Introduced Version
HOUSE BILL No. 1404
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 20-2-9
;
IC 20-3.1-15-1
; IC 20-5; IC 20-8.1;
IC 20-10.1; IC 21-2; IC 21-3.
Synopsis: Textbooks for public school students. Provides an annual
state textbook grant to school corporations equal to $85 per average
daily membership (ADM) for providing textbooks to students.
Abolishes the textbook rental program and the school textbook library
program. Redefines "textbook" to include the various kinds of
instructional materials currently eligible for state reimbursement under
the textbook assistance program for students from low income families.
Continues the textbook reimbursement program for nonpublic school
students from low income families. Requires a school corporation to
establish a textbook fund and to appropriate money from the fund to
acquire textbooks to loan to all students without charge. Makes
conforming changes and includes transitional provisions.
Effective: Upon passage; July 1, 2001.
Cochran, Denbo
January 11, 2001, read first time and referred to Committee on Ways and Means.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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 2000 General Assembly.
HOUSE BILL No. 1404
A BILL FOR AN ACT to amend the Indiana Code concerning
education finance.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-2-9-6; (01)IN1404.1.1. -->
SECTION 1.
IC 20-2-9-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 6. (a) Where a school lunch fund or
a textbook rental fund is created under section 4 or section 5 of this
chapter, the receipts and expenditures for each the program shall be
made to and from the proper school lunch fund without appropriation
or the application of other laws relating to the budgets of local
government units.
(b) Where either or both programs the program under section 4 and
section 5 of this chapter are is handled through the extracurricular
account, the township trustee shall approve the amount of the bond of
the treasurer of the extracurricular account in an amount he considers
protects the account for all funds coming into the hands of that
treasurer.
SOURCE: IC 20-3.1-15-1; (01)IN1404.1.2. -->
SECTION 2.
IC 20-3.1-15-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. To provide the board
with the necessary flexibility and resources to carry out this article, the
following apply:
(1) The board may eliminate or modify existing policies and
create new policies, and alter policies from time to time, subject
to this article and the plan developed under
IC 20-3.1-7.
(2) IC 20-7.5 does not apply to matters set forth in this article.
The matters set forth in this article may not be the subject of
collective bargaining or discussion under IC 20-7.5.
(3) An exclusive representative certified under IC 20-7.5 to
represent certified employees of the school city, or any other
entity voluntarily recognized by the board as a representative of
employees providing educational services in the schools, may
bargain collectively only concerning salary, wages, and salary and
wage related fringe benefits. The exclusive representative may not
bargain collectively or discuss performance awards under
IC 20-3.1-12.
(4) The board of school commissioners may waive the following
statutes and rules for any school in the school city without the
need for administrative, regulatory, or legislative approval:
(A) The following rules concerning curriculum and
instructional time:
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4
(B) The following rules concerning pupil/teacher ratios:
511 IAC 6-2-1(b)(2)
511 IAC 6.1-4-1
(C) The following statutes and rules concerning textbooks, and
rules adopted under the statutes:
IC 20-10.1-9-1
IC 20-10.1-9-18
IC 20-10.1-9-21
IC 20-10.1-9-23
IC 20-10.1-9-27
IC 20-10.1-10-1
IC 20-10.1-10-2
511 IAC 6.1-5-5
(D) The following rules concerning school principals:
511 IAC 6-2-1(c)(4)
511 IAC 6.1-4-2
(E) 511 IAC 2-2, concerning school construction and
remodeling.
(5) Notwithstanding any other law, a school city may do the
following:
(A) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
city purpose.
(B) Establish a professional development and technology fund
to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or
local government taxation among any account of the school
corporation, including a professional development and
technology fund established under clause (B).
(6) Transfer funds obtained from property taxation among the
general fund (established under
IC 21-2-11
) and the school
transportation fund (established under
IC 21-2-11.5
), subject to
the following:
(A) The sum of the property tax rates for the general fund and
the school transportation fund after a transfer occurs under this
subdivision may not exceed the sum of the property tax rates
for the general fund and the school transportation fund before
a transfer occurs under this clause.
(B) This clause does not allow a school corporation to transfer
to any other fund money from the debt service fund
(established under
IC 21-2-4
).
SOURCE: IC 20-5-2-2; (01)IN1404.1.3. -->
SECTION 3.
IC 20-5-2-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. In carrying out the school
purposes of each school corporation, its governing body acting on its
behalf shall have the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment therefor.
