SB 397-1_ Filed 04/27/2005, 14:17
Adopted 4/29/2005

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 397



Citations Affected: IC 6-1.1-18.5-10.3; IC 9-21-12-11; IC 10-13-3-21; IC 20-1-19-23; IC 20-3-14-7; IC 20-4; IC 20-8.1-7-11; IC 20-9.1-5-22; IC 20-10.1-25.5-3; IC 20-12-76; IC 20-20-14-3; IC 20-23; IC 20-25; IC 20-26; IC 20-27; IC 20-28-1-10; IC 20-33-8-33; IC 20-34-4-6; IC 20-35; IC 20-37-1-1; IC 33-33-53-5; IC 36-1-14-1.

Synopsis: Various matters concerning education. Specifies that, if the governing bodies of two or more school corporations agree to cooperate and apportion the cost of vocational education schools or departments, the designated representatives of the school corporations constitute a board for the management of the schools or departments. Specifies the criminal intent necessary to commit crimes involving: (1) postsecondary proprietary educational institution accreditation; and (2) school bus use. Specifies that a principal and not the governing body of a school corporation submits information to the bureau of motor vehicles concerning: (1) an individual's ineligibility to be issued a driver's license or learner's permit; and (2) the invalidation of a license or permit. Repeals obsolete or superseded provisions, including provisions concerning purchase of textbooks, school taxing powers, school reorganization, school bonding, transportation of pupils, county schools, and annexation of territory. Makes conforming amendments. (The introduced version of this bill was prepared by the code revision commission.) (This conference committee report changes the criminal intent necessary to commit certain crimes.)

Effective: July 1, 2005.



Text Box

Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 397 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:

    Delete everything after the enacting clause and insert:

SOURCE: IC 6-1.1-18.5-10.3; (05)CC039702.1. -->     SECTION 1. IC 6-1.1-18.5-10.3, AS AMENDED BY P.L.2-2005, SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10.3. (a) The ad valorem property tax levy limits imposed by section 3 of this chapter do not apply to ad valorem property taxes imposed by a library board for a capital projects fund under IC 36-12-3. IC 36-12-12. However, the maximum amount that is exempt from the levy limits under this section may not exceed the property taxes that would be raised in the ensuing calendar year with a property tax rate of one and thirty-three hundredths cents ($0.0133) per one hundred dollars ($100) of assessed valuation.
    (b) For purposes of computing the ad valorem property tax levy limit imposed on a library board under section 3 of this chapter, the library board's ad valorem property tax levy for a particular calendar year does not include that part of the levy imposed under IC 36-12-3 IC 36-12-12 that is exempt from the ad valorem property tax levy limits under subsection (a).
SOURCE: IC 9-21-5-13; (05)CC039702.2. -->     SECTION 2. IC 9-21-5-13, AS AMENDED BY HEA 1288-2005, SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. (a) Except as provided in subsections (b) and (c), a person who violates this chapter commits a Class C infraction.
    (b) A person who exceeds a speed limit that is:
        (1) established under section 6 of this chapter and imposed only in the immediate vicinity of a school when children are present; or
        (2) established under section 11 of this chapter and imposed only in the immediate vicinity of a worksite when workers are present;
commits a Class B infraction.
    (c) A person who while operating a school bus knowingly or intentionally exceeds a speed limit set forth in section 14 of this chapter commits a Class C misdemeanor.
SOURCE: IC 9-21-12-11; (05)CC039702.3. -->     SECTION 3. IC 9-21-12-11, AS AMENDED BY HEA 1288-2005, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) A person who violates section 5, 6, or 7 of this chapter commits a Class C infraction.
    (b) A person who knowingly or intentionally violates section 12, 13, 14, 15, 16, or 17 of this chapter commits a Class C misdemeanor.
SOURCE: IC 10-13-3-21; (05)CC039702.4. -->     SECTION 4. IC 10-13-3-21, AS AMENDED BY HEA 1288-2005, SECTION 116, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 21. As used in this chapter, "special education cooperative" has the meaning set forth in IC 20-35-5-1(a)(7). IC 20-35-5-1(7).
SOURCE: IC 20-1-18-7; (05)CC039702.5. -->     SECTION 5. IC 20-1-18-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) Two (2) or more school corporations may cooperate to establish and maintain or supervise schools or departments for vocational education if the governing bodies of these school corporations agree to cooperate and apportion the cost of the schools or departments among the school corporations.
    (b) If the cooperating school corporations agree to establish and maintain or supervise the schools or departments under subsection (a), the heads of these designated representatives of the school corporations or their delegated representatives constitute a board for the management of the schools or departments. The board may adopt a plan of organization, administration, and support for the schools or departments. This plan, if approved by the Indiana state board of education, constitutes a binding contract between the cooperating school corporations.
    (c) The governing bodies of the cooperating school corporations may cancel or annul this contract by the vote of a majority of these governing bodies and upon the approval of the Indiana state board of education. However, if a school corporation desires to withdraw a course offering from the cooperative agreement after:
        (1) attempting to withdraw the course offering under any withdrawal procedure authorized by the school corporation's cooperative agreement or by law; and
        (2) being denied the authority to withdraw the course offering;
the school corporation may appeal the denial to the Indiana state board of education. In the appeal a school corporation must submit a proposal requesting the withdrawal to the Indiana state board of education for approval. The proposal must describe how the school corporation intends to implement the particular vocational education course and must include a provision that provides for at least a two (2) year phase-out of the educational program or course offering from the

cooperative agreement. Upon approval of the proposal by the Indiana state board of education, the school corporation may proceed with the school corporation's withdrawal of the course offering from the agreement and shall proceed under the proposal. This withdrawal procedure may not be construed to permit a school corporation to change any other terms of the contract under subsection (b) except those terms that require the school corporation to provide the particular course offering sought to be withdrawn.
    (d) The board described in subsection (b) may enter into an agreement to acquire sites, buildings, and equipment by lease or purchase that are suitable for these schools or departments. This authority extends to the acquisition of facilities available under IC 21-5-11.
    (e) This board may, by resolution adopted by a majority of the board, designate three (3) or more individuals from its membership to constitute an executive committee. To the extent provided in the resolution, this committee shall exercise the authority of the full board in the management of the school and shall submit a written summary of its actions to the full board at least semiannually.

SOURCE: IC 20-1-19-23; (05)CC039702.6. -->     SECTION 6. IC 20-1-19-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 23. (a) A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor, except as provided in subsection (b) of this section.
    (b) A person who, with intent to defraud, represents himself or herself to be an agent of a postsecondary proprietary educational institution commits a Class C felony.
SOURCE: IC 20-3-14-7; (05)CC039702.7. -->     SECTION 7. IC 20-3-14-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. With respect to whether the disposition of the assets and liabilities of the losing school corporation, allocation of school tax receipts, and the amount to be paid by the acquiring school corporation is equitable, the court shall be satisfied that the annexing resolution conforms substantially to the following standards:
    (a) The acquiring school corporation shall assume a portion of all installments of principal and interest on any indebtedness of the losing school corporation (other than current obligations or temporary borrowing) which fall due after the end of the last calendar year in which the losing school corporation is entitled to receive current tax receipts from property tax levies on the property on the annexed territory. Such The portion shall consist consists of the following:
        (1) All such installments relating to any indebtedness incurred in connection with the acquisition or construction of any building located in the annexed territory.
        (2) A proportion of all such installments relating to any other indebtedness which is the same proportion as the valuation of the real property in the annexed territory bears to the valuation of all the real property in the losing school corporation, as the same is assessed for general taxation immediately prior to annexation.
    (b) The acquiring school corporation shall make the payments and assume the obligations provided for a school corporation acquiring

territory and/or or building or buildings under IC 21-5-10.
    (c) Unless the losing school corporation shall consent to some other allocation, the portion of the special school and tuition fund moneys collected by the losing school corporation shall not be allocated in a greater amount to the acquiring school corporation than would be awarded if such two (2) corporations were respectively the original school corporation and the annexing school corporation within the meaning of IC 20-4-16, and the amount to be paid the losing corporation by the acquiring school corporation on account of the acquisition by the acquiring school corporation of a building in the annexed territory shall not be less than would be awarded if such two (2) school corporations were respectively the acquiring corporation and original school corporation within the meaning of IC 20-4-15.
    (d) (c) Where the annexed territory includes all of any losing school corporation, the acquiring school corporation shall acquire all of the property and assets of the losing school corporation without making payment of any nature for the same and shall assume all of the liabilities and obligations of the losing school corporation.

