SB 501-1_ Filed 04/02/2003, 15:45
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
7
NO:
2
MR. SPEAKER:
Your Committee on Education , to which was referred Senate Bill 501 , has had
the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 6-1.1-19-1.5; (03)CR050101.1. -->
SECTION 1.
IC 6-1.1-19-1.5
, AS AMENDED BY P.L.90-2002,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003 (RETROACTIVE)]: Sec. 1.5. (a)
The following definitions apply throughout this section and
IC 21-3-1.7
:
(1) "Adjustment factor" means the adjustment factor determined
by the department of local government finance for a school
corporation under
IC 6-1.1-34.
(2) "Adjusted target property tax rate" means:
(A) the school corporation's target general fund property tax
rate determined under
IC 21-3-1.7-6.8
; multiplied by
(B) the school corporation's adjustment factor.
(3) "Previous year property tax rate" means the school
corporation's previous year general fund property tax rate after the
reductions cited in
IC 21-3-1.7-5
(1),
IC 21-3-1.7-5
(2), and
IC 21-3-1.7-5
(3).
(b) Except as otherwise provided in this chapter, a school
corporation may not, for an ensuing calendar year, impose a general
fund ad valorem property tax levy which exceeds the following:
STEP ONE: Determine the result of:
(A) the school corporation's adjusted target property tax rate;
minus
(B) the school corporation's previous year property tax rate.
STEP TWO: Determine the result of:
(A) the school corporation's target general fund property tax
rate determined under
IC 21-3-1.7-6.8
; multiplied by
(B) the quotient resulting from:
(i) the absolute value of the result of the school corporation's
adjustment factor minus one (1); divided by
(ii) two (2).
STEP THREE: If the school corporation's adjusted target property
tax rate:
(A) exceeds the school corporation's previous year property tax
rate, perform the calculation under STEP FOUR and not under
STEP FIVE;
(B) is less than the school corporation's previous year property
tax rate, perform the calculation under STEP FIVE and not
under STEP FOUR; or
(C) equals the school corporation's previous year property tax
rate, determine the levy resulting from using the school
corporation's adjusted target property tax rate and do not
perform the calculation under STEP FOUR or STEP FIVE.
The school corporation's 2002 assessed valuation shall be used for
purposes of determining the levy under clause (C) in 2002 and in
2003.
STEP FOUR: Determine the levy resulting from using the school
corporation's previous year property tax rate after increasing the
rate by the lesser of:
(A) the STEP ONE result; or
(B) the sum of:
(i) five cents ($0.05); plus
(ii) if the school corporation's adjustment factor is more than
one (1), the STEP TWO result.
The school corporation's 2002 assessed valuation shall be used for
purposes of determining the levy under this STEP in 2002 and in
2003.
STEP FIVE: Determine the levy resulting from using the school
corporation's previous year property tax rate after reducing the
rate by the lesser of:
(A) the absolute value of the STEP ONE result; or
(B) the sum of:
(i) nine cents ($0.09); plus
(ii) if the school corporation's adjustment factor is less than
one (1), the STEP TWO result.
The school corporation's 2002 assessed valuation shall be used for
purposes of determining the levy under this STEP in 2002 and in
2003.
STEP SIX: Determine the result of:
(A) the STEP THREE (C), STEP FOUR, or STEP FIVE result,
whichever applies; plus
(B) an amount equal to the annual decrease in federal aid to
impacted areas from the year preceding the ensuing calendar
year by three (3) years to the year preceding the ensuing
calendar year by two (2) years.
The maximum levy is to include the portion of any excessive levy
and the levy for new facilities.
STEP SEVEN: Determine the result of:
(A) the STEP SIX result; plus
(B) the product of:
(i) the amount determined under
IC 21-3-1.7-6.7
(c)
STEP SIX; multiplied by
(ii) thirty-five hundredths (0.35); multiplied by
(iii) the number of students, as determined by the
department of education, who have legal settlement in
the school corporation and are enrolled in a charter
school. In determining the number of students, each
kindergarten pupil shall be counted as one-half (1/2)
pupil.
The result determined under this STEP may not be included
in the school corporation's adjusted base levy for the year
following the year in which the result applies or in the school
corporation's determination of tuition support.
(c) For purposes of this section, "total assessed value", as adjusted
under subsection (d), with respect to a school corporation means the
total assessed value of all taxable property for ad valorem property
taxes first due and payable during that year.
(d) The department of local government finance may adjust the total
assessed value of a school corporation to eliminate the effects of
appeals and settlements arising from a statewide general reassessment
of real property.
(e) The department of local government finance shall annually
establish an assessment ratio and adjustment factor for each school
corporation to be used upon the review and recommendation of the
budget committee. The information compiled, including background
documentation, may not be used in a:
(1) review of an assessment under
IC 6-1.1-8
,
IC 6-1.1-13
,
IC 6-1.1-14
, or
IC 6-1.1-15
;
(2) petition for a correction of error under
IC 6-1.1-15-12
; or
(3) petition for refund under
IC 6-1.1-26.
(f) All tax rates shall be computed by rounding the rate to the
nearest one-hundredth of a cent ($0.0001). All tax levies shall be
computed by rounding the levy to the nearest dollar amount.
SOURCE: IC 6-1.1-19-12; (03)CR050101.2. -->
SECTION 2.
IC 6-1.1-19-12
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003 (RETROACTIVE)]: Sec. 12. (a) Not later than
the date on which the department of local government finance
certifies a final action under
IC 6-1.1-17-16
, the department of
local government finance shall provide to each county auditor the
amount determined under
IC 20-5.5-7-3
(c)(6) for each charter
school attended by a student who has legal settlement in both the
county and a school corporation located in the county.
(b) This subsection applies beginning with the first distribution
of property taxes to a school corporation after December 31, 2003.
At the same time a county auditor distributes property taxes to a
school corporation, the county auditor shall distribute to a charter
school the amount described in subsection (a) for the charter
school.
(c) A distribution of property taxes to a school corporation does
not include an amount distributed under subsection (b).
SOURCE: IC 20-5.5-1-1.3; (03)CR050101.3. -->
SECTION 3.
IC 20-5.5-1-1.3
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 1.3.
"ADM of the previous year" or "ADM of the prior year" has the
meaning set forth in
IC 21-3-1.6-1.1
(m).
SOURCE: IC 20-5.5-1-1.5; (03)CR050101.4. -->
SECTION 4.
IC 20-5.5-1-1.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 1.5.
