Reprinted
January 31, 2012
SENATE BILL No. 280
_____
DIGEST OF SB 280
(Updated January 30, 2012 5:18 pm - DI 116)
Citations Affected: IC 20-24; IC 20-26; IC 20-33; IC 20-43;
IC 20-49; IC 20-51; noncode.
Synopsis: Education. Provides for the distribution of basic tuition
support, honors diploma awards, primetime distributions, special
education grants, and career and technical education grants on a state
fiscal year basis rather than a calendar year basis, beginning July 1,
2012. Eliminates the specific dollar amounts specified by statute as the
maximum amount to be distributed for these purposes. Provides that
the maximum amount to be distributed for these purposes in a state
fiscal year is the amount appropriated by the general assembly for that
state fiscal year. Provides for the counting of students in September and
January of each year. Specifies that the September count applies to
distributions made in November and December and in the following
January and February. Specifies that the January count applies to
distributions made in March, April, May, June, July, August,
September, and October of the year in which the January count is
made. Provides that if a school corporation would have received a
greater distribution for the months of July, August, September, and
(Continued next page)
Effective: Upon passage; July 1, 2012.
Charbonneau
, Kruse
, Kenley,
Mishler, Rogers, Breaux, Miller
January 4, 2012, read first time and referred to Committee on Education and Career
Development.
January 19, 2012, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
January 26, 2012, amended, reported favorably _ Do Pass.
January 30, 2012, read second time, amended, ordered engrossed.
Digest Continued
October if the September count of students (instead of the January
count) had been used for distributions during this period, the school
corporation is entitled to an additional distribution in November equal
to the difference. Provides that if a school corporation would have
received a lower distribution for the months of July, August,
September, and October if the September count of students (instead of
the January count) had been used for distributions during this period,
the school corporation's distributions for November, December,
January, and February shall be proportionately reduced so that the total
reduction is equal to the difference. Provides that if a school
corporation would have received a greater distribution for the months
of January and February if the January count of students (instead of the
September count) had been used for distributions during this period,
the school corporation is entitled to an additional distribution in March
equal to the difference. Provides that if a school corporation would
have received a lower distribution for the months of January and
February if the January count of students (instead of the September
count) had been used for distributions during this period, the school
corporation's distributions for March, April, May, and June shall be
proportionately reduced so that the total reduction is equal to the
difference. Provides that the special education grant distributions made
in February, March, April, May, and June of a calendar year shall be
based on the count of students with disabilities that was made on the
immediately preceding December 1. Provides that before February 1
of each calendar year, the department of education shall determine the
amount of the special education grant that would have been received
since the preceding July 1 if the grant had been based on the count of
students with disabilities that was made on the immediately preceding
December 1. Provides for a reconciliation of this amount with the
amount of the special education grant received by the school
corporation during that period. Provides that in January and in
September, the department of education must determine the amount of
distributions that would have been received by a school corporation if
the school corporation's distributions since the most recent count date
had accounted for students who: (1) left a charter school or a nonpublic
school eligible for the school choice scholarship program, and enrolled
in a public school maintained by the school corporation; or (2) left a
public school maintained by the school corporation and enrolled in a
charter school or a nonpublic school eligible for the school choice
scholarship program. Provides for a reconciliation of the school
corporation's distributions, based on these determinations by the
department of education. Provides that if an individual who was
awarded a choice scholarship leaves a nonpublic eligible school for
which the individual was awarded the scholarship and enrolls in a
public school maintained by a school corporation, the eligible school
must pay to the treasurer of state an amount equal to a percentage of
the choice scholarship. Requires the department of education to report
to the state budget committee: (1) the number of students who left a
charter school and enrolled in a public school maintained by a school
corporation during the 2011 - 2012 school year; and (2) the number of
students who received a choice scholarship for the 2011 - 2012 school
year and left a nonpublic school and enrolled in a public school
maintained by a school corporation during the 2011 - 2012 school year.
Appropriates $30,900,000 for the state fiscal year beginning July 1,
2012, to cover state tuition support distributions. Requires an
accredited nonpublic school that is required to send the records of a
former student of the accredited nonpublic school to a requesting
school regardless of whether the former student or the former student's
parent or guardian owes an outstanding debt to the accredited
nonpublic school.
Reprinted
January 31, 2012
Second Regular Session 117th General Assembly (2012)
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
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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
word
NEW 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 or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 280
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-24-7-2; (12)SB0280.3.1. -->
SECTION 1. IC 20-24-7-2, AS AMENDED BY P.L.146-2008,
SECTION 460, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Not later than the
date dates
established by the department for determining ADM,
and after May 31
each year, the organizer shall submit to the department the following
information on a form prescribed by the department:
(1) The number of students enrolled in the charter school.
(2) The name and address of each student.
(3) The name of the school corporation in which the student has
legal settlement.
(4) The name of the school corporation, if any, that the student
attended during the immediately preceding school year.
(5) The grade level in which the student will enroll in the charter
school.
The department shall verify the accuracy of the information reported.
(b) This subsection applies after
December 31 June 30 of the
calendar year in which a charter school begins its initial operation. The
department shall distribute to the organizer the state tuition support
distribution. The department shall make a distribution under this
subsection at the same time and in the same manner as the department
makes a distribution of state tuition support under IC 20-43-2 to other
school corporations.
SOURCE: IC 20-24-7-3; (12)SB0280.3.2. -->
SECTION 2. IC 20-24-7-3, AS AMENDED BY P.L.146-2008,
SECTION 461, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. (a) This section applies to a
conversion charter school.
(b) Beginning not more than sixty (60) days after the department
receives the information reported under section 2(a) of this chapter, the
department shall distribute to the organizer:
(1) tuition support and other state funding for any purpose for
students enrolled in the conversion charter school;
(2) a proportionate share of state and federal funds received:
(A) for students with disabilities; or
(B) for staff services for students with disabilities;
enrolled in the conversion charter school; and
(3) a proportionate share of funds received under federal or state
categorical aid programs for students who are eligible for the
federal or state categorical aid and are enrolled in the conversion
charter school;
for the
second first six (6) months of the
calendar state fiscal year in
which the conversion charter school is established. The department
shall make a distribution under this subsection at the same time and in
the same manner as the department makes a distribution to the
governing body of the school corporation in which the conversion
charter school is located. A distribution to the governing body of the
school corporation in which the conversion charter school is located is
reduced by the amount distributed to the conversion charter school.
This subsection does not apply to a conversion charter school after
December 31 June 30 of the
calendar state fiscal year in which the
conversion charter school is established.
(c) This subsection applies during the second six (6) months of the
calendar state fiscal year in which a conversion charter school is
established. A conversion charter school may apply for an advance
from the charter school advancement account under IC 20-49-7 in the
amount determined under STEP FOUR of the following formula:
STEP ONE: Determine the
result under subsection (d) STEP
ONE (A). number of students who:
(A) are enrolled in the conversion charter school; and
(B) were counted in the ADM of the previous year for the
school corporation in which the conversion charter school
is located.
STEP TWO: Determine the difference between:
(A) the conversion charter school's current ADM; minus
(B) the STEP ONE amount.
STEP THREE: Determine the quotient of:
(A) the STEP TWO amount; divided by
(B) the conversion charter school's current ADM.
