Introduced Version
HOUSE BILL No. 1891
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-5-2-1.2; IC 20-6.1-6-1; IC 20-8.1;
IC 20-10.1-30; IC 20-12-76; IC 21-3-1.6-1.1; IC 31-37-19-28;
IC 34-13-3-5; IC 34-30-2-85.1; IC 35-45-2-1; IC 35-50-3.5.
Synopsis: Discipline in schools. Requires a school corporation to
provide an educational program for students who receive expulsions.
Provides that a teacher who is assaulted while performing the teacher's
duties must receive full compensation for any resulting leave that is
required by the teacher and that the compensation does not count
against the teacher's sick leave or vacation leave benefits. Provides that
an expelled student's education program may include an assignment to
attend various kinds of programs. Provides a funding grant
administered by the department of education, establishes the amount
of the grant as equal to the amount provided per pupil under current
law for alternative education grants, and obtains funding from money
appropriated under current law for alternative education grants.
Requires consultation with a teacher acting in an advisory capacity
before action is initiated to suspend or expel a student or to take other
disciplinary action against a student. Provides that an expelled student's
absence from the student's educational program is a violation of the
compulsory school attendance laws. Provides for the payment of
transfer tuition for transfer students who are expelled. Requires the
reporting of a threat or intimidation of a school employee. Requires the
department of education to establish and seek the adoption as a local
school policy of a parental declaration of responsibilities concerning
the education of the parent's child. Includes in the average daily
membership (ADM) of a school corporation those expelled students
who receive educational services.
Establishes a specific actionable
(Continued next page)
Effective: July 1, 2001.
Dvorak
January 17, 2001, read first time and referred to Committee on Education.
Digest Continued
offense for communicating a threat by using school or other
governmental property, including electronic equipment or systems.
Provides for notification of a student's principal by the court if the
student is adjudicated to be a delinquent child or if the student is
convicted of a criminal offense.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
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. 1891
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; (01)IN1891.1.1. -->
SECTION 1. IC 20-5-2-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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 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 20-6.1-6-1; (01)IN1891.1.2. -->
SECTION 2. IC
20-6.1-6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) A school
corporation may grant a teacher a leave of absence, for at most one (1)
year, for a sabbatical or for disability or sick leave. The school
corporation may grant consecutive leaves. A school corporation may
grant partial compensation for any leave in an amount it determines.
However, if a teacher:
(1) on a sabbatical serves an employer that agrees to reimburse
the school corporation in whole or in part of the amount of the
teacher's regular salary, the school corporation may grant full or
partial compensation;
or
(2) is assaulted while performing the teacher's duties:
(A) the school corporation shall grant full compensation
for any resulting leave required by the teacher until the
teacher's physician certifies that the teacher is capable of
performing the teacher's regular teaching duties; and
(B) the compensation granted under clause (A) does not
count against the teacher's sick leave or vacation leave
benefits.
Any teacher who is pregnant shall be granted a leave of absence for the
period provided in and subject to the provisions of section 4 of this
chapter. Except where a contract is not required under IC
20-6.1-4-10
through IC
20-6.1-4-16
in any situation occurring before or after the
commencement of leave, the teacher and the school corporation shall
execute a regular teacher's contract for each school year in which any
part of the teacher's leave is granted, and the teacher shall have the
right to return to a teaching position for which the teacher is certified
or otherwise qualified in accordance with the rules of the state board
of education.
(b) Rights existing at the time leave commences, which arise from
a teacher's:
(1) status as a permanent teacher;
(2) accumulation of successive years of service;
(3) service performed under a teacher's contract pursuant to
IC
20-6.1-4-9
; or
(4) status or rights negotiated under IC
20-7.5
;
shall remain intact except as provided in subsection (a).
(c) During leave, the teacher may maintain coverage in any group
insurance program by paying the total premium including the school
corporation's share, if any, attributable to the leave period. The school
corporation may elect to pay all or part of the cost of the premium as an
adopted or negotiated fringe benefit to teachers on leave.
(d) During leave extending into a part of a school year, a teacher
shall accumulate sick leave in accordance with the provisions of
IC
20-6.1-5-6
, or any salary schedule of the school corporation
providing greater sick leave, in the same proportion which the number
of days the teacher is paid during such year for work or leave bears to
the total number of days for which teachers are paid in the school
corporation.