"Average daily membership" or "ADM" has the meaning set forth
in
IC 21-3-1.6-1.1
(d).
SOURCE: IC 20-5.5-1-5.5; (03)CR050101.5. -->
SECTION 5.
IC 20-5.5-1-5.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 5.5.
"Current ADM" has the meaning set forth in
IC 21-3-1.6-1.1
(n).
SOURCE: IC 20-5.5-3-16; (03)CR050101.6. -->
SECTION 6.
IC 20-5.5-3-16
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 16. (a) Notwithstanding any other provision of this
chapter, not more than twenty-five (25) charter schools may be
established in Indiana.
(b) When the department has received notice of the acceptance
of twenty-five (25) charter school proposals, the department shall
notify each potential sponsor of a charter school that no further
proposals may be accepted.
SOURCE: IC 20-5.5-6-1; (03)CR050101.7. -->
SECTION 7.
IC 20-5.5-6-1
, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1.
(a) Except as provided in subsection (b),
individuals who work at a charter school are employees of the charter
school or of an entity with which the charter school has contracted to
provide services.
(b) Teachers in a conversion charter school are employees of
both the charter school and the school corporation that sponsored
the charter school. For purposes of the collective bargaining
agreement, conversion charter school teachers are considered
employees of the school corporation that sponsored the charter
school.
(c) All benefits accrued by teachers as employees of the
conversion charter school are the financial responsibility of the
conversion charter school. The conversion charter school is
required to pay those benefits directly or to reimburse the school
corporation for the cost of the benefits.
(d) All benefits accrued by a teacher during the time that the
teacher was an employee only of the school corporation that
sponsored the charter school are the financial responsibility of the
school corporation. The school corporation is required to pay those
benefits directly or to reimburse the conversion charter school for
the cost of the benefits.
(e) For any other purpose, a teacher is an employee of the
charter school.
SOURCE: IC 20-5.5-7-3; (03)CR050101.8. -->
SECTION 8.
IC 20-5.5-7-3
, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003 (RETROACTIVE)]: Sec. 3. (a) Not later than the
date established by the department for determining average daily
membership under
IC 21-3-1.6-1.1
(d),
and after May 31, the organizer
shall submit to the department the following information
on a form
prescribed by the department:
(1) The number of students enrolled in the charter school.
(2) The name
and address of each student.
and
(3) The name of the school corporation in which the student
resides. has legal settlement.
(4) The name of the school corporation, if any, that the
student attended during the immediately preceding school
year.
(5) The grade level in which the student will enroll in the
charter school.
The department shall verify the accuracy of the information
reported.
(b)
After verifying the accuracy of the information reported under
subsection (a), This subsection applies after December 31 of the
calendar year in which a charter school begins its initial operation.
The department shall distribute
the following to the organizer
(1) Tuition support and other state funding for any purpose for
students in the charter school.
(2) A proportionate share of state and federal funds received for
students with disabilities or staff services for students with
disabilities for the students with disabilities enrolled in the charter
school.
(3) A proportionate share of funds received under federal or state
categorical aid programs for students who are eligible for the
federal or state aid enrolled in the charter school. the amount
determined under
IC 21-3-1.7
for the charter school. The
department shall make a distribution under this subsection at
the same time and in the same manner as the department
makes a distribution under
IC 21-3-1.7.
(c) Not later than the date established by the department for
determining average daily membership under IC 21-3-1.6-1.1(d), the
organizer shall submit to each governing body a report of the total
number and names of students from the governing body's school
corporation enrolled in the charter school. Upon verifying the accuracy
of the information reported, the governing body shall distribute to the
organizer a proportionate share of local support for the students
enrolled in the charter school in an amount determined under STEP
THREE 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 auto excise and financial institutions tax.
STEP TWO: Divide the sum determined under STEP ONE by the
total number of students enrolled in the school corporation.
STEP THREE: Multiply the quotient determined under STEP
TWO by the number of students enrolled in the charter school.
(d) The distribution under subsection (b) shall be made on the same
schedule as the schedule on which the school corporation receives the
funds.
(c) The department shall provide to the department of local
government finance the following information:
(1) For each county, the number of students who:
(A) have legal settlement in the county; and
(B) attend a charter school.
(2) The school corporation in which each student described in
subdivision (1) has legal settlement.
(3) The charter school that a student described in subdivision
(1) attends and the county in which the charter school is
located.
(4) The amount determined under
IC 6-1.1-19-1.5
(b) STEP
SEVEN for each school corporation described in subdivision
(2).
(5) The amount determined under STEP TWO of the
following formula:
STEP ONE: Determine the product of:
(A) the amount determined under
IC 21-3-1.7-6.7
(b) for
a charter school described in subdivision (3); multiplied
by
(B) thirty-five hundredths (0.35).
STEP TWO: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the current ADM of a charter school described in
subdivision (3).
(6) The amount determined under STEP THREE of the
following formula:
STEP ONE: Determine the number of students described
in subdivision (1) who:
(A) attend the same charter school; and
(B) have legal settlement in the same school corporation
located in the county.
STEP TWO: Determine the subdivision (5) STEP ONE
amount for a charter school described in STEP ONE (A).
STEP THREE: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the STEP TWO amount.
SOURCE: IC 20-5.5-7-3.5; (03)CR050101.9. -->
SECTION 9.
IC 20-5.5-7-3.5
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2003 (RETROACTIVE)]:
Sec. 3.5. (a)
This section applies to a conversion charter school.
(b) Not later than the date established by the department for
determining average daily membership under
IC 21-3-1.6-1.1
(d),
and after July 2, the organizer shall submit to a governing body on
a form prescribed by the department the information reported
under section 3(a) of this chapter for each student who:
(1) is enrolled in the organizer's conversion charter school;
and
(2) has legal settlement in the governing body's school
corporation.
(c) Beginning not more than sixty (60) days after the department
receives the information reported under section 3(a) of this
chapter, the department shall distribute to the organizer:
(1) tuition support and other state funding for any purpose for
students enrolled in the conversion charter school;
(2) a proportionate share of state and federal funds received
for students with disabilities or staff services for students with
disabilities for students with disabilities enrolled in the
conversion charter school; and
(3) a proportionate share of funds received under federal or
state categorical aid programs for students who are eligible
for the federal or state categorical aid and are enrolled in the
conversion charter school;
for the second six (6) months of the calendar year in which the
conversion charter school is established. The department shall
make a distribution under this subsection at the same time and in
the same manner as the department makes a distribution to the
governing body of the school corporation in which the conversion
charter school is located. A distribution to the governing body of
the school corporation in which the conversion charter school is
located is reduced by the amount distributed to the conversion
charter school. This subsection does not apply to a conversion
charter school after December 31 of the calendar year in which the
conversion charter school is established.
