Introduced Version
HOUSE BILL No. 1317
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 20-5-2-1.2
; IC 20-8.1;
IC 21-3-1.6-1.1.
Synopsis: Programs for suspended and expelled students. Requires a
school corporation to provide an educational program for students who
receive suspensions and expulsions. Provides that the educational
program may include assignment to attend an alternative school, an
alternative educational program, a homebound educational program, or
an educational program that the school corporation designs. Provides
that the student's absence from the educational program to which the
student is assigned because of suspension or expulsion is a violation of
the compulsory school attendance laws. Provides for the payment of
transfer tuition for transfer students who are suspended or expelled.
Includes in the ADM of a school corporation those suspended or
expelled students who receive educational services.
Effective: July 1, 2000.
Liggett
January 11, 2000, read first time and referred to Committee on Education.
Introduced
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1317
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-5-2-1.2; (00)IN1317.1.1. -->
SECTION 1.
IC 20-5-2-1.2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1.2. (a) Each school
corporation shall conduct an educational program for all children who
reside within the school corporation in kindergarten and in grades 1
through 12, During the 1990-91 school year, each school corporation
may provide each preschool child with a disability with an appropriate
special education as required under IC 20-1-6-14.1 using local or
available federal funds. Beginning with the 1991-92 school year,
including students receiving a suspension or an expulsion under
IC 20-8.1-5.1.
Each school corporation shall provide each preschool
child with a disability with an appropriate special education as required
under
IC 20-1-6-14.1
only if the general assembly appropriates state
funds for preschool special education.
(b) Each school corporation may:
(1) conduct an educational program for adults and children over
fourteen (14) years of age not attending a program under
subsection (a);
(2) provide instruction in vocational, industrial, or manual
training;
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefit
of the residents and taxpayers of the school corporation where
permitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permitted
or required to be performed by law by any school corporation; and
(7) provide a school age child care program that operates during
periods when school is in session for students who are enrolled in
a half-day kindergarten program.
(c) Each school corporation shall develop a written policy that
provides for:
(1) the implementation of a school age child care program for
children who attend kindergarten through grade 6 that, at a
minimum, operates after the school day and may include periods
of time before school is in session or periods when school is not
otherwise in session (commonly referred to as latch key
programs) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or parts
of the school corporation's buildings to conduct the types of
programs described in subdivision (1) by nonprofit organizations
or for-profit organizations.
(d) The written policy required under subsection (c) must address
compliance with certain standards for reasonable care for children
served under a child care program offered under this subsection,
including:
(1) requiring the offering entity to acquire a particular amount of
liability insurance; and
(2) establishing maximum adult to child ratios governing the
overall supervision of the children being served.
If a school corporation implements the school corporation's own child
care program or enters into a contract to provide these programs, the
school corporation may not assess a fee for the use of the building.
However, the school corporation may assess a fee to reimburse the
school corporation for providing security, maintenance, utilities, school
personnel, or other added costs directly attributable to the use of the
buildings for the programs. In addition, if a school corporation offers
the school corporation's own child care program, the school corporation
may assess a fee to cover the costs attributable to implementing the
program.
(e) The powers under this section shall be construed as purposes as
well as powers.
SOURCE: IC 20-8.1-1-10; (00)IN1317.1.2. -->
SECTION 2.
IC 20-8.1-1-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. (a) As used in this
article, the term "expulsion" means a disciplinary or other action
whereby a student is separated from attending the student's
assigned school program for:
(1) is separated from school attendance for a period in excess of
ten (10) school days;
(2) is separated from school attendance for the balance of the
current semester or current year unless a student is permitted to
complete required examinations in order to receive credit for
courses taken in the current semester or current year; or
(3) is separated from school attendance for the period prescribed
under
IC 20-8.1-5.1-10.
which may include an assignment to
attend an alternative school, an alternative educational program,
or a homebound educational program.
(b) The term does not include situations when a student is:
(1) disciplined under
IC 20-8.1-5.1-18
;
(2) removed from school in accordance with
IC 20-8.1-7-8
; or
(3) removed from school for failure to comply with the
immunization requirements of
IC 20-8.1-7-10.1.
