Introduced Version
HOUSE BILL No. 1621
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-18-2-23; IC 20-25-16-1; IC 20-26;
IC 20-33-5; IC 20-40-16; IC 20-41; IC 20-42-3-10; IC 20-43.
Synopsis: Elimination of textbook rental program. Abolishes the
textbook rental program for public school students. Expands the
definition of "textbook" to include materials used in student instruction.
Requires school corporations to establish and appropriate money from
a textbook fund to purchase all needed textbooks for loan without
charge to corporation students. Provides an annual state textbook grant
equal to $95 multiplied by the average daily membership of a school
corporation. Requires the deposit of grant funds in the textbook fund.
Effective: July 1, 2007.
Oxley, Pelath
January 23, 2007, read first time and referred to Committee on Education.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1621
A BILL FOR AN ACT to amend the Indiana Code concerning
education finance.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-18-2-23; (07)IN1621.1.1. -->
SECTION 1. IC 20-18-2-23, AS ADDED BY P.L.1-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 23. (a) "Textbook" means systematically
organized material designed to provide a specific level of instruction
in a subject matter category.
(b) The term includes the following:
(1) Instructional materials that are used by students for more
than one (1) year, including materials used in special
education and gifted and talented classes.
(2) Workbooks and consumable instructional materials that
are used by students for not more than one (1) school year,
including workbooks, consumable textbooks, and other
consumable instructional materials that are used in special
education and gifted and talented classes.
(3) Developmentally appropriate materials used:
(A) for instruction in kindergarten through grade 3,
laboratories, and children's literature programs; and
(B) instead of items described in subdivisions (1) and (2).
SOURCE: IC 20-25-16-1; (07)IN1621.1.2. -->
SECTION 2. IC 20-25-16-1, AS AMENDED BY P.L.2-2006,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. To provide the board with the
necessary flexibility and resources to carry out this article, the
following apply:
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city, except for the provision of
IC 20-29-6-7(a) that requires any items included in the 1972-1973
agreements between an employer school corporation and an
employee organization to continue to be bargainable.
(3) The board may waive the following statutes and rules for any
school in the school city without administrative, regulatory, or
legislative approval:
(A) The following rules concerning curriculum and
instructional time:
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(C) The following statutes and rules concerning textbooks and
rules adopted under the statutes:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-1
IC 20-26-12-2
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
511 IAC 6.1-5-5.
(D) 511 IAC 6.1-4-2 concerning school principals.
(4) Notwithstanding any other law, a school city may do the
following:
(A) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
city purpose.
(B) Establish a professional development and technology fund
to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or
local government taxation to any account of the school
corporation, including a professional development and
technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general
fund and the school transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund and
the school transportation fund after a transfer occurs under this
subdivision may not exceed the sum of the property tax rates
for the general fund and the school transportation fund before
a transfer occurs under this subdivision.
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the debt service fund.
SOURCE: IC 20-26-5-4; (07)IN1621.1.3. -->
SECTION 3. IC 20-26-5-4, AS AMENDED BY P.L.168-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. In carrying out the school purposes of a school
corporation, the governing body acting on the school corporation's
behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment.
(3) To appropriate from the school corporation's general fund an
amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based on
the school corporation's previous year's ADM, to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for
construction, erection, or maintenance of real estate, real estate
improvements, or an interest in real estate or real estate
improvements, as the governing body considers necessary for
school purposes, including buildings, parts of buildings,
additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks and to furnish textbooks without cost
or to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
SOURCE: IC 20-26-12-1; (07)IN1621.1.4. -->
SECTION 4. IC 20-26-12-1, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) Except as provided in subsections
subsection (b) and (c) and notwithstanding any other law, each
governing body shall purchase from a contracting publisher, at a price
equal to or less than the net contract price, the textbooks adopted by the
state board and selected by the proper local officials. and shall rent
these textbooks to each student enrolled in a public school that is:
(1) in compliance with the minimum certification standards of the
board; and
(2) located within the attendance unit served by the governing
body.
(b) This section does not prohibit the purchase of textbooks at the
option of a student or the providing of free textbooks by the governing
body under sections 6 through 21 of this chapter.
(c) (b) This section does not prohibit a governing body from
suspending the operation of this section under a contract entered into
under IC 20-26-15.