(d) The subsection applies beginning with the first property tax
distribution described in
IC 6-1.1-27-1
to the governing body of the
school corporation in which a conversion charter school is located
after the governing body receives the information reported under
subsection (b). Not more than ten (10) days after the governing
body receives a property tax distribution described in
IC 6-1.1-27-1
, the governing body shall distribute to the conversion
charter school the amount determined under STEP THREE of the
following formula:
STEP ONE: Determine the quotient of:
(A) the number of students who:
(i) are enrolled in the conversion charter school; and
(ii) were counted in the ADM of the previous year for the
school corporation in which the conversion charter
school is located; divided by
(B) the current ADM of the school corporation in which
the conversion charter school is located.
In determining the number of students enrolled under clause
(A)(i), each kindergarten pupil shall be counted as one-half
(1/2) pupil.
STEP TWO: Determine the total amount of the following
revenues to which the school corporation in which the
conversion charter school is located is entitled for the second
six (6) months of the calendar year in which the conversion
charter school is established:
(A) Revenues obtained by the school corporation's:
(i) general fund property tax levy; and
(ii) excise tax revenue (as defined in
IC 21-3-1.7-2
).
(B) The school corporation's certified distribution of
county adjusted gross income tax revenue under
IC 6-3.5-1.1
that is to be used as property tax replacement
credits.
STEP THREE: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the STEP TWO amount.
(e) Subsection (d) does not apply to a conversion charter school
after the later of the following dates:
(1) December 31 of the calendar year in which the conversion
charter school is established.
(2) Ten (10) days after the date on which the governing body
of the school corporation in which the conversion charter
school is located receives the final distribution described in
IC 6-1.1-27-1
of revenues to which the school corporation in
which the conversion charter school is located is entitled for
the second six (6) months of the calendar year in which the
conversion charter school is established.
(f) This subsection applies during the second six (6) months of
the calendar year in which a conversion charter school is
established. A conversion charter school may apply for an advance
from the charter school advancement account under
IC 20-5.5-7.5
in the amount determined under STEP FOUR of the following
formula:
STEP ONE: Determined the result under subsection (d) STEP
ONE (A).
STEP TWO: Determine the difference between:
(A) the conversion charter school's current ADM; minus
(B) the STEP ONE amount.
STEP THREE: Determine the quotient of:
(A) the STEP TWO amount; divided by
(B) the conversion charter school's current ADM.
STEP FOUR: Determine the product of:
(A) the STEP THREE amount; multiplied by
(B) the quotient of:
(i) the subsection (d) STEP TWO amount; divided by
(ii) two (2).
SOURCE: IC 20-5.5-7-5; (03)CR050101.10. -->
SECTION 10.
IC 20-5.5-7-5
, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003 (RETROACTIVE)]: Sec. 5. (a) An organizer may
apply for and accept for a charter school:
(1) independent financial grants; or
(2) funds from public or private sources other than the
department.
(b) An organizer shall make all applications, enter into all
contracts, and sign all documents necessary for the receipt by a
charter school of aid, money, or property from the federal
government.
SOURCE: IC 20-5.5-7-9; (03)CR050101.11. -->
SECTION 11.
IC 20-5.5-7-9
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003 (RETROACTIVE)]:
Sec. 9. (a) This section
applies if:
(1) a sponsor:
(A) revokes a charter before the end of the term for which
the charter is granted; or
(B) does not renew a charter; or
(2) a charter school otherwise terminates its charter before
the end of the term for which the charter is granted.
(b) Any local or state funds that remain to be distributed to the
charter school in the calendar year in which an event described in
subsection (a) occurs shall be distributed as follows:
(1) First, to the common school loan fund to repay any
existing obligations of the charter school under
IC 20-5.5-7.5.
(2) Second, to the entities that distributed the funds to the
charter school. A distribution under this subdivision shall be
on a pro rata basis.
(c) If the funds described in subsection (b) are insufficient to
repay all existing obligations of the charter school under
IC 20-5.5-7.5
, the state shall repay any remaining obligations of the
charter school under
IC 20-5.5-7.5
from the amount appropriated
for distributions under
IC 21-3-1.7.
SOURCE: IC 20-5.5-7.5; (03)CR050101.12. -->
SECTION 12.
IC 20-5.5-7.5
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2003 (RETROACTIVE)]:
Chapter 7.5. Charter School Advancement Account
Sec. 1. The charter school advancement account is established
within the common school fund.
Sec. 2. As used in this chapter, "operational costs" means costs
other than construction costs incurred by:
(1) a charter school other than a conversion charter school
during the second six (6) months of the calendar year in which
the charter school begins its initial operation; or
(2) a charter school, including a conversion charter school,
during the second six (6) months of a calendar year in which
the charter school's most recent enrollment reported under
IC 20-5.5-7-3
(a) divided by the charter school's previous
year's ADM is at least one and fifteen-hundredths (1.15).
Sec. 3. The board shall advance money to charter schools from
the charter school advancement account to be used for operational
costs.
Sec. 4. (a) The amount of an advance under section 3 of this
chapter for operational costs described in section 2(1) of this
chapter may not exceed the amount determined under STEP
THREE of the following formula:
STEP ONE: Determine the product of:
(A) the charter school's enrollment reported under
IC 20-5.5-7-3
(a); multiplied by
(B) the statewide average amount determined under
IC 21-3-1.7-6.7
(c) STEP SIX.
STEP TWO: Determine the quotient of:
(A) the STEP ONE amount; divided by
(B) two (2).
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one and fifteen-hundredths (1.15).
(b) The amount of an advance under section 3 of this chapter for
operational costs described in section 2(2) of this chapter may not
exceed the amount determined under STEP FOUR of the following
formula:
STEP ONE: Determine the quotient of:
(A) the amount determined under
IC 21-3-1.7-6.7
(b) for
the charter school; divided by
(B) two (2).
STEP TWO: Determined the difference between:
(A) the charter school's current ADM; minus
(B) the charter school's ADM of the previous year.
STEP THREE: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the STEP TWO amount.
STEP FOUR: Determined the product of:
(A) the STEP THREE amount; multiplied by
(B) one and fifteen-hundredths (1.15).