SOURCE: IC 20-8.1-1-11; (00)IN1317.1.3. -->
SECTION 3.
IC 20-8.1-1-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11. (a) As used in this
article, the term "suspension" means any disciplinary action that does
not constitute an expulsion under section 10 of this chapter, whereby
a student is separated from attending the student's assigned school
attendance program for a period of not more than ten (10) school days.
(b) The term does not include situations in which a student is:
(1) disciplined under
IC 20-8.1-5.1-18
;
(2) removed from school in accordance with
IC 20-8.1-7-8
; or
(3) removed from school for failure to comply with the
immunization requirements of
IC 20-8.1-7-10.1.
SOURCE: IC 20-8.1-3-2; (00)IN1317.1.4. -->
SECTION 4.
IC 20-8.1-3-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. This chapter applies
to each situation which involves any of the following:
(1) A person less than eighteen (18) years of age who is domiciled
in Indiana.
(2) A person less than eighteen (18) years of age who is not
domiciled in Indiana and who intends to remain in Indiana for a
period of time as established by rule of the Indiana state board of
education.
(3) A student:
(A) who is less than eighteen (18) years of age; and
(B) whose behavior has resulted in an expulsion from school.
and
(C) who is assigned to attend an alternative school or an
alternative educational program.
SOURCE: IC 20-8.1-5.1-3.5; (00)IN1317.1.5. -->
SECTION 5.
IC 20-8.1-5.1-3.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 3.5. (a) This section does not
apply to a student who is expelled under section 11 of this chapter.
(b) A school corporation shall provide an educational program
for a student who receives a suspension or an expulsion under this
chapter. The student's educational program may include
assignment to attend the following:
(1) An alternative school.
(2) An alternative educational program.
(3) A homebound educational program.
(4) An educational program that the school corporation
designs.
(c) Attendance at an educational program assigned under this
section satisfies the compulsory school attendance requirements of
IC 20-8.1-3.
SOURCE: IC 20-8.1-5.1-24; (00)IN1317.1.6. -->
SECTION 6.
IC 20-8.1-5.1-24
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 24. If a student is
suspended or expelled from a school or from any educational function
under this chapter, the student's absence from school the educational
program to which the student is assigned because of the suspension
or expulsion is not a violation of
IC 20-8.1-3
or any other statute
relating to compulsory school attendance.
SOURCE: IC 20-8.1-6.1-8; (00)IN1317.1.7. -->
SECTION 7.
IC 20-8.1-6.1-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) As used in this
section, the following terms have the following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications are
denominated as kindergarten, elementary school, middle school
or junior high school, high school, and special schools or classes,
such as schools or classes for special education, vocational
training, or career education.
(2) "ADM" means the following:
(A) For purposes of allocating to a transfer student state
distributions under
IC 21-1-30
(primetime), "ADM" as
computed under
IC 21-1-30-2.
(B) For all other purposes, "ADM" as set forth in
IC 21-3-1.6-1.1.
(3) "Pupil enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the Indiana state board of education.
(B) The total number of students enrolled in a class of school
in a transferee school corporation on a date determined by the
Indiana state board of education.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) a student.
(4) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where the
child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized instruction program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
The Indiana state board of education may select a different date for
counts under subdivision (3). However, the same date shall be used for
all school corporations making a count for the same class of school.
(b) Each transferee corporation is entitled to receive for each school
year on account of each transferred student, except a student
transferred under section 3 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter. Transfer
tuition equals the amount determined under STEP THREE of the
following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the transfer
student is enrolled.
STEP TWO: If the transferee school included the transfer student
in the transferee school's ADM for a school year, allocate to the
transfer student a proportionate share of the following general
fund revenues of the transferee school for, except as provided in
clause (C), the calendar year in which the school year ends:
(A) The following state distributions that are computed in any
part using ADM or other pupil count in which the student is
included:
(i) Primetime grant under
IC 21-1-30.