STEP FOUR: Determine the product of:
(A) the STEP THREE amount; multiplied by
(B) the quotient of:
(i) the subsection (d) STEP TWO amount; total amount of
excise tax revenue and the school corporation's certified
distribution of county adjusted gross income tax revenue
under IC 6-3.5-1.1 that is to be used as property tax
replacement credits, to which the school corporation in
which the conversion charter school is located is entitled
for the second six (6) months of the calendar year in
which the conversion charter school is established;
divided by
(ii) two (2).
SOURCE: IC 20-24-7-4; (12)SB0280.3.3. -->
SECTION 3. IC 20-24-7-4, AS AMENDED BY P.L.91-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) Services that a school corporation provides
to a charter school, including transportation, may be provided at not
more than one hundred three percent (103%) of the actual cost of the
services.
(b) This subsection applies to a sponsor that is a state educational
institution described in
IC 20-24-1-7(2). IC 20-24-1-9(2). In a
calendar
state fiscal year, a state educational institution may receive from the
organizer of a charter school sponsored by the state educational
institution an administrative fee equal to not more than three percent
(3%) of the total amount the organizer receives during the
calendar
state fiscal year from basic tuition support (as defined in
IC 20-43-1-8).
(c) This subsection applies to the executive of a consolidated city
that sponsors a charter school. In a
calendar state fiscal year, the
executive may collect from the organizer of a charter school sponsored
by the executive an administrative fee equal to not more than three
percent (3%) of the total amount the organizer receives during the
calendar state fiscal year for basic tuition support.
(d) This subsection applies to a sponsor that is a nonprofit college
or university that is approved by the state board of education. In a
calendar state fiscal year, a private college or university may collect
from the organizer of a charter school sponsored by the private college
or university an administrative fee equal to not more than three percent
(3%) of the total amount the organizer receives during the calendar
state fiscal year for basic tuition support.
(e) This subsection applies to the charter board. In a calendar state
fiscal year, the charter school board may collect from the organizer of
a charter school sponsored by the charter board an administrative fee
equal to not more than three percent (3%) of the total amount the
organizer receives during the calendar state fiscal year for basic tuition
support.
(f) A sponsor's administrative fee may not include any costs
incurred in delivering services that a charter school may purchase at its
discretion from the sponsor. The sponsor shall use its funding provided
under this section exclusively for the purpose of fulfilling sponsoring
obligations.
(g) Except for oversight services, a charter school may not be
required to purchase services from its sponsor as a condition of charter
approval or of executing a charter contract, nor may any such condition
be implied.
(h) A charter school may choose to purchase services from its
sponsor. In that event, the charter school and sponsor shall execute an
annual service contract, separate from the charter contract, stating the
parties' mutual agreement concerning the services to be provided by the
sponsor and any service fees to be charged to the charter school. A
sponsor may not charge more than market rates for services provided
to a charter school.
(i) Not later than ninety (90) days after the end of each fiscal year,
each sponsor shall provide to each charter school it sponsors an
itemized accounting of the actual costs of services purchased by the
charter school from the sponsor. Any difference between the amount
initially charged to the charter school and the actual cost shall be
reconciled and paid to the owed party. If either party disputes the
itemized accounting, any charges included in the accounting, or
charges to either party, either party may request a review by the
department. The requesting party shall pay the costs of the review.
SOURCE: IC 20-24-7-6.5; (12)SB0280.3.4. -->
SECTION 4. IC 20-24-7-6.5, AS ADDED BY P.L.229-2011,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6.5. (a) Subject to subsection (b)
and with the approval of a majority of the members of the governing
body, a school corporation may distribute any part of the following to
a conversion school sponsored by the school corporation in the amount
and under the terms and conditions adopted by a majority of the
members of the governing body:
(1) State tuition support and other state distributions to the school
corporation.
(2) Any other amount deposited in the school corporation's
general fund.
(b) The total amount that may be transferred under subsection (a) in
a calendar state fiscal year to a particular conversion charter school
may not exceed the result determined under STEP FOUR of the
following formula:
STEP ONE: Determine the result of:
(A) the amount of state tuition support that the school
corporation is eligible to receive in the calendar state fiscal
year; divided by
(B) the current ADM of the school corporation for the calendar
state fiscal year.
STEP TWO: Determine the result of:
(A) the amount of state tuition support that the conversion
charter school is eligible to receive in the calendar state fiscal
year; divided by
(B) the current ADM of the conversion charter school for the
calendar state fiscal year.
STEP THREE: Determine the greater of zero (0) or the result of:
(A) the STEP ONE amount; minus
(B) the STEP TWO amount.
STEP FOUR: Determine the result of:
(A) the STEP THREE amount; multiplied by
(B) the current ADM of the conversion charter school for the
calendar state fiscal year.
SOURCE: IC 20-24-7-9; (12)SB0280.3.5. -->
SECTION 5. IC 20-24-7-9, AS AMENDED BY P.L.146-2008,
SECTION 463, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9. (a) This section applies if:
(1) a sponsor:
(A) revokes a charter before the end of the term for which the
charter is granted; or
(B) does not renew a charter; or
(2) a charter school otherwise terminates its charter before the end
of the term for which the charter is granted.
(b) Any state funds that remain to be distributed to the charter
school in the calendar state fiscal year in which an event described in
subsection (a) occurs shall be distributed as follows:
(1) First, to the common school loan fund to repay any existing
obligations of the charter school under IC 20-49-7.
(2) Second, to the entities that distributed the funds to the charter
school. A distribution under this subdivision shall be on a pro rata
basis.
(c) If the funds described in subsection (b) are insufficient to repay
all existing obligations of the charter school under IC 20-49-7, the state
shall repay any remaining obligations of the charter school under
IC 20-49-7 from the amount appropriated for state tuition support
distributions.
SOURCE: IC 20-24-7-13; (12)SB0280.3.6. -->
SECTION 6. IC 20-24-7-13, AS AMENDED BY P.L.229-2011,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 13. (a) As used in this section,
"virtual charter school" means any charter school, including a
conversion charter school, that provides for the delivery of more than
fifty percent (50%) of instruction to students through:
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b) Beginning with the 2011-2012 school year, a virtual charter
school may apply for sponsorship with any statewide sponsor in
accordance with the sponsor's guidelines.
(c) Before January 1, 2012, a virtual charter school is entitled to
receive funding from the state in an amount equal to the sum of
(1) the
product of:
(A) (1) the number of students included in the virtual charter
school's ADM; multiplied by
(B) (2) eighty percent (80%) of statewide average basic tuition
support.
(d)
After December 31, 2011, For state fiscal years beginning
after June 30, 2012, a virtual charter school is entitled to receive
funding from the state in an amount equal to the sum of:
(1) the product of:
(A) the number of students included in the virtual charter
school's ADM; multiplied by
(B) eighty-seven and five-tenths percent (87.5%) of the
school's foundation amount determined under IC 20-43-5-4;
plus
(2) the total of any special education grants under IC 20-43-7 to
which the virtual charter school is entitled.
After December 31, 2011, A virtual charter school is entitled to receive
special education grants under IC 20-43-7 calculated in the same
manner as special education grants are calculated for other school
corporations.
(d) (e) The department shall adopt rules under IC 4-22-2 to govern
the operation of virtual charter schools.
(e) (f) Beginning in 2009, the department shall before December 1
of each year submit an annual report to the budget committee
concerning the program under this section.
(f) (g) This subsection does not apply to students who were enrolled
in a virtual charter school during the 2010-2011 school year. Each
school year, at least sixty percent (60%) of the students who are
enrolled in virtual charter schools under this section for the first time
must have been included in the state's ADM count for the previous
school year.
