Introduced Version
HOUSE BILL No. 1431
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20.
Synopsis: Free textbooks. Eliminates a program that provides state
reimbursement and township assistance for costs incurred by public
schools to provide textbooks and certain other instructional material
without charge to students eligible for free or reduced price lunches or
other public assistance. Establishes a requirement that public schools
provide textbooks and certain other instructional material without
charge to all students. Provides an annual state textbook grant to public
schools to pay for the purchase and repair of textbooks and
instructional material. Requires that the revenue for the grant be
deposited in a textbook fund. Repeals authority for public schools to
engage in a public school textbook rental program and the requirement
that residents petition a school corporation to establish a school
textbook library program to provide textbooks without charge to
students. Makes conforming changes, and adds transitional provisions.
Effective: July 1, 2009.
Riecken
January 13, 2009, read first time and referred to Committee on Education.
Introduced
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1431
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 20-18-2-23.1; (09)IN1431.1.1. -->
SECTION 1. IC 20-18-2-23.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 23.1. "Textbooks and other
covered instructional material" refers to the following:
(1) Textbooks (including textbooks used in special education
and high ability classes).
(2) Workbooks and consumable textbooks (including
workbooks, consumable textbooks, and other consumable
instructional materials that are used in special education and
high ability classes) that are used by students for not more
than one (1) school year.
(3) Developmentally appropriate material used instead of
textbooks for instruction in:
(A) kindergarten through grade 3;
(B) laboratories;
(C) literature programs;
(D) special education; or
(E) gifted and talented classes.
SOURCE: IC 20-24-8-5; (09)IN1431.1.2. -->
SECTION 2. IC 20-24-8-5, AS AMENDED BY P.L.2-2006,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5. The following statutes and rules
and guidelines adopted under the following statutes apply to a charter
school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 and IC 20-28-5-9 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
IC 20-26-12-29 (prohibition on fees for reimbursable
textbooks and other covered instructional material).
(6) IC 20-28-7-14 (void teacher contract when two (2) contracts
are signed).
(7) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(8) IC 20-28-10-14 (teacher freedom of association).
(9) IC 20-28-10-17 (school counselor immunity).
(10) For conversion charter schools only, IC 20-28-6, IC 20-28-7,
IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(11) IC 20-33-2 (compulsory school attendance).
(12) IC 20-33-3 (limitations on employment of children).
(13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
due process and judicial review).
(14) IC 20-33-8-16 (firearms and deadly weapons).
(15) IC 20-34-3 (health and safety measures).
(16) IC 20-33-9 (reporting of student violations of law).
(17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
(18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, IC 20-32-8,
or any other statute, rule, or guideline related to standardized
testing (assessment programs, including remediation under the
assessment programs).
(19) IC 20-33-7 (parental access to education records).
(20) IC 20-31 (accountability for school performance and
improvement).
IC 20-40 (establishment of textbook fund).
SOURCE: IC 20-26-5-4; (09)IN1431.1.3. -->
SECTION 3. IC 20-26-5-4, AS AMENDED BY P.L.168-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. In carrying out the school purposes of a school
corporation, the governing body acting on the school corporation's
behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment.
(3) To appropriate from the school corporation's general fund an
amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based on
the school corporation's previous year's ADM, to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for
construction, erection, or maintenance of real estate, real estate
improvements, or an interest in real estate or real estate
improvements, as the governing body considers necessary for
school purposes, including buildings, parts of buildings,
additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks to and furnish textbooks without cost
or to rent textbooks to students to participate in a textbook aid
program, all in accordance with applicable law. A school
corporation may not conduct a program to rent textbooks and
other covered instructional material to students enrolled in
the school corporation.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
SOURCE: IC 20-26-11-22; (09)IN1431.1.4. -->
SECTION 4. IC 20-26-11-22, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 22. (a) The transferee corporation is entitled to
receive from the transferor corporation transfer tuition for each
transferred student for each school year calculated in two (2) parts:
(1) operating cost; and
(2) capital cost.
These costs must be allocated on a per student basis separately for each
class of school.
(b) The operating cost for each class of school must be based on the
total expenditures of the transferee corporation for the class from its
general fund expenditures as set out on the classified budget forms
prescribed by the state board of accounts, excluding from the
calculation capital outlay, debt service, costs of transportation, salaries
of board members, contracted service for legal expenses and any
expenditure that is made out of the general fund from extracurricular
account receipts, for the school year.