(ii) Tuition support for basic programs and at-risk weights
under
IC 21-3-1.7-8
(before January 1, 1996) and only for
basic programs (after December 31, 1995).
(iii) Enrollment growth grant under
IC 21-3-1.7-9.5.
(iv) At-risk grant under
IC 21-3-1.7-9.7.
(v) Academic honors diploma award under
IC 21-3-1.7-9.8.
(vi) Vocational education grant under
IC 21-3-1.8-3.
(vii) Special education grant under
IC 21-3-1.8
(repealed
January 1, 1996) or
IC 21-3-10.
(viii) The portion of the ADA flat grant that is available for
the payment of general operating expenses under
IC 21-3-4.5-2
(b)(1).
(B) For school years beginning after June 30, 1997, property
tax levies.
(C) For school years beginning after June 30, 1997, excise tax
revenue (as defined in
IC 21-3-1.7-2
) received for deposit in
the calendar year in which the school year begins.
(D) For school years beginning after June 30, 1997, allocations
to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from the
STEP ONE amount.
If a child is placed in an institution or facility in Indiana under a court
order, the institution or facility shall charge the county office of the
county of the student's legal settlement under
IC 12-19-7
for the use of
the space within the institution or facility (commonly called capital
costs) that is used to provide educational services to the child based
upon a prorated per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state board
of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure which is made out of the general fund from
extracurricular account receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the Indiana state board of
education; multiplied by
(B) the number of students using the special equipment during
at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the pupil enrollment of each class in
the transferee corporation compared to the total pupil enrollment in the
school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the class
of school in which the transfer student is enrolled; by
(2) the pupil enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of pupil attendance, the transfer tuition
shall be calculated by the portion of the school year for which the
transferred student is enrolled. A school year of pupil attendance
consists of the number of days school is in session for pupil attendance.
A student, regardless of the student's attendance, is enrolled in a
transferee school unless the student is no longer entitled to be
transferred because of a change of residence
the student has been
excluded or expelled from school for the balance of the school year or
for an indefinite period, or the student has been confirmed to have
withdrawn from school. The transferor and the transferee corporation
may enter into written agreements concerning the amount of transfer
tuition due in any school year. Where an agreement cannot be reached,
the amount shall be determined by the Indiana state board of education,
and costs may be established, when in dispute, by the state board of
accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that ends
in the calendar year in which the revenues are received.
However, for state distributions under
IC 21-1-30
,
IC 21-3-10
, or any
other statute that computes the amount of a state distribution using less
than the total ADM of the transferee school, the transferee school shall
allocate the revenues to the transfer student by dividing the revenues
that the transferee school is eligible to receive in a calendar year by the
pupil count used to compute the state distribution.
(h) In lieu of the payments provided in subsection (b), the transferor
corporation or state owing transfer tuition may enter into a long term
contract with the transferee corporation governing the transfer of
students. This contract is for a maximum period of five (5) years with
an option to renew, and may specify a maximum number of pupils to
be transferred and fix a method for determining the amount of transfer
tuition and the time of payment, which may be different from that
provided in section 9 of this chapter.
(i) If the school corporation can meet the requirements of
IC 21-1-30-5
, it may negotiate transfer tuition agreements with a
neighboring school corporation that can accommodate additional
students. Agreements under this section may be for one (1) year or
longer and may fix a method for determining the amount of transfer
tuition or time of payment that is different from the method, amount,
or time of payment that is provided in this section or section 9 of this
chapter. A school corporation may not transfer a student under this
section without the prior approval of the child's parent or guardian.
(j) If a school corporation experiences a net financial impact with
regard to transfer tuition that is negative for a particular school year as
described in
IC 6-1.1-19-5.1
, the school corporation may appeal for an
excessive levy as provided under
IC 6-1.1-19-5.1.
SOURCE: IC 20-8.1-6.5-3; (00)IN1317.1.8. -->
SECTION 8.
IC 20-8.1-6.5-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3.
Transfer Tuition. (a)
The transferee corporation shall be entitled to receive from the
transferor corporation transfer tuition for each transferred student for
each school year calculated in two (2) parts: operating cost and capital
cost. These shall be allocated on a per student basis separately for each
class of school.
