Introduced Version
SENATE BILL No. 324
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-12-70-2; IC 20-18-2-22; IC 20-26-13-11;
IC 20-27-9-6; IC 20-28-8; IC 20-33-2; IC 21-2-15-4; IC 34-30-2-85.2;
IC 36-1-12-4.
Synopsis: Various education matters. Allows the use of school-owned
buses for nonprofit organizations under certain conditions. Allows
school corporations to independently contract for school nurses and
other certified or licensed personnel to provide student services and
health services. Removes the requirement that a school nurse must
have a bachelor's degree in nursing. Makes statutes governing
nonrenewal of contracts applicable to assistant superintendents,
principals, assistant principals, and directors of special education
consistent with statutes governing the nonrenewal of a superintendent's
contract. Increases the cost of public works projects subject to the
bidding process. Allows payment of skilled maintenance personnel
salaries and fringe benefits from the capital projects fund for all school
corporations without limitations. Allows up to one year or the school
corporation's next budget year for school corporations to abate school
building inspection violations. Removes the requirement for state and
local attendance officers. Extends eligibility for the twenty-first century
scholars program to students in grade 6. Repeals superseded
compulsory school attendance provisions.
Effective: July 1, 2006.
Alting
January 10, 2006, read first time and referred to Committee on Education and Career
Development.
Introduced
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 324
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-12-70-2; (06)IN0324.1.1. -->
SECTION 1. IC 20-12-70-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. As used in this
chapter, "eligible student" means a student who meets the following
requirements:
(1) Is a resident of Indiana.
(2) Is enrolled in:
(A) for the 2006-2007 school year, in grade 6, 7, or 8; and
(B) for the 2007-2008 school year and each subsequent
school year, grade 8 grade 6;
at a public or an accredited nonpublic school.
(3) Is eligible for free or reduced priced lunches under the
national school lunch program.
(4) Agrees in writing, together with the student's custodial parents
or guardian, that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an institution of higher
learning;
(B) not illegally use controlled substances (as defined in
IC 35-48-1-9);
(C) not commit a crime or infraction described in IC 9-30-5;
(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
repeal));
(E) when the eligible student is a senior in high school, timely
apply:
(i) to an institution of higher learning for admission; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an institution of
higher learning; and
(F) achieve a cumulative grade point average upon graduation
of at least 2.0 on a 4.0 grading scale (or its equivalent if
another grading scale is used) for courses taken during grades
9, 10, 11, and 12.
SOURCE: IC 20-18-2-22; (06)IN0324.1.2. -->
SECTION 2. IC 20-18-2-22, AS ADDED BY P.L.246-2005,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 22. (a) "Teacher" means a
professional person whose position in a school corporation requires
certain educational preparation and licensing.
(b) For purposes of IC 20-28, the term includes the following:
(1) A superintendent.
(2) A supervisor.
(3) A principal.
(4) An attendance officer.
(5) (4) A teacher.
(6) (5) A librarian.
SOURCE: IC 20-26-13-11; (06)IN0324.1.3. -->
SECTION 3. IC 20-26-13-11, AS ADDED BY P.L.242-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) A student who has left school is not
included in clauses (A) through (J) of STEP FIVE of the formula
established in section 10 of this chapter unless the school corporation
can provide written proof that the student has left the school for one (1)
of the reasons set forth in clauses (A) through (J) of STEP FIVE of
section 10 of this chapter. If the location of the student is unknown to
the school, the principal of the school shall send a certified letter to the
last known address of the student, inquiring about the student's
whereabouts and status. If the student is not located after the certified
letter is delivered or if no response is received, the principal may
submit the student's information, including last known address, parent
or guardian name, student testing number, and other pertinent data to
the state attendance officer. official. The state attendance officer,
official, using all available state data and any other means available,
shall attempt to locate the student and report the student's location and
school enrollment status to the principal so that the principal can
appropriately send student records to the new school or otherwise
document the student's status.
(b) If a school corporation cannot provide written proof that a
student should be included in clauses (A) through (J) of STEP FIVE of
section 10 of this chapter, the student is considered a dropout.