SOURCE: IC 20-4-1-3; (05)CC039702.8. -->     SECTION 8. IC 20-4-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. As used in this chapter, unless context clearly requires otherwise, the following terms shall have the meanings set forth:
        (1) "School corporation" shall mean and include means all local school corporations in the state of Indiana.
        (2) "Reorganization of school corporations" shall mean and include means the formation of new school corporations, the alteration of the boundaries of established school corporations, and the dissolution of established school corporations, through or by means of:
            (a) (A) the uniting of two (2) or more established school corporations;
            (b) (B) the subdivision of one (1) or more school corporations;
            (c) (C) the transfer to any established school corporation of a part of the territory of one (1) or more school corporations, or the attachment thereto of all or any part of the territory of one (1) or more school corporations, or the transfer of said established school corporation; and
            (d) (D) any combination of the methods listed in subdivisions (a) clauses (A) through (c). (C).
        (3) "Community school corporation" shall mean means a school corporation proposed to be formed or formed under the provisions of this chapter and shall include a united school corporation as defined in this section.
        (4) "United school corporation" shall mean means a school corporation having territory in two (2) or more adjacent counties.
        (5) "Administrative unit" shall mean means a school corporation comprising all the area under a single system of local administration and under the control of a local board of education, board of school trustees, or board of school commissioners.
        (6) "Attendance unit" or "school unit" shall mean means the geographical and population area served by a single school,

consisting of part, or all, of an administrative unit.
        (7) "County committee" or "committee" shall mean means the county committee for the reorganization of school corporations, provided for in section 5 through 14 13 of this chapter.
        (8) "State board" or "board" shall mean refers to the Indiana state board of education.
        (9) "State department" shall mean refers to the state department of education.
        (10) "State superintendent" shall mean refers to the state superintendent of public instruction.
        (11) "County superintendent" shall mean refers to the county superintendent of schools.
        (12) "Party" includes any person, firm, limited liability company, corporation, association, or municipality interested in any proceedings under the provisions of this chapter.
        (13) "School aid bonds" shall mean means any bonds of a civil unit of government the proceeds of which were used for school purposes in any school corporation.

SOURCE: IC 20-4-4-7; (05)CC039702.9. -->     SECTION 9. IC 20-4-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) With respect to whether the disposition of the assets and liabilities of the losing school corporation, allocation of school tax receipts and the amount to be paid by the acquiring school corporation is equitable, the court subject to the provisions of subdivision (b) shall be satisfied that the annexing resolution conforms substantially to the following standards:
        (1) The acquiring school corporation shall assume a portion of all installments of principal and interest on any indebtedness of the losing school corporation (other than current obligations or temporary borrowing) which fall due after the end of the last calendar year in which the losing school corporation is entitled to receive current tax receipts from property tax levies on the property on the annexed territory. Such The portion shall consist consists of the following:
            (i) (A) All such installments relating to any indebtedness incurred in connection with the acquisition or construction of any building located in the annexed territory. and
            (ii) (B) A proportion of all such installments relating to any other indebtedness which is the same proportion as the valuation of the real property in the annexed territory bears to the valuation of all the real property in the losing school corporation, as the same is assessed for general taxation immediately prior to annexation.
        (2) The acquiring school corporation shall make the payments and assume the obligations provided for school corporation acquiring territory and/or building or buildings under IC 21-5-10.
        (3) Unless the losing school corporation shall consent to some other allocation: the portion of the general fund moneys collected by the losing school corporation shall not be allocated to the acquiring school corporation in a greater amount than would be awarded if such two (2) corporations were respectively the "original school corporation" and the "annexing school corporation" within the meaning of IC 20-4-16, using the method

therein provided for allocating the special school and tuition fund moneys.
    (b) Such standards shall not be applicable to the extent the losing and acquiring school corporations otherwise agree in a situation where all or a majority of the students in the annexed territory have been transferred from the losing to the acquiring school corporation for the five (5) school years immediately preceding the transfer. Such agreement, as between school corporations, shall not, however, prejudice the rights of bondholders or lessors whose rights as against the losing and acquiring school corporations shall, upon enforcement, be allocated between them in accordance with subsection (a)(1) and (2).

SOURCE: IC 20-4-5-25.5; (05)CC039702.10. -->     SECTION 10. IC 20-4-5-25.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25.5. (a) This section provides an alternative method for a school corporation to reorganize as a community school corporation.
    (b) The following may petition directly to the state board to be reorganized as a community school corporation:
        (1) A consolidated school corporation organized under section 2 of this chapter.
        (2) A county school corporation organized under IC 20-4-8-2.
        (3) (2) A metropolitan school district organized under IC 20-4-8-12 or IC 20-4-8-24.
    (c) The following apply to a school corporation that petitions directly to the state board under subsection (b):
        (1) The school corporation is not required to do the following:
            (A) Seek approval of a county committee established by IC 20-4-1-5.
            (B) Pursue a joint meeting of a county committee and the state board under IC 20-4-1-17.1.
        (2) The state board may waive the attainment of any standard required for reorganization as a community school corporation under this chapter.
SOURCE: IC 20-4-8-25; (05)CC039702.11. -->     SECTION 11. IC 20-4-8-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25. In the resolution creating a county school corporation or metropolitan school district, or in the petitions requesting the creation of or requesting a referendum on the question of creating such corporation or district, under section 2, 12 or 24 of this chapter, the resolutions or petitions may specify when such school corporation or school district shall be created and come into existence, and such corporation or district shall then be created and come into existence at the time provided in all such resolutions or petitions.
SOURCE: IC 20-4-57-7; (05)CC039702.12. -->     SECTION 12. IC 20-4-57-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) If the department of local government finance submits a petition to the school property tax control board under section 5 of this chapter, the school property tax control board shall hold a fact finding hearing.
    (b) At a hearing described in subsection (a), the school property tax control board shall determine the following:
        (1) Whether the township school has made all payments required by any statute, including the following:
            (A) P.L.32-1999.
            (B) IC 20-4-4-7. and IC 20-4-16-3.
            (C) The resolution or plan of annexation of the township school, including:
                (i) any amendment to the resolution or plan;
                (ii) any supporting or related documents; and
                (iii) any agreement between the township school and an annexing corporation relating to the winding up of affairs of the township school.
        (2) The amount, if any, by which the township school is in arrears on any payment described in subdivision (1).
        (3) Whether the township school has filed with the department all reports concerning the affairs of the township school, including all transfer tuition reports required for the two (2) school years immediately preceding the date on which the township school was annexed.
    (c) In determining the amount of arrears under subsection (b)(2), the school property tax control board shall consider all amounts due to an annexing corporation, including the following:
        (1) Any transfer tuition payments due to the annexing corporation.
        (2) All levies, excise tax distributions, and state distributions received by the township school and due to the annexing corporation, including levies and distributions received by the township school after the date on which the township school was annexed.
        (3) All excessive levies that the township school agreed to impose and pay to an annexing corporation but failed to impose.
    (d) If, in a hearing under this section, a school property tax control board determines that a township school has:
        (1) under subsection (b)(1), failed to make a required payment; or
        (2) under subsection (b)(3), failed to file a required report;
the department may act under section 8 of this chapter.
SOURCE: IC 20-8.1-5.1-26; (05)CC039702.13. -->     SECTION 13. IC 20-8.1-5.1-26 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 26. Before February 1 and before October 1 of each year, except when a hearing has been requested under IC 9-24-2-1(a)(4), the governing body of the school corporation a principal shall submit to the bureau of motor vehicles the pertinent information concerning an individual's ineligibility under IC 9-24-2-1 to be issued a driver's license or learner's permit, or concerning the invalidation of a license or permit under IC 9-24-2-4.
SOURCE: IC 20-8.1-7-11; (05)CC039702.14. -->     SECTION 14. IC 20-8.1-7-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) Not later than sixty (60) days after the enrollment of children for the first time and when additional immunizations are required by statute or rule, each school shall file a written report with the state department of health and the local health department having jurisdiction. The report shall include the following:
        (1) A statement of the number of children who have demonstrated immunity against diphtheria, pertussis (whooping cough), tetanus, measles, rubella, poliomyelitis, mumps, and hepatitis B.
        (2) A statement of the number of children who have not

