions to the fund or submit a surety bond.

(c) The department shall determine the number of quarterly contributions required for the fund to initially accumulate one million dollars ($1,000,000).

(d) Except as provided in section 19 of this chapter and subsection (e), a postsecondary proprietary educational institution that begins making contributions to the fund after the initial quarterly contribution as required under this chapter is required to make contributions to the fund for the same number of quarters as determined by the department under subsection (c).

(e) If, after the fund acquires one million dollars ($1,000,000), the balance in the fund becomes less than five hundred thousand dollars ($500,000), all postsecondary proprietary educational institutions not required to make contributions to the fund as described in subsection (b) or (d) shall make contributions to the fund for the number of quarters necessary for the fund to accumulate one million dollars ($1,000,000).

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.10.

IC 22-4.1-21-17Curriculum catalog and promotional brochure; contents Sec. 17. The department shall require each postsecondary proprietary educational institution to include in each curriculum catalog and promotional brochure the following:

(1) A statement indicating that the postsecondary proprietary educational institution is regulated by the department under this chapter.

(2) The department's mailing address and telephone number.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.11.

IC 22-4.1-21-18Student assurance fund; administration Sec. 18. (a) The student assurance fund is established to provide indemnification to a student or an enrollee of a postsecondary proprietary educational institution who suffers loss or damage as a result of an occurrence described in section 15(c) of this chapter if the occurrence transpired after June 30, 1992, and as provided in section 35 of this chapter.

(b) The department shall administer the fund.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains available to be used for providing money for reimbursements allowed under this chapter.

(f) Upon the fund acquiring fifty thousand dollars ($50,000), the balance in the fund must not become less than fifty thousand dollars ($50,000). If:

(1) a claim against the fund is filed that would, if paid in full, require the balance of the fund to become less than fifty thousand dollars ($50,000); and

(2) the department determines that the student is eligible for a reimbursement under the fund;

the department shall prorate the amount of the reimbursement to ensure that the balance of the fund does not become less than fifty thousand dollars ($50,000), and the student is entitled to receive that balance of the student's claim from the fund as money becomes available in the fund from contributions to the fund required under this chapter.

(g) The department shall ensure that all outstanding claim amounts described in subsection (f) are paid as money in the fund becomes available in the chronological order of the outstanding claims.

(h) A claim against the fund may not be construed to be a debt of the state.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.12.

IC 22-4.1-21-19Quarterly contributions to fund; determination; bond Sec. 19. (a) Subject to section 16 of this chapter, each postsecondary proprietary educational institution shall make quarterly contributions to the fund. The quarters begin January 1, April 1, July 1, and October 1.

(b) For each quarter, each postsecondary proprietary educational institution shall make a contribution equal to the STEP THREE amount derived under the following formula:

STEP ONE: Determine the total amount of tuition and fees earned during the quarter.

STEP TWO: Multiply the STEP ONE amount by one-tenth of one percent (0.1%).

STEP THREE: Add the STEP TWO amount and sixty dollars ($60).

(c) Notwithstanding section 16 of this chapter, for a postsecondary proprietary educational institution beginning operation after September 30, 2004, the department, in addition to requiring contributions to the fund, shall require the postsecondary proprietary educational institution to submit a surety bond in an amount determined by the department for a period that represents the number of quarters required for the fund to initially accumulate one million dollars ($1,000,000) as determined under section 16(c) of this chapter.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.13.

IC 22-4.1-21-20Investigation Sec. 20. (a) Upon receipt of an application for authorization under this chapter, the department shall make an investigation to determine the accuracy of the statements in the application to determine if the postsecondary proprietary educational institution meets the minimum standards for authorization.

(b) During the investigation under subsection (a), the department may grant a temporary status of authorization. The temporary status of authorization is sufficient to meet the requirements of this chapter until a determination on authorization is made.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.14; P.L.157-2023, SEC.13.

IC 22-4.1-21-21Inspection fee Sec. 21. The cost of performing a team onsite investigation for purposes of section 20 of this chapter shall be paid by the applicant postsecondary proprietary educational institution. However, the total cost of an inspection, including room, board, and mileage that does not require travel outside Indiana, may not exceed one thousand dollars ($1,000) for any one (1) postsecondary proprietary educational institution.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-22Student records; contents; submit records to department Sec. 22. (a) A postsecondary proprietary educational institution shall maintain at least the following records for each student:

(1) The program in which the student enrolls.

(2) The length of the program.

(3) The date of the student's initial enrollment in the program.

(4) The student's period of attendance.

(5) The amount of the student's tuition and fees.

(6) A copy of the enrollment agreement.

(b) Upon the request of the department, a postsecondary proprietary educational institution shall submit the records described in subsection (a) to the department.

(c) If a postsecondary proprietary educational institution ceases operation, the postsecondary proprietary educational institution shall submit the records described in subsection (a) to the department not later than thirty (30) days after the institution ceases to operate.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.15.

IC 22-4.1-21-23Authorization standards Sec. 23. Full authorization under this chapter may not be issued unless and until the department finds that the postsecondary proprietary educational institution meets minimum standards that are appropriate to that type or class of postsecondary proprietary educational institution, including the following minimum standards:

(1) The postsecondary proprietary educational institution has a sound financial structure with sufficient resources for continued support.

(2) The postsecondary proprietary educational institution has satisfactory training or educational facilities with sufficient tools, supplies, or equipment and the necessary number of work stations or classrooms to adequately train, instruct, or educate the number of students enrolled or proposed to be enrolled.