Sec. 5. (a) Money advanced to a charter school under this
chapter may be advanced for a period not to exceed twenty (20)
years. A charter school to which money is advanced under this
chapter must pay interest on the advance at the rate determined
under section 6 of this chapter. The board shall provide that the
advances are prepayable by the charter school or by the general
assembly at any time.
(b) This subsection applies if the general assembly prepays an
advance of money under this chapter. Any prepayment under this
subsection must be deducted from the amount appropriated for
distributions under
IC 21-3-1.7.
(c) The board, after consulting with the department and upon
approval of the budget agency, shall establish the terms of an
advance before the date on which the advance is made. The terms
must include a provision allowing the state to withhold funds due
to a charter school to which an advance is made until the advance,
including interest accrued on the advance, is paid.
Sec. 6. The state board of finance shall establish periodically the
rate of interest payable on advances of money under this chapter.
An interest rate established under this section may not:
(1) be less than one percent (1%); and
(2) exceed four percent (4%).
Sec. 7. (a) To ensure timely payment of an advance under this
chapter according to the terms of the advance, the state may
withhold from funds due to the charter school to which the
advance is made an amount necessary to pay the advance and the
interest on the advance.
(b) If the state withholds funds under subsection (a), the state
first shall withhold funds from the distribution of state tuition
support to the charter school to which the advance is made. If the
tuition support distribution is unavailable or inadequate, the state
may withhold funds from any other distribution of state funds to
the charter school.
Sec. 8. A charter school that desires to obtain an advance under
this chapter must submit an application to the board on a form
prescribed by the board after consulting with the department and
the budget agency for the board to determine the amount of the
advance.
Sec. 9. (a) An advance under this chapter to a charter school is
not an obligation of the charter school within the meaning of any
constitutional limitation on or prohibition against indebtedness.
This chapter does not relieve the organizer of the charter school to
qualify the charter school for state tuition support.
(b) An agreement with the board to collect and pay over
amounts deducted from state tuition support for the benefit of
another party is not a debt of the state within the meaning of any
constitutional limitation on or prohibition against state
indebtedness.
Sec. 10. Priority of advances for operational costs must be on a
basis determined by the board after consulting with the
department and the budget agency.
Sec. 11. The board shall annually set aside from the principal of
the common school loan fund four million dollars ($4,000,000) for
advances made under this chapter and under
IC 20-5.5-7-3.5
(f). If
the total amount of advances made under this chapter and under
IC 20-5.5-7-3.5
(f) in a calendar year is less than four million dollars
($4,000,000), the unused funds remain in the common school fund.
The total amount of advances made under this chapter and under
IC 20-5.5-7-3.5
(f) in a calendar year may not exceed four million
dollars ($4,000,000). This section expires June 30, 2006.
SOURCE: IC 20-5.5-8-5; (03)CR050101.13. -->
SECTION 13.
IC 20-5.5-8-5
, AS ADDED BY P.L.100-2001,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 5. The following statutes
and rules and guidelines adopted under the following statutes apply to
a charter school:
(1)
IC 5-11-1-9
(required audits by the state board of accounts).
(2)
IC 20-1-1.5
(unified accounting system).
(3)
IC 20-1-6
(special education).
(4)
IC 20-5-2-7
and
IC 20-6.1-3-7.1
(criminal history).
(5)
IC 20-5-2-3
(subject to laws requiring regulation by state
agencies).
(6)
IC 20-6.1-4-15
(void teacher contract when two (2) contracts
are signed).
(7)
IC 20-6.1-6-11
(nondiscrimination for teacher marital status).
(8)
IC 20-6.1-6-13
(teacher freedom of association).
(9)
IC 20-6.1-6-15
(school counselor immunity).
(10) For conversion charter schools only,
IC 20-6.1-4
,
IC 20-6.1-5
and
IC 20-6.1-6.
(11)
IC 20-8.1-3
(compulsory school attendance).
(12)
IC 20-8.1-4
(limitations on employment of children).
(13)
IC 20-8.1-5.1-13
,
IC 20-8.1-5.1-15
, and
IC 20-8.1-5.1-15.5
(student due process and judicial review).
(14)
IC 20-8.1-5.1-10
(firearms and deadly weapons).
(15)
IC 20-8.1-7
and
IC 20-8.1-8
(health and safety measures).
(16) IC 20-8.1-9-3 (exemption from school fees for eligible
families and fee reimbursement).
(17) IC 20-8.1-9-5 (notice to parents concerning financial
assistance).
(18) (16)
IC 20-8.1-12
(reporting of student violations of law).
(19) (17)
IC 20-10.1-2-4
and
IC 20-10.1-2-6
(patriotic
commemorative observances).
(20) (18)
IC 20-10.1-16
,
IC 20-10.1-17
, or any other statute, rule,
or guideline related to standardized testing (assessment programs,
including remediation under the assessment programs).
(21) (19)
IC 20-10.1-22.4
(parental access to education records).
(22) (20) IC 20-10.2 (accountability for school performance and
improvement).
SOURCE: IC 20-6.1-4-15; (03)CR050101.14. -->
SECTION 14.
IC 20-6.1-4-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15. (a) Void
Contract.When Two Contracts Are Signed. A contract entered into
after August 15 between a school corporation and a teacher is void if
the teacher, at the time of signing the contract, is bound by a previous
contract to teach in a public school. However, another contract may be
signed by the teacher which will be effective if the teacher:
(1) he furnishes the governing body a release by the employers
under the previous contract; or
(2) he shows proof that twenty-one (21) days' written notice was
delivered by the teacher to the first employer.
Each governing body may request from the teacher at the time of
contracting a written statement as to whether the teacher has signed
another teaching contract. However, the teacher's failure to provide the
statement is not a cause for subsequently voiding the contract.
(b) This section does not apply to an individual who works at a
conversion charter school for purposes of the individual's
employment with the school corporation that sponsored the
conversion charter school.
SOURCE: IC 20-8.1-9-0.3; (03)CR050101.15. -->
SECTION 15.
IC 20-8.1-9-0.3
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 0.3. As
used in this chapter, "governing body" includes the organizer of a
charter school.
SOURCE: IC 20-8.1-9-0.7; (03)CR050101.16. -->
SECTION 16.
IC 20-8.1-9-0.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 0.7. As
used in this chapter, "school corporation" includes a charter
school.
SOURCE: IC 20-8.1-9-3; (03)CR050101.17. -->
SECTION 17.
IC 20-8.1-9-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]:
Sec. 3. (a) If a parent of a child or an emancipated minor who is
enrolled in a public school, in grades K-12, meets the financial
eligibility standard under section 2 of this chapter, the parent or the
emancipated minor may not be required to pay the fees for school
books, supplies, or other required class fees. Such fees shall be paid by
the school corporation in which the child resides. attends.