(2.5) To appropriate from the general fund an amount, not to
exceed the greater of three thousand dollars ($3,000) per budget
year or one dollar ($1) per pupil, not to exceed twelve thousand
five hundred dollars ($12,500), based upon the school
corporation's previous year's average daily membership (as
defined in
IC 21-3-1.6-1.1
) for the purpose of promoting the best
interests of the school corporation by:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(3) To acquire, construct, erect, maintain, hold, and to contract for
such construction, erection, or maintenance of such real estate,
real estate improvements, or any interest in either, as the
governing body deems necessary for school purposes, including
but not limited to buildings, parts of buildings, additions to
buildings, rooms, gymnasiums, auditoriums, playgrounds, playing
and athletic fields, facilities for physical training, buildings for
administrative, office, warehouse, repair activities, or housing of
school owned buses, landscaping, walks, drives, parking areas,
roadways, easements and facilities for power, sewer, water,
roadway, access, storm and surface water, drinking water, gas,
electricity, other utilities and similar purposes, by purchase, either
outright for cash (or under conditional sales or purchases money
contracts providing for a retention of a security interest by seller
until payment is made or by notes where such contract, security
retention, or note is permitted by applicable law), by exchange, by
gift, by devise, by eminent domain, by lease with or without
option to purchase, or by lease under
IC 21-5-10
,
IC 21-5-11
, or
IC 21-5-12.
To repair, remodel, remove, or demolish any such real
estate, real estate improvements, or interest in either, as the
governing body deems necessary for school purposes, and to
contract therefor. To provide for energy conservation measures
through utility energy efficiency programs or under a guaranteed
energy savings contract as described in
IC 36-1-12.5.
(4) To acquire such personal property or any interest therein as
the governing body deems necessary for school purposes,
including but not limited to buses, motor vehicles, equipment,
apparatus, appliances, books, furniture, and supplies, either by
outright purchase for cash, or under conditional sales or purchase
money contracts providing for a security interest by the seller
until payment is made or by notes where such contract, security,
retention, or note is permitted by applicable law, by gift, by
devise, by loan, or by lease with or without option to purchase and
to repair, remodel, remove, relocate, and demolish such personal
property. All purchases and contracts delineated under the powers
given under subdivision (3) and this subdivision shall be subject
solely to applicable law relating to purchases and contracting by
municipal corporations in general and to the supervisory control
of agencies of the state as provided in section 3 of this chapter.
(5) To sell or exchange any of such real or personal property or
interest therein, which in the opinion of the governing body is not
necessary for school purposes, in accordance with
IC 20-5-5
, to
demolish or otherwise dispose of such property if, in the opinion
of the governing body, it is not necessary for school purposes and
is worthless, and to pay the expenses for such demolition or
disposition.
(6) To lease any school property for a rental which the governing
body deems reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children aged five (5) through fourteen (14) years that operates
before or after the school day, or both, and during periods
when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if the property subject to a long term lease is being paid
for from money in the school corporation's debt service fund, then
all proceeds from the long term lease shall be deposited in that
school corporation's debt service fund so long as the property has
not been paid for. The governing body may, at its option, use the
procedure specified in
IC 36-1-11-10
in leasing property under
this subdivision.
(7) To employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-6.1-3), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians, dentists,
nurses, accountants, teacher aides performing noninstructional
duties, educational and other professional consultants, data
processing and computer service for school purposes, including
but not limited to the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where approved
by the state board of accounts as provided below, and such other
personnel or services, all as the governing body considers
necessary for school purposes. To fix and pay the salaries and
compensation of such persons and such services. To classify such
persons or services and to adopt schedules of salaries or
compensation. To determine the number of such persons or the
amount of services thus employed or contracted for. To determine
the nature and extent of their duties. The compensation, terms of
employment, and discharge of teachers shall, however, be subject
to and governed by the laws relating to employment, contracting,
compensation, and discharge of teachers. The compensation,
terms of employment, and discharge of bus drivers shall be
subject to and shall be governed by any laws relating to
employment, contracting, compensation, and discharge of bus
drivers. The forms and procedures relating to the use of computer
and data processing equipment in handling the financial affairs of
such school corporation shall be submitted to the state board of
accounts for approval to the end that such services shall be used
by the school corporation when the governing body determines
that it is in the best interests of the school corporation while at the
same time providing reasonable accountability for the funds
expended.
(8) Notwithstanding the appropriation limitation in subdivision
(2.5), when the governing body by resolution deems a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including but not limited to attending meetings, conferences, or
examining equipment, buildings, and installation in other areas,
to permit such employee to be absent in connection with such trip
without any loss in pay and to refund to such employee or to such
member his reasonable hotel and board bills and necessary
transportation expenses. To pay teaching personnel for time spent
in sponsoring and working with school related trips or activities.