(b) The operating cost for each class of school shall be based on the
total expenditures of the transferee corporation for such class from its
general fund expenditures as set out on the classified budget forms
prescribed by the state board of accounts, excluding from such
calculation capital outlay, debt service, costs of transportation, salaries
of board members, contracted service for legal expenses and any
expenditure which is made out of the general fund from extracurricular
account receipts, for the school year.
(c) The capital cost for each class of school shall consist of the
lesser of the following two (2) alternatives: Alternative one shall be
based on an amount equal to five percent (5%) of the cost of transferee
corporation's physical plant, equipment and all appurtenances thereto
(including but not limited to buildings, additions and remodeling
thereof, except ordinary maintenance, on-site and off-site
improvements such as walks, sewers, waterlines, drives, and
playgrounds) theretofore paid or obligated to be paid in the future out
of the general fund, capital projects fund, or debt service fund,
including but not limited to principal and interest and lease rental
payments (or out of funds which were legal predecessors to these
funds). Where any item of physical plant, equipment appurtenances, or
portion thereof is more than twenty (20) years old at the beginning of
the school year, the capital cost thereof shall be disregarded in making
such computation. Alternate two shall be based on the amount
budgeted from the general fund for capital outlay for physical plant,
equipment and appurtenances and the amounts levied for the debt
service fund and the capital projects fund, for the calendar year in
which the school year ends.
(d) Where an item of expense or cost cannot be allocated to a class
of school, it shall be prorated to all classes of schools on the basis of
the ADM of each class in the transferee corporation compared to the
total ADM therein.
(e) The transfer tuition for each student transferred for each school
year shall be calculated by dividing the transferee school corporation's
total operating costs and the total capital costs for the class of school
in which the student is enrolled by the ADM of students therein. Where
a transferred student is enrolled in a transferee corporation for less than
the full school year the transfer tuition shall be calculated by the
proportion of such school year for which the transferred student is
enrolled. A school year for this purpose shall consist of the number of
days school is in session for pupil attendance. A student shall be
enrolled in a transferee school, whether or not he the student is in
attendance, unless his the student's residence is outside the area of
students transferred to the transferee corporation or he has been
excluded or expelled from school or the student has been confirmed
as a school dropout. The transferor and transferee corporations may
enter into written agreements concerning the amount of transfer tuition.
Where an agreement cannot be reached the amount shall be determined
by the superintendent of public instruction, with costs to be established,
where in dispute, by the state board of accounts.
(f) The transferor corporation shall also pay the transferee
corporation, when billed, the amount of book rental due from
transferred students who are unable to pay the amount thereof. The
transferor corporation shall be entitled to collect the amount of such
book rental from the appropriate township trustee, from its own funds,
or from any other source, in the amounts and manner provided by
applicable law.
SOURCE: IC 21-3-1.6-1.1; (00)IN1317.1.9. -->
SECTION 9.
IC 21-3-1.6-1.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1.1. As used in this
chapter:
(a) "School corporation" means any local public school corporation
established under Indiana law.
(b) "School year" means a year beginning July 1 and ending the next
succeeding June 30.
(c) "State distribution" due a school corporation means the amount
of state funds to be distributed to a school corporation in any calendar
year under this chapter.
(d) "Average daily membership" or "ADM" of a school corporation
means the number of eligible pupils enrolled in the school corporation
or in a transferee corporation on a day to be fixed annually by the
Indiana state board of education. Such day shall fall within the first
thirty (30) days of the school term. If, however, extreme patterns of
student in-migration, illness, natural disaster, or other unusual
conditions in a particular school corporation's enrollment on the
particular day thus fixed, cause the enrollment to be unrepresentative
of the school corporation's enrollment throughout a school year, the
Indiana state board of education may designate another day for
determining the school corporation's enrollment. The Indiana state
board of education shall monitor changes, which occur after the fall
count, in the number of students enrolled in programs for children with
disabilities and shall, before December 2 of that same year, make an
adjusted count of students enrolled in programs for children with
disabilities. The superintendent of public instruction shall certify the
adjusted count to the budget committee before February 5 of the
following year. In determining the ADM, each kindergarten pupil shall
be counted as one-half (1/2) pupil. Where a school corporation
commences kindergarten in a school year, the ADM of the current and
prior calendar years shall be adjusted to reflect the enrollment of the
kindergarten pupils. "Current ADM" of a school corporation used in
computing its state distribution in a calendar year means the ADM of
the school year ending in the calendar year. "ADM of the previous
year" or "ADM of the prior year" of a school corporation used in
computing its state distribution in a calendar year means the ADM of
the school corporation for the school year ending in the preceding
calendar year.