(c) The capital cost for each class of school must consist of the
lesser of the following alternatives:
(1) The capital cost must be based on an amount equal to five
percent (5%) of the cost of transferee corporation's physical plant,
equipment, and all items connected to the physical plant or
equipment, including:
(A) buildings, additions, and remodeling to the buildings,
excluding ordinary maintenance; and
(B) on-site and off-site improvements such as walks, sewers,
waterlines, drives, and playgrounds;
that have been paid or are obligated to be paid in the future out of
the general fund, capital projects fund, or debt service fund,
including principal and interest, lease rental payments, and funds
that were legal predecessors to these funds. If an item of the
physical plant, equipment, appurtenances, or part of the item is
more than twenty (20) years old at the beginning of the school
year, the capital cost of the item shall be disregarded in making
the capital cost computation.
(2) The capital cost must be based on the amount budgeted from
the general fund for capital outlay for physical plant, equipment,
and appurtenances and the amounts levied for the debt service
fund and the capital projects fund for the calendar year in which
the school year ends.
(d) If an item of expense or cost cannot be allocated to a class of
school, the item shall be prorated to all classes of schools on the basis
of the ADM of each class in the transferee corporation compared to the
total ADM therein.
(e) The transfer tuition for each student transferred for each school
year shall be calculated by dividing the transferee school corporation's
total operating costs and the total capital costs for the class of school
in which the student is enrolled by the ADM of students therein. If a
transferred student is enrolled in a transferee corporation for less than
the full school year, the transfer tuition shall be calculated by the
proportion of such school year for which the transferred student is
enrolled. A school year for this purpose consists of the number of days
school is in session for student attendance. A student shall be enrolled
in a transferee school, whether or not the student is in attendance,
unless the:
(1) student's residence is outside the area of students transferred
to the transferee corporation;
(2) student has been excluded or expelled from school; or
(3) student has been confirmed as a school dropout.
The transferor and transferee corporations may enter into written
agreements concerning the amount of transfer tuition. If an agreement
cannot be reached, the amount shall be determined by the state
superintendent, with costs to be established, where in dispute, by the
state board of accounts.
(f) The transferor corporation shall pay the transferee corporation,
when billed, the amount of book rental due from cost to the transferee
corporation of providing textbooks and other covered instructional
material to the transferred students, who are unable to pay the book
rental amount. The transferor corporation is entitled to collect the
amount of the book rental from the appropriate township trustee, from
its own funds, or from any other source, in the amounts and manner
provided by law. after deducting the amount of textbook
distributions made to the transferee corporation in the school year
as a result of the enrollment of the transferred students in the
transferee school corporation. Costs related to textbooks and other
covered instructional material that will be used in more than one
(1) school year must be apportioned over the useful life of the
textbooks and other covered instructional material. An amount
received by a transferee corporation must be deposited in the
transferee corporation's textbook fund.
SOURCE: IC 20-26-12-1; (09)IN1431.1.5. -->
SECTION 5. IC 20-26-12-1, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. (a) Except as provided in
subsections (b) and
(c) subsection (b) and notwithstanding any other law, each governing
body shall purchase from a contracting publisher, at a price equal to or
less than the net contract price, the textbooks adopted by the state
board and selected by the proper local officials
and shall rent these
textbooks to each student enrolled in a public school that is:
(1) in compliance with the minimum certification standards of the
board; and
(2) located within the attendance unit served by the governing
body.
to carry out this chapter.
(b) This section does not prohibit the purchase of textbooks at the
option of a student.
or the providing of free textbooks by the governing
body under sections 6 through 21 of this chapter.
(c) This section does not prohibit a governing body from suspending
the operation of this section under a contract entered into under
IC 20-26-15.
SOURCE: IC 20-26-12-2; (09)IN1431.1.6. -->
SECTION 6. IC 20-26-12-2, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) A governing body may purchase from a
contracting publisher, at a price equal to or less than the net contract
price, any textbook adopted by the state board and selected by the
proper local officials. The governing body may rent sell these textbooks
to students enrolled in any public or nonpublic school that is:
(1) in compliance with the minimum certification standards of the
state board; and
(2) located within the attendance unit served by the governing
body.
The annual rental rate may not exceed twenty-five percent (25%) of the
retail price of the textbooks.
(b) Notwithstanding subsection (a), the governing body may not
assess a rental fee of more than fifteen percent (15%) of the retail price
of a textbook that has been:
(1) adopted for usage by students under IC 20-20-5;
(2) extended for usage by students under IC 20-20-5-2; and
(3) paid for through rental fees previously collected.