demonstrated immunity against the illnesses listed in subdivision (1).
        (3) A statement of the number of children who have been found positive for sickle cell anemia and lead poisoning.
    (b) The state department of health and the local health department shall, for good cause shown that there exists a substantial threat to the health and safety of a student or the school community, be able to validate immunization reports by onsite reviews or examinations of nonidentifying immunization record data. This section does not independently authorize the state department of health, a local department of health, or an agent of the state or local department of health to have access to identifying medical or academic record data of individual students attending nonaccredited nonpublic schools.
    (c) A school shall file a report shall also be filed for each child who enrolls subsequent to the filing of the report for children who enrolled at the beginning of the school year. The state department of health shall have exclusive power to adopt rules for the administration of this section.

SOURCE: IC 20-9.1-5-22; (05)CC039702.15. -->     SECTION 15. IC 20-9.1-5-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) Except as provided in subsection (b) or in another section of this article, a person who knowingly, intentionally, or recklessly violates chapter 2, 2.5, 3, 4, or 5 of this article commits a Class C misdemeanor.
    (b) A person who violates section 6.6 of this chapter commits a Class B infraction.
SOURCE: IC 20-10.1-11-10; (05)CC039702.16. -->     SECTION 16. IC 20-10.1-11-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) Each governing body shall make requisition for the necessary textbooks for the students from the contracting publishers approved by the state board of education. The contracting publisher shall ship the books, within ninety (90) days, directly to these officials. On receipt of the books, each school corporation shall have charge and custody of all books consigned to it, receipting to the contracting publisher for them, and each governing body shall reimburse the contracting publisher the amount owed by the school corporation for these books from its general fund.
    (b) Each governing body shall purchase with its general fund money any current textbooks, from a resident student who presents them for sale on or before the beginning of the school term in which the books are to be used, at a price based on the original price to the corporation less a reasonable reduction for damage from usage.
    (c) The proper school authorities shall likewise purchase any stock of books which are to be used during any school year from any dealer whose business is located in the county in which the school corporation is located, and who was authorized by law to sell these books before March 1, 1935, at not to exceed the price paid by the dealer to the contracting publisher from whom these books were purchased.
SOURCE: IC 20-10.1-25.5-3; (05)CC039702.17. -->     SECTION 17. IC 20-10.1-25.5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The council shall advise the state superintendent and the governor on education related technology initiatives.
    (b) The appointed membership of the council shall reflect its purposes and be experienced in technology generally. An appointed member of the council serves at the pleasure of the appointing authority. The council consists of the following sixteen (16) voting members:
        (1) The state superintendent of public instruction.
        (2) The special assistant to the state superintendent of public instruction responsible for technology who is appointed under section 5 of this chapter.
        (3) Four (4) individuals who represent private business appointed jointly by the state superintendent and the governor. Each member appointed under this subdivision must be experienced in development and utilization of information technology. None of the members appointed under this subdivision may represent possible providers of technology or related services.
        (4) Three (3) individuals who:
            (A) manage educational environments, including higher education; and
            (B) are experienced in their educational work with information technology;
        are appointed jointly by the state superintendent and the governor.
        (5) Three (3) individuals who are public school educators familiar with and experienced in the use of technology in educational settings appointed jointly by the state superintendent and the governor, with one (1) representing an urban school corporation, one (1) representing a suburban school corporation, and one (1) representing a rural school corporation.
        (6) Four (4) members who are members of the general assembly and who are appointed as follows:
            (A) Two (2) members of the house of representatives, appointed by the speaker of the house of representatives with not more than one (1) from a particular political party.
            (B) Two (2) members of the senate, appointed by the president pro tempore of the senate with not more than one (1) from a particular political party.
    (c) The state superintendent shall designate the chair of the council from the membership of the council.
    (d) Nine (9) members of the council constitute a quorum to conduct business. No action of the council is valid unless approved by at least seven (7) nine (9) voting members of the council.
    (e) Each member of the council who is not a state employee is not entitled to the minimum salary per diem as provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (f) Each member of the council who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department

of administration and approved by the budget agency.
    (g) Each member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.

SOURCE: IC 20-12-76-18; (05)CC039702.18. -->     SECTION 18. IC 20-12-76-18, AS ADDED BY HEA 1288-2005, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. (a) Subject to subsections (b), (c), (e), and (f), the commission shall determine the penal sum of each surety bond based upon the following guidelines:
        (1) A postsecondary proprietary educational institution that has no annual gross tuition charges assessed for the previous year shall secure a surety bond in the amount of five thousand dollars ($5,000).
        (2) If the postsecondary proprietary educational institution's annual gross tuition charges assessed for the previous year are not more than five thousand dollars ($5,000), the institution shall secure a surety bond in the amount of one hundred percent (100%) of that institution's annual gross tuition charges assessed for the previous year.
        (3) If the postsecondary proprietary educational institution's annual gross tuition charges assessed for the previous year are more than five thousand dollars ($5,000) but less than fifty thousand dollars ($50,000), the institution shall secure a surety bond in the amount of five thousand dollars ($5,000).
        (4) If the postsecondary proprietary educational institution's annual gross tuition charges assessed for the previous year are more than fifty thousand dollars ($50,000) but less than five hundred thousand dollars ($500,000), the institution shall secure a surety bond in the amount of ten percent (10%) of that institution's annual gross tuition charges assessed for the previous year.
        (5) If the postsecondary proprietary educational institution's annual gross tuition charges assessed for the previous year are more than five hundred thousand dollars ($500,000), the institution shall secure a surety bond in the amount of fifty thousand dollars ($50,000).
    (b) When a postsecondary proprietary educational institution is required to contribute to the fund and the fund has a balance on the date that the surety bond is due of at least:
        (1) one hundred thousand dollars ($100,000), the commission shall reduce the penal sum of the surety bond described in subsection (a) by twenty percent (20%);
        (2) two hundred thousand dollars ($200,000), the commission shall reduce the penal sum of the surety bond described in subsection (a) by forty percent (40%);
        (3) three hundred thousand dollars ($300,000), the commission shall reduce the penal sum of the surety bond described in subsection (a) by sixty percent (60%);
        (4) four hundred thousand dollars ($400,000), the commission shall reduce the penal sum of the surety bond described in subsection (a) by eighty percent (80%); or
        (5) five hundred thousand dollars ($500,000), the commission shall reduce the penal sum of the surety bond described in subsection (a) by one hundred percent (100%).
    (c) Except as provided in:
        (1) section 22 21 of this chapter; and
        (2) subsection (f);
and upon the fund achieving at least an initial five hundred thousand dollar ($500,000) balance, each postsecondary proprietary educational institution that contributes to the fund when the initial quarterly contribution as required under this chapter after the fund's establishment is not required to make contributions to the fund or submit a surety bond.
    (d) The commission shall determine the number of quarterly contributions required for the fund to initially accumulate five hundred thousand dollars ($500,000).
    (e) Except as provided in section 22 21 of this chapter and subsection (f), postsecondary proprietary educational institutions that begin making contributions to the fund after the initial quarterly contribution as required under this chapter are:
        (1) required to make contributions to the fund for the same number of quarters as determined by the commission under subsection (d); and
        (2) after making the contributions to the fund as provided in subdivision (1) for the required number of quarters, may not be required to submit a surety bond.
    (f) If after the fund acquires five hundred thousand dollars ($500,000) the balance in the fund becomes less than one hundred thousand dollars ($100,000), all postsecondary proprietary educational institutions not required to make contributions to the fund as described in subsection (c) or (e) shall make contributions to the fund for the number of quarters necessary for the fund to accumulate five hundred thousand dollars ($500,000).
SOURCE: IC 20-12-76-40; (05)CC039702.19. -->     SECTION 19. IC 20-12-76-40, AS ADDED BY HEA 1288-2005, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 40. (a) Except as provided in subsection (b), a person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.
    (b) A person who, with intent to defraud, represents the person to be an agent of a postsecondary proprietary educational institution commits a Class C felony.
SOURCE: IC 20-20-14-3; (05)CC039702.20. -->     SECTION 20. IC 20-20-14-3 AS ADDED BY HEA 1288-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The council shall advise the state superintendent and the governor on education related technology initiatives.
    (b) The appointed membership of the council shall reflect its purposes and be experienced in technology generally. An appointed member of the council serves at the pleasure of the appointing authority. The council consists of the following sixteen (16) voting members:
        (1) The state superintendent.
        (2) The special assistant to the state superintendent of public