(3) The postsecondary proprietary educational institution has an adequate number of qualified instructors or teachers, sufficiently trained by experience or education, to give the instruction, education, or training contemplated.

(4) The advertising and representations made on behalf of the postsecondary proprietary educational institution to prospective students are truthful and free from misrepresentation or fraud.

(5) The charge made for the training, instruction, or education is clearly stated and based upon the services rendered.

(6) The premises and conditions under which the students work and study are sanitary, healthful, and safe according to modern standards.

(7) The postsecondary proprietary educational institution has and follows a refund policy approved by the department.

(8) The owner or chief administrator of the postsecondary proprietary educational institution has not been convicted of a felony.

(9) The owner or chief administrator of the postsecondary proprietary educational institution has not been the owner or chief administrator of a postsecondary proprietary educational institution that has had its authorization revoked or has been closed involuntarily in the five (5) year period preceding the application for authorization. However, if the owner or chief administrator of the postsecondary proprietary educational institution has been the owner or chief administrator of a postsecondary proprietary educational institution that has had its authorization revoked or has been closed involuntarily more than five (5) years before the application for authorization, the department may issue full authorization at the department's discretion.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.16; P.L.157-2023, SEC.14.

IC 22-4.1-21-24Issuance of authorization; renewal Sec. 24. (a) After an investigation and a finding that the information in the application is true and the postsecondary proprietary educational institution meets the minimum standards, the department shall issue an authorization to the postsecondary proprietary educational institution upon payment of an additional fee of at least twenty-five dollars ($25).

(b) The department may waive inspection of a postsecondary proprietary educational institution that has been authorized by an authorizing unit whose standards are approved by the department as meeting or exceeding the requirements of this chapter.

(c) A valid license, approval to operate, or other form of authorization issued to a postsecondary proprietary educational institution by another state may be accepted, instead of inspection, if:

(1) the requirements of that state meet or exceed the requirements of this chapter; and

(2) the other state will, in turn, extend reciprocity to postsecondary proprietary educational institutions authorized by the department.

(d) An authorization issued under this section expires one (1) year following the authorization's issuance.

(e) An authorized postsecondary proprietary educational institution may renew the institution's authorization annually upon:

(1) the payment of a fee of at least twenty-five dollars ($25); and

(2) continued compliance with this chapter.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.17; P.L.157-2023, SEC.15.

IC 22-4.1-21-25Revocation Sec. 25. Authorization under this chapter may be revoked by the department:

(1) for cause upon notice and an opportunity for a department hearing; and

(2) for the authorized postsecondary proprietary educational institution failing to make the appropriate quarterly contributions to the fund not later than forty-five (45) days after the end of a quarter.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.18; P.L.157-2023, SEC.16.

IC 22-4.1-21-26Hearing; filing objection to order; commissioner ultimate authority Sec. 26. (a) A postsecondary proprietary educational institution, after notification that the institution's authorization has been refused, revoked, or suspended, may apply for a hearing before an administrative law judge of the department concerning the institution's qualifications. The application for a hearing must be filed in writing with the department not more than thirty (30) days after receipt of notice of the denial, revocation, or suspension.

(b) The department shall give a hearing promptly and with not less than ten (10) days notice of the date, time, and place. The postsecondary proprietary educational institution is entitled to be represented by counsel and to offer oral and documentary evidence relevant to the issue. The hearing shall be conducted in the manner provided under IC 4-21.5-3.

(c) Not more than fifteen (15) days after a hearing, the administrative law judge shall make written findings of fact, a written decision, and a written order based solely on the evidence submitted at the hearing, either granting or denying authorization to the postsecondary proprietary educational institution.

(d) Not more than fifteen (15) days after the issuance of a written order by the administrative law judge under subsection (c), any party adversely affected by the order may file an objection to the order in writing with the commissioner and request that the commissioner review the order. The party must identify the basis of the objection with reasonable particularity. Not later than thirty (30) days after the objection is filed with the commissioner, the commissioner shall issue a final order affirming, modifying, or dissolving the administrative law judge's order. The commissioner may remand the matter, with or without instructions, to the administrative law judge for further proceedings.

(e) In the absence of an objection under subsection (d), the commissioner shall affirm the administrative law judge's order.

(f) The commissioner is the ultimate authority (as defined by IC 4-21.5-1-15) for the department.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.19; P.L.157-2023, SEC.17.

IC 22-4.1-21-27Suspension Sec. 27. A postsecondary proprietary educational institution's authorization shall be suspended at any time if the authorized postsecondary proprietary educational institution denies enrollment to a student or makes a distinction or classification of students on the basis of race, color, or creed.

As added by P.L.107-2012, SEC.61. Amended by P.L.157-2023, SEC.18.

IC 22-4.1-21-28Representations Sec. 28. A person may not do the following:

(1) Make, or cause to be made, a statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if the person knows or should reasonably know the statement or representation is false, deceptive, substantially inaccurate, or misleading.

(2) Promise or guarantee employment to a student or prospective student using information, training, or skill purported to be provided or otherwise enhanced by a course, unless the person offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student for a period of at least ninety (90) days in a business or other enterprise regularly conducted by the person in which that information, training, or skill is a normal condition of employment.

(3) Do an act that constitutes part of the conduct of administration of a course if the person knows, or should reasonably know, that the course is being carried on by the use of fraud, deception, or other misrepresentation.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-29Agent's permit; liability of institution Sec. 29. (a) A person representing a postsecondary proprietary educational institution doing business in Indiana by offering courses may not sell a course or solicit students for the institution unless the person first secures an agent's permit from the department. If the agent represents more than one (1) postsecondary proprietary educational institution, a separate agent's permit must be obtained for each institution that the agent represents.