SOURCE: IC 20-26-12-2; (07)IN1621.1.5. -->
SECTION 5. IC 20-26-12-2, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. (a) A governing body may purchase from a
contracting publisher, at a price equal to or less than the net contract
price, any textbook adopted by the state board and selected by the
proper local officials to carry out section 16 of this chapter.
(b) In addition to textbooks purchased under subsection (a), the
governing body may purchase sufficient textbooks to rent these
textbooks to students enrolled in any public or nonpublic school that is:
(1) in compliance with the minimum certification standards of the
state board; and
(2) located within the attendance unit served by the governing
body.
The annual rental rate may not exceed twenty-five percent (25%) of the
retail price of the textbooks.
(b) (c) Notwithstanding subsection (a), (b), the governing body may
not assess a rental fee to a nonpublic school of more than fifteen
percent (15%) of the retail price of a textbook that has been:
(1) adopted for usage by students under IC 20-20-5;
(2) extended for usage by students under IC 20-20-5-2; and
(3) paid for through rental fees previously collected. textbook
grants under IC 20-43-10-3.
(c) (d) This section does not limit other laws.
SOURCE: IC 20-26-12-6; (07)IN1621.1.6. -->
SECTION 6. IC 20-26-12-6, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) Sections 7 through 21 of this chapter apply
to elementary and high school libraries that contain free textbooks. The
textbooks must be adopted by the board and selected by the proper
local officials.
(b) As used in sections 6 7 through 21 of this chapter, "resident
student" means a student enrolled in any of the grades in any school
located in a school corporation, whether the student resides there or is
transferred there for school purposes.
SOURCE: IC 20-26-12-13; (07)IN1621.1.7. -->
SECTION 7. IC 20-26-12-13, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 13. If a sufficient petition is filed under section 11
of this chapter, a The governing body shall note on the records of the
governing body's a school corporation that by filing the petition the
school corporation must shall maintain:
(1) an elementary school library containing textbooks in sufficient
numbers to meet the needs of every resident student in each of the
first eight (8) grades of each elementary school located within the
school corporation; or
(2) a high school library containing textbooks in sufficient
numbers to meet the needs of every resident student in each of the
four (4) grades of each high school located within the school
corporation;
as applicable.
SOURCE: IC 20-26-12-15; (07)IN1621.1.8. -->
SECTION 8. IC 20-26-12-15, AS ADDED BY P.L.231-2005,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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 appropriate the money
necessary to purchase textbooks for a library under section 13 of
this chapter from the school corporation's general textbook 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.
SOURCE: IC 20-26-12-16; (07)IN1621.1.9. -->
SECTION 9. IC 20-26-12-16, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 16. Upon receipt of the textbooks, A governing
body shall loan the all textbooks used by the school corporation at no
charge to each resident student. Library textbooks are available to each
resident student under this chapter and under regulations prescribed by
the superintendent and governing body of the school corporation.
SOURCE: IC 20-26-12-17; (07)IN1621.1.10. -->
SECTION 10. IC 20-26-12-17, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 17. (a) If a student transfers to a school
corporation other than the one in which the student resides under
IC 20-26-11, the governing body of the school corporation to which the
student transfers shall purchase a sufficient supply of books for the
transferred student.
(b) In the annual settlement between the school corporations for
tuition of transferred students, the amounts must include rental of the
books furnished to the transferred students. The state board shall
determine the rental rate.
SOURCE: IC 20-26-12-22; (07)IN1621.1.11. -->
SECTION 11. IC 20-26-12-22, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 22. If a school corporation purchases textbooks on
a time basis:
(1) the schedule for payments shall coincide with student
payments distributions under IC 20-43-10-3 to the school
corporation for textbook rental; textbooks; and
(2) the schedule must not require the school corporation to
assume a greater burden than payment of twenty-five percent
(25%) within thirty (30) days after the beginning of the school
year immediately following delivery by the contracting publisher
with the school corporation's promissory note evidencing the
unpaid balance.
SOURCE: IC 20-26-12-23; (07)IN1621.1.12. -->
SECTION 12. IC 20-26-12-23, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 23. (a) A school corporation may:
(1) borrow money to buy textbooks; and
(2) issue notes, maturing serially in not more than six (6) years
and payable from its general textbook fund, to secure the loan.