instruction responsible for technology who is appointed under section 5 of this chapter.
        (3) Four (4) individuals who represent private business appointed jointly by the state superintendent and the governor. Each member appointed under this subdivision must be experienced in development and use of information technology. A member appointed under this subdivision may not represent possible providers of technology or related services.
        (4) Three (3) individuals who:
            (A) manage educational environments, including higher education; and
            (B) are experienced in their educational work with information technology;
        are appointed jointly by the state superintendent and the governor.
        (5) Three (3) individuals who are public school educators familiar with and experienced in the use of technology in educational settings appointed jointly by the state superintendent and the governor, with one (1) representing an urban school corporation, one (1) representing a suburban school corporation, and one (1) representing a rural school corporation.
        (6) Four (4) members who are members of the general assembly and who are appointed as follows:
            (A) Two (2) members of the house of representatives, appointed by the speaker of the house of representatives with not more than one (1) from a particular political party.
            (B) Two (2) members of the senate, appointed by the president pro tempore of the senate with not more than one (1) from a particular political party.
    (c) The state superintendent shall designate the chair of the council from the membership of the council.
    (d) Nine (9) members of the council constitute a quorum to conduct business. Action of the council is not valid unless approved by at least seven (7) nine (9) voting members of the council.
    (e) Each member of the council who is not a state employee is not entitled to the minimum salary per diem as provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (f) Each member of the council who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (g) Each member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.

SOURCE: IC 20-23-5-12; (05)CC039702.21. -->     SECTION 21. IC 20-23-5-12, AS ADDED BY HEA 1288-2005,

SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) With respect to whether the disposition of the assets and liabilities of the losing school corporation, allocation of school tax receipts, and the amount to be paid by the acquiring school corporation is equitable, the court, subject to subsection (b), shall be satisfied that the annexing resolution conforms substantially to the following standards:
        (1) The acquiring school corporation shall assume a part of all installments of principal and interest on any indebtedness of the losing school corporation (other than current obligations or temporary borrowing) that fall due after the end of the last calendar year in which the losing school corporation is entitled to receive current tax receipts from property tax levies on the property of the annexed territory. The part consists of the following:
            (A) All installments relating to any indebtedness incurred in connection with the acquisition or construction of any building located in the annexed territory.
            (B) A proportion of all installments relating to any other indebtedness that is the same proportion as the valuation of the real property in the annexed territory bears to the valuation of all the real property in the losing school corporation, as the indebtedness is assessed for general taxation immediately before annexation.
        (2) The acquiring school corporation shall make the payments and assume the obligations provided for a school corporation acquiring territory or a building or buildings under IC 21-5-10.
        (3) Unless the losing school corporation consents to some other allocation, the part of the general fund money collected by the losing school corporation may not be allocated to the acquiring school corporation in a greater amount than would be awarded if the losing school corporation and the acquiring school corporation were respectively the "original school corporation" and the "annexing school corporation" within the meaning of IC 20-23-16, using the method provided in IC 20-23-16 for allocating the special school and tuition fund money.
    (b) Standards under subsection (a) may not be applicable to the extent the losing school corporation and acquiring school corporation otherwise agree in a situation where all or a majority of the students in the annexed territory have been transferred from the losing school corporation to the acquiring school corporation for the five (5) school years immediately preceding the transfer. The agreement between school corporations may not prejudice the rights of bondholders or lessors whose rights against the losing school corporation and acquiring school corporation shall, upon enforcement, be allocated between the losing school corporation and acquiring school corporation in accordance with subsection (a)(1) and (a)(2).

SOURCE: IC 20-23-6-12; (05)CC039702.22. -->     SECTION 22. IC 20-23-6-12, AS ADDED BY HEA 1288-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) This section provides an alternative method for a school corporation to be reorganized as a community school corporation.
    (b) The following may petition directly to the state board to be reorganized as a community school corporation:
        (1) A consolidated school corporation organized under section 3 of this chapter.
        (2) A county school corporation organized under IC 20-23-16-15.
        (3) (2) A metropolitan school district organized under IC 20-23-7-2 or IC 20-23-7-12.
    (c) The following apply to a school corporation that petitions directly to the state board under subsection (b):
        (1) The school corporation is not required to do the following:
            (A) Seek approval of a county committee established by IC 20-23-4-11.
            (B) Pursue a joint meeting of a county committee and the state board under IC 20-23-4-18.
        (2) The state board may waive the attainment of any standard required for reorganization as a community school corporation under this chapter.
SOURCE: IC 20-23-7-13; (05)CC039702.23. -->     SECTION 23. IC 20-23-7-13, AS ADDED BY HEA 1288-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. In the resolution creating a county school corporation or metropolitan school district or in the petitions requesting the creation of or requesting a referendum on the question of creating a corporation or district under IC 20-23-16-15 or section 2 or 12 of this chapter, the resolutions or petitions may specify when a school corporation or school district shall be created and the corporation or district shall then be created at the time provided in the resolutions or petitions.
SOURCE: IC 20-23-9-6; (05)CC039702.24. -->     SECTION 24. IC 20-23-9-6, AS ADDED BY HEA 1288-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) If the department of local government finance submits a petition to the school property tax control board under section 5 of this chapter, the school property tax control board shall hold a factfinding hearing.
    (b) At a hearing described in subsection (a), the school property tax control board shall determine the following:
        (1) Whether the township school has made all payments required by any statute, including the following:
            (A) P.L.32-1999.
            (B) IC 20-23-5-12. and IC 20-23-16-37.
            (C) The resolution or plan of annexation of the township school, including:
                (i) any amendment to the resolution or plan;
                (ii) any supporting or related documents; and
                (iii) any agreement between the township school and an annexing corporation relating to the winding up of affairs of the township school.
        (2) The amount, if any, by which the township school is in arrears on any payment described in subdivision (1).
        (3) Whether the township school has filed with the department of local government finance all reports concerning the affairs of the township school, including all transfer tuition reports required for