(b) The school corporation may apply for a reimbursement under
section 9 of this chapter from the department of the costs incurred
under subsection (a).
(c) To the extent the reimbursement received by the school
corporation is less than the textbook rental fee assessed for textbooks
that have been adopted under
IC 20-10.1-9-1
or waived under
IC 20-10.1-9-27
, the school corporation may request that the parent or
emancipated minor pay the balance of this amount.
SOURCE: IC 21-1-4-1; (03)CR050101.18. -->
SECTION 18.
IC 21-1-4-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]:
Sec. 1. (a) It is the duty of the general assembly under the Constitution
of the State of Indiana to encourage by all suitable means moral,
intellectual, scientific, and agricultural improvement and to provide, by
law, for a general and uniform system of common schools, wherein
tuition shall be without charge, and equally open to all.
(b) It is the intent of the general assembly that:
(1) the common school fund should be used to:
(A) assist school corporations and school townships in
financing their school building construction and educational
technology programs;
and
(B) assist charter schools in financing their operations;
as authorized by law and under circumstances such that the
principal of the fund remains inviolate;
(2) to the end described in subdivision (1), the common school
fund may be used to make advances to:
(A) school corporations and school townships under
IC 21-1-5
; and
(B) charter schools under
IC 20-5.5-7-3.5
(f) and
IC 20-5.5-7.5
; and
(3) this chapter is in furtherance of the duties which are imposed
exclusively upon the general assembly by the Constitution of the
State of Indiana in connection with the maintenance of a general
and uniform system of common schools and the investment and
reinvestment of the common school fund and shall be liberally
construed to carry out the purposes of the Constitution of the State
of Indiana.
(c) In addition, the common school fund may be used to make
advances under
IC 21-1-5.1.
SOURCE: IC 21-1-30-0.5; (03)CR050101.19. -->
SECTION 19.
IC 21-1-30-0.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 0.5 As
used in this chapter, "school corporation" includes a charter
school established under IC 20-5.5.
SOURCE: IC 21-1-30-3; (03)CR050101.20. -->
SECTION 20.
IC 21-1-30-3
, AS AMENDED BY P.L.291-2001,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 3. (a) The amount to be
distributed to a school corporation under this chapter is the amount
determined by the following formula:
STEP ONE: Determine the applicable target pupil teacher ratio
for the school corporation as follows:
(A) If the school corporation's at-risk index is less than
seventeen hundredths (0.17), the school corporation's target
pupil teacher ratio is eighteen to one (18:1).
(B) If the school corporation's at-risk index is at least
seventeen hundredths (0.17) but less than twenty-seven
hundredths (0.27), the school corporation's target pupil teacher
ratio is fifteen (15) plus the result determined in item (iii):
(i) Determine the result of twenty-seven hundredths (0.27)
minus the school corporation's at-risk index.
(ii) Determine the item (i) result divided by one-tenth (0.1).
(iii) Determine the item (ii) result multiplied by three (3).
(C) If the school corporation's at-risk index is at least
twenty-seven hundredths (0.27), the school corporation's target
pupil teacher ratio is fifteen to one (15:1).
STEP TWO: Determine the result of:
(A) the ADM of the school corporation, as determined under
section 2(2) of this chapter, in kindergarten through grade 3
for the current school year; divided by
(B) the school corporation's target pupil teacher ratio, as
determined in STEP ONE.
STEP THREE: Determine the result of:
(A) the total regular general fund revenue (the amount
determined in STEP ONE of IC 21-3-1.7-8)
IC 21-3-1.7-8
(b)
STEP ONE) multiplied by seventy-five hundredths (0.75);
divided by
(B) the school corporation's total ADM.
STEP FOUR: Determine the result of:
(A) the STEP THREE result; multiplied by
(B) the ADM of the school corporation, as determined under
section 2(2) of this chapter in kindergarten through grade 3 for
the current school year.
STEP FIVE: Determine the result of:
(A) the STEP FOUR result; divided by
(B) the staff cost amount.
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP TWO amount; minus
(B) the STEP FIVE amount.
STEP SEVEN: Determine the result of:
(A) the STEP SIX amount; multiplied by
(B) the staff cost amount.
STEP EIGHT: Determine the greater of the STEP SEVEN amount
or the school corporation's guaranteed amount.
STEP NINE: If the amount the school corporation received under
this chapter in the previous calendar year is greater than zero (0),
determine the lesser of:
(A) the STEP EIGHT amount; or
(B) the amount the school corporation received under this
chapter for the previous calendar year multiplied by one
hundred seven and one-half percent (107.5%).
For 2000 calculations, the amount the school corporation received
under this chapter for the previous calendar year is the 1999
calendar year allocation, before any penalty was assessed under
this chapter.
(b) The amount received under this chapter shall be devoted to
reducing class size in kindergarten through grade 3. A school
corporation shall compile class size data for kindergarten through grade
3 and report the data to the department of education for purposes of
maintaining compliance with this chapter.
SOURCE: IC 21-2-4-7; (03)CR050101.21. -->
SECTION 21.
IC 21-2-4-7
, AS ADDED BY P.L.178-2002,
SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 7. (a) The governing
body of a school corporation may adopt a resolution to transfer after
June 30, 2002, and before January 1, 2003, money that is:
(1) not greater than the remainder of the amount described in
IC 21-3-1.7-8
IC 21-3-1.7-8
(b) STEP TWO (C) minus the
amount transferred under
IC 21-2-11.5-5
(a) and
IC 21-2-15-13.1
(a); and
(2) on deposit in the school corporation's debt service fund;
to the school corporation's general fund for use for any general fund
purpose.
(b) The governing body of a school corporation may adopt a
resolution to transfer after December 31, 2002, and before July 1, 2003,
money that is:
(1) not greater than the remainder of the amount described in
IC 21-3-1.7-8
IC 21-3-1.7-8
(b) STEP TWO (D) minus the
amount transferred under
IC 21-2-11.5-5
(b) and
IC 21-2-15-13.1
(b); and
(2) on deposit in the school corporation's debt service fund;
to the school corporation's general fund for use for any general fund
purpose.
(c) This section expires July 1, 2003.
SOURCE: IC 21-2-11.5-5; (03)CR050101.22. -->
SECTION 22.