SOURCE: IC 20-24-7.5-3; (12)SB0280.3.7. -->
SECTION 7. IC 20-24-7.5-3, AS ADDED BY P.L.229-2011,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. If a charter school is eligible for
a one (1) time grant under this chapter does not receive tuition
support in the first calendar state fiscal year immediately following
the calendar state fiscal year in which the charter school is established
and begins enrolling eligible pupils, the charter school is eligible for
a one (1) time grant under section 4 of this chapter.
SOURCE: IC 20-24-7.5-4; (12)SB0280.3.8. -->
SECTION 8. IC 20-24-7.5-4, AS ADDED BY P.L.229-2011,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 4. A charter school's new charter
school startup grant is equal to the result of:
(1) the amount of basic tuition support determined for the charter
school under IC 20-43-6-3 for the calendar state fiscal year that
immediately follows the calendar state fiscal year in which the
charter school is established and begins enrolling eligible pupils;
divided by
(2) three (3).
The grant shall be paid from the charter school facilities assistance
fund established by IC 20-24-12.
SOURCE: IC 20-26-11-13; (12)SB0280.3.9. -->
SECTION 9. IC 20-26-11-13, AS AMENDED BY P.L.229-2011,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 13. (a) As used in this section, the
following terms have the following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications are
denominated as kindergarten, elementary school, middle school
or junior high school, high school, and special schools or classes,
such as schools or classes for special education, career and
technical education, or career education.
(2) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where the
child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized education program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the state board.
(B) The total number of students enrolled in a class of school
in a transferee school corporation on a date determined by the
state board.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) student. The state board may select
a different date for counts under this subdivision. However, the
same date shall be used for all school corporations making a count
for the same class of school.
(b) Each transferee corporation is entitled to receive for each school
year on account of each transferred student, except a student
transferred under section 6 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter. Transfer
tuition equals the amount determined under STEP THREE of the
following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the transfer
student is enrolled.
STEP TWO: If the transferee school included the transfer student
in the transferee school's ADM for a school year, allocate to the
transfer student a proportionate share of the following general
fund revenues of the transferee school: for, except as provided in
clause (C), the calendar year in which the school year ends:
(A) State tuition support distributions received during the
calendar year in which the school year ends.
(B) Property tax levies under IC 20-45-7 and IC 20-45-8 for
the calendar year in which the school year ends.
(C) The sum of the following excise tax revenue received for
deposit in the calendar year in which the school year begins:
(i) Financial institution excise tax revenue (IC 6-5.5).
(ii) Motor vehicle excise taxes (IC 6-6-5).
(iii) Commercial vehicle excise taxes (IC 6-6-5.5).
(iv) Boat excise tax (IC 6-6-11).
(v) Aircraft license excise tax (IC 6-6-6.5).
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from the
STEP ONE amount.
If a child is placed in an institution or facility in Indiana by or with the
approval of the department of child services, the institution or facility
shall charge the department of child services for the use of the space
within the institution or facility (commonly called capital costs) that is
used to provide educational services to the child based upon a prorated
per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state board
of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made from extracurricular account
receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment during
at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the student enrollment of each class
in the transferee corporation compared with the total student
enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the class
of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of student attendance, the transfer tuition
shall be calculated by the part of the school year for which the
transferred student is enrolled. A school year of student attendance
consists of the number of days school is in session for student
attendance. A student, regardless of the student's attendance, is enrolled
in a transferee school unless the student is no longer entitled to be
transferred because of a change of residence, the student has been
excluded or expelled from school for the balance of the school year or
for an indefinite period, or the student has been confirmed to have
withdrawn from school. The transferor and the transferee corporation
may enter into written agreements concerning the amount of transfer
tuition due in any school year. If an agreement cannot be reached, the
amount shall be determined by the state board, and costs may be
established, when in dispute, by the state board of accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that ends
in the calendar year in which the revenues are received.
However, for state tuition support distributions or any other state
distribution computed using less than the total ADM of the transferee
school, the transferee school shall allocate the revenues to the transfer
student by dividing the revenues that the transferee school is eligible
to receive in a calendar year by the student count used to compute the
state distribution.
(h) Instead of the payments provided in subsection (b), the
transferor corporation or state owing transfer tuition may enter into a
long term contract with the transferee corporation governing the
transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years
with an option to renew;
(2) specify a maximum number of students to be transferred; and
(3) fix a method for determining the amount of transfer tuition
and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) A school corporation may negotiate transfer tuition agreements
with a neighboring school corporation that can accommodate additional
students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition or
time of payment that is different from the method, amount, or
time of payment that is provided in this section or section 14 of
this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent.
SOURCE: IC 20-26-11-23; (12)SB0280.3.10. -->
SECTION 10. IC 20-26-11-23, AS AMENDED BY
P.L.182-2009(ss), SECTION 317, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. (a) If a transfer is
ordered to commence in a school year, where the transferor corporation
has net additional costs over savings (on account of any transfer
ordered) allocable to the calendar state fiscal year in which the school
year begins, and where the transferee corporation does not have
budgeted funds for the net additional costs, the net additional costs may
be recovered by one (1) or more of the following methods in addition
to any other methods provided by applicable law:
(1) An emergency loan made under IC 20-48-1-7 to be paid, out
of the debt service levy and fund, or a loan from any state fund
made available for the net additional costs.
(2) An advance in the calendar state fiscal year of state funds,
which would otherwise become payable to the transferee
corporation after such calendar year under law.
(3) A grant or grants in the calendar state fiscal year from any
funds of the state made available for the net additional costs.
(b) The net additional costs must be certified by the department of
local government finance. Repayment of any advance or loan from the
state shall be made from state tuition support distributions or other
money available to the school corporation.
SOURCE: IC 20-33-2-10; (12)SB0280.3.11. -->
SECTION 11. IC 20-33-2-10, AS AMENDED BY P.L.43-2009,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) Each public school shall and each
private school may require a student who initially enrolls in the school
to provide:
(1) the name and address of the school the student last attended;
and
(2) a certified copy of the student's birth certificate or other
reliable proof of the student's date of birth.
(b) Not more than fourteen (14) days after initial enrollment in a
school, the school shall request the student's records from the school
the student last attended.
(c) If the document described in subsection (a)(2):
(1) is not provided to the school not more than thirty (30) days
after the student's enrollment; or
(2) appears to be inaccurate or fraudulent;
the school shall notify the Indiana clearinghouse for information on
missing children and missing endangered adults established under
IC 10-13-5-5 and determine if the student has been reported missing.
(d) A school in Indiana receiving a request for records shall send the
records promptly to the requesting school. An accredited nonpublic
school is required to send a former student's records that are
requested under subsection (b) regardless of whether the former
student of the accredited nonpublic school or the former student's
parent or guardian owes an outstanding debt to the accredited
nonpublic school. However, If a request is received for records to
which a notice has been attached under IC 31-36-1-5 (or IC 31-6-13-6
before its repeal), the school:
(1) shall immediately notify the Indiana clearinghouse for
information on missing children and missing endangered adults;
(2) may not send the school records without the authorization of
the clearinghouse; and
(3) may not inform the requesting school that a notice under
IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been attached
to the records.
(e) The department may revoke the accreditation of an
accredited nonpublic school that does not send a former student's
records to a requesting school as required under subsection (d).