(b) If a governing body sells textbooks to students who wish to
purchase textbooks, the sale price of a textbook may not exceed the
price stipulated in the contracts under which the book is purchased
by the school corporation. Money from sales to students must be
paid into the textbook fund. The power to sell textbooks under this
section does not limit a school corporation's obligation to comply
with section 29 of this chapter.
(c) This section does not limit other laws.
SOURCE: IC 20-26-12-22; (09)IN1431.1.7. -->
SECTION 7. IC 20-26-12-22, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 22. If a school corporation purchases textbooks on
a time basis:
(1) the schedule for payments shall coincide with student
payments the distribution under IC 20-43-11-3 to the school
corporation for textbook rental; textbooks; and
(2) the schedule must not require the school corporation to
assume a greater burden than payment of twenty-five percent
(25%) within thirty (30) days after the beginning of the school
year immediately following delivery by the contracting publisher
with the school corporation's promissory note evidencing the
unpaid balance.
SOURCE: IC 20-26-12-23; (09)IN1431.1.8. -->
SECTION 8. IC 20-26-12-23, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 23. (a) A school corporation may:
(1) borrow money to buy textbooks; and
(2) issue notes, maturing serially in not more than six (6) years
and payable from its general textbook fund, to secure the loan.
However, when an adoption is made by the state board for less than six
(6) years, the period for which the notes may be issued is limited to the
period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may not
borrow money to purchase textbooks unless a petition requesting such
an action and bearing the signatures of twenty-five percent (25%) of
the resident taxpayers of the school township has been presented to and
approved by the township trustee and township board.
SOURCE: IC 20-26-12-26; (09)IN1431.1.9. -->
SECTION 9. IC 20-26-12-26, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 26. If a family that purchased textbooks from
a school corporation during the school term moves during the school
term from one (1) school corporation to another within the state, the
corporation from which they move shall:
(1) evaluate the affected children's textbooks; and
(2) offer to purchase the textbooks at a reasonable price. for resale
to any family that moves into that corporation during a school
term.
SOURCE: IC 20-26-12-29; (09)IN1431.1.10. -->
SECTION 10. IC 20-26-12-29 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]:
Sec. 29. (a) The governing body of
each school corporation and each charter school shall do the
following:
(1) Purchase and maintain a sufficient number of textbooks
and other covered instructional material to meet the needs of
each student.
(2) Appropriate from a textbook fund the money necessary to
purchase textbooks and other covered instructional material
to comply with this section.
(3) Loan free of charge to each student all textbooks and other
covered instructional material prescribed for the student's
grade or classes.
(4) Prescribe guidelines for the following:
(A) The availability of textbooks and other covered
instructional material to students.
(B) The care and custody of textbooks and other covered
instructional material by students.
(C) The return of textbooks and other covered
instructional material by students.
(5) Provide facilities for the safekeeping of textbooks and
other covered instructional material.
(6) Fumigate or destroy textbooks and other covered
instructional material at the times and under regulations
prescribed by local and state health authorities or determined
by the governing body.
(b) Neither a school corporation nor a charter school may
conduct a rental program for textbooks and other covered
instructional material for a school year that begins after June 30,
2009.
SOURCE: IC 20-26-12-30; (09)IN1431.1.11. -->
SECTION 11. IC 20-26-12-30 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 30. An emancipated minor or the
parent of a student who is loaned a textbook or other instructional
material under this chapter is financially responsible for the
following according to the guidelines adopted by the school
corporation or charter school under this chapter:
(1) Wear, except for reasonable wear, on textbooks and other
covered instructional material.
(2) Loss, mutilation, or defacement of textbooks and other
covered instructional material.
(3) Failure to return textbooks and other covered
instructional material to the school corporation or charter
school upon request.
(4) Other matters concerning the use and care of textbooks
and other instructional material.
SOURCE: IC 20-33-5-3; (09)IN1431.1.12. -->
SECTION 12. IC 20-33-5-3, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3.
(a) If a parent of a child or an emancipated
minor who is enrolled in a public school, in kindergarten or grades 1
through 12, meets the financial eligibility standard under section 2 of
this chapter, the parent or the emancipated minor may not be required
to pay
the fees for school books, supplies, or other required class fees.
The fees shall be paid by the school corporation that the child attends.
(b) The school corporation may apply for a reimbursement under
section 7 of this chapter from the department of the costs incurred
under subsection (a).