However, when an adoption is made by the state board for less than six
(6) years, the period for which the notes may be issued is limited to the
period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may not
borrow money to purchase textbooks unless a petition requesting such
an action and bearing the signatures of twenty-five percent (25%) of
the resident taxpayers of the school township has been presented to and
approved by the township trustee and township board.
SOURCE: IC 20-26-15-5; (07)IN1621.1.13. -->
SECTION 13. IC 20-26-15-5, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. Notwithstanding any other law, the operation
of the following is suspended for a freeway school corporation or a
freeway school if the governing body of the school corporation elects
to have the specific statute or rule suspended in the contract:
(1) The following statutes and rules concerning curriculum and
instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning textbooks:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation
system.
(6) IC 20-32-5, concerning the ISTEP program established under
IC 20-32-5-15, if an alternative locally adopted assessment
program is adopted under section 6(7) of this chapter.
SOURCE: IC 20-33-5-3; (07)IN1621.1.14. -->
SECTION 14. IC 20-33-5-3, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) If a parent of a child or an emancipated
minor who is enrolled in a public school, in kindergarten or grades 1
through 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.
The fees shall be paid by the school corporation that the child attends.
(b) The school corporation may apply for a reimbursement under
section 7 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 20-20-5-1 through IC 20-20-5-4 or
waived under IC 20-26-12-28, the school corporation may request that
the parent or emancipated minor pay the balance of this amount.
SOURCE: IC 20-33-5-9; (07)IN1621.1.15. -->
SECTION 15. IC 20-33-5-9, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 9. (a) If a parent of a child or an emancipated
minor who is enrolled in an accredited nonpublic school meets the
financial eligibility standard under section 2 of this chapter, the parent
or the emancipated minor may receive a reimbursement from the
department
as provided in this chapter for the costs or some of the costs
incurred by the parent or emancipated minor in fees that are
reimbursable under section 7 of this chapter. The extent to which the
fees are reimbursable under this section may not exceed the percentage
rates of reimbursement under section 7 of this chapter. subject to the
reimbursement limitations imposed under subsection (g). In
addition, if a child enrolls in an accredited nonpublic school after the
initial request for reimbursement is filed,
under subsection (d), the
parent of the child or the emancipated minor who meets the financial
eligibility standard
under section 2 of this chapter may receive a
reimbursement from the department for the costs or some of the costs
incurred in fees that are
reimbursable under section 7 of this chapter
subject to the reimbursement limitations imposed under subsection
(g) by applying to the accredited nonpublic school for assistance. In
this case, this section applies. However, section 10 of this chapter
applies to the making of the supplemental request for reimbursement
by the principal or other designee of the accredited nonpublic school.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the state
board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to
the accredited nonpublic school. The accredited nonpublic school shall
make a determination of financial eligibility subject to appeal by the
parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for
assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the
department, the principal or other designee shall submit the
reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the
department:
(1) the number of students who are enrolled in the accredited
nonpublic school and who are eligible for assistance under this
chapter;
(2) the costs incurred in providing:
(A) textbooks (including textbooks used in special education
and high ability classes); and
(B) workbooks and consumable textbooks (including
workbooks, consumable textbooks, and other consumable
teaching materials that are used in special education and high
ability classes) that are used by students for not more than one
(1) school year;
(3) that each textbook described in subdivision (2)(A) and
included in the reimbursement request (except those textbooks
used in special education classes and high ability classes) has
been adopted by the state board under IC 20-20-5-1 through
20-20-5-4 or has been waived by the state board of education
under IC 20-26-12-28;
(4) that the amount of reimbursement requested for each textbook
under subdivision (3) does not exceed twenty percent (20%) of
the costs incurred for the textbook, as provided in the textbook
adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable teaching
material used in special education and high ability classes) under
subdivision (2)(B), if applicable, does not exceed one hundred
percent (100%) of the costs incurred for the workbook or
consumable textbook (or other consumable teaching material used
in special education and high ability classes);
(6) that the amount of reimbursement requested for each textbook
used in special education and high ability classes is amortized for
the number of years in which the textbook is used; and
(7) any other information required by the department, including
copies of purchase orders used to acquire consumable teaching
materials used in special education and high ability classes.