(9) To transport children to and from school, when in the opinion
of the governing body such transportation is necessary, including
but not limited to considerations for the safety of such children
and without regard to the distance they live from the school, such
transportation to be otherwise in accordance with the laws
applicable thereto.
(10) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including but not
limited to the establishment of kitchens, kitchen facilities, kitchen
equipment, lunch rooms, the hiring of the necessary personnel to
operate such program, and the purchase of any material and
supplies therefor, charging students for the operational costs of
such lunch program, fixing the price per meal or per food item. To
operate such lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in any
surplus commodity or lunch aid program.
(11) To purchase textbooks to and furnish them textbooks
without cost or to rent them to students to participate in any
textbook aid program, all in accordance with applicable law.
(12) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(13) To levy taxes, to make budgets, to appropriate funds, and to
disburse the money of the school corporation in accordance with
the laws applicable thereto. To borrow money against current tax
collections and otherwise to borrow money, in accordance with
IC 20-5-4.
(14) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or its employees in connection with motor vehicles or
property and for any additional coverage to the extent permitted
and in accordance with
IC 34-13-3-20.
To purchase additional
insurance or to establish and maintain a program of self-insurance
protecting the school corporation and members of the governing
body, employees, contractors, or agents of the school corporation
from any liability, risk, accident, or loss related to any school
property, school contract, school or school related activity,
including but not limited to the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting such persons against false imprisonment, false arrest,
libel, or slander for acts committed in the course of their
employment, protecting the school corporation for fire and
extended coverage and other casualty risks to the extent of
replacement cost, loss of use, and other insurable risks relating to
any property owned, leased, or held by the school corporation. To
purchase insurance or to establish and maintain a program of
self-insurance to benefit school corporation employees, which
may include accident, sickness, health, or dental coverage,
provided that any plan of self-insurance shall include an
aggregate stop-loss provision.
(15) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state government, the federal government, or
from any other source.
(16) To defend any member of the governing body or any
employee of the school corporation in any suit arising out of the
performance of his duties for or employment with, the school
corporation, provided the governing body by resolution
determined that such action was taken in good faith. To save any
such member or employee harmless from any liability, cost, or
damage in connection therewith, including but not limited to the
payment of any legal fees, except where such liability, cost, or
damage is predicated on or arises out of the bad faith of such
member or employee, or is a claim or judgment based on his
malfeasance in office or employment.
(17) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures for the government and management
of the schools, property, facilities, and activities of the school
corporation, its agents, employees, and pupils and for the
operation of its governing body, which rules, regulations, and
procedures may be designated by any appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(18) To ratify and approve any action taken by any member of the
governing body, any officer of the governing body, or by any
employee of the school corporation after such action is taken, if
such action could have been approved in advance, and in
connection therewith to pay any expense or compensation
permitted under
IC 20-5-1
through
IC 20-5-6
or any other law.
(19) To exercise any other power and make any expenditure in
carrying out its general powers and purposes provided in this
chapter or in carrying out the powers delineated in this section
which is reasonable from a business or educational standpoint in
carrying out school purposes of the school corporation, including
but not limited to the acquisition of property or the employment
or contracting for services, even though such power or
expenditure shall not be specifically set out herein. The specific
powers set out in this section shall not be construed to limit the
general grant of powers provided in this chapter except where a
limitation is set out in
IC 20-5-1
through
IC 20-5-6
by specific
language or by reference to other law.
SOURCE: IC 20-5-6-6; (01)IN1404.1.4. -->
SECTION 4.
IC 20-5-6-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 6. (1) (a) Where a school lunch
fund and a textbook rental fund are is created in accordance with
section 4 or 5 of this chapter, the receipts and expenditures therefrom
for the program to which each relates shall be made to and from such
fund without appropriation or the application of other statutes and rules
relating to the budgets of municipal corporations.
(2) (b) Where either the lunch program or textbook rental program
are is handled through the extracurricular account, the governing body
of the school corporation shall approve the amount of the bond of the
treasurer of the extracurricular account in an amount deemed by it
sufficient to protect the account for all funds coming into the hands of
the treasurer of such account.
SOURCE: IC 20-5-62-5; (01)IN1404.1.5. -->
SECTION 5.