SOURCE: IC 20-33-5-9.5; (12)SB0280.3.12. -->
SECTION 12. IC 20-33-5-9.5, AS ADDED BY P.L.229-2011,
SECTION 194, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9.5. (a) This section applies to
reimbursements made under this chapter in
calendar a state fiscal year
2012. and thereafter. beginning after June 30, 2012.
(b) The amount of reimbursement that a school corporation or an
accredited nonpublic school is entitled to receive under section 7 of
this chapter in a
calendar state fiscal year is equal to the amount
determined in the following STEPS:
STEP ONE: Determine the amount appropriated to make
reimbursements under this chapter for the state fiscal year. ending
in the calendar year.
STEP TWO: Determine the total number of eligible students for
which reimbursement was requested under either section 7 or 9
of this chapter before November 1 of the previous calendar state
fiscal year by all school corporations and accredited nonpublic
schools.
STEP THREE: Divide the result determined in STEP ONE by the
number determined in STEP TWO.
STEP FOUR: Multiply:
(A) the STEP THREE result; by
(B) the number of eligible students for which reimbursement
was requested under section 7 or 9 of this chapter before
November 1 of the previous calendar state fiscal year by the
school corporation or the accredited nonpublic school.
SOURCE: IC 20-43-1-1; (12)SB0280.3.13. -->
SECTION 13. IC 20-43-1-1, AS AMENDED BY P.L.229-2011,
SECTION 199, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. This article expires January 1,
2014. July 1, 2014.
SOURCE: IC 20-43-1-7; (12)SB0280.3.14. -->
SECTION 14. IC 20-43-1-7, AS ADDED BY P.L.2-2006,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 7. "ADM of the previous year"
means:
(1) for previous years ending before January 1, 2013, the
initial computed ADM for the school year ending in the preceding
calendar year (as adjusted under IC 20-43-4-2); and
(2) for previous years ending after December 31, 2012, the
average of the number of eligible pupils counted on each of
the count dates in the school year ending in that previous year
(as adjusted under IC 20-43-4-2).
SOURCE: IC 20-43-1-10; (12)SB0280.3.15. -->
SECTION 15. IC 20-43-1-10, AS ADDED BY P.L.2-2006,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 10. "Current ADM" means:
(1) for distributions made under this article before October 1,
2012, the initial computed ADM for the school year ending in the
calendar year; and
(2) for distributions made under this article after September
30, 2012, the most recently computed ADM that under
IC 20-43-3-7 is to be used for purposes of calculating a
distribution (as adjusted under IC 20-43-4-2).
SOURCE: IC 20-43-1-18; (12)SB0280.3.16. -->
SECTION 16. IC 20-43-1-18 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 18. "Maximum state distribution" refers to the amount
determined under IC 20-43-2-2.
SOURCE: IC 20-43-1-25; (12)SB0280.3.17. -->
SECTION 17. IC 20-43-1-25, AS AMENDED BY P.L.229-2011,
SECTION 203, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 25. "State tuition support" means
the amount of state funds to be distributed to:
(1) a school corporation other than a virtual charter school in any
calendar state fiscal year under this article for all grants,
distributions, and awards described in IC 20-43-2-3; and
(2) a virtual charter school in any calendar state fiscal year under
IC 20-43-6-3.
SOURCE: IC 20-43-2-1; (12)SB0280.3.18. -->
SECTION 18. IC 20-43-2-1, AS AMENDED BY P.L.146-2008,
SECTION 481, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. The department shall distribute
the amount appropriated by the general assembly for distribution as
state tuition support in accordance with this article. If the
appropriations for distribution as state tuition support are more than
required under this article, any excess shall revert to the state general
fund. The appropriations for state tuition support shall be made each
calendar state fiscal year under a schedule set by the budget agency
and approved by the governor. However, the schedule must provide:
(1) for at least twelve (12) payments;
(2) that one (1) payment shall be made at least every forty (40)
days; and
(3) the total of the payments in each calendar state fiscal year
must equal the amount required under this article.
SOURCE: IC 20-43-2-2; (12)SB0280.3.19. -->
SECTION 19. IC 20-43-2-2, AS AMENDED BY P.L.229-2011,
SECTION 204, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. The maximum state distribution
for a calendar state fiscal year for all school corporations for the
purposes described in section 3 of this chapter is
(1) six billion two hundred forty-seven million eight hundred
thousand dollars ($6,247,800,000) in 2011;
(2) six billion two hundred seventy-seven million eight hundred
thousand dollars ($6,277,800,000) in 2012; and
(3) six billion three hundred thirty-nine million six hundred
thousand dollars ($6,339,600,000) in 2013. the amount
appropriated by the general assembly for those purposes for
that state fiscal year.
SOURCE: IC 20-43-2-3; (12)SB0280.3.20. -->
SECTION 20. IC 20-43-2-3, AS AMENDED BY P.L.229-2011,
SECTION 205, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. If the total amount to be
distributed:
(1) as basic tuition support;
(2) for honors diploma awards;
(3) for primetime distributions;
(4) for special education grants; and
(5) for career and technical education grants;
(6) for choice scholarships; and
(7) for Mitch Daniels early graduation scholarships;
for a particular state fiscal year exceeds the maximum state
distribution amounts appropriated by the general assembly for
those purposes for a calendar the state fiscal 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 state fiscal
year shall be proportionately reduced so that the total reductions equal
the amount of the excess.
SOURCE: IC 20-43-2-8; (12)SB0280.3.21. -->
SECTION 21. IC 20-43-2-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 8. (a) Beginning July 1, 2012, distributions for basic
tuition support, honors diploma awards, primetime distributions,
special education grants, career and technical education grants,
choice scholarships, and Mitch Daniels early graduation
scholarships shall be made on a state fiscal year basis rather than
a calendar year basis.
(b) The following is the intent of the general assembly:
(1) The distributions for basic tuition support, honors diploma
awards, primetime distributions, special education grants,
career and technical education grants, choice scholarships,
and Mitch Daniels early graduation scholarships that are
provided for under this article (as this article exists on
January 1, 2012) for calendar year 2012 shall be made only
during the first six (6) months of calendar year 2012.
(2) Except as otherwise provided, the distributions for basic
tuition support, honors diploma awards, primetime
distributions, special education grants, career and technical
education grants, choice scholarships, and Mitch Daniels early
graduation scholarships that were provided for under this
article (as this article existed on January 1, 2012) for calendar
year 2013 shall instead be made during the state fiscal year
2012 beginning July 1, 2012.
(3) IC 20-43-3-7 and IC 20-43-3-8 apply to the distributions
made after June 30, 2012.
(c) The department shall make any adjustments required to
carry out the change from distributions made on a calendar year
basis to distributions made on a state fiscal year basis.
SOURCE: IC 20-43-3-4; (12)SB0280.3.22. -->
SECTION 22. IC 20-43-3-4, AS AMENDED BY P.L.229-2011,
SECTION 206, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 4. (a)
This subsection applies to
the determination of a school corporation's previous year revenue
for purposes of determining distributions under this article before
July 1, 2012. 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 actually
received for the year that precedes the current year.
(B) For 2012, the restoration grant (IC 20-43-12 (repealed))
actually received for 2011.
(C) For 2012, the small school grant (IC 20-43-12.2
(repealed)) actually received for 2011.