(h) If the amount of reimbursement requested before November 1
of a particular school year exceeds the amount of money appropriated
to the department for this purpose, the department shall proportionately
reduce the amount of reimbursement to each accredited nonpublic
school. An accredited nonpublic school may submit a supplemental
reimbursement request under section 10 of this chapter. The parent or
emancipated minor is entitled to receive a supplemental reimbursement
only if funds are available. The department shall proportionately reduce
the amount of supplemental reimbursement to the accredited nonpublic
schools if the amount requested exceeds the amount of money available
to the department for this purpose.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) Section 7(h) of this chapter applies to parents or emancipated
minors as described in this section.
(j) A parent receiving other governmental assistance or aid that
considers educational needs in determining the entire amount of
assistance granted may not be denied assistance if the applicant's
total family income does not exceed the standards established by
this chapter.
(k) The accredited nonpublic school and the department shall
maintain complete and accurate information concerning the number of
applicants determined to be eligible for assistance under this section.
(l) The state board shall adopt rules under IC 4-22-2 to implement
this section.
SOURCE: IC 20-33-5-10; (07)IN1621.1.16. -->
SECTION 16. IC 20-33-5-10, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 10. (a) The principal or other designee of an
accredited nonpublic school may make a supplemental request for
reimbursement from the department after April 1 but before May 1 of
a school year for some or all of the additional costs incurred in fees that
are reimbursable under section 7 subject to the reimbursement
limitations of section 9(g) of this chapter by the parent of a child or
emancipated minor who enrolls in the accredited nonpublic school after
the initial request for reimbursement is filed under section 9(f) of this
chapter.
(b) In its supplemental request, the principal or other designee must
certify to the department the following:
(1) The number of additional students who enrolled in the
accredited nonpublic school as described in subsection (a).
(2) The costs incurred in providing the materials described in
section 9(g)(2) of this chapter pertaining to the number of
additional students.
(3) The same information as described in section 9(g)(3) through
9(g)(7) of this chapter as pertaining to the number of additional
students.
(c) This section applies only if there are funds available. These
supplemental distributions shall be made by the department in
accordance with section 9(h) of this chapter.
SOURCE: IC 20-33-5-12; (07)IN1621.1.17. -->
SECTION 17. IC 20-33-5-12, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. Under extraordinary circumstances, the
township trustee may pay for the fees enumerated in section 3 of this
chapter for supplies or other required class fees for individuals who
do not otherwise qualify under the financial eligibility standard
established in this chapter. are enrolled in a school corporation.
Assistance in such cases may be provided by the township trustee
under IC 12-20.
SOURCE: IC 20-33-5-14; (07)IN1621.1.18. -->
SECTION 18. IC 20-33-5-14, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 14. (a) The school textbook reimbursement
contingency fund is established to reimburse school corporations,
eligible parents of children who attend accredited nonpublic schools
and emancipated minors who attend accredited nonpublic schools as
provided in section 9 of this chapter for assistance provided under this
chapter. The fund consists of money appropriated to the fund by the
general assembly. The state superintendent shall administer the fund.
(b) The treasurer of state shall invest the money in the school
textbook reimbursement contingency fund not currently needed to meet
the obligations of the fund in the same manner as other public funds
may be invested.
SOURCE: IC 20-40-16; (07)IN1621.1.19. -->
SECTION 19. IC 20-40-16 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 16. Textbook Fund
Sec. 1. As used in this chapter, "fund" refers to a textbook fund
established under section 3 of this chapter.
Sec. 2. As used in this chapter, "textbook" has the meaning set
forth in IC 20-18-2-23.
Sec. 3. A school corporation shall establish and administer a
textbook fund.
Sec. 4. Money in the fund may be used only for the following
purposes:
(1) Repaying interest and principal on loans obtained under
IC 20-26-12-23 to purchase textbooks.
(2) Purchasing, repairing, or storing textbooks distributed to
students under IC 20-26-12.
Sec. 5. A school corporation shall deposit distributions under
IC 20-43-10-3 in the textbook fund.
Sec. 6. Money in the fund at the end of a school year does not
revert to the school general fund.
SOURCE: IC 20-41-1-2; (07)IN1621.1.20. -->
SECTION 20. IC 20-41-1-2, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. Any self-supporting programs
maintained by a school corporation, including
(1) school lunch, and
(2) rental or sale of textbooks;
may be established as separate funds, separate and apart from the
general fund, if no local tax rate is established for the programs.