IC 20-5-62-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. Notwithstanding any
other law, the operation of the following is suspended for a freeway
school corporation or a freeway school if the governing body of the
school corporation elects to have the specific statute or rule suspended
in the contract:
(1) The following statutes and rules concerning curriculum and
instructional time:
IC 20-10.1-2-2
IC 20-10.1-4-6
IC 20-10.1-4-7
IC 20-10.1-4-9.1
511 IAC 6-7-6
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4
(2) The following rules concerning pupil/teacher ratios:
511 IAC 6-2-1(b)(2)
511 IAC 6.1-4-1
(3) The following statutes and rules concerning textbooks:
IC 20-10.1-9-1
IC 20-10.1-9-18
IC 20-10.1-9-21
IC 20-10.1-9-23
IC 20-10.1-9-27
IC 20-10.1-10-1
IC 20-10.1-10-2
511 IAC 6.1-5-5
(4) 511 IAC 6-7, concerning graduation requirements.
(5) 511 IAC 6-2-1(c)(4), concerning pupil/principal ratios.
(6) 511 IAC 2-2, concerning school construction and remodeling.
(7)
IC 20-1-1.2
, concerning the performance-based accreditation
system.
(8)
IC 20-10.1-16
, concerning the ISTEP program established
under IC 20-10.1-16-8, if an alternative locally adopted norm and
criterion referenced assessment program is adopted under section
6(7) of this chapter.
SOURCE: IC 20-8.1-1-19; (01)IN1404.1.6. -->
SECTION 6.
IC 20-8.1-1-19
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 19. As used in this article, "textbook" has the
meaning set forth in
IC 20-10.1-1-12.5.
SOURCE: IC 20-8.1-9-9.5; (01)IN1404.1.7. -->
SECTION 7.
IC 20-8.1-9-9.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9.5. (a) If a parent of a
child or an emancipated minor who is enrolled in an accredited
nonpublic school meets the financial eligibility standard under section
2 of this chapter, the parent or the emancipated minor may receive a
reimbursement from the department
as provided in this chapter for the
costs or some of the costs incurred by the parent or emancipated minor
in fees that are
reimbursable under section 9 of this chapter. The extent
to which the fees are reimbursable under this section may not exceed
the percentage rates of reimbursement under section 9 of this chapter.
described in subsection (g). In addition, if a child enrolls in an
accredited nonpublic school after the initial request for reimbursement
is filed under subsection
(b), (f), the parent of the child or the
emancipated minor who meets the financial eligibility standard
under
section 2 of this chapter may receive a reimbursement from the
department for the costs or some of the costs incurred
in fees that are
reimbursable under section 9 of this chapter for items described in
subsection (g)(2) by applying to the accredited nonpublic school for
assistance. In this case, the provisions of this section apply, except that
section 9.6 of this chapter applies to the making of the supplemental
request for reimbursement by the principal or other designee of the
accredited nonpublic school.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the state
board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to
the accredited nonpublic school. The accredited nonpublic school shall
make a determination of financial eligibility subject to appeal by the
parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for
assistance, subsection (a) applies.
(f) In order to be guaranteed some level of reimbursement from the
department, the principal or other designee shall submit the
reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the
department:
(1) the number of students who are enrolled in that accredited
nonpublic school and who are eligible for assistance under this
chapter;
(2) the costs incurred in providing:
(A) textbooks (including textbooks used in special education
and gifted and talented classes); and
(B) workbooks and consumable textbooks (including
workbooks, consumable textbooks, and other consumable
teaching materials that are used in special education and gifted
and talented classes) that are used by students for no more
than one (1) school year;
(3) that each textbook described in subdivision (2)(A) and
included in the reimbursement request (except those textbooks
used in special education classes and gifted and talented classes)
has been adopted by the
Indiana state board of education under
IC 20-10.1-9-1
or has been waived by the
Indiana state board of
education under
IC 20-10.1-9-27
;
(4) that the amount of reimbursement requested for each textbook
under subdivision (3) does not exceed twenty percent (20%) of
the costs incurred for the textbook, as provided in the textbook
adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable teaching
material used in special education and gifted and talented classes)
under subdivision (2)(B), if applicable, does not exceed one
hundred percent (100%) of the costs incurred for the workbook or
consumable textbook (or other consumable teaching material used
in special education and gifted and talented classes);
(6) that the amount of reimbursement requested for each textbook
used in special education and gifted and talented classes is
amortized for the number of years in which the textbook is used;
and
(7) any other information required by the department, including
copies of purchase orders used to acquire consumable teaching
materials used in special education and gifted and talented
classes.