STEP TWO: Subtract from the STEP ONE result an amount equal
to the reduction in the school corporation's state tuition support
under any combination of subsection
(b) (c) or IC 20-30-2-4.
(b) This subsection applies to the determination of a school
corporation's previous year revenue for purposes of determining
distributions under this article after June 30, 2012. A school
corporation's previous year revenue equals the amount determined
under STEP TWO of the following formula:
STEP ONE: For purposes of making determinations for:
(A) the state fiscal year beginning July 1, 2012, determine
the product of the school corporation's basic tuition
support actually received for the first six (6) months of
2012 multiplied by two (2); or
(B) a state fiscal year beginning after June 30, 2013,
determine the school corporation's basic tuition support
actually received for the state fiscal year that immediately
precedes the current state fiscal year.
STEP TWO: Subtract from the STEP ONE result an amount
equal to the reduction in the school corporation's state tuition
support under any combination of subsection (c) or
IC 20-30-2-4.
(b) (c) A school corporation's previous year revenue must be
reduced if:
(1) the school corporation's state tuition support for special
education or career and technical 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 education programs or career and
technical 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 education and
career and technical education because of the overstatement.
SOURCE: IC 20-43-3-7; (12)SB0280.3.23. -->
SECTION 23. IC 20-43-3-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 7. (a) This section applies to distributions under this
article that:
(1) are computed in any part based on a count of students
under IC 20-43-4-2 or IC 20-43-4-4.5; and
(2) are made after June 30, 2012.
(b) The number of eligible pupils counted on the September
count date of 2011 (as adjusted under IC 20-43-4-2) applies to
distributions made in July, August, September, and October of
2012.
(c) After June 30, 2012, the number of eligible pupils counted on
the September count date (as adjusted under IC 20-43-4-2) applies
to distributions made in November and December of the year in
which the September count is made and in January and February
of the year following the year in which the September count is
made.
(d) Except as provided in subsection (b), the number of eligible
pupils counted on the January count date (as adjusted under
IC 20-43-4-2) applies to distributions made in March, April, May,
June, July, August, September, and October of the year in which
the January count is made.
(e) If the state board subsequently adjusts under IC 20-43-4-2
a count used for a distribution under this article, the department
shall adjust subsequent distributions to the school corporation that
are affected by the adjusted count, on the schedule determined by
the department, to reflect the differences between the distribution
that the school corporation received and the distribution that the
school corporation would have received if the adjusted count had
been used.
SOURCE: IC 20-43-3-8; (12)SB0280.3.24. -->
SECTION 24. IC 20-43-3-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 8. Distributions under this article that are computed
in any part based on a count of students under IC 20-43-4-2,
IC 20-43-4-4, or IC 20-43-4-4.5, and that are made after June 30,
2012, shall be reconciled as follows:
(1) In October of each year, the department shall determine
the result of:
(A) the total amount of the distributions that would have
been received by the school corporation during the months
of July, August, September, and October if the
distributions had been based on the September count of
that year instead of:
(i) the count made in September of 2011 (in the case of a
determination made in October of 2012); or
(ii) the count made in the preceding January (in the case
of a determination made in October of 2013, and each
October thereafter); minus
(B) the total amount of the distributions received by a
school corporation during the months of July, August,
September, and October of that year.
(2) If the result determined under subdivision (1) is positive,
the school corporation shall receive an additional distribution
in November equal to the result determined under subdivision
(1).
(3) If the result determined under subdivision (1) is negative,
the distributions otherwise received by the school corporation
in November, December, January, and February shall be
proportionately reduced so that the total reduction is equal to
the result determined under subdivision (1).
(4) In February of each year, the department shall determine
the result of:
(A) the total amount of the distributions that would have
been received by the school corporation during the months
of January and February if the distributions had been
based on the January count of that year instead of the
count made in the preceding September; minus
(B) the total amount of the distributions received by a
school corporation during the months of January and
February of that year.
(5) If the result determined under subdivision (4) is positive,
the school corporation shall receive an additional distribution
in March equal to the result determined under subdivision (4).
(6) If the result determined under subdivision (4) is negative,
the distributions otherwise received by the school corporation
in March, April, May, and June of that year shall be
proportionately reduced so that the total reduction is equal to
the result determined under subdivision (4).
(7) In January of each year, the department shall determine
the result of:
(A) the total amount of the distributions that would have
been received by the school corporation during the months
of October, November, and December of the preceding
year if the school corporation's ADM for each of those
months had included students:
(i) who, after the September count date and before the
January count date, left a charter school or nonpublic
eligible school (as defined in IC 20-51-1-4.7); and
(ii) were enrolled during the month in a public school
maintained by the school corporation; minus
(B) the total amount of the distributions received by a
school corporation during the months of October,
November, and December of the preceding year.
(8) If the result determined under subdivision (7) is positive,
the school corporation shall receive an additional distribution
in March equal to the result determined under subdivision (7).
(9) In September of each year, the department shall determine
the result of:
(A) the total amount of the distributions that would have
been received by the school corporation during the months
of February, March, April, May, and June of the year if
the school corporation's ADM for each of those months
had included students:
(i) who, after the January count date and before the end
of the school year, left a charter school or nonpublic
eligible school (as defined in IC 20-51-1-4.7); and
(ii) who were enrolled during the month in a public
school maintained by the school corporation; minus
(B) the total amount of the distributions received by a
school corporation during the months of February, March,
April, May, and June of the year.
(10) If the result determined under subdivision (9) is positive,
the school corporation shall receive an additional distribution
in November equal to the result determined under subdivision
(9).
(11) In January of each year, the department shall determine
the result of:
(A) the total amount of the distributions that would have
been received by the school corporation during the months
of October, November, and December of the preceding
year if the school corporation's ADM for each of those
months had not included students:
(i) who, after the September count date and before the
January count date, left a public school maintained by
the school corporation; and
(ii) who were enrolled during the month in a charter
school or nonpublic eligible school (as defined in
IC 20-51-1-4.7); minus
(B) the total amount of the distributions received by a
school corporation during the months of October,
November, and December of the preceding year.
(12) If the result determined under subdivision (11) is
negative, the distributions otherwise received by the school
corporation in March, April, May, and June of that year shall
be proportionately reduced so that the total reduction is equal
to the result determined under subdivision (11).
(13) In September of each year, the department shall
determine the result of:
(A) the total amount of the distributions that would have
been received by the school corporation during the months
of February, March, April, May, and June of the year if
the school corporation's ADM for each of those months
had not included students:
(i) who, after the January count date and before the end
of the school year, left a public school maintained by the
school corporation; and
(ii) were enrolled during the month in a charter school or
nonpublic eligible school (as defined in IC 20-51-1-4.7);
minus
(B) the total amount of the distributions received by a
school corporation during the months of February, March,
April, May, and June of the year.
(14) If the result determined under subdivision (13) is
negative, the distributions otherwise received by the school
corporation in November and December of that year and
January and February of the following year shall be
proportionately reduced so that the total reduction is equal to
the result determined under subdivision (13).
SOURCE: IC 20-43-4-2; (12)SB0280.3.25. -->
SECTION 25. IC 20-43-4-2, AS ADDED BY P.L.2-2006,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. A school corporation's ADM is
the number of eligible pupils enrolled in:
(1) the school corporation; or
(2) a transferee corporation;
on a day to be the days fixed annually in September and in January
by the state board for a count of students under section 3 of this
chapter and as subsequently adjusted not later than January 30 the
date specified under the rules adopted by the state board. The state
board may adjust the school's count of eligible pupils if the state
board determines that the count is unrepresentative of the school
corporation's enrollment.