(b) Upon approval of an agent's permit, the department shall issue a pocket card to the person that includes:

(1) the person's name and address;

(2) the name and address of the postsecondary proprietary educational institution that the person represents; and

(3) a statement certifying that the person whose name appears on the card is an authorized agent of the postsecondary proprietary educational institution.

(d) An agent's permit is valid for one (1) year from the date of its issue. An application for renewal must be accompanied by a fee of at least ten dollars ($10).

(e) A postsecondary proprietary educational institution is liable for the actions of the institution's agents.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.20.

IC 22-4.1-21-30Temporary permit; revocation of permit Sec. 30. (a) An application for an agent's permit must be granted or denied by the department not more than fifteen (15) working days after the receipt of the application. If the department has not completed a determination with respect to the issuance of a permit under this section within the fifteen (15) working day period, the department shall issue a temporary permit to the applicant. The temporary permit is sufficient to meet the requirements of this chapter until a determination is made on the application.

(b) A permit issued under this chapter may, upon ten (10) days notice and after a hearing, be revoked by the department:

(1) if the holder of the permit solicits or enrolls students through fraud, deception, or misrepresentation; or

(2) upon a finding that the permit holder is not of good moral character.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.21.

IC 22-4.1-21-31Remedy; damages or other relief Sec. 31. The fact that a bond is in force or that the fund exists does not limit or impair a right of recovery and the amount of damages or other relief to which a plaintiff may be entitled under this chapter.

As added by P.L.107-2012, SEC.61.

IC 22-4.1-21-32Remedy; void contracts Sec. 32. An obligation, negotiable or nonnegotiable, providing for payment for a course or courses of instruction is void if the postsecondary proprietary educational institution is not authorized to operate in Indiana.

As added by P.L.107-2012, SEC.61. Amended by P.L.157-2023, SEC.19.

IC 22-4.1-21-33Misrepresentation Sec. 33. The issuance of an agent's permit or any authorization may not be considered to constitute approval of a course, a person, or an institution. A representation to the contrary is a misrepresentation.

As added by P.L.107-2012, SEC.61. Amended by P.L.157-2023, SEC.20.

IC 22-4.1-21-34Claims by students for loss or damage; investigation; limitations; claim against balance of fund Sec. 34. (a) This section applies to claims against the surety bond of a postsecondary proprietary educational institution.

(b) A student who believes that the student is suffering loss or damage resulting from any of the occurrences described in section 15(c) of this chapter may request the department to file a claim against the surety of the postsecondary proprietary educational institution or agent.

(d) The department shall investigate all claims submitted to the department and attempt to resolve the claims informally. If the department determines that a claim is valid, and an informal resolution cannot be made, the department shall submit a formal claim to the surety.

(e) A claim against the surety bond may not be filed by the department unless the student's request under subsection (b) is commenced not more than five (5) years after the date on which the loss or damage occurred.

(f) If the amount of the surety bond is insufficient to cover all or part of the claim, a claim for the balance of the claim against the surety bond in the amount that is insufficient must be construed to be a claim against the balance of the fund under section 35 of this chapter.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.22.

IC 22-4.1-21-35Claims against balance of fund for reimbursement of tuition and fees; determination; priorities Sec. 35. (a) This section applies:

(1) to claims against the balance of the fund; and

(2) in cases in which a student or an enrollee of a postsecondary proprietary educational institution is protected by both a surety bond and the balance of the fund, only after a claim against the surety bond exceeds the amount of the surety bond.

(b) A student or an enrollee of a postsecondary proprietary educational institution who believes that the student or enrollee has suffered loss or damage resulting from any of the occurrences described in section 15(c) of this chapter may request the department to file a claim with the department against the balance of the fund. If there is a surety bond in an amount sufficient to cover a claim or part of a claim under this section, a claim against the balance of the fund must be construed to be a claim against the surety bond first to the extent that the amount of the surety bond exists and the balance of the claim may be filed against the balance of the fund.

(d) All claims must be filed not later than five (5) years after the occurrence that results in the loss or damage to the claimant.

(e) Upon the filing of a claim under this section, the department shall review the records submitted by the appropriate postsecondary proprietary educational institution described under section 22 of this chapter and shall investigate the claim and attempt to resolve the claim as described in section 34(d) of this chapter.

(f) Upon a determination by the department that a claimant shall be reimbursed under the fund, the department shall prioritize the reimbursements under the following guidelines:

(1) A student's educational loan balances.

(2) Federal grant repayment obligations of the student.

(3) Other expenses paid directly by the student.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.23.

IC 22-4.1-21-36Relief; injunction Sec. 36. The prosecuting attorney of the county in which an offense under this chapter occurred shall, at the request of the department or on the prosecuting attorney's own motion, bring any appropriate action, including a mandatory and prohibitive injunction.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.24.

IC 22-4.1-21-37Review Sec. 37. An action of the department concerning the issuance, denial, or revocation of a permit or authorization under this chapter is subject to review under IC 4-21.5.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.25; P.L.157-2023, SEC.21.

IC 22-4.1-21-38Violations Sec. 38. (a) Except as provided in subsection (b), a person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.

(b) A person who, with intent to defraud, represents the person to be an agent of a postsecondary proprietary educational institution commits a Level 5 felony.

As added by P.L.107-2012, SEC.61. Amended by P.L.158-2013, SEC.253.

IC 22-4.1-21-39Establishment of proprietary educational institution authorization fund; collection of fees and civil penalties Sec. 39. (a) The proprietary educational institution authorization fund is established.