(h) If the amount of reimbursement requested before November 1
of a particular school year exceeds the amount of money appropriated
to the department for this purpose, the department shall proportionately
reduce the amount of reimbursement to each accredited nonpublic
school. An accredited nonpublic school may submit a supplemental
reimbursement request under section 9.6 of this chapter. The parent or
emancipated minor is entitled to receive a supplemental reimbursement
only if there are funds available. The department shall proportionately
reduce the amount of supplemental reimbursement to the accredited
nonpublic schools if the amount requested exceeds the amount of
money available to the department for this purpose.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) IC 20-8.1-9-9(h) applies to parents or emancipated minors as
described in this section. A parent receiving other governmental
assistance or aid that considers educational needs in computing the
entire amount of assistance granted may not be denied assistance
if the applicant's total family income does not exceed the standards
established by this chapter.
(k) The accredited nonpublic school and the department shall
maintain complete and accurate information concerning the number of
applicants determined to be eligible for assistance under this section.
(l) The state board of education shall adopt rules under
IC 4-22-2
to
implement this section.
SOURCE: IC 20-8.1-9-9.6; (01)IN1404.1.8. -->
SECTION 8.
IC 20-8.1-9-9.6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9.6. (a) The principal
or other designee of an accredited nonpublic school may make a
supplemental request for reimbursement from the department after
April 1 but before May 1 of a school year for some or all of the
additional costs incurred in fees that are
reimbursable under section 9
described in section 9.5(g) of this chapter by the parent of a child or
emancipated minor who
enroll enrolls in the accredited nonpublic
school after the initial request for reimbursement is filed under section
9.5(f) of this chapter.
(b) In its supplemental request, the principal or other designee must
certify to the department the following:
(1) The number of additional students who enrolled in the
accredited nonpublic school as described in subsection (a).
(2) The costs incurred in providing the materials described in
section 9.5(g)(2) of this chapter pertaining to the number of
additional students.
(3) The same information as described in section 9.5(g)(3)
through 9.5(g)(7) of this chapter as pertaining to the number of
additional students.
(c) This section applies only if there are funds available. These
supplemental distributions shall be made by the department in
accordance with section 9.5(h) of this chapter.
SOURCE: IC 20-8.1-9-11; (01)IN1404.1.9. -->
SECTION 9.
IC 20-8.1-9-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. Under
extraordinary circumstances, the township trustee may pay for the fees
enumerated in section 3 of this chapter for school supplies and
required class fees other than fees for textbooks furnished under
IC 20-10.1-11.5
for individuals who do not otherwise qualify under the
financial eligibility standard established in this chapter. are enrolled
in a school corporation. Assistance in such cases may be provided by
the township trustee under IC 12-20.
SOURCE: IC 20-8.1-9-14; (01)IN1404.1.10. -->
SECTION 10.
IC 20-8.1-9-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) The school
textbook reimbursement contingency fund is established for the
purpose of reimbursing school corporations (or certain eligible parents
of children who attend accredited nonpublic schools or emancipated
minors who attend accredited nonpublic schools as provided in section
9.5 of this chapter) for assistance provided under this chapter. The fund
consists of money appropriated to the fund by the general assembly.
The state superintendent of public instruction shall administer the fund.
(b) 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.
SOURCE: IC 20-10.1-1-12.5; (01)IN1404.1.11. -->
SECTION 11.
IC 20-10.1-1-12.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12.5. As used in this
article, the term "textbook" means systematically organized material,
designed to provide a specific level of instruction in a subject matter
category.
The term includes the following:
(1) Instructional material that is used by students for more
than one (1) year, including material used in special education
and gifted and talented classes.
(2) Workbooks and consumable instructional material that
are used by students for not more than one (1) school year,
including workbooks, consumable textbooks, and other
consumable instructional materials that are used in special
education and gifted and talented classes.
(3) Developmentally appropriate material used:
(A) for instruction in kindergarten through grade 3,
laboratories, and children's literature programs; and
(B) instead of items described in subdivisions (1) and (2).
SOURCE: IC 20-10.1-9-19; (01)IN1404.1.12. -->
SECTION 12.
IC 20-10.1-9-19
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. Time Basis
Purchase. When a school corporation purchases textbooks on a time
basis, the schedule for payments shall coincide with pupil payments to
the school corporation for textbook rental and the schedule shall not
require the school corporation to assume a greater burden than payment
of twenty-five percent (25%) within thirty (30) days after the beginning
of the school year immediately following delivery by the contracting
publisher with the school corporation's promissory note evidencing the
unpaid balance.
SOURCE: IC 20-10.1-9-20; (01)IN1404.1.13. -->
SECTION 13.
IC 20-10.1-9-20
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. Each school
corporation may borrow money to buy textbooks and may issue notes,
maturing serially in not more than six (6) years and payable from its
general textbook fund, to secure the loan. However, when an adoption
is made by the state board of education for less than six (6) years, the
period of time for which the notes may be issued is limited to the
period of time for which that adoption is effective. Notwithstanding
other provisions of this section, a school township may not borrow
money to purchase textbooks unless a petition requesting such an
action and bearing the signatures of twenty-five percent (25%) of the
resident taxpayers of the school township has been presented to and
approved by the township trustee and township board.