SOURCE: IC 20-43-4-3; (12)SB0280.3.26. -->
SECTION 26. IC 20-43-4-3, AS ADDED BY P.L.2-2006,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The initial day of the ADM
count in a school year must fall within the first thirty (30) days of the
school year. the month of September each year.
(b) The second day of the ADM count in a school year must fall
within the month of January.
(c) However, if extreme patterns of:
(1) student in-migration;
(2) illness;
(3) natural disaster; or
(4) other unusual conditions in a particular school corporation's
enrollment;
on either the September count day or January count day fixed by the
state board or on the subsequent adjustment date, cause the enrollment
to be unrepresentative of the school corporation's enrollment,
throughout a school year, the state board may designate another day for
determining the school corporation's enrollment.
SOURCE: IC 20-43-4-4.5; (12)SB0280.3.27. -->
SECTION 27. IC 20-43-4-4.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]:
Sec. 4.5. (a) This section applies to a
count of individuals required under this article that is not
described in section 2 or 4 of this chapter.
(b) The state board shall monitor changes that occur in the
number of students counted under this article. The state board:
(1) shall require a count of students two (2) times per school
year on the same days that ADM counts are conducted under
sections 2 and 3 of this chapter; and
(2) may adjust the counts as provided in section 2 of this
chapter.
SOURCE: IC 20-43-5-1; (12)SB0280.3.28. -->
SECTION 28. IC 20-43-5-1, AS AMENDED BY P.L.234-2007,
SECTION 241, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. A school corporation's transition
to foundation revenue per adjusted ADM for a calendar state fiscal
year is the amount determined under section 9 of this chapter.
SOURCE: IC 20-43-5-2; (12)SB0280.3.29. -->
SECTION 29. IC 20-43-5-2, AS AMENDED BY P.L.234-2007,
SECTION 242, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. The following amounts must be
determined under this chapter to calculate a school corporation's
transition to foundation revenue per adjusted ADM for a calendar state
fiscal year:
(1) The school corporation's complexity index for the calendar
state fiscal year under section 3 of this chapter.
(2) The school corporation's foundation amount for the calendar
state fiscal year under section 4 of this chapter.
(3) The school corporation's previous year revenue foundation
amount for the calendar state fiscal year under section 5 of this
chapter.
(4) The school corporation's transition to foundation amount for
the calendar state fiscal year under section 6 of this chapter.
(5) The school corporation's transition to foundation revenue for
the calendar state fiscal year under section 7 of this chapter.
SOURCE: IC 20-43-5-5; (12)SB0280.3.30. -->
SECTION 30. IC 20-43-5-5, AS AMENDED BY P.L.182-2009(ss),
SECTION 335, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 5. A school corporation's previous
year revenue foundation amount for a calendar state fiscal year is equal
to the result of:
(1) the school corporation's previous year revenue; divided by
(2) the school corporation's adjusted ADM for the previous year.
SOURCE: IC 20-43-5-6; (12)SB0280.3.31. -->
SECTION 31. IC 20-43-5-6, AS AMENDED BY P.L.229-2011,
SECTION 210, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6. (a) A school corporation's
transition to foundation amount for a calendar state fiscal year is equal
to the result determined under STEP TWO of the following formula:
STEP ONE: Determine the difference of:
(A) the school corporation's foundation amount; minus
(B) the lesser of:
(i) the school corporation's previous year revenue foundation
amount; or
(ii) the result of the school corporation's foundation amount
multiplied by one and two-tenths (1.2).
STEP TWO: A school corporation's STEP TWO amount is the
following:
(A) For a charter school located outside Marion County that
has previous year revenue that is not greater than zero (0), the
charter school's STEP TWO amount is the quotient of:
(i) the school corporation's transition to foundation revenue
for the calendar state fiscal year where the charter school is
located; divided by
(ii) the school corporation's current ADM.
(B) For a charter school located in Marion County that has
previous year revenue that is not greater than zero (0), the
charter school's STEP TWO amount is the weighted average
of the transition to foundation revenue for the school
corporations where the students counted in the current ADM
of the charter school have legal settlement, as determined
under item (iv) of the following formula:
(i) Determine the transition to foundation revenue for each
school corporation where a student counted in the current
ADM of the charter school has legal settlement.
(ii) For each school corporation identified in item (i), divide
the item (i) amount by the school corporation's current
ADM.
(iii) For each school corporation identified in item (i),
multiply the item (ii) amount by the number of students
counted in the current ADM of the charter school that have
legal settlement in the particular school corporation.
(iv) Determine the sum of the item (iii) amounts for the
charter school.
(C) The STEP TWO amount for a school corporation that is
not a charter school described in clause (A) or (B) is the
following:
(i) The school corporation's foundation amount for the
calendar state fiscal year if the STEP ONE amount is zero
(0) or greater.
(ii) The amount determined under subsection (b), if the
school corporation's STEP ONE amount is less than zero (0).
(b) For the purposes of STEP TWO (C)(ii) in subsection (a),
determine the result of:
(1) the result determined for the school corporation under STEP
ONE (B) of subsection (a); minus
(2) the result of:
(A) the absolute value of the STEP ONE amount; divided by
(B) seven (7) in 2012 and six (6) in 2013. the state fiscal year
beginning July 1, 2012.
SOURCE: IC 20-43-5-7; (12)SB0280.3.32. -->
SECTION 32. IC 20-43-5-7, AS AMENDED BY P.L.229-2011,
SECTION 211, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 7. A school corporation's transition
to foundation revenue for a calendar state fiscal year is equal to the
product of:
(1) the school corporation's transition to foundation amount for
the calendar state fiscal year; multiplied by
(2) the school corporation's current ADM.
SOURCE: IC 20-43-5-9; (12)SB0280.3.33. -->
SECTION 33. IC 20-43-5-9, AS AMENDED BY P.L.234-2007,
SECTION 247, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9. A school corporation's transition
to foundation revenue per adjusted ADM for a calendar state fiscal
year is the quotient of:
(1) the school corporation's transition to foundation revenue for
the calendar state fiscal year; divided by
(2) the school corporation's current adjusted ADM.
SOURCE: IC 20-43-6-1; (12)SB0280.3.34. -->
SECTION 34. IC 20-43-6-1, AS AMENDED BY P.L.182-2009(ss),
SECTION 338, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. Subject to the amount
appropriated by the general assembly for state tuition support and
IC 20-43-2, the amount that a school corporation is entitled to receive
in basic tuition support for a state fiscal year is the amount determined
in section 3 of this chapter.
SOURCE: IC 20-43-6-3; (12)SB0280.3.35. -->
SECTION 35. IC 20-43-6-3, AS AMENDED BY P.L.229-2011,
SECTION 212, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A school corporation's basic
tuition support for a state fiscal year is the amount determined under
the applicable provision of this section.
(b) The school corporation's basic tuition support for a state fiscal
year is equal to the school corporation's transition to foundation
revenue for the year.
(c) This subsection applies to students of a virtual charter school. A
virtual charter school's basic tuition support for a state fiscal year for
those students is the amount determined under IC 20-24-7-13.