IC 21-2-11.5-5
, AS ADDED BY P.L.178-2002,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 5. (a) The governing
body of a school corporation may adopt a resolution to transfer after
June 30, 2002, and before January 1, 2003, money that is:
(1) not greater than the remainder of the amount described in
IC 21-3-1.7-8
IC 21-3-1.7-8
(b) STEP TWO (C) minus the
amount transferred under
IC 21-2-4-7
(a) and
IC 21-2-15-13.1
(a);
and
(2) on deposit in the school corporation's:
(A) transportation fund;
(B) school bus replacement fund; or
(C) both the transportation fund and school bus replacement
fund;
to the school corporation's general fund for use for any general fund
purpose.
(b) The governing body of a school corporation may adopt a
resolution to transfer after December 31, 2002, and before July 1, 2003,
money that is:
(1) not greater than the remainder of the amount described in
IC 21-3-1.7-8
IC 21-3-1.7-8
(b) STEP TWO (D) minus the
amount transferred under
IC 21-2-4-7
(b) and
IC 21-2-15-13.1
(b);
and
(2) on deposit in the school corporation's:
(A) transportation fund;
(B) school bus replacement fund; or
(C) both the transportation fund and school bus replacement
fund;
to the school corporation's general fund for use for any general fund
purpose.
(c) This section expires July 1, 2003.
SOURCE: IC 21-2-15-13.1; (03)CR050101.23. -->
SECTION 23.
IC 21-2-15-13.1
, AS ADDED BY P.L.178-2002,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 13.1. (a) The governing
body of a school corporation may adopt a resolution to transfer after
June 30, 2002, and before January 1, 2003, money that is:
(1) not greater than the remainder of the amount described in
IC 21-3-1.7-8
IC 21-3-1.7-8
(b) STEP TWO (C) minus the
amount transferred under
IC 21-2-4-7
(a) and
IC 21-2-11.5-5
(a);
and
(2) on deposit in the school corporation's capital projects fund;
to the school corporation's general fund for use for any general fund
purpose.
(b) The governing body of a school corporation may adopt a
resolution to transfer after December 31, 2002, and before July 1, 2003,
money that is:
(1) not greater than the remainder of the amount described in
IC 21-3-1.7-8
IC 21-3-1.7-8
(b) STEP TWO (D) minus the
amount transferred under
IC 21-2-4-7
(b) and
IC 21-2-11.5-5
(b);
and
(2) on deposit in the school corporation's capital projects fund;
to the school corporation's general fund for use for any general fund
purpose.
(c) This section expires July 1, 2003.
SOURCE: IC 21-3-1.6-1.1; (03)CR050101.24. -->
SECTION 24.
IC 21-3-1.6-1.1
, AS AMENDED BY P.L.111-2002,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 1.1. As used in this
chapter:
(a) "School corporation" means any local public school corporation
established under Indiana law. For purposes of subsection (d), the
term includes a charter school established under IC 20-5.5.
(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 that 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
(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.
(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
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.
For purposes of
IC 21-3-12
, the term includes a student enrolled in
a charter school.
(k) "General fund budget" of a school corporation means the amount
of the budget approved for a given year by the department of local
government finance and used by the department of local government
finance 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.
(l) "At risk index" means the following:
(1) For a school corporation, the sum of:
(1) (A) the product of sixteen-hundredths (0.16) multiplied by
the percentage of families in the school corporation with
children who are less than eighteen (18) years of age and who
have a family income below the federal income poverty level
(as defined in
IC 12-15-2-1
);
(2) (B) the product of four-tenths (0.4) multiplied by the
percentage of families in the school corporation with a single
parent; and
(3) (C) the product of forty-four hundredths (0.44) multiplied
by the percentage of the population in the school corporation
who are at least twenty (20) years of age with less than a
twelfth grade education.
The data to be used in making the calculations under this
subsection subdivision must be the data from the 1990 federal
decennial census.
(2) For a charter school, the lesser of:
(A) the statewide average of the indices determined under
subdivision (1); or
(B) the index determined under subdivision (1) for the
school corporation in which the charter school is located.
(m) "ADM of the previous year" or "ADM of the prior year"
used in computing a state distribution in a calendar year means:
(1) For a:
(A) school corporation; or
(B) charter school beginning in the second calendar year
after the calendar year in which the charter school begins
its initial operation;
the ADM for the school year ending in the preceding calendar
year.
(2) For a conversion charter school in the calendar year after
the calendar year in which the conversion charter school is
established, the ADM for the school year ending in the
preceding calendar year of the school that converted to the
charter school under
IC 20-5.5-11.
(n) "Current ADM" used in computing a state distribution in a
calendar year means the ADM for the school year ending in the
calendar year.
SOURCE: IC 21-3-1.7-2; (03)CR050101.25. -->
SECTION 25.
IC 21-3-1.7-2
, AS AMENDED BY P.L.192-2002(ss),
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 2. As used
in this chapter, "excise tax revenue" means the amount of:
(1) financial institution excise tax revenue (IC 6-5.5); plus
(2) the motor vehicle excise taxes (IC 6-6-5) and the commercial
vehicle excise taxes (IC 6-6-5.5);
the school corporation received for deposit in the school corporation's
general fund in a year. The excise tax revenue for a charter school
is zero (0).
SOURCE: IC 21-3-1.7-3.1; (03)CR050101.26. -->
SECTION 26.
IC 21-3-1.7-3.1
, AS AMENDED BY P.L.85-2002,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: 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;
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) and 5(2) of this chapter; plus
(3) distributions received by the school corporation under
IC 6-1.1-21.6
for the year that precedes the current year; plus
(4) the school corporation's excise tax revenue for the year that
precedes the current year by two (2) years; minus
(5) 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.
(c) A school corporation's previous year revenue shall be
reduced if an existing elementary or secondary school located in
the school corporation converts to a charter school under
IC 20-5.5-11.
The amount of the reduction equals the product of:
(1) the sum of the amounts distributed to the conversion
charter school under
IC 20-5.5-7-3.5
(c) and
IC 20-5.5-7-3.5
(d); multiplied by
(2) two (2).
SOURCE: IC 21-3-1.7-6.7; (03)CR050101.27. -->
SECTION 27.
IC 21-3-1.7-6.7
, AS AMENDED BY P.L.111-2002,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 6.7. (a) For each school
corporation
that is not a charter school, the index used in subsection
(b) (c) is determined under the following STEPS:
STEP ONE: Determine the greater of zero (0) or the result of the
following:
(1) Multiply the school corporation's at risk index by
twenty-three hundredths (0.23) in 2002 and twenty-five
hundredths (0.25) in 2003.
