Citations Affected: IC 20-8.1; IC 20-10.1; IC 20-11; IC 21-1; IC 21-3; noncode.
Synopsis: Education matters. Conference committee report for ESB 290. Makes a technical
correction to the school funding formula to: (1) eliminate an expiration provision that conflicts
with the formula; and (2) update cross references to expired provisions. Allows the department
of education to make alternative education program grants to school corporations more than
once a year if the aggregate amount of the grants does not exceed $750 per full-time equivalent
student. Requires the director of the division of special education to coordinate an interagency
task force to: (1) review services and funding sources available for children and young adults
with disabilities and their families; and (2) submit a report to the legislature and the agencies
involved. (This conference committee report removes language that establishes a method for
honorably discharged veterans who did not receive high school diplomas because they joined
the military before graduating to receive diplomas, makes a technical correction to the school
funding formula, and adds a special education teacher to the task force.)
Effective: Upon passage; July 1, 2002.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 290 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and
that the Senate now concur in all House amendments to the bill and that
the bill be further amended as follows:
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 21-3-2.1
,
IC 21-3-12
, 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.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. Upon review of
the applications received under section 5 of this chapter and receipt of
the recommendations from the advisory committee under section 10 of
this chapter, the department may award grants to school corporations
subject to available money and in accordance with the following
priorities:
(1) To the extent possible, to achieve geographic balance
throughout Indiana and to include urban, suburban, and rural
school corporations.
(2) To address a documented need for new or expanded school
intervention or career counseling programs, including considering
the percentage of students within the school corporation who are
designated as at-risk students. under IC 21-3-1.8-1.1.
(3) To promote innovative methods for initiating or expanding
school intervention or career counseling programs.
(4) To reward school corporations that propose school intervention
or career counseling programs that demonstrate the greatest
potential for replication and implementation in Indiana.
(5) To lower school counselor/student ratios where the ratios are
excessively high.
chapter, the following shall be used:
(1) Kindergarten pupils shall be counted as five-tenths (0.5). All
other pupils shall be counted as one (1).
(2) The number of pupils shall be the number of pupils used in
determining ADM, as defined by
IC 21-3-1.6
, for the current year.
(3) The staff cost amount for a school corporation is sixty-eight
thousand four hundred forty-two dollars ($68,442) for 2002 and
sixty-nine thousand eight hundred eleven dollars ($69,811) for
2003.
(4) The guaranteed amount for a school corporation is the
primetime allocation, before any penalty is assessed under this
chapter, that the school corporation would have received under this
chapter for the 1999 calendar year.
(5) The at-risk index is the index determined under
IC 21-3-1.8-1.1.
IC 21-3-1.6-1.1.
(6) The following apply to determine whether amounts received
under this chapter have been devoted to reducing class size in
kindergarten through grade 3 as required by section 3(b) of this
chapter:
(A) Except as permitted under section 5.5 of this chapter, only
a licensed teacher who is an actual classroom teacher in a regular
instructional program is counted as a teacher.
(B) If a school corporation is granted approval under section 5.5
of this chapter, the school corporation may include as one-third
(1/3) of a teacher each classroom instructional aide who meets
qualifications and performs duties prescribed by the Indiana state
board of education.
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
(repealed) 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 department of local government finance 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). The amount of the valuation shall also be adjusted
downward by the department of local government finance to the extent
it consists of real or personal property described in
IC 6-1.1-17-0.5
(b).
(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.
census.
grants under
IC 21-3-2.1
, and for vocational education grants
under
IC 21-3-12
for a particular year, exceeds:
(1) three billion three hundred sixty-three million four hundred
thousand dollars ($3,363,400,000) in 2001;
(2) three billion four hundred seventy-one million one hundred
thousand dollars ($3,471,100,000) in 2002; and
(3) three billion five hundred ninety-four million two hundred
thousand dollars ($3,594,200,000) in 2003;
the amount to be distributed for tuition support under this chapter to
each school corporation during each of the last six (6) months of the
year shall be reduced by the same dollar amount per ADM (as adjusted
by
IC 21-3-1.6-1.1
) so that the total reductions equal the amount of the
excess.
section even if the pupil is served in more than one (1) program.
(c) A pupil may not be included in the nonduplicated count in this
section and in the nonduplicated count of pupils in programs for
severe disabilities in section 3 of this chapter.
Sec. 5. In its duplicated count of pupils in programs for
communication disorders, a school corporation shall count each
pupil served, even if the pupil is served in another special education
program.
Sec. 6. (a) In its cumulative count of pupils in homebound
programs, a school corporation shall count each pupil who
received homebound instruction up to and including December 1
of the current year plus each pupil who received homebound
instruction after December 1 of the prior school year.
(b) A school corporation may include a pupil in its cumulative
count of pupils in homebound programs even if the pupil also is
included in its nonduplicated count of pupils in programs for
severe disabilities, its nonduplicated count of pupils in programs
for mild and moderate disabilities, or its duplicated count of pupils
in programs for communication disorders.
Sec. 7. The amount of the grant that a school corporation is
entitled to receive for special education programs is equal to:
(1) the nonduplicated count of pupils in programs for severe
disabilities multiplied by:
(A) eight thousand forty-five dollars ($8,045) in 2002; and
(B) eight thousand two hundred forty-six dollars ($8,246) in
2003; plus
(2) the nonduplicated count of pupils in programs of mild and
moderate disabilities multiplied by:
(A) two thousand one hundred eighty-three dollars ($2,183)
in 2002; and
(B) two thousand two hundred thirty-eight dollars ($2,238)
in 2003; plus
(3) the duplicated count of pupils in programs for
communication disorders multiplied by:
(A) five hundred eighteen dollars ($518) in 2002; and
(B) five hundred thirty-one dollars ($531) in 2003; plus
(4) the cumulative count of pupils in homebound programs
multiplied by:
(A) five hundred eighteen dollars ($518) in 2002; and
(B) five hundred thirty-one dollars ($531) in 2003.
Sec. 8. Participation in a program is not required to the extent of
full-time equivalency. The Indiana state board of education shall
adopt rules further defining the nature and extent of participation
and the type of program qualifying for approval. No count shall be
made on any program that has not been approved by the Indiana
state board of education or where a pupil is not participating to the
extent required by any rule of the board.
Sec. 9. If a new special education program is created by rule of
the Indiana state board of education or by the United States
Department of Education, the Indiana state board of education
shall determine whether the program shall be included in the list
of programs for severe disabilities or in the list of programs for
mild and moderate disabilities.
Sec. 10. This chapter expires January 1, 2004.".
Delete pages 2 through 3.
____________________________ ____________________________
Senator LubbersRepresentative Porter
Chairperson
____________________________ ____________________________
Senator SipesRepresentative Behning
Senate Conferees House Conferees