the two (2) school years immediately preceding the date on which the township school was annexed.
    (c) In determining the amount of arrears under subsection (b)(2), the school property tax control board shall consider all amounts due to an annexing corporation, including the following:
        (1) Any transfer tuition payments due to the annexing corporation.
        (2) All levies, excise tax distributions, and state distributions received by the township school and due to the annexing corporation, including levies and distributions received by the township school after the date on which the township school was annexed.
        (3) All excessive levies that the township school agreed to impose and pay to an annexing corporation but failed to impose.
    (d) If, in a hearing under this section, a school property tax control board determines that a township school has:
        (1) under subsection (b)(1), failed to make a required payment; or
        (2) under subsection (b)(3), failed to file a required report;
the department may act under section 7 of this chapter.

SOURCE: IC 20-23-16-2; (05)CC039702.25. -->     SECTION 25. IC 20-23-16-2, AS ADDED BY HEA 1288-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) Reorganization plans approved before March 15, 1963, by the state board are void on March 15, 1963, except with respect to any community school corporation where:
        (1) any plan has received a majority affirmative vote at an election;
        (2) the plan has been certified by the clerk of the circuit court as being petitioned in by fifty-five percent (55%) or more of the registered voters for any such reorganized school corporation and notice has been published by the county committee under sections 1 and 6 of this chapter and IC 20-23-4-11 through IC 20-23-4-17, IC 20-23-4-20 through IC 20-23-4-23, IC 20-23-4-42, and IC 20-23-4-43; or
        (3) the plan provides for a school corporation meeting the qualifications for formation of a community school corporation under IC 20-23-4-16.
    (b) The county committee and other government officials shall, with respect to any such voided reorganization plan, take all actions necessary for the preparation of a comprehensive plan as if a prior plan had not been submitted, and within the time prescribed by IC 20-23-4-5 IC 20-23-4-11 through IC 20-23-4-10 IC 20-23-4-17 and IC 20-23-16-1.
SOURCE: IC 20-23-16-3; (05)CC039702.26. -->     SECTION 26. IC 20-23-16-3, AS ADDED BY HEA 1288-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. With respect to a proposed community school corporation formed out of two (2) or more school corporations operating a joint high school that has an enrollment of at least six hundred (600) in grades 9 through 12 at the time of the adoption of a preliminary plan adopted under IC 20-23-4-5 IC 20-23-4-11 through IC 20-23-4-10, IC 20-23-4-17, IC 20-23-16-1, and IC 20-23-16-2, the preliminary plan or final plan adopted under IC 20-23-4-5 IC 20-23-4-11 through IC 20-23-4-10, IC 20-23-4-17, IC 20-23-16-1, and IC 20-23-16-2 may provide for a board of nine (9) members.
SOURCE: IC 20-25-5-15; (05)CC039702.27. -->     SECTION 27. IC 20-25-5-15, AS ADDED BY HEA 1288-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. With respect to whether the disposition of the assets and liabilities of the losing school corporation is equitable, the allocation of school tax receipts is equitable, and the amount to be paid by the acquiring school corporation is equitable, a court must be satisfied that the annexing resolution conforms substantially to the following standards:
        (1) Except for current obligations or temporary borrowing, the acquiring school corporation shall assume a part of all installments of principal and interest on the indebtedness of the losing school corporation that is due after the end of the last calendar year in which the losing school corporation is entitled to receive current tax receipts from property tax levies on the property in the annexed territory. The part assumed by the acquiring school corporation consists of the following:
            (A) All installments relating to any indebtedness incurred in connection with the acquisition or construction of a building located in the annexed territory.
            (B) A proportion of all installments relating to any other indebtedness that is in the same proportion as the valuation of the real property in the annexed territory bears to the valuation of all the real property in the losing school corporation. Valuation under this clause is based upon the assessment for general taxation immediately before annexation.
        (2) The acquiring school corporation shall make the payments and assume the obligations provided for a school corporation acquiring:
            (A) territory;
            (B) a building or buildings; or
            (C) both territory and a building or buildings;
        under IC 21-5-10.
        (3) Unless the losing school corporation consents to another allocation, the part of the special school and tuition fund money collected by the losing school corporation shall not be allocated in a greater amount to the acquiring school corporation than would be awarded if the:
            (A) two (2) corporations were respectively the original school corporation and the annexing school corporation under IC 20-23-16; and
            (B) amount to be paid to the losing corporation by the acquiring school corporation based on the acquisition by the acquiring school corporation of a building in the annexed territory may not be less than would be awarded if the two (2) school corporations were respectively the acquiring school corporation and original school corporation under IC 20-23-16.
        (4) (3) If the annexed territory includes an entire losing school corporation, the acquiring school corporation shall:
            (A) acquire all the property and assets of the losing school corporation without making any payments for the losing school corporation; and
            (B) assume all of the liabilities and obligations of the losing

school corporation.

SOURCE: IC 20-25-10-3; (05)CC039702.28. -->     SECTION 28. IC 20-25-10-3, AS ADDED BY HEA 1288-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The board shall:
        (1) modify, develop, and publish the plan required under this chapter; and
        (2) implement the modified plan;
in compliance with the timelines of IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10.
SOURCE: IC 20-25-10-5; (05)CC039702.29. -->     SECTION 29. IC 20-25-10-5, AS ADDED BY HEA 1288-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The board shall annually assess and evaluate educational programs offered by the school city to determine:
        (1) the relationship of the programs to improved student achievement; and
        (2) the educational value of the programs in relation to cost.
    (b) The board may obtain information from:
        (1) educators in the schools offering a program;
        (2) students participating in a program; and
        (3) the parents of students participating in a program;
in preparing an assessment and evaluation under this section. The assessment must include the performance of the school's students in achieving student performance improvement levels under IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, IC 20-31-10, and IC 20-25-11.
SOURCE: IC 20-25-11-1; (05)CC039702.30. -->     SECTION 30. IC 20-25-11-1, AS ADDED BY HEA 1288-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The board shall establish annual student performance improvement levels for each school that are not less rigorous than the student performance improvement levels under IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10, including the following:
        (1) For students:
            (A) improvement in results on assessment tests and assessment programs;
            (B) improvement in attendance rates; and
            (C) improvement in progress toward graduation.
        (2) For teachers:
            (A) improvement in student results on assessment tests and assessment programs;
            (B) improvement in the number and percentage of students achieving:
                (i) state achievement standards; and
                (ii) if applicable, performance levels set by the board;
            on assessment tests;
            (C) improvement in student progress toward graduation;
            (D) improvement in student attendance rates for the school year;
            (E) improvement in individual teacher attendance rates;
            (F) improvement in:
                (i) communication with parents; and
                (ii) parental involvement in classroom and extracurricular

activities; and
            (G) other objectives developed by the board.
        (3) For the school and school administrators:
            (A) improvement in student results on assessment tests, totaled by class and grade;
            (B) improvement in the number and percentage of students achieving:
                (i) state achievement standards; and
                (ii) if applicable, performance levels set by the board;
            on assessment tests, totaled by class and grade;
            (C) improvement in:
                (i) student graduation rates; and
                (ii) progress toward graduation;
            (D) improvement in student attendance rates;
            (E) management of:
                (i) general fund expenditures; and
                (ii) total expenditures;
            per student;
            (F) improvement in teacher attendance rates; and
            (G) other objectives developed by the board.