SOURCE: IC 20-10.1-10-1; (01)IN1404.1.14. -->
SECTION 14.
IC 20-10.1-10-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) Except as
provided in subsections (b) and (c) subsection (b) and all laws to the
contrary notwithstanding, each governing body shall purchase from a
contracting publisher, at the net contract price or at any subsequent
lower price, the textbooks adopted by the Indiana state board of
education and selected by the proper local officials and shall rent these
textbooks to each student enrolled in any public school which is in
compliance with the minimum certification standards of the Indiana
state board of education and is located within the attendance unit
served by the governing body.
(b) This section does not prohibit the purchase of these textbooks at
the option of any student or the providing of free textbooks by the
governing body under
IC 20-10.1-11.
(c) to carry out
IC 20-10.1-11.5.
(b) This section does not prohibit a governing body from suspending
the operation of this section under a contract entered into under
IC 20-5-62.
SOURCE: IC 20-10.1-10-2; (01)IN1404.1.15. -->
SECTION 15.
IC 20-10.1-10-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Each governing
body may purchase from a contracting publisher, at the net contract
price or at any subsequent lower price, any textbook adopted by the
state board of education and selected by the proper local officials and
may rent these to carry out
IC 20-10.1-11.5.
(b) In addition to the purchases described in subsection (a), the
school corporation may purchase sufficient textbooks to rent
textbooks to students enrolled in any public or nonpublic school which
is in compliance with the minimum certification standards of the
Indiana state board of education and is located within the attendance
unit served by the governing body. at an The annual rental not to may
not exceed twenty-five percent (25%) of the retail price of the
textbooks.
(b) However, the governing body may not assess a rental fee of
more than fifteen percent (15%) of the retail price of a textbook that
has been:
(1) adopted for usage by students under IC 20-10.1-9;
(2) extended for usage by students under IC 20-10.1-9-1(b); and
(3) paid for through rental fees previously collected.
(c) This section does not limit any other laws but is supplementary.
SOURCE: IC 20-10.1-11.5; (01)IN1404.1.16. -->
SECTION 16.
IC 20-10.1-11.5
IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Chapter 11.5. Textbooks
Sec. 1. As used in this chapter, "student" means a student
enrolled in a school corporation, including transfer students.
Sec. 2. As used in this chapter, "textbook fund" refers to the
fund established under
IC 21-2-19-3.
Sec. 3. A governing body shall do the following:
(1) Acquire and maintain a sufficient number of textbooks to
meet the needs of each student.
(2) Appropriate from the textbook fund the money necessary
to acquire textbooks.
(3) Loan free of charge to each student all textbooks
prescribed for the student's grade or classes.
(4) Prescribe guidelines for the following:
(A) The availability of textbooks to students.
(B) The care and custody of textbooks by students.
(C) The return of nonconsumable textbooks by students.
(5) Provide facilities for the safekeeping of textbooks.
(6) Fumigate or destroy textbooks at the times and under
rules and regulations prescribed by local and state health
authorities or determined by the governing body.
Sec. 4. The parent of a student who is loaned a textbook under
this chapter is financially responsible for the following according
to the guidelines adopted by the school corporation under this
chapter:
(1) Wear, except for reasonable wear, on a textbook.
(2) Loss, mutilation, or defacement of a textbook.
(3) Failure to return a textbook to the school corporation
upon request.
(4) Other matters concerning the use and care of textbooks.
Sec. 5. If a student is transferred to a school corporation other
than the one in which the student is a resident under
IC 20-8.1-6.1
,
the governing body of the school corporation to which the student
is transferred shall provide textbooks to the transferred student.
The annual settlement between school corporations for tuition of
transferred students must include amounts for furnishing
textbooks to transferred students at a rate determined by the
board.
Sec. 6. A governing body may sell textbooks to students who
wish to purchase textbooks at the price stipulated in the contracts
under which the books are purchased by the school corporation.
Money from sales to students must be paid into the textbook fund.
Sec. 7. A school corporation may not conduct a textbook rental
program for students of the school corporation for a school year
beginning after June 30, 2001.
SOURCE: IC 21-2-1-3; (01)IN1404.1.17. -->
SECTION 17.