SOURCE: IC 20-41-2-3; (07)IN1621.1.21. -->
SECTION 21. IC 20-41-2-3, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) If a school lunch fund is
established under section 1 of this chapter, or a textbook rental fund is
established under section 2 of this chapter, the receipts and
expenditures for each the school lunch program shall be made to and
from the proper school lunch fund without appropriation or the
application of other laws relating to the budgets of local governmental
units.
(b) If either a school lunch program or both programs under
sections 1 and 2 of this chapter are is operated through the
extracurricular account, the township trustee shall approve the amount
of the bond of the treasurer of the extracurricular account in an amount
the township trustee considers necessary to protect the account for all
funds coming into the hands of the treasurer.
SOURCE: IC 20-41-2-6; (07)IN1621.1.22. -->
SECTION 22. IC 20-41-2-6, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 6. (a) If a school lunch fund is
established under section 4 of this chapter, and a textbook rental fund
is established under section 5 of this chapter, the receipts and
expenditures from a the fund for the program to which the fund relates
shall must be made to and from the fund without appropriation or the
application of other statutes and rules relating to the budgets of
municipal corporations.
(b) If either the school lunch program or textbook rental program is
handled through the extracurricular account, the governing body of the
school corporation shall approve the amount of the bond of the
treasurer of the extracurricular account in an amount the governing
body considers sufficient to protect the account for all funds coming
into the hands of the treasurer of the account.
SOURCE: IC 20-42-3-10; (07)IN1621.1.23. -->
SECTION 23. IC 20-42-3-10, AS ADDED BY P.L.2-2006,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 10. The trustee, with the advice and
consent of the township board, shall use the account for the following
educational purposes:
(1) Each year the trustee shall pay to the
parent or legal guardian
of school corporation in which any child
whose having
residence
is within the township
is enrolled, the initial an
amount equal to twenty-five percent (25%) of the cost
for the
rental of textbooks
used in any elementary or secondary school
that distributed under IC 20-26-12 to the student in the school
year beginning in the calendar year of the distribution under
this section if the school corporation has been accredited by the
state.
The reimbursement for the rental of textbooks shall be for
the initial yearly rental charge only. Textbooks subsequently lost
or destroyed may not be paid for from this account.
(2) Students who are residents of the township for the last two (2)
years of their secondary education and who still reside within the
township are entitled to receive financial assistance in an amount
not to exceed an amount determined by the trustee and the
township board during an annual review of higher education fees
and tuition costs of post-high school education at any accredited
college, university, junior college, or vocational or trade school.
Amounts to be paid to each eligible student shall be set annually
after this review. The amount paid each year must be:
(A) equitable for every eligible student without regard to race,
religion, creed, sex, disability, or national origin; and
(B) based on the number of students and the amount of funds
available each year.
(3) A person who has been a permanent resident of the township
continuously for at least two (2) years and who needs educational
assistance for job training or retraining may apply to the trustee
of the township for financial assistance. The trustee and the
township board shall review each application and make assistance
available according to the need of each applicant and the
availability of funds.
(4) If all the available funds are not used in any one (1) year, the
unused funds shall be retained in the account by the trustee for
use in succeeding years.
SOURCE: IC 20-43-2-3; (07)IN1621.1.24. -->
SECTION 24. IC 20-43-2-3, AS AMENDED BY P.L.162-2006,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) Except as provided in subsection (b), if the
total amount to be distributed:
(1) as basic tuition support;
(2) for academic honors diploma awards;
(3) for primetime distributions;
(4) for special education grants; and
(5) for vocational education grants; and
(6) for textbook grants;
for a particular year exceeds the maximum state distribution for a
calendar year, the amount to be distributed for state tuition support
under this article to each school corporation during each of the last six
(6) months of the year shall be proportionately reduced so that the total
reductions equal the amount of the excess.
(b) The department of education shall distribute the full amount of
tuition support to school corporations in the second six (6) months of
2006 in accordance with this article without a reduction under this
section.
SOURCE: IC 20-43-3-4; (07)IN1621.1.25. -->
SECTION 25. IC 20-43-3-4, AS ADDED BY P.L.2-2006,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4. (a) A school corporation's
previous year revenue equals the amount determined under STEP TWO
of the following formula:
STEP ONE: Determine the sum of the following:
(A) The school corporation's basic tuition support for the year
that precedes the current year.