SOURCE: IC 20-25-13-7; (05)CC039702.31. -->     SECTION 31. IC 20-25-13-7, AS ADDED BY HEA 1288-2005, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. IC 20-28-6-4 and IC 20-28-6-5 apply to certificated employees in the school city. A teacher's students' performance improvement levels under the assessment tests and programs of IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-9, and IC 20-31-10 may be used as a factor, but not the only factor, to evaluate the performance of a teacher in the school city.
SOURCE: IC 20-26-7-33; (05)CC039702.32. -->     SECTION 32. IC 20-26-7-33, AS ADDED BY HEA 1288-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 33. (a) The hearing described in section 32 31 of this chapter may be adjourned from day to day.
    (b) When the hearing has concluded, the board of county commissioners and county council, acting jointly, shall determine from:
        (1) the evidence submitted;
        (2) an inspection of the building; or
        (3) both the evidence and an inspection;
if the building should be condemned.
    (c) If the board of county commissioners and county council, acting jointly, determine that the building should be condemned, the board and council shall fix a date when the order of the board and council becomes effective. An appeal from the finding and determination of the board of county commissioners may be made to the circuit or superior court of the county in the same manner as appeals are taken from the board of county commissioners.
SOURCE: IC 20-26-11-8; (05)CC039702.33. -->     SECTION 33. IC 20-26-11-8, AS ADDED BY HEA 1288-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) A student who is placed in a state licensed private or public health care facility, child care facility, or foster family home:
        (1) by or with the consent of the division of family and children;
        (2) by a court order; or
        (3) by a child placing agency licensed by the division of family and children;
may attend school in the school corporation in which the home or facility is located. If the school corporation in which the home or facility is located is not the school corporation in which the student has legal settlement, the school corporation in which the student has legal settlement shall pay the transfer tuition of the student.
    (b) A student who is placed in a state licensed private or public health care or child care facility by a parent may attend school in the school corporation in which the facility is located if:
        (1) the placement is necessary for the student's physical or emotional health and well-being and, if the placement is in a health care facility, is recommended by a physician; and
        (2) the placement is projected to be for not less than fourteen (14) consecutive calendar days or a total of twenty (20) calendar days.
The school corporation in which the student has legal settlement shall pay the transfer tuition of the student. The parent of the student shall notify the school corporation in which the facility is located and the school corporation of the student's legal settlement, if identifiable, of the placement. Not later than thirty (30) days after this notice, the school corporation of legal settlement shall either pay the transfer tuition of the transferred student or appeal the payment by notice to the department. The acceptance or notice of appeal by the school corporation must be given by certified mail to the parent or guardian of the student and any affected school corporation. In the case of a student who is not identified as disabled under IC 20-35, the state board shall make a determination on transfer tuition according to the procedures in section 15 of this chapter. In the case of a student who has been identified as disabled under IC 20-35, the determination on transfer tuition shall be made under this subsection and the procedures adopted by the state board under IC 20-35-2-1(c)(5). IC 20-35-2-1(b)(5).
    (c) A student who is placed in:
        (1) an institution operated by the division of disability, aging, and rehabilitative services or the division of mental health and addiction; or
        (2) an institution, a public or private facility, a home, a group home, or an alternative family setting by the division of disability, aging, and rehabilitative services or the division of mental health and addiction;
may attend school in the school corporation in which the institution is located. The state shall pay the transfer tuition of the student, unless another entity is required to pay the transfer tuition as a result of a placement described in subsection (a) or (b) or another state is obligated to pay the transfer tuition.
SOURCE: IC 20-26-12-15; (05)CC039702.34. -->     SECTION 34. IC 20-26-12-15 AS ADDED BY HEA 1288-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) A governing body shall requisition the necessary textbooks from the contracting publishers approved by the state board. The contracting publisher shall ship the

textbooks to the governing body not more than ninety (90) days after the requisition. On receipt of the textbooks, the governing body's school corporation has custody of the textbooks. The governing body shall provide a receipt to the contracting publisher and reimburse the contracting publisher the amount owed by the school corporation from the school corporation's general fund.
    (b) A governing body shall purchase textbooks:
        (1) from a resident student who presents the textbooks for sale on or before the beginning of the school term in which the books are to be used;
        (2) with money from the school corporation's general fund; and
        (3) at a price based on the original price to the school corporation minus a reasonable reduction for damage from usage.
    (c) The proper school authorities shall purchase any textbooks that are to be used during any school year from any dealer:
        (1) whose business is located in the county in which the school corporation is located; and
        (2) who was authorized to sell textbooks before March 1, 1935.
The purchase price may not exceed the price paid by the dealer to the contracting publisher.

SOURCE: IC 20-27-3-8; (05)CC039702.35. -->     SECTION 35. IC 20-27-3-8, AS ADDED BY HEA 1288-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.
SOURCE: IC 20-27-5-33; (05)CC039702.36. -->     SECTION 36. IC 20-27-5-33, AS ADDED BY HEA 1288-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 33. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.
SOURCE: IC 20-27-6-8; (05)CC039702.37. -->     SECTION 37. IC 20-27-6-8, AS ADDED BY HEA 1288-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.
SOURCE: IC 20-27-7-19; (05)CC039702.38. -->     SECTION 38. IC 20-27-7-19, AS ADDED BY HEA 1288-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.
SOURCE: IC 20-27-8-16; (05)CC039702.39. -->     SECTION 39. IC 20-27-8-16, AS ADDED BY HEA 1288-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. Except as provided in section 3(b) of this chapter, a person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.
SOURCE: IC 20-27-9-17; (05)CC039702.40. -->     SECTION 40. IC 20-27-9-17, AS ADDED BY HEA 1288-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. Except as provided in this article, a person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.
SOURCE: IC 20-27-10-4; (05)CC039702.41. -->     SECTION 41. IC 20-27-10-4, AS ADDED BY HEA 1288-2005,

SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. A person who knowingly, intentionally, or recklessly violates this chapter commits a Class C misdemeanor.

SOURCE: IC 20-28-1-10; (05)CC039702.42. -->     SECTION 42. IC 20-28-1-10, AS ADDED BY HEA 1288-2005, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. "Managing body" refers to:
        (1) the governing body;
        (2) the board of managers (as defined in IC 20-35-5-1(a)(3)); IC 20-35-5-1(3)); or
        (3) any other governing entity;
that has the responsibility for administering the school corporation's special education program or a special education cooperative organized under IC 20-35-5, IC 20-26-10, or IC 36-1-7.
SOURCE: IC 20-33-2-32; (05)CC039702.43. -->     SECTION 43. IC 20-33-2-32, AS ADDED BY HEA 1288-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 32. (a) In a county that has not been completely reorganized under IC 20-23-4, the governing body of each school corporation that constitutes a separate attendance district under section 3 30 of this chapter shall appoint an attendance officer. One (1) additional attendance officer may be appointed for every seven thousand five hundred (7,500) students in average daily attendance in the corporation.
    (b) Whenever the governing body of a school corporation makes an appointment under this section, it shall appoint an individual nominated by the superintendent. However, the governing body may decline to appoint any nominee and require another nomination. The salary of each attendance officer appointed under this section shall be fixed by the governing body. In addition to salary, the officer is entitled to receive reimbursement for actual expenses necessary to properly perform the officer's duties. The salary and expenses of an attendance officer appointed under this section shall be paid by the treasurer of the county in which the officer serves, on a warrant signed by the county auditor. The county council shall appropriate, and the board of county commissioners shall allow, the funds necessary to make these payments. However, a warrant shall not be issued to an attendance officer until the attendance officer has filed an itemized statement with the county auditor. This statement shall show the time employed and expenses incurred. The superintendent shall approve the statement and certify that it is correct.
SOURCE: IC 20-33-8-33; (05)CC039702.44. -->     SECTION 44. IC 20-33-8-33, AS ADDED BY HEA 1288-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 33. Before February 1 and before October 1 of each year, except when a hearing has been requested to determine financial hardship under IC 9-24-2-1(a)(4), the governing body of the school corporation a principal shall submit to the bureau of motor vehicles the pertinent information concerning an individual's ineligibility under IC 9-24-2-1 to be issued a driver's license or learner's permit, or concerning the invalidation of a license or permit under IC 9-24-2-4.
SOURCE: IC 20-34-4-6; (05)CC039702.45. -->     SECTION 45. IC 20-34-4-6, AS ADDED BY HEA 1288-2005,

SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) Not later than sixty (60) days after the enrollment of students for the first time and when additional immunizations are required by statute or rule, each school shall file a written report with the state department of health and the local health department having jurisdiction. The report must include the following:
        (1) A statement of the number of students who have demonstrated immunity against diphtheria, pertussis (whooping cough), tetanus, measles, rubella, poliomyelitis, mumps, and hepatitis B.
        (2) A statement of the number of students who have not demonstrated immunity against the illnesses listed in subdivision (1).
        (3) A statement of the number of students who have been found positive for sickle cell anemia or lead poisoning.
    (b) The state department of health and the local health department shall, for good cause shown that there exists a substantial threat to the health and safety of a student or the school community, be able to validate immunization reports by onsite reviews or examinations of nonidentifying immunization record data. This section does not independently authorize the state department of health, a local department of health, or an agent of the state department of health or local department of health to have access to identifying medical or academic record data of individual students attending nonaccredited nonpublic schools.
    (c) A school shall file a report shall be filed for each student who enrolls subsequent to after the filing of the report for students who enrolled at the beginning of the school year. The state department of health has exclusive power to adopt rules for the administration of this section.

SOURCE: IC 20-35-4-10; (05)CC039702.46. -->     SECTION 46. IC 20-35-4-10, AS ADDED BY HEA 1288-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) For purposes of this section, "comprehensive plan" means a plan for educating the following:
        (1) All children with disabilities that a school corporation is required to educate under sections 8 through 9 of this chapter.
        (2) The additional children with disabilities that the school corporation elects to educate.
    (b) For purposes of this section, "school corporation" includes the following:
        (1) The Indiana School for the Blind board.
        (2) The Indiana School for the Deaf board.
    (c) The state board shall adopt rules under IC 4-22-2 detailing the contents of the comprehensive plan. Each school corporation shall complete and submit to the state superintendent a comprehensive plan. School corporations operating cooperative or joint special education services may submit a single comprehensive plan. In addition, if a school corporation enters into a contractual agreement as permitted under section 9 of this chapter, the school corporation shall collaborate with the service provider in formulating the comprehensive plan.
    (d) Notwithstanding the age limits set out in IC 20-35-1-1, IC 20-35-1-2, the state board may:
        (1) conduct a program for the early identification of children with disabilities, between the ages of birth and less than twenty-two (22) years of age not served by the public schools or through a contractual agreement under section 9 of this chapter; and
        (2) use agencies that serve children with disabilities other than the public schools.
    (e) The state board shall adopt rules under IC 4-22-2 requiring the:
        (1) department of correction;
        (2) state department of health;
        (3) division of disability, aging, and rehabilitative services;
        (4) Indiana School for the Blind board;
        (5) Indiana School for the Deaf board; and
        (6) division of mental health and addiction;
to submit to the state superintendent a plan for the provision of special education for children in programs administered by each respective agency who are entitled to a special education.
    (f) The state superintendent shall furnish professional consultant services to school corporations and the entities listed in subsection (e) to aid them in fulfilling the requirements of this section.
SOURCE: IC 20-35-5-15; (05)CC039702.47. -->     SECTION 47. IC 20-35-5-15, AS ADDED BY HEA 1288-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. Meetings of the board of managers shall be held in accordance with IC 20-26-4-2. IC 20-26-4-3.
SOURCE: IC 20-35-8-2; (05)CC039702.48. -->     SECTION 48. IC 20-35-8-2, AS ADDED BY HEA 1288-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The state board shall adopt rules under IC 4-22-2 to establish limits on the amount of transportation that may be provided in the student's individualized education program. Unless otherwise specially shown to be essential by the child's individualized education program, in case of residency in a public or private facility, these rules must limit the transportation required by the student's individualized education program to the following:
        (1) The student's first entrance and final departure each school year.
        (2) Round trip transportation each school holiday period.
        (3) Two (2) additional round trips each school year.
    (b) If a student is a transfer student receiving special education in a public school, the state or school corporation responsible for the payment of transfer tuition under IC 20-33-6-1 IC 20-26-11-1 through IC 20-33-6-4 IC 20-26-11-4 shall pay the cost of transportation required by the student's individualized education program. However, if a transfer student was counted as an eligible student for purposes of a distribution in a calendar year under IC 21-3-3.1, the transportation costs that the transferee school may charge for a school year ending in the calendar year shall be reduced by the sum of the following:
        (1) The quotient of:
            (A) the amount of money that the transferee school is eligible to receive under IC 21-3-3.1-2.1 for the calendar year in which the school year ends; divided by
            (B) the number of eligible students for the transferee school for the calendar year (as determined under IC 21-3-3.1-2.1).
        (2) The amount of money that the transferee school is eligible to receive under IC 21-3-3.1-4 for the calendar year in which the school year ends for the transportation of the transfer student during the school year.
    (c) If a student receives a special education:
        (1) in a facility operated by:
            (A) the state department of health;
            (B) the division of disability, aging, and rehabilitative services; or
            (C) the division of mental health and addiction;
        (2) at the Indiana School for the Blind; or
        (3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall pay the cost of transportation required by the student's individualized education program. However, if the student's legal settlement cannot be ascertained, the state board shall pay the cost of transportation required by the student's individualized education program.
    (d) If a student is placed in a private facility under IC 20-35-6-2 in order to receive a special education because the student's school corporation cannot provide an appropriate special education program, the school corporation in which the student has legal settlement shall pay the cost of transportation required by the student's individualized education program. However, if the student's legal settlement cannot be ascertained, the state board shall pay the cost of transportation required by the student's individualized education program.
SOURCE: IC 20-37-1-1; (05)CC039702.49. -->     SECTION 49. IC 20-37-1-1, AS ADDED BY HEA 1288-2005, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Two (2) or more school corporations may cooperate to:
        (1) establish; and
        (2) maintain or supervise;
schools or departments for vocational education if the governing bodies of the school corporations agree to cooperate and apportion the cost of the schools or departments among the school corporations.
    (b) If the cooperating school corporations agree to:
        (1) establish; and
        (2) maintain or supervise;
the schools or departments under subsection (a), the heads designated representatives of the school corporations or their delegated representatives constitute a board for the management of the schools or departments. The board may adopt a plan of organization, administration, and support for the schools or departments. The plan, if approved by the state board, is a binding contract between the cooperating school corporations.
    (c) The governing bodies of the cooperating school corporations may cancel or annul the plan described in subsection (b) by the vote of a majority of the governing bodies and upon the approval of the state board. However, if a school corporation desires to withdraw a course offering from the cooperative agreement after:
        (1) attempting to withdraw the course offering under a withdrawal procedure authorized by the school corporation's cooperative