(e) During leave of a nonpermanent teacher, the period of
probationary successive years of service under a teacher's contract
which is a condition precedent to becoming a permanent teacher under
IC
20-6.1-4-9
shall be uninterrupted for that teacher except as provided
in subsection (a). However, this probationary period shall not include
an entire school year spent on leave.
(f) All or part of a leave granted for sickness or disability, including
pregnancy-related disability, may be charged at the teacher's discretion
to the teacher's available sick days. However, the teacher is not entitled
to take accumulated sick leave days when the teacher's physician
certifies that the teacher is capable of performing the teacher's regular
teaching duties. The teacher is entitled to complete the remaining leave
without pay.
SOURCE: IC 20-8.1-1-10; (01)IN1891.1.3. -->
SECTION 3. IC 20-8.1-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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 20-8.1-3-2; (01)IN1891.1.4. -->
SECTION 4. IC 20-8.1-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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; (01)IN1891.1.5. -->
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, 2001]:
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 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) A correspondence course.
(5) A cooperative program with another school corporation.
(6) A program under the supervision of the judicial system.
(7) An educational program that the school corporation
designs.
(c) A grant program is established to assist in the funding of
educational programs for expelled students. The department of
education shall:
(1) distribute grants under this section at the time that the
department distributes alternative education program grants
under IC 21-3-11; and
(2) provide grants from money appropriated for alternative
education program grants under IC 21-3-11.
The amount of the grant to each school corporation must equal the
number of expelled students receiving educational services from
the school corporation multiplied by the per pupil amount
provided by the alternative education program grant under
IC 21-3-11. However, a student who is counted for purposes of
receiving an alternative education grant may not count for
purposes of determining the amount of a grant under this section.
(d) Attendance at an educational program assigned under this
section satisfies the compulsory school attendance requirements of
IC 20-8.1-3.
SOURCE: IC 20-8.1-5.1-7.5; (01)IN1891.1.6. -->
SECTION 6. IC 20-8.1-5.1-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7.5. Before a person may initiate
action to suspend or expel a student under this chapter, the person
must consult the following in an advisory capacity:
(1) A teacher, if any, who is involved in the matter giving rise
to possible disciplinary action against the student.
(2) A classroom teacher of the student.
SOURCE: IC 20-8.1-5.1-18; (01)IN1891.1.7. -->
SECTION 7. IC 20-8.1-5.1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) This section
applies to a person who:
(1) is a member of the administrative staff, a teacher, or other
school staff member; and
(2) has students under the person's charge.
(b) A person may take disciplinary action in addition to suspension
and expulsion that is necessary to ensure a safe, orderly, and effective
educational environment.
However, if the person who wishes to take
disciplinary action under this section is not a teacher of the
student, before the person may take disciplinary action under this
section, the person must consult the following in an advisory
capacity:
(1) A teacher, if any, who is involved in the matter giving rise
to possible disciplinary action against the student.
(2) A classroom teacher of the student.
(c) Disciplinary action under this section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
(3) Assigning additional work.
(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular school
hours to do additional school work or for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's class for
a period not to exceed:
(A) five (5) class periods for middle, junior high, or high
school students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work to
complete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where the recipient
of the disciplinary action is enrolled of not more than one hundred
twenty (120) hours of service with a nonprofit organization
operating in or near the community where the school is located or
where the student resides. The following apply to service assigned
under this subdivision:
(A) A principal may not assign a student under this
subdivision unless the student's parent or guardian approves:
(i) the nonprofit organization where the student is assigned;
and
(ii) the plan described in clause (B)(i).
A student's parent or guardian may request or suggest that the
principal assign the student under this subdivision.
(B) The principal shall make arrangements for the student's
service with the nonprofit organization. Arrangements must
include the following:
(i) A plan for the service that the student is expected to
perform.
(ii) A description of the obligations of the nonprofit
organization to the student, the student's parents, and the
school corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service by
the principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to the
principal and the student's parent or guardian of the student's
performance of the service.
(C) The nonprofit organization must obtain liability insurance
in the amount and of the type specified by the school
corporation where the student is enrolled that is sufficient to
cover liabilities that may be incurred by a student who
performs service under this subdivision.
(D) Assignment of service under this subdivision suspends the
implementation of a student's suspension or expulsion. A
student's completion of service assigned under this subdivision
to the satisfaction of the principal and the nonprofit
organization terminates the student's suspension or expulsion.
(10) Removal of a student from school sponsored transportation.