(b) The proprietary educational institution authorization fund shall be administered by the department.

(c) Money in the proprietary educational institution authorization fund at the end of a state fiscal year does not revert to the general fund.

(d) All fees and civil penalties collected by the department under this chapter shall be deposited in the proprietary educational institution authorization fund.

(e) Money in the proprietary educational institution authorization fund shall be used by the department to administer this chapter.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.26; P.L.157-2023, SEC.22; P.L.200-2025, SEC.37.

IC 22-4.1-22Chapter 22. RepealedRepealed by P.L.152-2018, SEC.33.

IC 22-4.1-22.5Chapter 22.5. General Provisions Concerning the Transfer of Responsibilities From the State Workforce Innovation Council to the Governor's Workforce Cabinet

22-4.1-22.5-1Transfer of responsibilities from state workforce innovation council to governor's workforce cabinet 22-4.1-22.5-2Rights, duties, and obligations of contracts entered into by state workforce innovation council before its abolishment

IC 22-4.1-22.5-1Transfer of responsibilities from state workforce innovation council to governor's workforce cabinet Sec. 1. (a) The state workforce innovation council established by IC 22-4.1-22-3 (before its repeal) is abolished.

(b) The following are transferred on March 21, 2018, the effective date of P.L.152-2018, from the state workforce innovation council to the governor's workforce cabinet established by IC 4-3-27-3 (before its repeal):

(1) All real and personal property of the state workforce innovation council.

(2) All powers, duties, assets, and liabilities of the state workforce innovation council.

(3) All appropriations to the state workforce innovation council.

(c) All rules or policies that were adopted by the state workforce innovation council before March 21, 2018, shall be treated as though the rules were adopted by the governor's workforce cabinet established by IC 4-3-27-3 (before its repeal) until the governor's workforce cabinet (before its repeal) adopts new rules or policies.

(d) After March 21, 2018, a reference to the state workforce innovation council in a statute or rule shall be treated as a reference to the governor's workforce cabinet established by IC 4-3-27-3 (before its repeal).

As added by P.L.152-2018, SEC.34. Amended by P.L.10-2019, SEC.99; P.L.213-2025, SEC.281.

IC 22-4.1-22.5-2Rights, duties, and obligations of contracts entered into by state workforce innovation council before its abolishment Sec. 2. (a) After March 21, 2018, the effective date of P.L.152-2018, a contract entered into by the state workforce innovation council (before its abolishment on March 21, 2018) is a contract of the governor's workforce cabinet established by IC 4-3-27-3 (before its repeal).

(b) The repeal of IC 22-4.1-22 does not affect the right, duties, or obligations of the governor's workforce cabinet (before its repeal) or a person who before March 21, 2018, had a contract with the state workforce innovation council (before its abolishment on March 21, 2018).

(c) A person or the governor's workforce cabinet established by IC 4-2-27-3 (before its repeal) may enforce a right to compel performance of a duty for a contract as if the repeal of IC 22-4.1-22 had not been enacted.

As added by P.L.152-2018, SEC.34. Amended by P.L.10-2019, SEC.100; P.L.213-2025, SEC.282.

IC 22-4.1-23Chapter 23. Employment Referral Service

22-4.1-23-1Free public employment and training offices; powers and duties; applicable federal laws; cooperation with federal Railroad Retirement Board 22-4.1-23-2Federal funding; employment and training services administration fund; agreements with other public entities and private organizations; appropriations

IC 22-4.1-23-1Free public employment and training offices; powers and duties; applicable federal laws; cooperation with federal Railroad Retirement Board Sec. 1. (a) The department shall establish and maintain free public employment and training offices in such number and in such places as may be necessary:

(1) for the proper administration of this article and IC 22-4; and

(2) to perform all duties that are required by 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114 and any amendments thereto.

(b) In connection with the duties described in subsection (a), the state agrees to the following:

(1) The state accepts the provisions of 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114 in conformity with the terms of 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114.

(2) The state commits itself to the observation of and compliance with the requirements of 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114.

(3) The department is constituted the agency of the state for all purposes of 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114.

(4) All duties and powers conferred upon any other department, agency, or officer of the state relating to the establishment, maintenance, and operation of free public employment offices shall be vested in the department.

(5) The department:

(A) shall cooperate with any official or agency of the United States having powers or duties under the provisions of 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114; and

(B) is authorized and empowered to do and perform all things necessary to secure to the state the benefits of 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114.

(6) The department may cooperate with or enter into agreements with the United States Railroad Retirement Board for the establishment, maintenance, and use of free employment service facilities.

(c) The department may do all acts and things necessary or proper to carry out the powers expressly granted under this article.

As added by P.L.69-2015, SEC.49. Amended by P.L.149-2016, SEC.64.

IC 22-4.1-23-2Federal funding; employment and training services administration fund; agreements with other public entities and private organizations; appropriations Sec. 2. (a) All money received by the state under 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114 shall be paid into the employment and training services administration fund.

(b) The money described in subsection (a) is available to the department to be expended as provided by this section and by 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114.

(c) For the purpose of establishing and maintaining free public employment and training offices, the department is authorized to enter into agreements with:

(1) the United States Railroad Retirement Board;

(2) any agency of the United States charged with the administration of an unemployment compensation law;

(3) any political subdivision; or

(4) any private, nonprofit organization.

(d) As a part of an agreement described in subsection (c), the department may accept money, services, or facilities as a contribution to the employment and training services administration fund.