SOURCE: IC 20-27-9-6; (06)IN0324.1.4. -->
SECTION 4. IC 20-27-9-6, AS ADDED BY P.L.1-2005, SECTION
11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2006]: Sec. 6. (a) In addition to the exemptions granted in this chapter
and notwithstanding section 16 of this chapter, a school corporation
may allow a school bus operated under a fleet or transportation contract
and not owned in whole or in part by a public agency to be used for the
transportation of a group or an organization for any distance, if that
group or organization agrees to maintain the condition of the school
bus and to maintain order on the school bus while in use.
(b) When authorizing transportation described in subsection (a), the
school corporation shall require the owner of the school bus to:
(1) obtain written authorization of the superintendent of the
contracting school corporation;
(2) clearly identify the school bus with the name of the sponsoring
group; and
(3) provide proof to the superintendent and the sponsoring group
of financial responsibility, as required by IC 9-25 and
IC 20-27-5-9 for the transportation.
(c) The governing body of a school corporation may allow, by
written authorization, the use of a school bus owned in whole or in part
by the school corporation for the transportation needs of:
(1) a fair or festival operated by or affiliated with a nonprofit
organization exempt from federal taxation under Section
501(c)(3) through 501(c)(7) of the Internal Revenue Code; or
(2) any nonprofit organization exempt from federal taxation
under Section 501 (c)(3) through 501(c)(7) of the Internal
Revenue Code.
(d) When authorizing transportation described in subsection (c),
the school corporation may only charge the organization for
gasoline.
SOURCE: IC 20-28-8-3; (06)IN0324.1.5. -->
SECTION 5. IC 20-28-8-3, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2006]: Sec. 3. (a) Before February 1 of the year during which the
contract of an assistant superintendent, a principal, or an assistant
principal is due to expire, the governing body of the school corporation,
or an employee at the direction of the governing body, shall give
written notice of renewal or refusal to renew the individual's contract
for the ensuing school year.
(b) If notice is not given before February 1 of the year during which
the contract is due to expire, the contract then in force shall be
reinstated only for the ensuing school year.
(c) This section does not prevent the modification or termination of
a contract by mutual agreement of the assistant superintendent, the
principal, or the assistant principal and the governing body. An
assistant superintendent, a principal, or an assistant principal's
contract terminates only on the following dates and under the
following conditions:
(1) On any date, if the governing body and the assistant
superintendent, principal, or assistant principal mutually
consent.
(2) Before the expiration date set forth in the contract, if the
governing body terminates the contract for cause under a
statute that sets forth causes for dismissal of teachers.
However, the governing body must give the assistant
superintendent, principal, or assistant principal proper notice
and, if the assistant superintendent, principal, or assistant
principal requests a hearing at least ten (10) days before the
termination, must grant the assistant superintendent,
principal, or assistant principal a hearing at an official
meeting of the governing body.
(3) On the expiration date set forth in the contract, if the
governing body not later than January 1 of the year in which
the contract expires gives notice to the assistant
superintendent, principal, or assistant principal in writing,
delivered in person or by registered mail.
(4) On the expiration date set forth in the contract, if the
assistant superintendent, principal, or assistant principal not
later than January 1 of the year in which the contract expires
gives proper notice in writing to the governing body.
(b) If the governing body fails to give a termination notice under
subsection (a), the assistant superintendent, principal, or assistant
principal's contract is extended for twelve (12) months following
the expiration date of the contract.
SOURCE: IC 20-28-8-11; (06)IN0324.1.6. -->
SECTION 6. IC 20-28-8-11, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) Before February 1 of the year during which
the contract of a local director is due to expire, the managing body, or
an employee at the direction of the managing body, shall give written
notice of renewal or refusal to renew the local director's contract for the
ensuing school year.
(b) If notice is not given before February 1 of the year during which
the contract is due to expire, the contract then in force is reinstated only
for the ensuing school year.
(c) This section does not prevent the modification or termination of
a contract by mutual agreement of the local director and the managing
body. A local director's contract terminates only on the following
dates and under the following conditions:
(1) On any date, if the governing body and the local director
mutually consent.
(2) Before the expiration date set forth in the contract, if the
governing body terminates the contract for cause under a
statute that sets forth causes for dismissal of teachers.
However, the governing body must give the local director
proper notice and, if the local director requests a hearing at
least ten (10) days before the termination, must grant the local
director a hearing at an official meeting of the governing
body.
