Introduced Version






SENATE BILL No. 448

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 21-3-13.

Synopsis: Education funding for expelled students. Provides for the distribution of state and local funds to a public or nonpublic school (including a home school) that enrolls a student that a school corporation has expelled.

Effective: July 1, 2002.





Breaux




    January 14, 2002, read first time and referred to Committee on Education.







Introduced

Second Regular Session 112th General Assembly (2002)


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.
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SENATE BILL No. 448



    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:

    SECTION 1. IC 21-3-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 13. Funding for Education of Expelled Students
    Sec. 1. As used in this chapter, "ADM" has the meaning set forth in IC 21-3-1.6-1.1.
    Sec. 2. As used in this chapter, "board" has the meaning set forth in IC 20-10.1-1-17.
    Sec. 3. As used in this chapter, "department" has the meaning set forth in IC 20-10.1-1-18.
    Sec. 4. As used in this chapter, "eligible student" means a student who:
        (1) is expelled by a school corporation under IC 20-8.1-5.1 ; and
        (2) has legal settlement in the expelling school corporation.
    Sec. 5. As used in this chapter, "expelling school corporation" means a school corporation that expels a student under

IC 20-8.1-5.1.
    Sec. 6. As used in this chapter, "governing body" has the meaning set forth in IC 20-10.1-1-5.
    Sec. 7. As used in this chapter, "legal settlement" has the meaning set forth in IC 20-8.1-1-7.1.
    Sec. 8. As used in this chapter, "nonpublic school" has the meaning set forth in IC 20-10.1-1-3.
    Sec. 9. As used in this chapter, "public school" has the meaning set forth in IC 20-10.1-1-2.
    Sec. 10. As used in this chapter, "receiving school" means a public or nonpublic school in Indiana that:
        (1) enrolls an eligible student; and
        (2) is not a school in the school corporation where the eligible student has legal settlement.
    Sec. 11. As used in this chapter, "school corporation" has the meaning set forth in IC 20-10.1-1-1.
    Sec. 12. At a time established by the department, an expelling school corporation shall report to the department the name and address of each eligible student.
    Sec. 13. At a time established by the department, a receiving school that wishes to receive distributions under this chapter must notify:
        (1) the department; and
        (2) the governing body of the expelling school corporation;
of the name and address of each eligible student enrolled in the receiving school. The department, with the assistance of the governing body, shall verify the accuracy of this information.
    Sec. 14. (a) The department shall distribute to a receiving school a proportionate share of the following state and federal support for an eligible student:
        (1) Tuition support and other state funding for any purpose.
        (2) If the eligible student is a student with disabilities, state and federal funds provided for students with disabilities or for staff services for students with disabilities.
        (3) If the eligible student qualifies for federal or state aid under a categorical aid program, funds provided under that program.
    (b) The distribution under this section shall be:
        (1) made on the same schedule as other state funds are distributed to school corporations; and
        (2) deducted from the distributions of other state funds to the expelling school corporation.


    Sec. 15. An eligible student counts each year in the ADM of the expelling school corporation.
    Sec. 16. (a) The governing body of the expelling school corporation shall distribute to the receiving school a proportionate share of local support for the eligible student in an amount determined under STEP TWO of the following formula:
        STEP ONE: Add the revenues obtained by the school corporation's:
            (A) general fund property tax levy; and
            (B) general fund motor vehicle excise and financial institutions excise tax.
        STEP TWO: Divide the sum determined under STEP ONE by the total number of students enrolled in the school corporation.

    (b) The distribution under this section shall be made on the same schedule that the school corporation receives the revenues listed in subsection (a).
     Sec. 17. (a) This section applies to receiving schools that are public schools.
    (b) Distributions under this chapter shall be made as follows:
        (1) If the receiving school is a noncharter school, to the school corporation in which the noncharter school is located.

        (2) If the receiving school is a charter school, to the organizer of the charter school.
    Sec. 18. The department shall establish a method to adjust the distributions under this chapter to a school that is a receiving school for less than a full school year.
    Sec. 19. Distributions under this chapter to a receiving school cease when a formerly eligible student:
        (1) reenrolls in; or
        (2) changes legal settlement from;
the expelling school corporation.
    Sec. 20. (a) The department shall establish guidelines to implement this chapter.
    (b) The board may adopt rules under IC 4-22-2 to implement this chapter.