(e) The general assembly shall appropriate and make available to the department annually an amount sufficient to ensure the state receives its full share of funds under 29 U.S.C. 49 et seq. and 38 U.S.C. 4100 through 4114. Any money appropriated and made available to the department shall be deposited in the employment and training services administration fund.

As added by P.L.69-2015, SEC.49. Amended by P.L.149-2016, SEC.65.

IC 22-4.1-24Chapter 24. Workforce Related Programs

22-4.1-24-1"Program" 22-4.1-24-2Duty of state provider to prepare and submit annual report; contents 22-4.1-24-3Workforce related program evaluation and report

IC 22-4.1-24-1"Program" Sec. 1. (a) Except as provided in subsection (b), as used in this chapter, "program" refers to a workforce related program (as defined in IC 22-4.1-1-7(a)).

(b) As used in section 3 of this chapter, "program" refers to a workforce related program (as defined in IC 22-4.1-1-7(b)).

As added by P.L.230-2017, SEC.40. Amended by P.L.106-2024, SEC.9.

IC 22-4.1-24-2Duty of state provider to prepare and submit annual report; contents Sec. 2. (a) A state provider shall prepare a written report concerning:

(1) its workforce related programs annually; and

(2) a new workforce related program not later than thirty (30) days after establishing the program.

(b) At a minimum, the following information must be provided in an annual report for each program:

(1) A description of the program that includes an explanation of how the program aligns with Indiana's workforce needs and coordinates with existing workforce related programs.

(2) The amount of funding provided for the program and the source or sources of the funding.

(3) The number of individuals participating in the program.

(4) Demographic information about the individuals participating in the program, including:

(A) the age or ages of the program participants; and

(B) the education attainment level of the program participants.

(5) The results of the program, including:

(A) the number of individuals completing the program;

(B) the number and types of degrees, certificates, credentials, and certifications awarded, and whether the degrees, certificates, credentials, and certifications are industry recognized, if a degree, certificate, credential, or certification is awarded at the completion of the program;

(C) the extent to which participants in the program obtained employment, retained employment, or secured better employment as the direct result of participating in or completing the program, including the number of participants placed at the completion of or departure from the program and within one (1) year after program completion or departure;

(D) a description of the specific jobs that participants in the program obtained or retained;

(E) the wages offered to and earned by the participants both before and after participation in or completion of the program, including the starting wages at placement of participants completing the program; and

(F) the retention rates of participants who obtained employment or secured better employment as the direct result of participating in or completing the program.

(c) At a minimum, the report for a new workforce related program must include the information described in subsection (b)(1) and (b)(2).

(d) A state provider shall provide a copy of a report described in subsection (a) to the:

(1) governor;

(2) legislative council; and

(3) department.

An annual report must be submitted on or before October 1 for the preceding state fiscal year. A report concerning a new workforce related program must be submitted not later than thirty (30) days after a state provider establishes the program. A report provided under this subsection to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.230-2017, SEC.40. Amended by P.L.152-2018, SEC.35; P.L.213-2025, SEC.283.

IC 22-4.1-24-3Workforce related program evaluation and report Sec. 3. (a) As used in this section, "management performance hub" refers to the management performance hub established by IC 4-3-26-8.

(b) Not later than July 1, 2025, and before July 1 of each year thereafter, each workforce focused agency shall deliver to the management performance hub a workforce related program report, including any related or supporting data contemplated by the report or data elements developed by a data governance team under subsection (c)(2).

(1) Establish a workforce related program data governance team of subject matter experts.

(2) Develop a common set of data elements to be used to evaluate the workforce related program.

(3) To the extent reasonably possible, include in a contract entered into or renewed after June 30, 2024, between a workforce focused agency and a person conducting, operating, or administering a workforce related program a provision that requires the person to provide the workforce focused agency with the common set of data elements developed under subdivision (2).

As added by P.L.106-2024, SEC.10. Amended by P.L.100-2026, SEC.12.

IC 22-4.1-25Chapter 25. Work Ethic Certificate Program

22-4.1-25-1"Program" 22-4.1-25-1.5"School" 22-4.1-25-2Work ethic certificate program requirements

IC 22-4.1-25-1"Program" Sec. 1. As used in this chapter, "program" refers to the work ethic certificate program established under section 2 of this chapter.

As added by P.L.57-2018, SEC.2.

IC 22-4.1-25-1.5"School" Sec. 1.5. As used in this chapter, "school" includes a public school, a charter school, a state accredited nonpublic school (as defined in IC 20-18-2-18.7), and a nonaccredited nonpublic school.

As added by P.L.191-2018, SEC.24. Amended by P.L.92-2020, SEC.107.

IC 22-4.1-25-2Work ethic certificate program requirements Sec. 2. (a) The department shall establish and maintain a work ethic certificate program to:

(1) connect employers to local school corporations and schools to create a collaborative partnership that benefits the community;

(2) provide high school students with an understanding of necessary employability skills for in-demand jobs and allow students an opportunity to demonstrate their understanding of the employability skills while in high school; and

(3) provide employers with potential employees who understand the values and importance of responsibility and perseverance in the workplace.

(b) The department shall develop the program in consultation with employers, community based programs, and postsecondary educational institutions. The department shall develop application guidelines for the program.

(c) A school corporation, school, consortium of school corporations or schools, or a local workforce development board serving schools may apply to participate in the program at a time and in a manner prescribed by the department.

(d) The department shall align the program to interdisciplinary employability skills standards prescribed in IC 20-30-5-14(c).

As added by P.L.57-2018, SEC.2.