(2) Divide the result under subdivision (1) by three thousand
seven hundred thirty-six ten-thousandths (0.3736).
(3) Subtract three hundred sixty-four ten-thousandths (0.0364)
in 2002 and three hundred ninety-five ten-thousandths
(0.0395) in 2003 from the result under subdivision (2).
STEP TWO: Determine the greater of zero (0) or the result of the
following:
(1) Multiply the percentage of the school corporation's
students who were eligible for free lunches in the school year
ending in 2001 by twenty-three hundredths (0.23) in 2002 and
twenty-five hundredths (0.25) in 2003.
(2) Divide the result under subdivision (1) by seven hundred
twenty-three thousandths (0.723).
STEP THREE: Determine the greater of zero (0) or the result of
the following:
(1) Multiply the percentage of the school corporation's
students who were classified as limited English proficient in
the school year ending in 2000 by twenty-three hundredths
(0.23) in 2002 and twenty-five hundredths (0.25) in 2003.
(2) Divide the result under subdivision (1) by one thousand
seven hundred fifteen ten-thousandths (0.1715).
STEP FOUR: Determine the result of:
(1) the sum of the results in STEPS ONE through THREE;
divided by
(2) three (3).
STEP FIVE: Determine the result of one (1) plus the STEP FOUR
result.
(b) A charter school's target revenue per ADM for a calendar
year is the lesser of the following:
(1) The statewide average target revenue per ADM
determined under subsection (c) for the calendar year for
school corporations that are not charter schools.
(2) The target revenue per ADM for the calendar year for the
school corporation in which the charter school is located.
(c) As used in this subsection, "school corporation" does not
include a charter school. A school corporation's target revenue per
ADM for a calendar year is the result determined under STEP SIX of
the following formula:
STEP ONE: Determine the result under clause (B) of the
following formula:
(A) Determine the result of:
(i) four thousand four hundred forty dollars ($4,440) in 2002
and four thousand five hundred sixty dollars ($4,560) in
2003; multiplied by
(ii) the index determined for the school corporation under
subsection (a).
(B) Multiply the clause (A) result by the school corporation's
adjusted ADM for the current year.
STEP TWO: Divide the school corporation's previous year
revenue by the school corporation's adjusted ADM for the
previous year.
STEP THREE: Multiply the subsection (a) STEP FIVE result
index determined for the school corporation under subsection
(a) by the following:
(A) If the STEP TWO result is not more than:
(i) four thousand four hundred forty dollars ($4,440) in
2002; and
(ii) four thousand five hundred sixty dollars ($4,560) in
2003;
multiply by ninety dollars ($90).
(B) If the STEP TWO result is:
(i) more than four thousand four hundred forty dollars
($4,440) and not more than five thousand five hundred
twenty-five dollars ($5,525) in 2002; or
(ii) more than four thousand five hundred sixty dollars
($4,560) and not more than five thousand eight hundred
twenty-five dollars ($5,825) in 2003;
multiply by the result under clause (C).
(C) Determine the result of:
(i) The STEP TWO result minus four thousand four hundred
forty dollars ($4,440) in 2002 and four thousand five
hundred sixty dollars ($4,560) in 2003.
(ii) Divide the item (i) result by one thousand eighty-five
dollars ($1,085) in 2002 and one thousand two hundred
sixty-five dollars ($1,265) in 2003.
(iii) Multiply the item (ii) result by forty dollars ($40).
(iv) Subtract the item (iii) result from ninety dollars ($90).
(D) If the STEP TWO result is more than:
(i) five thousand five hundred twenty-five dollars ($5,525)
in 2002; and
(ii) five thousand eight hundred twenty-five dollars ($5,825)
in 2003;
multiply by fifty dollars ($50).
STEP FOUR: Add the STEP TWO result and the STEP THREE
result.
STEP FIVE: Determine the greatest of the following:
(A) Multiply the STEP FOUR result by the school
corporation's adjusted ADM for the current year.
(B) Multiply the school corporation's previous year revenue by
one and two-hundredths (1.02).
(C) The STEP ONE amount.
STEP SIX: Divide the STEP FIVE amount by the school
corporation's adjusted ADM for the current year.
SOURCE: IC 21-3-1.7-6.8; (03)CR050101.28. -->
SECTION 28.
IC 21-3-1.7-6.8
, AS AMENDED BY P.L.85-2002,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 6.8.
(a) This section
does not apply to a charter school.
(b) A school corporation's target general fund property tax rate for
purposes of
IC 6-1.1-19-1.5
is the result determined under STEP
THREE of the following formula:
STEP ONE: This STEP applies only if the amount determined in
STEP FIVE of the formula in section
6.7(b) 6.7(c) of this chapter
minus the result determined in STEP ONE of the formula in
section
6.7(b) 6.7(c) of this chapter is greater than zero (0).
Determine the result under clause (E) of the following formula:
(A) Divide the school corporation's 2002 assessed valuation by
the school corporation's current ADM.
(B) Divide the clause (A) result by ten thousand (10,000).
(C) Determine the greater of the following:
(i) The clause (B) result.
(ii) Thirty-nine dollars ($39) in 2002 and thirty-nine dollars
and seventy-five cents ($39.75) in 2003.
(D) Determine the result determined under item (ii) of the
following formula:
(i) Subtract the result determined in STEP ONE of the
formula in section
6.7(b) 6.7(c) of this chapter from the
amount determined in STEP FIVE of the formula in section
6.7(b) 6.7(c) of this chapter.
(ii) Divide the item (i) result by the school corporation's
current ADM.
(E) Divide the clause (D) result by the clause (C) result.
(F) Divide the clause (E) result by one hundred (100).
STEP TWO: This STEP applies only if the amount determined in
STEP FIVE of the formula in section 6.7(b) 6.7(c) of this chapter
is equal to STEP ONE of the formula in section 6.7(b) 6.7(c) of
this chapter and the result of clause (A) is greater than zero (0).
Determine the result under clause (G) of the following formula:
(A) Add the following:
(i) An amount equal to the annual decrease in federal aid to
impacted areas from the year preceding the ensuing calendar
year by three (3) years to the year preceding the ensuing
calendar year by two (2) years.
(ii) The portion of the maximum general fund levy for the
year that equals the original amount of the levy imposed by
the school corporation to cover the costs of opening a new
school facility during the preceding year.
(B) Divide the clause (A) result by the school corporation's
current ADM.
(C) Divide the school corporation's 2002 assessed valuation by
the school corporation's current ADM.