(c) To the extent the reimbursement received by the school
corporation is less than the textbook rental fee assessed for textbooks
that have been adopted under IC 20-20-5-1 through IC 20-20-5-4 or
waived under IC 20-26-12-28, the school corporation may request that
the parent or emancipated minor pay the balance of this amount.
SOURCE: IC 20-33-5-5; (09)IN1431.1.13. -->
SECTION 13. IC 20-33-5-5, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 5. All school corporations must give notice in
nontechnical language and in a manner that can be reasonably expected
to reach notify parents of students before the collection of any fees. for
schoolbooks and supplies. This notice must inform the parents of the
following:
(1) The availability of assistance.
(2) The eligibility standards.
(3) The procedure for obtaining assistance, including the right and
method of appeal.
(4) The availability of application forms at a designated school
office.
SOURCE: IC 20-33-5-9; (09)IN1431.1.14. -->
SECTION 14. IC 20-33-5-9, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 9. (a) If a parent of a child or an emancipated
minor who is enrolled in an accredited nonpublic school meets the
financial eligibility standard under section 2 of this chapter, the parent
or the emancipated minor may receive a reimbursement from the
department as provided in this chapter for the costs or some of the costs
incurred by the parent or emancipated minor in fees that are
reimbursable under section 7 of this chapter. for items described in
subsection (g). The extent to which the fees are reimbursable under
this section may not exceed the percentage rates of reimbursement
under section 7 of this chapter. IC 20-43-11-2 for students in a school
corporation. In addition, if a child enrolls in an accredited nonpublic
school after the initial request for reimbursement is filed under
subsection (d), the parent of the child or the emancipated minor who
meets the financial eligibility standard may receive a reimbursement
from the department for the costs or some of the costs incurred in fees
that are reimbursable under section 7 of this chapter subsection (g) by
applying to the accredited nonpublic school for assistance. In this case,
this section applies. However, section 10 of this chapter applies to the
making of the supplemental request for reimbursement by the principal
or other designee of the accredited nonpublic school.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the state
board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to
the accredited nonpublic school. The accredited nonpublic school shall
make a determination of financial eligibility subject to appeal by the
parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for
assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the
department, the principal or other designee shall submit the
reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the
department:
(1) the number of students who are enrolled in the accredited
nonpublic school and who are eligible for assistance under this
chapter;
(2) the costs incurred in providing
(A) textbooks (including textbooks used in special education
and high ability classes); and
(B) workbooks and consumable textbooks (including
workbooks, consumable textbooks, and other consumable
teaching materials that are used in special education and high
ability classes) that are used by students for not more than one
(1) school year; textbooks and other covered instructional
material;
(3) that each textbook described in subdivision (2)(A) (2) and
included in the reimbursement request (except those textbooks
used in special education classes and high ability classes) has
been adopted by the state board under IC 20-20-5-1 through
IC 20-20-5-4 or has been waived by the state board of education
under IC 20-26-12-28;
(4) that the amount of reimbursement requested for each textbook
under subdivision (3) does not exceed twenty percent (20%) of
the costs incurred for the textbook, as provided in the textbook
adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable teaching
material used in special education and high ability classes) under
subdivision (2)(B), (2), if applicable, does not exceed one
hundred percent (100%) of the costs incurred for the workbook or
consumable textbook (or other consumable teaching material used
in special education and high ability classes);
(6) that the amount of reimbursement requested for each textbook
used in special education and high ability classes is amortized for
the number of years in which the textbook is used; and
(7) any other information required by the department, including
copies of purchase orders used to acquire consumable teaching
materials used in special education and high ability classes.
(h) If the amount of reimbursement requested before November 1
of a particular school year exceeds the amount of money appropriated
to the department for this purpose, the department shall proportionately
reduce the amount of reimbursement to each accredited nonpublic
school. An accredited nonpublic school may submit a supplemental
reimbursement request under section 10 of this chapter. The parent or
emancipated minor is entitled to receive a supplemental reimbursement
only if funds are available. The department shall proportionately reduce
the amount of supplemental reimbursement to the accredited nonpublic
schools if the amount requested exceeds the amount of money available
to the department for this purpose.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) Section 7(h) of this chapter applies to parents or emancipated
minors as described in this section.
(j) An applicant receiving other government assistance or aid
that considers educational needs in computing the entire amount
of assistance granted may not be denied assistance if the
applicant's total family income does not exceed the standards
established by this chapter.
(k) The accredited nonpublic school and the department shall
maintain complete and accurate information concerning the number of
applicants determined to be eligible for assistance under this section.