(B) The school corporation's maximum permissible tuition
support levy for the calendar year that precedes the current
year, made in determining the school corporation's adjusted
tuition support levy for the calendar year.
(C) The school corporation's excise tax revenue for the year
that precedes the current year by two (2) years.
STEP TWO: Subtract from the STEP ONE result an amount equal
to the sum of the following:
(A) The reduction in the school corporation's state tuition
support under any combination of subsection (b), subsection
(c), IC 20-10.1-2-1 (before its repeal), or IC 20-30-2-4.
(B) In 2006, the amount of the school corporation's maximum
permissible tuition support levy attributable to the levy
transferred from the school corporation's general fund to the
school corporation's referendum tax levy fund under
IC 20-46-1-6.
(C) In 2008, for each school corporation that operated an
elementary school library or a high school library under
IC 20-26-12-6 through IC 20-26-12-21 (as effective on June
30, 2007), the amount of the school corporation's
maximum permissible tuition support levy budgeted to
provide free textbooks to resident students in 2007.
(b) A school corporation's previous year revenue must be reduced
if:
(1) the school corporation's state tuition support for special or
vocational education is reduced as a result of a complaint being
filed with the department 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 state tuition support for special and vocational
education because of the overstatement.
(c) A school corporation's previous year revenue must 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 before July
1, 2005, or IC 20-24-11 after June 30, 2005. 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) before
July 1, 2005, and IC 20-24-7-3(c) and IC 20-24-7-3(d) after June
30, 2005; multiplied by
(2) two (2).
SOURCE: IC 20-43-10-3; (07)IN1621.1.26. -->
SECTION 26. IC 20-43-10-3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) A school corporation's
textbook grant for a calendar year is the amount equal to the
school corporation's current ADM multiplied by ninety-five dollars
($95).
(b) The distribution received under this section shall be
deposited in the school corporation's textbook fund and used only
for the purposes specified in IC 20-40-16-4.
SOURCE: IC 20-26-12-7; IC 20-26-12-8; IC 20-26-12-9; IC 20-26-
12-10; IC 20-26-12-11; IC 20-26-12-12; IC 20-26-12-14; IC 20-26-
12-26; IC 20-33-5-3; IC 20-33-5-5; IC 20-33-5-7; IC 20-33-5-8.
; (07)IN1621.1.27. -->
SECTION 27. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 20-26-12-7; IC 20-26-12-8; IC 20-26-12-9;
IC 20-26-12-10; IC 20-26-12-11; IC 20-26-12-12; IC 20-26-12-14;
IC 20-26-12-26; IC 20-33-5-3; IC 20-33-5-5; IC 20-33-5-7;
IC 20-33-5-8.
SOURCE: ; (07)IN1621.1.28. -->
SECTION 28. [EFFECTIVE JULY 1, 2007] (a) A school
corporation may not conduct a textbook rental program for a
school year beginning after June 30, 2007.
(b) On July 1, 2007, a school corporation shall transfer any
unencumbered money in any fund or account used for textbook
rental fees to the textbook fund established under IC 20-40-16, as
added by this act. The money transferred under this SECTION
may be used for any purpose for which other money in the
textbook fund may be used.
(c) Notwithstanding IC 20-43-10-3, as added by this act, a school
corporation is entitled in 2007 to only fifty percent (50%) of the
amount of the textbook grant specified in IC 20-43-10-3, as added
by this act, to be distributed in six (6) monthly installments.
(d) This SECTION expires January 1, 2008.
SOURCE: ; (07)IN1621.1.29. -->
SECTION 29. [EFFECTIVE JULY 1, 2007]
(a) The department
of local government finance shall reduce the:
(1) maximum permissible ad valorem property tax levy
imposed by IC 6-1.1-18.5-3; and
(2) township assistance levy;
of each township to reflect the effect of the repeal of IC 20-33-5-3
by this act on the obligation of township trustees to pay school fees
under IC 20-33-5-12, as amended by this act.
(b) Any loan:
(1) obtained to purchase textbooks (as defined in
IC 20-18-2-23, as amended by this act); and
(2) payable from a school general fund before July 1, 2007;
shall be paid from the school textbook fund after June 30, 2007.
(c) This SECTION expires January 1, 2008.