(11) Referral to the juvenile court having jurisdiction over the
student.
(c) (d) As used in this subsection, "physical assault" means the
knowing or intentional touching of another person in a rude, insolent,
or angry manner. When a student physically assaults a person having
authority over the student, the principal of the school where the student
is enrolled shall make a referral of the student to the juvenile court
having jurisdiction over the student. However, a student with
disabilities (as defined in IC 20-1-6.1-7) who physically assaults a
person having authority over the student is subject to procedural
safeguards under 20 U.S.C. 1415.
SOURCE: IC 20-8.1-5.1-24; (01)IN1891.1.8. -->
SECTION 8. IC 20-8.1-5.1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. (a) If a student is
suspended or expelled from a school or from any educational function
under this chapter, the student's absence from school 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.
(b) If a student is expelled from a school or from any
educational function under this chapter, the student's absence from
the educational program to which the student is assigned because
of the expulsion is 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; (01)IN1891.1.9. -->
SECTION 9. IC 20-8.1-6.1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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; (01)IN1891.1.10. -->
SECTION 10. IC 20-8.1-6.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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 20-8.1-12.5; (01)IN1891.1.11. -->
SECTION 11. IC 20-8.1-12.5 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Chapter 12.5. Reporting Requirements; Threat or Intimidation
of a School Employee
Sec. 1. As used in this chapter, "intimidation" refers to
intimidation under IC 35-45-2-1.
Sec. 2. As used in this chapter, "threat" has the meaning set
forth in IC 35-45-2-1.
Sec. 3. In addition to any other duty to report arising under this
article, an individual who has reason to believe that a school
employee has received a threat or is the victim of intimidation shall
report that information as required by this article.
Sec. 4. (a) If an individual who is required to make a report
under this article is a member of the staff of a school, the
individual shall make the report by immediately notifying the
principal of the school that a school employee may have received
a threat or may be the victim of intimidation.
(b) An individual who receives a report under subsection (a)
shall immediately make a report or cause a report to be made
under section 6 of this chapter.
Sec. 5. This chapter does not relieve an individual of the
obligation to report a threat or intimidation on the individual's
own behalf, unless a report has already been made to the best of
the individual's belief.
Sec. 6. A person who has a duty under this chapter to report
that a school employee may have received a threat or may be the
victim of intimidation shall immediately make an oral report to the
local law enforcement agency.
Sec. 7. Except as provided in section 8 of this chapter, a person,
other than a person accused of making a threat or intimidating a
school employee, who:
(1) makes, or causes to be made, a report under this chapter;
(2) participates in any judicial proceeding or other
proceeding:
(A) resulting from a report under this chapter; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise
be imposed because of such actions.
Sec. 8. A person who has acted maliciously or in bad faith is not
immune from civil or criminal liability under this chapter.
Sec. 9. A person making a report under this chapter or assisting
in any requirement of this chapter is presumed to have acted in
good faith.
SOURCE: IC 20-10.1-30; (01)IN1891.1.12. -->
SECTION 12. IC 20-10.1-30 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Chapter 30. Parental Declaration of Responsibilities
Sec. 1. This chapter applies to public schools.
Sec. 2. As used in this chapter, "declaration" refers to a
parental declaration of responsibilities created under this chapter.
Sec. 3. The department shall do the following:
(1) Work with parent and teacher organizations to create a
parental declaration of responsibilities that meets the
requirements of this chapter.
(2) Work with parent and teacher organizations to
periodically revise the declaration when the department
considers revision necessary.
(3) Encourage schools and school corporations to adopt the
declaration as a policy of the school or school corporation.
(4) Encourage parents at the beginning of each school year to
agree in writing to carry out to the best of the parents'
abilities the responsibilities set forth in the declaration.
Sec. 4. A parental declaration of responsibilities created under
section 3 of this chapter must do the following:
(1) Reflect the policy that there is no adequate substitute for
the involvement of a concerned and committed parent or
family in the education of a child.
(2) Reflect the policy that a school should welcome and foster
positive involvement in the school by parents and families.
(3) Encourage parents and families to become involved in the
education of children.
(4) Reflect the following elements as among the most
important elements of effective parental and family
involvement in education:
(A) Regular, two-way, meaningful communication between
parents and schools.
(B) Effective parenting skills exercised by parents for the
benefit of their children, and fostered by schools.