(l) The state board shall adopt rules under IC 4-22-2 to implement
this section.
SOURCE: IC 20-33-5-10; (09)IN1431.1.15. -->
SECTION 15. IC 20-33-5-10, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 10. (a) The principal or other designee of an
accredited nonpublic school may make a supplemental request for
reimbursement from the department after April 1 but before May 1 of
a school year for some or all of the additional costs incurred in fees that
are reimbursable under section 7 section 9 of this chapter by the parent
of a child or emancipated minor who enrolls in the accredited
nonpublic school after the initial request for reimbursement is filed
under section 9(f) of this chapter.
(b) In its supplemental request, the principal or other designee must
certify to the department the following:
(1) The number of additional students who enrolled in the
accredited nonpublic school as described in subsection (a).
(2) The costs incurred in providing the materials described in
section 9(g)(2) of this chapter pertaining to the number of
additional students.
(3) The same information as described in section 9(g)(3) through
9(g)(7) of this chapter as pertaining to the number of additional
students.
(c) This section applies only if there are funds available. These
supplemental distributions shall be made by the department in
accordance with section 9(h) of this chapter.
SOURCE: IC 20-33-5-14; (09)IN1431.1.16. -->
SECTION 16. IC 20-33-5-14, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 14. (a) The school textbook reimbursement
contingency fund is established to reimburse school corporations,
eligible parents of children who attend accredited nonpublic schools
and emancipated minors who attend accredited nonpublic schools as
provided in section 9 of this chapter for assistance provided under this
chapter. The fund consists of money appropriated to the fund by the
general assembly. The state superintendent shall administer the fund.
(b) The treasurer of state shall invest the money in the school
textbook reimbursement contingency fund not currently needed to meet
the obligations of the fund in the same manner as other public funds
may be invested.
SOURCE: IC 20-40-16; (09)IN1431.1.17. -->
SECTION 17. IC 20-40-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 16. Textbook Fund
Sec. 1. As used in this chapter, "fund" refers to a textbook fund
established under section 2 of this chapter.
Sec. 2. Each school corporation and charter school shall
establish a textbook fund.
Sec. 3. Money in the fund may be used only for the following
purposes:
(1) Paying interest and principal on loans obtained by the
school corporation or charter school to purchase textbooks
and other covered instructional material.
(2) Implementing IC 20-26-12, including the purchase,
storage, distribution, or repair of textbooks and other covered
instructional material.
Sec. 4. A school corporation or charter school shall deposit in
the fund the following:
(1) Distributions under IC 20-43-11-3.
(2) Receipts from sales of textbooks and other covered
instructional material.
(3) Other revenues designated for the fund.
Sec. 5. Money in the fund at the end of a school year or fiscal
year does not revert to a school general fund or any other fund and
remains available for the purposes of the textbook fund.
SOURCE: IC 20-41-1-2; (09)IN1431.1.18. -->
SECTION 18. IC 20-41-1-2, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. Any self-supporting programs
maintained by a school corporation, including
(1) school lunch, and
(2) rental or sale of textbooks;
may be established as separate funds, separate and apart from the
general fund, if no local tax rate is established for the programs.
SOURCE: IC 20-41-2-3; (09)IN1431.1.19. -->
SECTION 19. IC 20-41-2-3, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) If a school lunch fund is
established under section 1 of this chapter, or a textbook rental fund is
established under section 2 of this chapter, the receipts and
expenditures for each the school lunch program shall be made to and
from the proper school lunch fund without appropriation or the
application of other laws relating to the budgets of local governmental
units.
(b) If either a school lunch program or both programs under
sections 1 and 2 of this chapter are is operated through the
extracurricular account, the township trustee shall approve the amount
of the bond of the treasurer of the extracurricular account in an amount
the township trustee considers necessary to protect the account for all
funds coming into the hands of the treasurer.
SOURCE: IC 20-41-2-6; (09)IN1431.1.20. -->
SECTION 20. IC 20-41-2-6, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6. (a) If a school lunch fund is
established under section 4 of this chapter,
and a textbook rental fund
is established under section 5 of this chapter, the receipts and
expenditures from
a the fund
for the program to which the fund relates
shall must be made to and from the fund without appropriation or the
application of other statutes and rules relating to the budgets of
municipal corporations.
(b) If
either the
school lunch program
or textbook rental program is
handled through the extracurricular account, the governing body of the
school corporation shall approve the amount of the bond of the
treasurer of the extracurricular account in an amount the governing
body considers sufficient to protect the account for all funds coming
into the hands of the treasurer of the account.