(3) On the expiration date set forth in the contract, if the
governing body not later than January 1 of the year in which
the contract expires gives notice to the local director in
writing, delivered in person or by registered mail.
(4) On the expiration date set forth in the contract, if the local
director not later than January 1 of the year in which the
contract expires gives proper notice in writing to the
governing body.
(b) If the governing body fails to give a termination notice under
subsection (a), the local director's contract is extended for twelve
(12) months following the expiration date of the contract.
SOURCE: IC 20-33-2-18; (06)IN0324.1.7. -->
SECTION 7. IC 20-33-2-18, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 18. (a) If a parent of a student does not send the
student to school because of the student's illness or mental or physical
incapacity, it is unlawful for the parent to fail or refuse to produce a
certificate of the illness or incapacity for an attendance officer a school
administrator or the school administrator's designee not later than
six (6) days after the certificate is demanded.
(b) The certificate required under this section must be signed by:
(1) an Indiana physician;
(2) an individual holding a license to practice osteopathy or
chiropractic in Indiana; or
(3) a Christian Science practitioner who resides in Indiana and is
listed in the Christian Science Journal.
SOURCE: IC 20-33-2-20; (06)IN0324.1.8. -->
SECTION 8. IC 20-33-2-20, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 20. (a) An accurate daily record of the attendance
of each student who is subject to compulsory school attendance under
this chapter shall be kept by every public and nonpublic school.
(b) In a public school, the record shall be open at all times for
inspection by:
(1) attendance officers;
(2) (1) school officials; and
(3) (2) agents of the department of labor; and
(3) agents of the department of education.
Every teacher shall answer fully all lawful inquiries made by an
attendance officer, a school official, an agent of the department of
education, or an agent of the department of labor.
(c) In a nonpublic school, the record shall be required to be kept
solely to verify the enrollment and attendance of a student upon request
of the:
(1) state superintendent; or
(2) superintendent of the school corporation in which the
nonpublic school is located.
SOURCE: IC 20-33-2-23; (06)IN0324.1.9. -->
SECTION 9. IC 20-33-2-23, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 23. (a) Each
school
attendance officer,
administrator (or the administrator's designee), sheriff, marshal,
and police officer in Indiana may take into custody any child who:
(1) is required to attend school under this chapter; and
(2) is found during school hours, unless accompanied:
(A) by a parent; or
(B) with the consent of a parent, by a relative by blood or
marriage who is at least eighteen (18) years of age;
in a public place, in a public or private conveyance, or in a place
of business open to the public.
(b) When an officer
or administrator (or administrator's
designee) takes a child into custody under this section, the officer
or
administrator (or administrator's designee) shall immediately
deliver the child to the principal of the public or nonpublic school in
which the child is enrolled. If a child is not enrolled in any school, then
the officer or administrator (or administrator's designee) shall
deliver the child into the custody of the principal of the public school
in the attendance area in which the child resides. If a child is taken to
the appropriate school and the principal is unavailable, the acting chief
administrative officer of the school shall take custody of the child.
(c) The powers conferred under this section may be exercised
without warrant and without subsequent legal proceedings.
SOURCE: IC 20-33-2-25; (06)IN0324.1.10. -->
SECTION 10. IC 20-33-2-25, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 25. The superintendent or an attendance officer a
school administrator (or the school administrator's designee)
having jurisdiction may report a child who is habitually absent from
school in violation of this chapter to an intake officer of the juvenile
court. The intake officer shall proceed in accord with IC 31-30 through
IC 31-40.
SOURCE: IC 20-33-2-26; (06)IN0324.1.11. -->
SECTION 11. IC 20-33-2-26, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 26. (a) It is the duty of each:
(1) superintendent;
(2) attendance officer; and
(3) state attendance official;
(2) school administrator (or school administrator's designee);
to enforce this chapter in their respective jurisdictions and to execute
the affidavits authorized under this section. The duty is several, and the
failure of one (1) or more to act does not excuse another official from
the obligation to enforce this chapter.
(b) An affidavit against a parent for a violation of this chapter shall
be prepared and filed in the same manner and under the procedure
prescribed for filing affidavits for the prosecution of public offenses.