SOURCE: IC 20-43-7-1; (12)SB0280.3.36. -->
SECTION 36. IC 20-43-7-1, AS ADDED BY P.L.2-2006,
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. In addition to the amount a
school corporation is entitled to receive in basic tuition support, each
school corporation is entitled to receive a grant for special education
programs
for the state fiscal year. The amount of the special
education grant is based on the count of eligible pupils enrolled in
special education programs on December 1 of the preceding state
fiscal year in:
(1) the school corporation; or
(2) a transferee corporation.
SOURCE: IC 20-43-7-6; (12)SB0280.3.37. -->
SECTION 37. IC 20-43-7-6, AS AMENDED BY P.L.182-2009(ss),
SECTION 340, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6.
(a) A school corporation's special
education grant for a
calendar state fiscal year is equal to the sum of
the following:
(1) The nonduplicated count of pupils in programs for severe
disabilities multiplied by eight thousand three hundred fifty
dollars ($8,350).
(2) The nonduplicated count of pupils in programs of mild and
moderate disabilities multiplied by two thousand two hundred
sixty-five dollars ($2,265).
(3) The duplicated count of pupils in programs for communication
disorders multiplied by five hundred thirty-three dollars ($533).
(4) The cumulative count of pupils in homebound programs
multiplied by five hundred thirty-three dollars ($533).
(5) The nonduplicated count of pupils in special preschool
education programs multiplied by two thousand seven hundred
fifty dollars ($2,750).
(b) Before February 1 of each calendar year, the department
shall determine the result of:
(1) the total amount of the special education grant that would
have been received by the school corporation during the
months of July, August, September, October, November, and
December of the preceding calendar year and January of the
current calendar year if the grant had been based on the
count of students with disabilities that was made on the
immediately preceding December 1; minus
(2) the total amount of the special education grant received by
the school corporation during the months of July, August,
September, October, November, and December of the
preceding calendar year and January of the current calendar
year.
If the result determined under this subsection is positive, the school
corporation shall receive an additional special education grant
distribution in February equal to the result determined under this
subsection. If the result determined under this subsection is
negative, the special education grant distributions that otherwise
would be received by the school corporation in February, March,
April, and May shall be proportionately reduced so that the total
reduction is equal to the result determined under this subsection.
(c) The special education grant distributions made in February,
March, April, May, and June of a calendar year shall be based on
the count of students with disabilities that was made on the
immediately preceding December 1.
SOURCE: IC 20-43-8-2; (12)SB0280.3.38. -->
SECTION 38. IC 20-43-8-2, AS AMENDED BY P.L.234-2007,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Before December 1 of each
year, the department of workforce development shall provide the
department with a report, to be used to determine career and technical
education grant amounts in the
second calendar state fiscal year
beginning after the year in which the report is provided, listing whether
the labor market demand for each generally recognized labor category
is more than moderate, moderate, or less than moderate. In the report,
the department of workforce development shall categorize each of the
career and technical education programs using the following four (4)
categories:
(1) Programs that address employment demand for individuals in
labor market categories that are projected to need more than a
moderate number of individuals.
(2) Programs that address employment demand for individuals in
labor market categories that are projected to need a moderate
number of individuals.
(3) Programs that address employment demand for individuals in
labor market categories that are projected to need less than a
moderate number of individuals.
(4) All programs not covered by the employment demand
categories of subdivisions (1) through (3).
(b) Before December 1 of each year, the department of workforce
development shall provide the department with a report, to be used to
determine grant amounts that will be distributed under this chapter in
the
second calendar state fiscal year
beginning after the year in which
the report is provided, listing whether the average wage level for each
generally recognized labor category for which career and technical
education programs are offered is a high wage, a moderate wage, or a
less than moderate wage.
(c) In preparing the labor market demand report under subsection
(a) and the average wage level report under subsection (b), the
department of workforce development shall, if possible, list the labor
market demand and the average wage level for specific regions,
counties, and municipalities.
(d) If a new career and technical education program is created by
rule of the state board, the department of workforce development shall
determine the category in which the program should be included.
SOURCE: IC 20-43-8-9; (12)SB0280.3.39. -->
SECTION 39. IC 20-43-8-9, AS AMENDED BY P.L.234-2007,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 9. A school corporation's career and
technical education grant for a
calendar state fiscal year is the sum of
the following amounts:
STEP ONE: For each career and technical education program
provided by the school corporation:
(A) the number of credit hours of the program (either one (1)
credit, two (2) credits, or three (3) credits); multiplied by
(B) the number of students enrolled in the program; multiplied
by
(C) the following applicable amount:
(i) Four hundred fifty dollars ($450), in the case of a
program described in section 5 of this chapter (more than a
moderate labor market need) for which the average wage
level determined under section 2(b) of this chapter is a high
wage.
(ii) Three hundred seventy-five dollars ($375), in the case of
a program described in section 5 of this chapter (more than
a moderate labor market need) for which the average wage
level determined under section 2(b) of this chapter is a
moderate wage.
(iii) Three hundred dollars ($300), in the case of a program
described in section 5 of this chapter (more than a moderate
labor market need) for which the average wage level
determined under section 2(b) of this chapter is a less than
moderate wage.
(iv) Three hundred seventy-five dollars ($375), in the case
of a program described in section 6 of this chapter (moderate
labor market need) for which the average wage level
determined under section 2(b) of this chapter is a high wage.
(v) Three hundred dollars ($300), in the case of a program
described in section 6 of this chapter (moderate labor market
need) for which the average wage level determined under
section 2(b) of this chapter is a moderate wage.
(vi) Two hundred twenty-five dollars ($225), in the case of
a program described in section 6 of this chapter (moderate
labor market need) for which the average wage level
determined under section 2(b) of this chapter is a less than
moderate wage.
(vii) Three hundred dollars ($300), in the case of a program
described in section 7 of this chapter (less than a moderate
labor market need) for which the average wage level
determined under section 2(b) of this chapter is a high wage.
(viii) Two hundred twenty-five dollars ($225), in the case of
a program described in section 7 of this chapter (less than a
moderate labor market need) for which the average wage
level determined under section 2(b) of this chapter is a
moderate wage.
(ix) One hundred fifty dollars ($150), in the case of a
program described in section 7 of this chapter (less than a
moderate labor market need) for which the average wage
level determined under section 2(b) of this chapter is a less
than moderate wage.
STEP TWO: The number of pupils described in section 8 of this
chapter (all other programs) multiplied by two hundred fifty
dollars ($250).
STEP THREE: The number of pupils participating in a career and
technical education program in which pupils from multiple
schools are served at a common location multiplied by one
hundred fifty dollars ($150).
SOURCE: IC 20-43-9-6; (12)SB0280.3.40. -->
SECTION 40. IC 20-43-9-6, AS AMENDED BY P.L.229-2011,
SECTION 217, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6. A school corporation's primetime
distribution for a
calendar state fiscal year under this chapter is the
amount determined by the following formula:
STEP ONE: Determine the applicable target pupil/teacher ratio
for the school corporation as follows:
(A) If the school corporation's complexity index is less than
one and one-tenth (1.1), the school corporation's target
pupil/teacher ratio is eighteen to one (18:1).
(B) If the school corporation's complexity index is at least one
and one-tenth (1.1) but less than one and three-tenths (1.3), the
school corporation's target pupil/teacher ratio is fifteen (15)
plus the result determined in item (iii) to one (1):
(i) Determine the result of one and three-tenths (1.3) minus
the school corporation's complexity index.
(ii) Determine the item (i) result divided by two-tenths (0.2).