(D) Divide the clause (C) result by ten thousand (10,000).
(E) Determine the greater of the following:
(i) The clause (D) result.
(ii) Thirty-nine dollars ($39) in 2002 and thirty-nine dollars
and seventy-five cents ($39.75) in 2003.
(F) Divide the clause (B) result by the clause (E) amount.
(G) Divide the clause (F) result by one hundred (100).
STEP THREE: Determine the sum of:
(A) ninety-one and eight-tenths cents ($0.918) in 2002; and
(B) ninety-five and eight-tenths cents ($0.958) in 2003; and
if applicable, the STEP ONE or STEP TWO result.
SOURCE: IC 21-3-1.7-8; (03)CR050101.29. -->
SECTION 29.
IC 21-3-1.7-8
, AS AMENDED BY P.L.85-2002,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 8. (a) Except as
otherwise indicated, "school corporation" includes a charter
school.
(b) Notwithstanding
IC 21-3-1.6
and subject to section 9 of this
chapter, the state distribution for a calendar year for tuition support for
basic programs for each school corporation equals the result
determined using the following formula:
STEP ONE:
(A) For a school corporation not described in clause (B),
determine the school corporation's result under either:
(i) STEP FIVE of section 6.7(b) 6.7(c); or
(ii) section 6.7(b);
of this chapter for the calendar year.
(B) For a school corporation that has target revenue per
adjusted ADM for a calendar year that is equal to the amount
under STEP ONE (A) of section 6.7(b) 6.7(c) of this chapter,
determine the sum of:
(i) the school corporation's result under STEP ONE of
section 6.7(b) 6.7(c) of this chapter for the calendar year;
plus
(ii) the amount of the annual decrease in federal aid to
impacted areas from the year preceding the ensuing calendar
year by three (3) years to the year preceding the ensuing
calendar year by two (2) years; plus
(iii) the part of the maximum general fund levy for the year
that equals the original amount of the levy imposed by the
school corporation to cover the costs of opening a new
school facility during the preceding year.
STEP TWO: Determine the remainder of
(A) the STEP ONE amount; minus:
(B) (A) for a school corporation that is not a charter
school, the sum of:
(i) the school corporation's tuition support levy; plus
(ii) the school corporation's excise tax revenue for the year
that precedes the current year by one (1) year; or
(B) for a school corporation that is a charter school:
(i) in 2003, zero (0); and
(ii) after December 31, 2003, the product of the amount
determined under
IC 21-3-1.7-6.7
(b) multiplied by
thirty-five hundredths (0.35).
If the state tuition support determined for a school corporation under
this section is negative, the school corporation is not entitled to any
state tuition support. In addition, the school corporation's maximum
general fund levy under
IC 6-1.1-19-1.5
shall be reduced by the amount
of the negative result.
SOURCE: IC 21-3-1.7-9.5; (03)CR050101.30. -->
SECTION 30.
IC 21-3-1.7-9.5
, AS AMENDED BY P.L.93-2000,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 9.5. (a) As used in this
section, "school corporation" includes:
(1) a conversion charter school; and
(2) beginning in the second calendar year after the calendar
year in which a nonconversion charter school begins its initial
operation, a nonconversion charter school.
(b) In addition to the distribution under sections 8, 9.7, and 9.8 of
this chapter, a school corporation is eligible for an enrollment
adjustment grant if the school corporation's:
(1) current ADM minus the school corporation's previous year
ADM is at least two hundred fifty (250); or
(2) current ADM divided by the school corporation's previous
year ADM is at least one and five-hundredths (1.05).
(b) (c) The amount of the enrollment adjustment grant is the amount
determined in STEP THREE of the following formula:
STEP ONE: Determine the school corporation's target revenue per
ADM divided by three (3).
STEP TWO: Determine the result of the school corporation's
current ADM minus the school corporation's previous year ADM.
STEP THREE: Multiply the STEP ONE result by the STEP TWO
result.
(c) (d) Notwithstanding any other provision, for purposes of
computing the amount of a grant under this section, "ADM" does not
include an eligible pupil who is described in
IC 21-3-1.6-1.2
(a).
SOURCE: IC 21-3-1.7-9.8; (03)CR050101.31. -->
SECTION 31.
IC 21-3-1.7-9.8
, AS AMENDED BY P.L.291-2001,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 9.8. (a)
As used in this
section, "school corporation" includes:
(1) a conversion charter school; and
(2) beginning in the second calendar year after the calendar
year in which a nonconversion charter school begins its initial
operation, a nonconversion charter school.
(b) In addition to the distributions under sections 8, 9.5, and 9.7 of
this chapter, a school corporation is eligible for an honors diploma
award in the amount determined under STEP TWO of the following
formula:
STEP ONE: Determine the number of the school corporation's
eligible pupils who successfully completed an academic honors
diploma program in the school year ending in the previous
calendar year.
STEP TWO: Multiply the STEP ONE amount by:
(1) nine hundred forty-four dollars ($944) in 2002; and
(2) nine hundred sixty-three dollars ($963) in 2003.
(b) (c) Each year the governing body of a school corporation may
use the money that the school corporation receives for an honors
diploma award under this section to give nine hundred forty-four
dollars ($944) in 2002 and nine hundred sixty-three dollars ($963) in
2003 to each eligible pupil in the school corporation who successfully
completes an academic honors diploma program in the school year
ending in the previous calendar year.
SOURCE: IC 21-3-2.1-1.5; (03)CR050101.32. -->
SECTION 32.
IC 21-3-2.1-1.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 1.5. As
used in this chapter, "school corporation" includes a charter
school.
SOURCE: IC 21-3-12-1.5; (03)CR050101.33. -->
SECTION 33.
IC 21-3-12-1.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]: Sec. 1.5. As
used in this chapter, "school corporation" includes a charter
school.
SOURCE: IC 20-5.5-7-2; (03)CR050101.34. -->
SECTION 34.
IC 20-5.5-7-2
IS REPEALED [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)].
SOURCE: ; (03)CR050101.35. -->
SECTION 35. [EFFECTIVE UPON PASSAGE] (a) An advance by
the state board of finance of money from the abandoned property
fund established in
IC 32-34-1-33
to a charter school is forgiven.
(b) This SECTION expires June 30, 2005.
SOURCE: ; (03)CR050101.36. -->
SECTION 36.
An emergency is declared for this act.
(Reference is to SB 501 as reprinted March 4, 2003.)
and when so amended that said bill do pass.
__________________________________
CR050101/DI 71 2003