(e) "Additional count" of a school corporation, or comparable
language, means the aggregate of the additional counts of the school
corporation for certain pupils as set out in section 3 of this chapter and
as determined at the times for calculating ADM. "Current additional
count" means the additional count of the school corporation for the
school year ending in the calendar year. "Prior year additional count"
of a school corporation used in computing its state distribution in a
calendar year means the additional count of the school corporation for
the school year ending in the preceding calendar year.
(f) "Adjusted assessed valuation" of any school corporation used in
computing state distribution for a calendar year means the assessed
valuation in the school corporation, adjusted as provided in
IC 6-1.1-34.
The amount of the valuation shall also be adjusted
downward by the state board of tax commissioners to the extent it
consists of real or personal property owned by a railroad or other
corporation under the jurisdiction of a federal court under the federal
bankruptcy laws (11 U.S.C. 101 et seq.) if as a result of the corporation
being involved in a bankruptcy proceeding the corporation is
delinquent in payment of its Indiana real and personal property taxes
for the year to which the valuation applies. If the railroad or other
corporation in some subsequent calendar year makes payment of the
delinquent taxes, then the state superintendent of public instruction
shall prescribe adjustments in the distributions of state funds pursuant
to this chapter as are thereafter to become due to a school corporation
affected by the delinquency as will ensure that the school corporation
will not have been unjustly enriched under the provisions of
P.L.382-1987(ss).
(g) "General fund" means a school corporation fund established
under
IC 21-2-11-2.
(h) "Teacher" means every person who is required as a condition of
employment by a school corporation to hold a teacher's license issued
or recognized by the state, except substitutes and any person paid
entirely from federal funds.
(i) "Teacher ratio" of a school corporation used in computing state
distribution in any calendar year means the ratio assigned to the school
corporation pursuant to section 2 of this chapter.
(j) "Eligible pupil" means a pupil enrolled in a school corporation,
including a pupil who has received a suspension or an expulsion
under
IC 20-8.1-5.1
and is receiving educational services under
IC 20-8.1-5.1-3.5
, if:
(1) the school corporation has the responsibility to educate the
pupil in its public schools without the payment of tuition;
(2) subject to subdivision (5), the school corporation has the
responsibility to pay transfer tuition under
IC 20-8.1-6.1
, because
the pupil is transferred for education to another school
corporation (the "transferee corporation");
(3) the pupil is enrolled in a school corporation as a transfer
student under
IC 20-8.1-6.1-3
or entitled to be counted for ADM
or additional count purposes as a resident of the school
corporation when attending its schools under any other applicable
law or regulation;
(4) the state is responsible for the payment of transfer tuition to
the school corporation for the pupil under
IC 20-8.1-6.1
; or
(5) all of the following apply:
(A) The school corporation is a transferee corporation.
(B) The pupil does not qualify as a qualified pupil in the
transferee corporation under subdivision (3) or (4).
(C) The transferee corporation's attendance area includes a
state licensed private or public health care facility, child care
facility, or foster family home where the pupil was placed:
(i) by or with the consent of the division of family and
children;
(ii) by a court order; or
(iii) by a child placing agency licensed by the division of
family and children.
(k) "General fund budget" of a school corporation means the amount
of the budget approved for a given year by the state board of tax
commissioners and used by the state board of tax commissioners in
certifying a school corporation's general fund tax levy and tax rate for
the school corporation's general fund as provided for in
IC 21-2-11.