IC 22-4.1-26Chapter 26. Next Level Jobs Employer Training Grant Program

22-4.1-26-1"Program" 22-4.1-26-2Program established 22-4.1-26-3Program administrator 22-4.1-26-4Cost allocation for program 22-4.1-26-5Eligible employees; retention requirement and waiver; eligible employment 22-4.1-26-5.5Participation in program by high school student 22-4.1-26-6Eligible training 22-4.1-26-7Maximum grant amount per employee and per employer

IC 22-4.1-26-1"Program" Sec. 1. As used in this chapter, "program" refers to the next level jobs employer training grant program established by section 2 of this chapter.

As added by P.L.174-2018, SEC.41.

IC 22-4.1-26-2Program established Sec. 2. The next level jobs employer training grant program is established to provide grants to reimburse training costs to employers for newly trained employees.

As added by P.L.174-2018, SEC.41.

IC 22-4.1-26-3Program administrator Sec. 3. The department shall administer the program.

As added by P.L.174-2018, SEC.41.

IC 22-4.1-26-4Cost allocation for program Sec. 4. During the state fiscal year beginning July 1, 2018, the department may allocate not more than ten million dollars ($10,000,000) from the fiscal year appropriation for career and technical education innovation and advancement for the program.

As added by P.L.174-2018, SEC.41.

IC 22-4.1-26-5Eligible employees; retention requirement and waiver; eligible employment Sec. 5. (a) Except as provided in section 5.5 of this chapter, eligible employees must be trained, hired, and retained for at least six (6) months by the employer. If an eligible employee separates from employment with the employer that provided the training in order to accept employment with another employer before the end of the six (6) month period, the retention requirement is waived.

(b) Eligible employment must be in one (1) of the following sectors:

(1) Manufacturing.

(2) Technology business services.

(3) Transportation and logistics.

(4) Health sciences.

(5) Building and construction.

(6) Agriculture.

(7) Teaching.

As added by P.L.174-2018, SEC.41. Amended by P.L.143-2019, SEC.35; P.L.127-2024, SEC.13.

IC 22-4.1-26-5.5Participation in program by high school student Sec. 5.5. (a) The requirements described in section 5(a) of this chapter do not apply to this section.

(b) A high school student is eligible to participate in the program if the student is enrolled in a work based learning course (as defined in IC 20-43-8-0.7) that is aligned with the sectors for eligible employment described in section 5(b) of this chapter.

As added by P.L.143-2019, SEC.36.

IC 22-4.1-26-6Eligible training Sec. 6. (a) Eligible training must be job skills training that ties to an in demand occupation and leads to:

(1) for an eligible employee (including a high school student described in section 5.5 of this chapter) that is a new hire, a postsecondary credential, a nationally recognized industry credential, or specialized company training; or

(2) for an eligible employee that is an existing worker:

(A) a postsecondary credential, a nationally recognized industry credential, or specialized company training; and

(B) an increase of wages.

(b) Eligible training does not include human resource training or job shadowing.

As added by P.L.174-2018, SEC.41. Amended by P.L.143-2019, SEC.37.

IC 22-4.1-26-7Maximum grant amount per employee and per employer Sec. 7. (a) The maximum grant amount provided to an employer for each eligible employee is five thousand dollars ($5,000). However, if the eligible employee is a high school student, the maximum grant amount provided to an employer for the student is the lesser of:

(1) one thousand dollars ($1,000); or

(2) not more than one-third (1/3) of the cost of the student's work based learning course.

(b) The maximum grant amount provided to a particular employer is fifty thousand dollars ($50,000).

As added by P.L.174-2018, SEC.41. Amended by P.L.143-2019, SEC.38.

IC 22-4.1-27Chapter 27. Workforce Diploma Reimbursement Program

22-4.1-27-1Repealed 22-4.1-27-2"Cost per graduate" 22-4.1-27-3"Credit" 22-4.1-27-4"Eligible program provider" 22-4.1-27-5"Graduation rate" 22-4.1-27-6"Program" 22-4.1-27-7Establishment of program 22-4.1-27-8Establishment of workforce diploma reimbursement program fund 22-4.1-27-9Program eligibility requirements 22-4.1-27-10List of approved eligible program providers 22-4.1-27-11Approval status of eligible program providers 22-4.1-27-12Approved eligible program provider reimbursement 22-4.1-27-13Submission of invoices by approved eligible program providers 22-4.1-27-14Invoice reimbursement 22-4.1-27-15Reporting requirements 22-4.1-27-16Department review of data 22-4.1-27-17Placement of approved eligible program provider in probationary status; removal from program 22-4.1-27-18Repealed 22-4.1-27-19Development of program 22-4.1-27-20Approved eligible program provider survey requirements 22-4.1-27-21Adoption of rules

IC 22-4.1-27-1RepealedAs added by P.L.237-2019, SEC.2. Repealed by P.L.213-2025, SEC.284.

IC 22-4.1-27-2"Cost per graduate" Sec. 2. As used in this chapter, "cost per graduate" means an amount equal to:

(1) the total amount paid to each eligible program provider that is reimbursed under this chapter for performance milestones met by students within a cohort; divided by

(2) the total number of graduates in that cohort.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-3"Credit" Sec. 3. As used this chapter, "credit" means a unit of instruction that correlates to one (1) semester of one (1) course in the traditional high school environment.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-4"Eligible program provider" Sec. 4. As used in this chapter, "eligible program provider" means an accredited public, nonprofit, or private diploma granting institution with at least two (2) years of experience providing adult dropout recovery services that:

(1) include recruitment, learning plan development, and proactive coaching and mentoring; and

(2) culminate in the attainment of a high school diploma.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-5"Graduation rate" Sec. 5. As used in this chapter, "graduation rate" means the percentage, out of the total number of students who enrolled in the program during the state fiscal year that precedes the immediately preceding state fiscal year, of students who graduated in the two (2) immediately preceding state fiscal years and for whom the approved eligible provider received reimbursement under this chapter. A student may be counted as a graduate only one (1) time in calculating the program's graduation rate.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-6"Program" Sec. 6. As used in this chapter, "program" refers to the workforce diploma reimbursement program established by section 7 of this chapter.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-7Establishment of program Sec. 7. (a) The workforce diploma reimbursement program is established.