(c) An affidavit under this section shall be filed in the circuit court
of the county in which the affected child resides. The prosecuting
attorney shall file and prosecute actions under this section as in other
criminal cases. The court shall promptly hear cases brought under this
section.
SOURCE: IC 20-33-2-47; (06)IN0324.1.12. -->
SECTION 12. IC 20-33-2-47, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 47. (a) A school corporation may develop and
implement a system of notifying the parent of a student when:
(1) the student fails to attend school; and
(2) the student does not have an excused absence for that day.
(b) A school corporation or an accredited nonpublic school shall
report to the local health department and the department of education
the percentage of student absences above a threshold determined by the
department by rule adopted under IC 4-22-2.
(c) If a school corporation implements a notification system under
this chapter, the attendance officer or the attendance officer's designee
school administrator (or the school administrator's designee) shall
make a reasonable effort to contact by telephone the parent of each
student who has failed to attend school and does not have an excused
absence for that day.
(d) If an attendance officer or an attendance officer's designee a
school administrator (or the school administrator's designee) has
made a reasonable effort to contact a parent under subsection (c), the
school corporation is immune from liability for any damages suffered
by the parent claimed because of failure to contact the parent.
SOURCE: IC 21-2-15-4; (06)IN0324.1.13. -->
SECTION 13. IC 21-2-15-4, AS AMENDED BY P.L.246-2005,
SECTION 189, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 4. (a) As used in this subsection,
"calendar year distribution" means the sum of:
(1) all distributions to a school corporation under:
(A) IC 6-1.1-19-1.5;
(B) IC 21-1-30;
(C) IC 21-3-1.7;
(D) IC 21-3-2.1; and
(E) IC 21-3-12;
for the calendar year; plus
(2) the school corporation's excise tax revenue (as defined in
IC 21-3-1.7-2) for the immediately preceding calendar year.
(b) A school corporation may establish a capital projects fund.
(c) With respect to any facility used or to be used by the school
corporation (other than a facility used or to be used primarily for
interscholastic or extracurricular activities, except as provided in
subsection (j)), the fund may be used to pay for the following:
(1) Planned construction, repair, replacement, or remodeling.
(2) Site acquisition.
(3) Site development.
(4) Repair, replacement, or site acquisition that is necessitated by
an emergency.
(d) The fund may be used to pay for the purchase, lease, repair, or
maintenance of equipment to be used by the school corporation (other
than vehicles to be used for any purpose and equipment to be used
primarily for interscholastic or extracurricular activities, except as
provided in subsection (j)).
(e) The fund may be used for any of the following purposes:
(1) To purchase, lease, upgrade, maintain, or repair one (1) or
more of the following:
(A) Computer hardware.
(B) Computer software.
(C) Wiring and computer networks.
(D) Communication access systems used to connect with
computer networks or electronic gateways.
(2) To pay for the services of full-time or part-time computer
maintenance employees.
(3) To conduct nonrecurring inservice technology training of
school employees.
(4) To fund the payment of advances, together with interest on the
advances, from the common school fund for educational
technology programs under IC 21-1-5.
(5) To fund the acquisition of any equipment or services
necessary:
(A) to implement the technology preparation curriculum under
IC 20-30-12;
(B) to participate in a program to provide educational
technologies, including computers, in the homes of students
(commonly referred to as "the buddy system project") under
IC 20-20-13-6, the 4R's technology program under
IC 20-20-15-4, or any other program under the educational
technology program described in IC 20-20-13; or
(C) to obtain any combination of equipment or services
described in clauses (A) and (B).
(f) The fund may be used to purchase:
(1) building sites;
(2) buildings in need of renovation;
(3) building materials; and
(4) equipment;
for the use of vocational building trades classes to construct new
buildings and to remodel existing buildings.
(g) The fund may be used for leasing or renting of existing real
estate, excluding payments authorized under IC 21-5-11 and
IC 21-5-12.