agreement or bylaw; and
        (2) being denied the authority to withdraw the course offering;
the school corporation may appeal the denial to the state board. In the appeal, a school corporation must submit a proposal requesting the withdrawal to the state board for approval.
    (d) The proposal under subsection (c) must do the following:
        (1) Describe how the school corporation intends to implement the particular vocational education course.
        (2) Include a provision that provides for at least a two (2) year phaseout of the educational program or course offering from the cooperative agreement.
Upon approval of the proposal by the state board, the school corporation may proceed with the school corporation's withdrawal of the course offering from the cooperative agreement and shall proceed under the proposal.
    (e) The withdrawal procedure under subsections (c) and (d) may not be construed to permit a school corporation to change any other terms of the plan described in subsection (b) except those terms that require the school corporation to provide the particular course offering sought to be withdrawn.
    (f) The board described in subsection (b) may do the following:
        (1) Enter into an agreement to acquire by lease or purchase:
            (A) sites;
            (B) buildings; or
            (C) equipment;
        that is suitable for these schools or departments. This authority extends to the acquisition of facilities available under IC 21-5-11.
        (2) By resolution adopted by a majority of the board, designate three (3) or more individuals from the board's membership to constitute an executive committee.
    (g) To the extent provided in a resolution adopted under subsection (f)(2), an executive committee shall do the following:
        (1) Exercise the authority of the full board in the management of the schools or departments.
        (2) Submit a written summary of its actions to the full board at least semiannually.

SOURCE: IC 33-33-53-5; (05)CC039702.50. -->     SECTION 50. IC 33-33-53-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. In accordance with rules adopted by the judges of the court under section 6 of this chapter, the presiding judge shall do the following:
        (1) Ensure that the court operates efficiently and judicially under rules adopted by the court.
        (2) Annually submit to the fiscal body of Monroe County a budget for the court, including amounts necessary for:
            (A) the operation of the circuit's probation department;
            (B) the defense of indigents; and
            (C) maintaining an adequate law library.
        (3) Make the appointments or selections required of a circuit or superior court judge under the following statutes:
            IC 8-4-21-2
            IC 11-12-2-2
            IC 16-22-2-4
            IC 16-22-2-11
            IC 16-22-7
            IC 20-4-1
            IC 20-4-8
            IC 20-4-15-2
            IC 20-5-20-4
            IC 20-5-23-1
            IC 20-14-10-10
            IC 21-5-11-8
            IC 21-5-12-8
            IC 36-9
            IC 36-10.
        (4) Make appointments or selections required of a circuit or superior court judge by any other statute, if the appointment or selection is not required of the court because of an action before the court.
SOURCE: IC 36-1-14-1; (05)CC039702.51. -->     SECTION 51. IC 36-1-14-1, AS AMENDED BY HEA 1288-2005, SECTION 236, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) This section does not apply to donations of proceeds from riverboat gaming to a public school endowment corporation under IC 20-26-5-19. IC 20-26-5-21.
    (b) As used in this section, "riverboat gaming revenue" means tax revenue received by a unit under IC 4-33-12-6, IC 4-33-13, or an agreement to share a city's or county's part of the tax revenue.
    (c) Notwithstanding IC 8-1.5-2-6(d), a unit may donate the proceeds from the sale of a utility or facility or from a grant, a gift, a donation, an endowment, a bequest, a trust, or riverboat gaming revenue to a foundation under the following conditions:
        (1) The foundation is a charitable nonprofit community foundation.
        (2) The foundation retains all rights to the donation, including investment powers.
        (3) The foundation agrees to do the following:
            (A) Hold the donation as a permanent endowment.
            (B) Distribute the income from the donation only to the unit as directed by resolution of the fiscal body of the unit.
            (C) Return the donation to the general fund of the unit if the foundation:
                (i) loses the foundation's status as a public charitable organization;
                (ii) is liquidated; or
                (iii) violates any condition of the endowment set by the fiscal body of the unit.
SOURCE: IC 20-4-1-14; IC 20-4-1-28; IC 20-4-1-35; IC 20-4-1-36; IC 20-4-1-37; IC 20-4-1-38; IC 20-4-5-9; IC 20-4-5-10; IC 20-4-5-11; IC 20-4-8-2; IC 20-4-8-3; IC 20-4-8-4; IC 20-4-8-5; IC 20-4-8-6; IC 20-4-8-7; IC 20-4-8-8; IC 20-4-8-9; IC 20-4-8-10; IC 20-4-8-11; IC 20-4-8-27; IC 20-4-15-1; IC 20-4-15-2; IC 20-4-15-3; IC 20-4-15-4; IC 20-4-15-5; IC 20-4-15-6; IC 20-4-16-1; IC 20-4-16-2; IC 20-4-16- 3; IC 20-4-16-4; IC 20-4-16-5; IC 20-4-16-6; IC 20-23-16-2; IC 20- 23-16-6; IC 20-23-16-7; IC 20-23-16-8; IC 20-23-16-9; IC 20-23-16- 10; IC 20-23-16-12; IC 20-23-16-13; IC 20-23-16-14; IC 20-23-16- 15; IC 20-23-16-16; IC 20-23-16-17; IC 20-23-16-18; IC 20-23-16- 19; IC 20-23-16-20; IC 20-23-16-21; IC 20-23-16-22; IC 20-23-16- 23; IC 20-23-16-24; IC 20-23-16-28; IC 20-23-16-29; IC 20-23-16- 30; IC 20-23-16-31; IC 20-23-16-32; IC 20-23-16-33; IC 20-23-16- 34; IC 20-23-16-35; IC 20-23-16-36; IC 20-23-16-37; IC 20-23-16- 38; IC 20-23-16-39; IC 20-23-16-40.
; (05)CC039702.52. -->     SECTION 52. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2005]: IC 20-4-1-14; IC 20-4-1-28; IC 20-4-1-35; IC 20-4-1-36; IC 20-4-1-37; IC 20-4-1-38; IC 20-4-5-9; IC 20-4-5-10; IC 20-4-5-11; IC 20-4-8-2; IC 20-4-8-3; IC 20-4-8-4; IC 20-4-8-5; IC 20-4-8-6; IC 20-4-8-7; IC 20-4-8-8; IC 20-4-8-9; IC 20-4-8-10; IC 20-4-8-11; IC 20-4-8-27; IC 20-4-15-1; IC 20-4-15-2; IC 20-4-15-3; IC 20-4-15-4; IC 20-4-15-5; IC 20-4-15-6; IC 20-4-16-1; IC 20-4-16-2; IC 20-4-16-3; IC 20-4-16-4; IC 20-4-16-5; IC 20-4-16-6;

IC 20-23-16-2; IC 20-23-16-6; IC 20-23-16-7; IC 20-23-16-8; IC 20-23-16-9; IC 20-23-16-10; IC 20-23-16-12; IC 20-23-16-13; IC 20-23-16-14; IC 20-23-16-15; IC 20-23-16-16; IC 20-23-16-17; IC 20-23-16-18; IC 20-23-16-19; IC 20-23-16-20; IC 20-23-16-21; IC 20-23-16-22; IC 20-23-16-23; IC 20-23-16-24; IC 20-23-16-28; IC 20-23-16-29; IC 20-23-16-30; IC 20-23-16-31; IC 20-23-16-32; IC 20-23-16-33; IC 20-23-16-34; IC 20-23-16-35; IC 20-23-16-36; IC 20-23-16-37; IC 20-23-16-38; IC 20-23-16-39; IC 20-23-16-40.
    (Reference is to ESB 397 as printed March 22, 2005.)




Conference Committee Report

on

Engrossed Senate Bill 397



Text Box

S

igned by:

    ____________________________    ____________________________
    Senator LandskeRepresentative Foley
    Chairperson

    ____________________________    ____________________________
    Senator LananeRepresentative Oxley

    Senate Conferees    House Conferees


CC039702/DI 71
2005