(b) The department shall administer the program.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.285.

IC 22-4.1-27-8Establishment of workforce diploma reimbursement program fund Sec. 8. (a) The workforce diploma reimbursement program fund is established for the purpose of providing payments under the program to approved eligible program providers that assist adults who are more than twenty-two (22) years of age in:

(1) developing employability and career technical skills; and

(2) obtaining high school diplomas.

(b) The fund consists of the following:

(1) Appropriations made by the general assembly.

(2) Gifts, grants, devises, or bequests made to the department to achieve the purposes of the fund.

(d) The expenses of administering the fund shall be paid from money in the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.286.

IC 22-4.1-27-9Program eligibility requirements Sec. 9. (a) To be approved to participate in the program under this chapter, an eligible program provider must meet the following requirements:

(1) Except as provided under section 11 of this chapter, the eligible program provider submits an application to the department on a form prescribed by the department not later than August 15 of the year for which the eligible program provider is applying.

(2) The eligible program provider demonstrates that the eligible program provider:

(A) has experience providing services to assist adults who are more than twenty-two (22) years of age in:

(i) obtaining high school diplomas; and

(ii) developing employability and career and technical skills; and

(B) has the ability to:

(i) provide academic skill intake assessment and transcript evaluations;

(ii) develop a learning plan that integrates academic requirements and career goals;

(iii) provide remediation course work in literacy and numeracy;

(iv) provide a research validated academic resiliency assessment and intervention;

(v) provide employability skills development aligned to employer needs;

(vi) provide career pathways course work;

(vii) provide preparation for industry recognized credentials; and

(viii) provide career placement services.

(3) The eligible program provider's course catalog includes all courses necessary to meet requirements for an Indiana diploma with a general designation, including sufficient courses to meet graduation pathway requirements (as defined in IC 20-18-2-6.3).

(4) The eligible program provider is accredited by a recognized regional accrediting body.

(5) The eligible program provider's programs begin not later than October 1 of the year for which the eligible program provider is applying.

(b) The department shall approve eligible program providers that meet the requirements of this chapter.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.287.

IC 22-4.1-27-10List of approved eligible program providers Sec. 10. Not later than September 15, 2019, and not later than September 15 of each year thereafter, the department shall publish a list of approved eligible program providers on the department's website.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.288.

IC 22-4.1-27-11Approval status of eligible program providers Sec. 11. An approved eligible program provider shall maintain the eligible program provider's approval under this chapter without reapplying annually if the eligible program provider has not been removed from the approved eligible program provider list under section 17 of this chapter.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-12Approved eligible program provider reimbursement Sec. 12. The department shall reimburse approved eligible program providers that participate in the program for the completion of the following milestones for each student who is more than twenty-two (22) years of age:

(1) One hundred seventy-five dollars ($175) for the completion of each credit.

(2) Two hundred fifty dollars ($250) for the completion of an employability skills certification program equal to at least two (2) credits.

(3) Two hundred fifty dollars ($250) for the attainment of an industry recognized credential that requires not more than fifty (50) hours of training.

(4) Five hundred dollars ($500) for the attainment of an industry recognized credential that requires at least fifty-one (51) but not more than one hundred (100) hours of training.

(5) Seven hundred fifty dollars ($750) for the attainment of an industry recognized credential that requires more than one hundred (100) hours of training.

(6) One thousand dollars ($1,000) for the attainment of a high school diploma.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-13Submission of invoices by approved eligible program providers Sec. 13. Approved eligible program providers shall submit monthly invoices to the department not later than the tenth calendar day of each month for milestones listed under section 12 of this chapter met by students in the immediately preceding calendar month.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-14Invoice reimbursement Sec. 14. The department shall reimburse eligible program providers in the order in which invoices are submitted until all appropriated funds are exhausted.

As added by P.L.237-2019, SEC.2.

IC 22-4.1-27-15Reporting requirements Sec. 15. (a) Not later than July 15, 2020, and not later than July 15 each year thereafter, each approved eligible program provider shall report the following to the department, the legislative council in an electronic format under IC 5-14-6, and the interim study committee on education established by IC 2-5-1.3-4:

(1) The total number of students for whom the eligible program provider has received funding through the program.

(2) The total number of credits that have been earned through the program.

(3) The total number of employability skills certifications that have been completed under the program.

(4) The total number of industry recognized credentials that have been attained under the program for each respective milestone described in section 12(3) through 12(5) of this chapter.

(5) The total number of graduates under the program.

(6) To the extent possible, the use of the funding received by the approved eligible program provider under this chapter during the previous school year and metrics of student achievement and demographics, including:

(A) the amount of funding received under this chapter that is used for each course or program of instruction of the approved eligible program provider;

(B) the amount of funding received under this chapter that is used for transportation costs for students to attend a course or program of the approved eligible program provider;

(D) metrics of student achievement and demographic information for those students during the previous school year that participated in a course or program of instruction of the approved eligible program provider that was funded in whole or in part by funding received under this chapter.