(iii) Determine the item (ii) result multiplied by three (3).
(C) If the school corporation's complexity index is at least one
and three-tenths (1.3), the school corporation's target
pupil/teacher ratio is fifteen to one (15:1).
STEP TWO: Determine the result of:
(A) the ADM of the school corporation in kindergarten
through grade 3 for the current school year; divided by
(B) the school corporation's applicable target pupil/teacher
ratio, as determined in STEP ONE.
STEP THREE: Determine the result of:
(A) the basic tuition support for the year multiplied by
seventy-five hundredths (0.75); divided by
(B) the school corporation's ADM.
STEP FOUR: Determine the result of:
(A) the STEP THREE result; multiplied by
(B) the ADM of the school corporation in kindergarten
through grade 3 for the current school year.
STEP FIVE: Determine the result of:
(A) the STEP FOUR result; divided by
(B) the staff cost amount.
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP TWO amount; minus
(B) the STEP FIVE amount.
STEP SEVEN: Determine the result of:
(A) the STEP SIX amount; multiplied by
(B) the staff cost amount.
STEP EIGHT: Determine the greater of the STEP SEVEN amount
or zero.
(A) for 2012, fifty percent (50%) of the school corporation's
guaranteed primetime amount; or
(B) for 2013, zero (0).
STEP NINE: A school corporation's amount under this STEP is
the following:
(A) If the amount the school corporation received under this
chapter in the previous calendar state fiscal year is greater
than zero (0), the amount under this STEP is the lesser of:
(i) the STEP EIGHT amount; or
(ii) the amount the school corporation received under this
chapter for the previous calendar state fiscal year multiplied
by one hundred seven and one-half percent (107.5%).
(B) If the amount the school corporation received under this
chapter in the previous calendar state fiscal year is not greater
than zero (0), the amount under this STEP is the STEP EIGHT
amount.
SOURCE: IC 20-43-10-2; (12)SB0280.3.41. -->
SECTION 41. IC 20-43-10-2, AS AMENDED BY P.L.229-2011,
SECTION 219, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2. (a) A school corporation's honors
diploma award for a calendar state fiscal year is the amount
determined under STEP FOUR of the following formula:
STEP ONE: Determine the number of the school corporation's
eligible pupils who successfully completed an academic honors
diploma program in the school year ending in the previous
calendar state fiscal year.
STEP TWO: Determine the result of:
(A) the number of the school corporation's eligible pupils who
successfully completed a Core 40 diploma with technical
honors program in the school year ending in the previous
calendar state fiscal year; minus
(B) the number of eligible pupils who would otherwise be
double counted under both clause (A) and STEP ONE.
STEP THREE: Determine the sum of the number of eligible
students determined under STEP ONE and the number of eligible
students determined under STEP TWO.
STEP FOUR: Multiply the STEP THREE amount by nine
hundred dollars ($900).
(b) An amount received by a school corporation as an honors
diploma award may be used only for:
(1) any:
(A) staff training;
(B) program development;
(C) equipment and supply expenditures; or
(D) other expenses;
directly related to the school corporation's honors diploma
program; and
(2) the school corporation's program for high ability students.
(c) A governing body that does not comply with this section for a
school year is not eligible to receive an honors diploma award for the
following school year.
SOURCE: IC 20-49-7-4; (12)SB0280.3.42. -->
SECTION 42. IC 20-49-7-4, AS ADDED BY P.L.2-2006,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 4. As used in this chapter,
"operational costs" means costs other than construction costs incurred
by:
(1) a charter school other than a conversion charter school during
the second six (6) months of the calendar state fiscal year in
which the charter school begins its initial operation; or
(2) a charter school, including a conversion charter school, during
the second six (6) months of a calendar state fiscal year in which
the charter school's most recent enrollment reported under
IC 20-24-7-2(a) divided by the charter school's previous year's
ADM is at least one and fifteen-hundredths (1.15).
SOURCE: IC 20-51-4-5; (12)SB0280.3.43. -->
SECTION 43. IC 20-51-4-5, AS ADDED BY P.L.92-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. The state tuition support amount to be used in
section 3(2) section 4(2) of this chapter for an eligible individual is the
amount determined under the last STEP of the following formula:
STEP ONE: Determine the school corporation in which the
eligible individual has legal settlement.
STEP TWO: Determine the amount of state tuition support that
the school corporation identified under STEP ONE is eligible to
receive under IC 20-43 for the calendar state fiscal year in which
the current school year begins, excluding amounts provided for
special education grants under IC 20-43-7 and career and
technical education grants under IC 20-43-8.
STEP THREE: Determine the result of:
(A) the STEP TWO amount; divided by
(B) the current ADM (as defined in IC 20-43-1-10) for the
school corporation identified under STEP ONE for the
calendar state fiscal year used in STEP TWO.
SOURCE: IC 20-51-4-6; (12)SB0280.3.44. -->
SECTION 44. IC 20-51-4-6, AS ADDED BY P.L.92-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) If an eligible individual enrolls in an eligible
school for less than an entire school year, the choice scholarship
provided under this chapter for that school year shall be reduced on a
prorated basis to reflect the shorter school term.
(b) An eligible individual is entitled to only one (1) choice
scholarship for each school year. If the eligible individual leaves the
eligible school for which the eligible individual was awarded a choice
scholarship and enrolls in another eligible school, the eligible
individual is responsible for the payment of any tuition required for the
remainder of that school year.
(c) If an eligible individual who was awarded a choice
scholarship leaves the nonpublic eligible school for which the
eligible individual was awarded a choice scholarship and in that
school year enrolls in a public school maintained by a school
corporation, the eligible school shall pay to the treasurer of state
for deposit in the state general fund an amount determined in the
following STEPS:
STEP ONE: Determine the amount of the choice scholarship
awarded to the eligible individual for the school year.
STEP TWO: Determine the result of:
(A) the eligible school's total number of school days in that
school year minus the number of days in that school year
in which the eligible individual was enrolled in the eligible
school; divided by
(B) the eligible school's total number of school days in that
school year.
STEP THREE: Multiply the STEP ONE result by the STEP
TWO result.
SOURCE: ; (12)SB0280.3.45. -->
SECTION 45. [EFFECTIVE JULY 1, 2012] (a) The department
of education shall before November 1, 2012, report to the state
budget committee:
(1) the number of students who left a charter school and
enrolled in a public school maintained by a school corporation
during the 2011 - 2012 school year; and
(2) the number of students who:
(A) received a choice scholarship for the 2011 - 2012 school
year; and
(B) left a nonpublic eligible school (as defined in
IC 20-51-1-4.7) and enrolled in a public school maintained
by a school corporation during the 2011 - 2012 school year.
(b) This SECTION expires January 1, 2013.
SOURCE: ; (12)SB0280.3.46. -->
SECTION 46. [EFFECTIVE JULY 1, 2012] (a) For the fiscal year
beginning July 1, 2012, and ending June 30, 2013, there is
appropriated to the department of education thirty million nine
hundred thousand dollars ($30,900,000) from the state general
fund for distribution for tuition support, total operating expense,
beginning July 1, 2012, and ending June 30, 2013. This
appropriation is in addition to the appropriation for tuition
support that was made by P.L.229-2011.
(b) This SECTION expires July 1, 2013.
SOURCE: ; (12)SB0280.3.47. -->
SECTION 47.
An emergency is declared for this act.