(h) The fund may be used to pay for services of the school
corporation employees that are bricklayers, stone masons, cement
masons, tile setters, glaziers, insulation workers, asbestos removers,
painters, paperhangers, drywall applicators and tapers, plasterers, pipe
fitters, roofers, structural and steel workers, metal building assemblers,
heating and air conditioning installers, welders, carpenters, electricians,
or plumbers, as these occupations are defined in the United States
Department of Labor, Employment and Training Administration,
Dictionary of Occupational Titles, Fourth Edition, Revised 1991, if:
(1) the employees perform construction of, renovation of,
remodeling of, repair of, or maintenance on the facilities and
equipment specified in subsections (b) and (c);
(2) the school corporation's total annual salary and benefits paid
by the school corporation to employees described in this
subsection are at least six hundred thousand dollars ($600,000);
and
(3) (2) the payment of the employees described in this subsection
is included as part of the proposed capital projects fund plan
described in section 5(a) of this chapter.
However, the number of employees that are covered by this subsection
is limited to the number of employee positions described in this
subsection that existed on January 1, 1993. For purposes of this
subsection, maintenance does not include janitorial or comparable
routine services normally provided in the daily operation of the
facilities or equipment.
(i) The fund may be used to pay for energy saving contracts entered
into by a school corporation under IC 36-1-12.5.
(j) Money from the fund may be used to pay for the construction,
repair, replacement, remodeling, or maintenance of a school sports
facility. However, a school corporation's expenditures in a calendar
year under this subsection may not exceed five percent (5%) of the
property tax revenues levied for the fund in the calendar year.
(k) Money from the fund may be used to carry out a plan developed
under IC 16-41-37.5.
(l) This subsection applies during the period beginning January 1,
2006, and ending December 31, 2007. Money from the fund may be
used to pay for up to one hundred percent (100%) of the following
costs of a school corporation:
(1) Utility services.
(2) Property or casualty insurance.
(3) Both utility services and property or casualty insurance.
A school corporation's expenditures under this subsection may not
exceed in 2006 two and seventy-five hundredths percent (2.75%) and
in 2007 three and five-tenths percent (3.5%) of the school corporation's
2005 calendar year distribution.
SOURCE: IC 34-30-2-85.2; (06)IN0324.1.14. -->
SECTION 14. IC 34-30-2-85.2, AS AMENDED BY P.L.1-2005,
SECTION 221, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 85.2. IC 20-33-2-47(d) (Concerning
attendance officer or officer's designee a school administrator or the
school administrator's designee for failure to contact a parent or
guardian regarding a student's absences).
SOURCE: IC 36-1-12-4; (06)IN0324.1.15. -->
SECTION 15. IC 36-1-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) This section
applies whenever the cost of a public work project will be:
(1) at least
seventy-five thousand dollars ($75,000) one hundred
fifty thousand dollars ($150,000) in:
(A) a consolidated city or second class city;
(B) a county containing a consolidated city or second class
city; or
(C) a regional water or sewage district established under
IC 13-26;
(2) at least
fifty thousand dollars ($50,000) seventy-five
thousand dollars ($75,000) in:
(A) a third class city or town with a population of more than
five thousand (5,000); or
(B) a county containing a third class city or town with a
population of more than five thousand (5,000); or
(3) at least
twenty-five thousand dollars ($25,000) fifty thousand
dollars ($50,000) in a political subdivision or an agency not
described in subdivision (1) or (2).
(b) The board must comply with the following procedure:
(1) The board shall prepare general plans and specifications
describing the kind of public work required, but shall avoid
specifications which might unduly limit competition. If the
project involves the resurfacing (as defined by IC 8-14-2-1) of a
road, street, or bridge, the specifications must show how the
weight or volume of the materials will be accurately measured
and verified.
(2) The board shall file the plans and specifications in a place
reasonably accessible to the public, which shall be specified in the
notice required by subdivision (3).
(3) Upon the filing of the plans and specifications, the board shall
publish notice in accordance with IC 5-3-1 calling for sealed
proposals for the public work needed.
(4) The notice must specify the place where the plans and
specifications are on file and the date fixed for receiving bids.
(5) The period of time between the date of the first publication
and the date of receiving bids shall be governed by the size of the
contemplated project in the discretion of the board, but it may not
be more than six (6) weeks.
(6) If the cost of a project is one hundred thousand dollars
($100,000) or more, the board shall require the bidder to submit
a financial statement, a statement of experience, a proposed plan
or plans for performing the public work, and the equipment that
the bidder has available for the performance of the public work.
The statement shall be submitted on forms prescribed by the state
board of accounts.