IC 21-2-1-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The trustee, with
the advice and consent of the township board, shall use such "seminary
lands school account" for the following educational purposes:
(1) Each year the trustee shall pay to the parent or legal guardian
of any child, whose residence is within said township, initial cost
for the rental of textbooks used in any
nonpublic elementary or
secondary school which has been duly accredited by the state of
Indiana. Such reimbursement for the rental of school books shall
be for the initial yearly rental charge only, and books
subsequently lost or destroyed shall not be paid for from this
account.
(2) Students who are residents of said the township for the last
two (2) years of their secondary education and who still reside
within said the township shall receive financial assistance in an
amount not to exceed an amount determined by the trustee and
the township board during an annual review of higher education
fees and tuition costs of post-high school education at any
accredited college, university, junior college, or vocational or
trade school. Amounts to be paid to each eligible student shall be
set annually following this review. The amount so paid each year
shall be equitable for every eligible student without regard to race,
religion, creed, sex, disability, or national origin and must be
based on the number of students and the amount of funds
available each year.
(3) A person who has been a permanent resident of the township
continuously for at least two (2) years and who needs educational
assistance for job training or retraining may apply to the trustee
of the township for financial assistance. The trustee and the
township board shall review each application and make assistance
available according to the need of each applicant and the
availability of funds.
(4) If all the available funds are not used in any one (1) year, said
unused funds shall be retained in said the account by the trustee
for use in succeeding years.
(b) The bond required by law for the trustee shall be increased by an
amount equal to the sum of the seminary township school fund and the
average annual rental income from said seminary lands.
(c) All funds and accounts provided in this chapter and the
accumulation thereof shall be periodically audited and examined in the
same manner provided by law for public money.
(d) All expenditures and payments made under this chapter shall be
made only after necessary expenditures for the protection and
maintenance of the seminary land in good and safe condition are first
made from the annual rental income.
SOURCE: IC 21-2-11-2; (01)IN1404.1.18. -->
SECTION 18.
IC 21-2-11-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The governing body
of each school corporation
in the state of Indiana shall establish a
general fund for the operation and maintenance of local schools and
levy a tax therefor. All receipts and disbursements
heretofore
authorized by law for school funds and tax levies for the tuition fund,
special school fund, special fund, vocational fund, recreation fund,
compulsory education fund, school library fund, high school library
fund, public employee's retirement fund, operating fund, transportation
tax, and county wide school tax shall on and after January 1, 1968, be
received in and disbursed from the general fund. The tax levy and rate
for the general fund shall be established by the governing body of each
school corporation for the 1968 calendar year and all succeeding each
calendar years. Any balances of all the aforesaid funds on January 1,
1968 shall be transferred to the general fund. year.
SOURCE: IC 21-2-11-5; (01)IN1404.1.19. -->
SECTION 19.
IC 21-2-11-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. Any self-supporting
programs maintained by any school corporation, including but not
limited to school lunch, and rental or sale of textbooks, may be
established as separate funds, separate and apart from the general fund,
if no local tax rate is established therefor. for the program.
SOURCE: IC 21-2-19; (01)IN1404.1.20. -->
SECTION 20.
IC 21-2-19
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 19. Textbook Fund
Sec. 1. As used in this chapter, "fund" refers to the textbook
fund established under section 3 of this chapter.
Sec. 2. As used in this chapter, "textbook" has the meaning set
forth in
IC 20-10.1-1-12.5.
Sec. 3. A school corporation shall establish a textbook fund.
Sec. 4. Money in the fund may be used only for the following
purposes:
(1) Payment of principal and interest on loans obtained by the
school corporation to purchase textbooks.
(2) Implementation of
IC 20-10.1-11.5.
Sec. 5. A school corporation shall deposit in the fund the
following:
(1) State textbook grant distributions.
(2) Receipts from rental fees under
IC 20-10.1-10-2.
(3) Revenue designated by statute for the fund.
(4) Revenue of the school corporation that the governing body
designates for the fund.
Sec. 6. Money in the fund at the end of a school year or fiscal
year does not revert to the general fund of the school corporation.
SOURCE: IC 21-3-1.7-3.1; (01)IN1404.1.21. -->
SECTION 21.
IC 21-3-1.7-3.1
, AS AMENDED BY P.L.3-2000,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3.1. (a) As used in this chapter, "previous year
revenue" for calculations with respect to a school corporation equals:
(1) the school corporation's tuition support for regular programs,
including basic tuition support, and excluding:
(A) special education grants;
(B) vocational education grants;
(C) at-risk programs;
(D) the enrollment adjustment grant;
(E) for 1999 and thereafter, the academic honors diploma
award; and
(F) for 2001 and thereafter, the primetime distribution; and
(G) the textbook grant (IC 21-3-13);
for the year that precedes the current year; plus
(2) the school corporation's tuition support levy for the year that
precedes the current year before the reductions required under
section 5(1), 5(2), and 5(3) of this chapter; plus
(3) the school corporation's excise tax revenue for the year that
precedes the current year by two (2) years; minus
(4) an amount equal to the reduction in the school corporation's
tuition support under subsection (b) or
IC 20-10.1-2-1
, or both.
