January 20, 2011, read first time and referred to Committee on Education.
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1581
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-26-5-1; (11)IN1581.1.1. -->
SECTION 1. IC 20-26-5-1, AS ADDED BY P.L.1-2005, SECTION
10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 1. (a) A school corporation shall:
(1) conduct an educational program for all children who reside
within the school corporation in kindergarten and in grades 1
(2) provide each preschool child with a disability with an
appropriate special education as required under IC 20-35-4-9 only
if the general assembly appropriates state funds for preschool
(3) when adequate funds are available, conduct a full-day
kindergarten program for all children who reside within the
school corporation; and
(4) when adequate funds are available, conduct a preschool
program, which may duplicate proven early education
programs to ensure the success of all participating children,
for all children who reside within the school corporation.
(b) A school corporation may:
(1) conduct an educational program for adults and children at
least fourteen (14) years of age who do not attend a program
described in subsection (a);
(2) provide instruction in vocational, industrial, or manual
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefit
of the residents and taxpayers of the school corporation where
permitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permitted
or required to be performed by law by any school corporation; and
(7) provide a school age child care program that operates during
periods when school is in session for students who are enrolled in
a half-day kindergarten program.
(c) A school corporation shall develop a written policy that provides
(1) the implementation of a school age child care program for
children who attend kindergarten through grade 6 that, at a
minimum, operates after the school day and may include periods
before school is in session or periods when school is not
otherwise in session (commonly referred to as a latch key
program) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or parts
of the school corporation's buildings to conduct the type of
program described in subdivision (1) by a nonprofit organization
or a for-profit organization.
(d) The written policy required under subsection (c) must address
compliance with certain standards of reasonable care for children
served by a child care program offered under subsection (c), including:
(1) requiring the offering entity to acquire a particular amount of
liability insurance; and
(2) establishing maximum adult to child ratios governing the
overall supervision of the children served.
If a school corporation implements a child care program as described
in subsection (c)(1) or enters into a contract with an entity described in
subsection (c)(2) to provide a child care program, the school
corporation may not assess a fee for the use of the building, and the
contract between the school corporation and the entity providing the
program must be in writing. However, the school corporation may
assess a fee to reimburse the school corporation for providing security,
maintenance, utilities, school personnel, or other costs directly
attributable to the use of the building for the program. In addition, if a
school corporation offers a child care program as described in
subsection (c)(1), the school corporation may assess a fee to cover
costs attributable to implementing the program.
(e) The powers under this section are purposes as well as powers.