(7) The board may not require a bidder to submit a bid before the
meeting at which bids are to be received. The meeting for
receiving bids must be open to the public. All bids received shall
be opened publicly and read aloud at the time and place
designated and not before.
(8) Except as provided in subsection (c), the board shall:
(A) award the contract for public work or improvements to the
lowest responsible and responsive bidder; or
(B) reject all bids submitted.
(9) If the board awards the contract to a bidder other than the
lowest bidder, the board must state in the minutes or memoranda,
at the time the award is made, the factors used to determine which
bidder is the lowest responsible and responsive bidder and to
justify the award. The board shall keep a copy of the minutes or
memoranda available for public inspection.
(10) In determining whether a bidder is responsive, the board may
consider the following factors:
(A) Whether the bidder has submitted a bid or quote that
conforms in all material respects to the specifications.
(B) Whether the bidder has submitted a bid that complies
specifically with the invitation to bid and the instructions to
bidders.
(C) Whether the bidder has complied with all applicable
statutes, ordinances, resolutions, or rules pertaining to the
award of a public contract.
(11) In determining whether a bidder is a responsible bidder, the
board may consider the following factors:
(A) The ability and capacity of the bidder to perform the work.
(B) The integrity, character, and reputation of the bidder.
(C) The competence and experience of the bidder.
(12) The board shall require the bidder to submit an affidavit:
(A) that the bidder has not entered into a combination or
agreement:
(i) relative to the price to be bid by a person;
(ii) to prevent a person from bidding; or
(iii) to induce a person to refrain from bidding; and
(B) that the bidder's bid is made without reference to any other
bid.
(c) Notwithstanding subsection (b)(8), a county may award sand,
gravel, asphalt paying materials, or crushed stone contracts to more
than one (1) responsible and responsive bidder if the specifications
allow for bids to be based upon service to specific geographic areas and
the contracts are awarded by geographic area. The geographic areas do
not need to be described in the specifications.
SOURCE: IC 20-33-2-31; IC 20-33-2-32; IC 20-33-2-33; IC 20-33-
2-34; IC 20-33-2-35; IC 20-33-2-36; IC 20-33-2-37; IC 20-33-2-38;
IC 20-33-2-39; IC 20-33-2-40; IC 20-33-2-41; IC 20-33-2-42; IC 20-
33-2-43.
; (06)IN0324.1.16. -->
SECTION 16. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 20-33-2-31; IC 20-33-2-32; IC 20-33-2-33;
IC 20-33-2-34; IC 20-33-2-35; IC 20-33-2-36; IC 20-33-2-37;
IC 20-33-2-38; IC 20-33-2-39; IC 20-33-2-40; IC 20-33-2-41;
IC 20-33-2-42; IC 20-33-2-43.
SOURCE: ; (06)IN0324.1.17. -->
SECTION 17. [EFFECTIVE JULY 1, 2006] (a) As used in this
SECTION, "state board" refers to the Indiana state board of
education established by IC 20-19-2-2.
(b) The state board shall adopt rules to amend the personnel
and health services rules adopted by the state board and codified
at 511 IAC 4-1.5. The state board shall adopt rules required by this
subsection in the same manner as emergency rules are adopted
under IC 4-22-2-37.1. The rules adopted by the state board under
this subsection must allow a school corporation to enter into an
independent contract with an individual who holds at least:
(1) an associate degree or license in nursing; or
(2) a certificate or license issued by a professional
organization or by an agency of the state;
to provide student serves or health services. The rules adopted
under this subsection expire on the date the rules are adopted by
the state board under IC 4-22-2, or January 1, 2007, whichever is
earlier.
SECTION 18. [EFFECTIVE JULY 1, 2006] (a) Notwithstanding
any other law, if, as a result of an inspection of a school building
under IC 22-14-2-11, the state fire marshal, or the fire marshal's
designee, determines that there is a safety violation, a school
corporation may be allowed a reasonable time for the abatement
of the violation up to a year following the determination or the
school corporation's next budget year, whichever is earlier.
(b) The expense of the abatement may be paid out of funds
appropriated for such purposes within the next budget year
following a violation determination described under subsection (a).
SOURCE: ; (06)IN0324.1.19. -->
SECTION 19.
An emergency is declared for this act.