(b) A school corporation's previous year revenue shall be reduced
if:
(1) the school corporation's state tuition support for special or
vocational education was reduced as a result of a complaint being
filed with the department of education after December 31, 1988,
because the school program overstated the number of children
enrolled in special or vocational education programs; and
(2) the school corporation's previous year revenue has not been
reduced under this subsection more than one (1) time because of
a given overstatement.
The amount of the reduction equals the amount the school corporation
would have received in tuition support for special and vocational
education because of the overstatement.
SOURCE: IC 21-3-13; (01)IN1404.1.22. -->
SECTION 22.
IC 21-3-13
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 13. Textbook Grant
Sec. 1. As used in this chapter, "textbook fund" refers to the
textbook fund established under
IC 21-2-19-3.
Sec. 2. A school corporation is eligible for an annual textbook
grant from the state general fund in an amount equal to the school
corporation's current ADM multiplied by eighty-five dollars ($85).
Sec. 3. The textbook grant shall be distributed monthly in twelve
(12) equal installments.
Sec. 4. A school corporation shall deposit the money received
from the textbook grant in the school corporation's textbook fund
for use only for the purposes specified in
IC 21-2-19-4.
SOURCE: IC 20-2-9-5; IC 20-5-6-5; IC 20-8.1-9-3; IC 20-8.1-9-4;
IC 20-8.1-9-5; IC 20-8.1-9-6; IC 20-8.1-9-9; IC 20-8.1-9-9.1; IC 20-
10.1-1-12; IC 20-10.1-9-23; IC 20-10.1-11.
; (01)IN1404.1.23. -->
SECTION 23. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2001]:
IC 20-2-9-5
;
IC 20-5-6-5
;
IC 20-8.1-9-3
;
IC 20-8.1-9-4
;
IC 20-8.1-9-5
;
IC 20-8.1-9-6
;
IC 20-8.1-9-9
;
IC 20-8.1-9-9.1
;
IC 20-10.1-1-12
;
IC 20-10.1-9-23
;
IC 20-10.1-11.
SOURCE: ; (01)IN1404.1.24. -->
SECTION 24. [EFFECTIVE UPON PASSAGE] (a) On June 30,
2001, a school corporation shall transfer any unencumbered money
in any fund or account used for textbook rental fees to the textbook
fund established under
IC 21-2-19
, as added by this act. The money
transferred under this SECTION may be used for any purpose for
which other money in the textbook fund may be used.
(b) This SECTION expires July 1, 2002.
SOURCE: ; (01)IN1404.1.25. -->
SECTION 25. [EFFECTIVE JULY 1, 2001] (a) The state board of
tax commissioners shall make any necessary adjustments to the:
(1) maximum permissible ad valorem property tax levy
imposed by IC 6-1.1-18.5; and
(2) poor relief levy;
of each township to reflect the effect of the repeal of
IC 20-8.1-9-3
by this act on the obligation of township trustees to pay school fees
for textbooks under
IC 20-8.1-9-11
, as amended by this act.
(b) The state board of tax commissioners shall make any
necessary adjustments to the general fund property tax levy of
each school corporation that operated an elementary school library
or a high school library under
IC 20-10.1-11
(as effective on June
30, 2001) to provide free textbooks to resident students before July
1, 2001, to reflect the transfer of textbook funding to the school
corporation's textbook fund established under
IC 21-2-19
, as added
by this act.
(c) Any loan:
(1) obtained to purchase textbooks (as defined in
IC 20-10.1-1-12.5
, as amended by this act); and
(2) payable from a school general fund before July 1, 2001;
shall be paid from the school textbook fund after June 30, 2001.
(d) This SECTION expires January 1, 2004.
SOURCE: ; (01)IN1404.1.26. -->
SECTION 26. [EFFECTIVE JULY 1, 2001] (a) Notwithstanding
IC 21-3-13
, as added by this act, a school corporation is entitled in
2001 to only fifty percent (50%) of the amount of the textbook
grant specified in
IC 21-3-13-2
, as added by this act, to be
distributed in six (6) monthly installments.
(b) This section expires July 1, 2002.
SOURCE: ; (01)IN1404.1.27. -->
SECTION 27.
An emergency is declared for this act.