(b) The department, in consultation with the department of education, shall prescribe a standard form to be used by an approved eligible program provider to report student achievement and demographic information as required under subsection (a)(6)(D).

(c) The department shall make the information reported under subsection (a) available to the public on the department's Internet web site.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.289.

IC 22-4.1-27-16Department review of data Sec. 16. The department shall review data from each approved eligible program provider to ensure that the programs offered by each approved eligible program provider are achieving minimum program performance standards. The minimum program performance standards must include the following:

(1) A minimum of a fifty percent (50%) graduation rate for each cohort.

(2) A cost per graduate for a cohort of not more than six thousand seven hundred fifty dollars ($6,750).

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.290.

IC 22-4.1-27-17Placement of approved eligible program provider in probationary status; removal from program Sec. 17. (a) The department shall place an approved eligible program provider that does not meet:

(1) the minimum program performance standards described in section 16 of this chapter; or

(2) any other requirements under this chapter;

on probationary status for the remainder of the applicable state fiscal year.

(b) If an approved eligible program provider is placed on probationary status for two (2) consecutive years, the:

(1) eligible program provider is no longer approved to participate in the program; and

(2) department shall remove the eligible program provider from the approved eligible program provider list.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.291.

IC 22-4.1-27-18RepealedAs added by P.L.237-2019, SEC.2. Repealed by P.L.213-2025, SEC.292.

IC 22-4.1-27-19Development of program Sec. 19. In developing the program, the department shall:

(1) explore and incorporate, as appropriate, approaches and models from other states and organizations, including approaches to graduation requirements; and

(2) use pilot programs or other scaling approaches, as appropriate, to develop and implement the program in a cost effective and efficient manner.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.293.

IC 22-4.1-27-20Approved eligible program provider survey requirements Sec. 20. (a) An approved eligible program provider shall conduct a survey of the individuals:

(1) who participated in a course or certification or other program of the approved eligible program provider; and

(2) for whom the approved eligible program provider received reimbursement under this chapter.

(b) The survey shall be conducted in the year after the year in which the individual graduates or is no longer enrolled with the approved eligible program provider and the next four (4) consecutively succeeding years.

(c) The survey must include the individual's employment status, including whether the individual is employed full-time or part-time, for each year the survey is conducted.

(d) The approved eligible program provider shall submit each survey conducted under this section to the department not later than December 1 of the year in which the survey is conducted.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.294.

IC 22-4.1-27-21Adoption of rules Sec. 21. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.237-2019, SEC.2. Amended by P.L.213-2025, SEC.295.

IC 22-4.1-28Chapter 28. ExpiredAs added by P.L.216-2023, SEC.2. Expired 6-30-2026 by P.L.216-2023, SEC.2.

IC 22-4.5ARTICLE 4.5. THE WORKFORCE INVESTMENT SYSTEM

Ch. 1.Repealed Ch. 2.Repealed Ch. 3.Repealed Ch. 4.Repealed Ch. 5.Repealed Ch. 6.Repealed Ch. 7.Repealed Ch. 8.Repealed Ch. 9.Expired Ch. 10.Repealed Ch. 10.5.Repealed

IC 22-4.5-1Chapter 1. RepealedRepealed by P.L.69-2015, SEC.50.

IC 22-4.5-2Chapter 2. RepealedRepealed by P.L.69-2015, SEC.51.

IC 22-4.5-3Chapter 3. RepealedRepealed by P.L.161-2006, SEC.33.

IC 22-4.5-4Chapter 4. RepealedRepealed by P.L.161-2006, SEC.33.

IC 22-4.5-5Chapter 5. RepealedRepealed by P.L.161-2006, SEC.33.

IC 22-4.5-6Chapter 6. RepealedRepealed by P.L.161-2006, SEC.33.

IC 22-4.5-7Chapter 7. RepealedRepealed by P.L.69-2015, SEC.52.

IC 22-4.5-8Chapter 8. RepealedRepealed by P.L.69-2015, SEC.53.

IC 22-4.5-9Chapter 9. ExpiredExpired 7-1-2018 by P.L.60-2013, SEC.1.

IC 22-4.5-10Chapter 10. RepealedRepealed by P.L.269-2017, SEC.8.

IC 22-4.5-10.5Chapter 10.5. RepealedRepealed by P.L.69-2015, SEC.56.

IC 22-5ARTICLE 5. UNLAWFUL LABOR PRACTICES

Ch. 1.Limitations on Importing Alien Laborers Ch. 1.7.Public Contract for Services; Business Entities; Unauthorized Aliens Ch. 2.Repealed Ch. 3.Blacklisting Ch. 4.Off Duty Use of Tobacco by Employee Ch. 4.6.Exemptions from COVID-19 Immunization Requirements Ch. 5.Terminating Sex Offender Employment Contracts Ch. 6.Completion of Federal Attestation Ch. 7.Protective Orders and Employment Ch. 8.Prohibition Against Requiring the Implantation of Devices Ch. 9.Employment of Unauthorized Aliens Ch. 10.Bidding Restrictions Based on Experience Ratings

IC 22-5-1Chapter 1. Limitations on Importing Alien Laborers

22-5-1-1Prepayment of transportation; assisting or encouraging migration under contract 22-5-1-2Contracts; void 22-5-1-3Repealed 22-5-1-4Exemptions

Frequently Asked Questions About Indiana § 22-4-44-6

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Indiana § 22-4-44-6 - Funding

§ 22-4-44-6. Funding

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Frequently Asked Questions About Indiana § 22-4-44-6

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