(C) Parental involvement in student learning in which
parents play an integral role in student learning by
emphasizing the importance of education, and in which
schools assist parents in this endeavor.
(D) Volunteerism in which parents are welcomed by
schools, and parents commit themselves to providing
support to their children's schools as volunteers.
(E) School based decision making in which parents involve
themselves in the educational decision making process at
the school and school corporation level and are welcomed
in that role by the schools.
(5) Identify the responsibilities of parents and families.
(6) Identify the responsibilities of schools in helping parents
and families meet parental responsibilities as stated in the
declaration.
(7) Include other elements of effective parental involvement
that the department identifies.
SOURCE: IC 21-3-1.6-1.1; (01)IN1891.1.13. -->
SECTION 13. IC
21-3-1.6-1.1
, AS AMENDED BY P.L.93-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: 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. In determining the ADM, each pupil enrolled in
a public school and a nonpublic school is to be counted on a full-time
equivalency basis as provided in section 1.2 of this chapter. "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 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;
(iii) by a child placing agency licensed by the division of
family and children; or
(iv) by a parent or guardian under IC
20-8.1-6.1-5
.
(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
.
SOURCE: IC 31-37-19-28; (01)IN1891.1.14. -->
SECTION 14. IC 31-37-19-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 28. (a) Whenever a court
adjudicates a child to be a delinquent child, the court shall notify
the principal of any public or nonpublic elementary or secondary
school that the child attends of the adjudication and disposition of
the case.
(b) Upon written request of an authorized representative of the
school, the court, if the court considers it appropriate, may
authorize the attorney for the county office of family and children
to give the principal of the school a statement of the facts in the
case.
(c) A principal who receives information under subsection (a) or
(b):
(1) shall release the information to any employees of the
school having responsibility for classroom instruction with the
child; and
(2) may release the information to any school administrative,
transportation, or counseling personnel and any teacher or
school employee with whom the student may come in contact.
However, the information must otherwise remain confidential and
may not become part of the child's school records.
SOURCE: IC 34-30-2-85.1; (01)IN1891.1.15. -->
SECTION 15. IC 34-30-2-85.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 85.1. IC 20-8.1-12.5-7
(Concerning a person who reports or causes a report to be made of
a threat against, or intimidation of, a school employee).
SOURCE: IC 35-45-2-1; (01)IN1891.1.16. -->
SECTION 16. IC 35-45-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) A person who
communicates a threat to another person, with the intent that:
(1) the other person engage in conduct against his the other
person's will; or
(2) the other person be placed in fear of retaliation for a prior
lawful act;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any
pending criminal proceeding against the person making the
threat; or
(iv) is an employee of a school corporation; or
(C) the person has a prior unrelated conviction for an offense
under this section concerning the same victim; and or
(D) the threat is communicated using property, including
electronic equipment or systems, of a school corporation or
other governmental entity; and
(2) Class C felony if, while committing it, the person draws or
uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an
intention to:
(1) unlawfully injure the person threatened or another person, or
damage property;
(2) unlawfully subject a person to physical confinement or
restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to
another person's legal claim or defense, except for a reasonable
claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or
ridicule; or
(7) falsely harm the credit or business reputation of the person
threatened.
SOURCE: IC 35-50-3.5; (01)IN1891.1.17. -->
SECTION 17. IC 35-50-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 3.5. Release of Certain Criminal Records of a Child to
a School the Child Attends
Sec. 1. Whenever a court convicts a child of an offense, the court
shall notify the principal of any public or nonpublic school that the
child attends of the child's conviction and sentence for the offense.
Sec. 2. Upon written request of an authorized representative of
the school, the court, if the court considers it appropriate, may
authorize the prosecuting attorney to give the principal of the
school a statement of the facts of the case.
Sec. 3. A principal who receives information under section 1 or
2 of this chapter:
(1) shall release the information to employees of the school
having responsibility for classroom instruction with the child;
and
(2) shall release the information to employees of the school
having responsibility for school safety.
Sec. 4. Information released under this chapter may not become
part of the child's school records.
SOURCE: ; (01)IN1891.1.18. -->
SECTION 18. [EFFECTIVE JULY 1, 2001]
To the extent that
IC 20-6.1-6-1, as amended by this act, conflicts with the terms of a
collective bargaining agreement under IC 20-7.5, IC 20-6.1-6-1
applies to a collective bargaining agreement that is entered into,
amended, or renewed under IC 20-7.5 after June 30, 2001.