SOURCE: IC 20-42-3-10; (09)IN1431.1.21. -->
SECTION 21. IC 20-42-3-10, AS AMENDED BY P.L.3-2008,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 10. The trustee, with the advice and
consent of the township board, shall use the account for the following
educational purposes:
(1) Each year the trustee shall pay to the parent or legal guardian
of any child whose residence is within the township, the initial
cost for the rental of textbooks used in any elementary or
secondary school that has been accredited by the state. The
reimbursement for the rental of textbooks shall be for the initial
yearly rental charge only. Textbooks subsequently lost or
destroyed may not be paid for from this account.
(2) (1) Students who are residents of the township for the last two
(2) years of their secondary education and who still reside within
the township are entitled to receive financial assistance in an
amount not to exceed an amount determined by the trustee and
the township board during an annual review of postsecondary
education fees and tuition costs of education at any accredited
postsecondary educational institution. Amounts to be paid to each
eligible student shall be set annually after this review. The
amount paid each year must be:
(A) equitable for every eligible student without regard to race,
religion, creed, sex, disability, or national origin; and
(B) based on the number of students and the amount of funds
available each year.
(3) (2) A person who has been a permanent resident of the
township continuously for at least two (2) years and who needs
educational assistance for job training or retraining may apply to
the trustee of the township for financial assistance. The trustee
and the township board shall review each application and make
assistance available according to the need of each applicant and
the availability of funds.
(4) (3) If all the available funds are not used in any one (1) year,
the unused funds shall be retained in the account by the trustee for
use in succeeding years.
SOURCE: IC 20-43-1-26.1; (09)IN1431.1.22. -->
SECTION 22. IC 20-43-1-26.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 26.1. "Textbook grant" refers to
the amount determined under IC 20-43-11-2.
SOURCE: IC 20-43-2-3; (09)IN1431.1.23. -->
SECTION 23. IC 20-43-2-3, AS AMENDED BY P.L.3-2008,
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. If the total amount to be
distributed:
(1) as basic tuition support;
(2) for academic honors diploma awards;
(3) for primetime distributions;
(4) for special education grants; and
(5) for career and technical education grants; and
(6) for textbook grants;
for a particular year exceeds the maximum state distribution for a
calendar year, the amount to be distributed for state tuition support
under this article to each school corporation during each of the last six
(6) months of the year shall be proportionately reduced so that the total
reductions equal the amount of the excess.
SOURCE: IC 20-43-11; (09)IN1431.1.24. -->
SECTION 24. IC 20-43-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 11. Textbook Grants
Sec. 1. In addition to a basic tuition support distribution, a
school corporation is eligible for the grants provided under this
chapter.
Sec. 2. A school corporation's textbook grant for a calendar year
is the amount equal to the school corporation's ADM for the
calendar year multiplied by one hundred five dollars ($105).
Sec. 3. The distribution received under this chapter shall be
deposited in a textbook fund and used only for the purposes
specified in IC 20-40-16-3.
SOURCE: IC 20-26-12-6; IC 20-26-12-7; IC 20-26-12-8; IC 20-26-
12-9; IC 20-26-12-10; IC 20-26-12-11; IC 20-26-12-12; IC 20-26-12-
13; IC 20-26-12-14; IC 20-26-12-15; IC 20-26-12-16; IC 20-26-12-
17; IC 20-26-12-18; IC 20-26-12-19; IC 20-26-12-20; IC 20-26-12-
21; IC 20-33-5-7; IC 20-33-5-8; IC 20-40-9-7; IC 20-41-2-2; IC 20-
41-2-5.
; (09)IN1431.1.25. -->
SECTION 25. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2009]: IC 20-26-12-6; IC 20-26-12-7; IC 20-26-12-8;
IC 20-26-12-9; IC 20-26-12-10; IC 20-26-12-11; IC 20-26-12-12;
IC 20-26-12-13; IC 20-26-12-14; IC 20-26-12-15; IC 20-26-12-16;
IC 20-26-12-17; IC 20-26-12-18; IC 20-26-12-19; IC 20-26-12-20;
IC 20-26-12-21; IC 20-33-5-7; IC 20-33-5-8; IC 20-40-9-7;
IC 20-41-2-2; IC 20-41-2-5.
SOURCE: ; (09)IN1431.1.26. -->
SECTION 26. [EFFECTIVE JULY 1, 2009]
(a) A school
corporation or charter school may not conduct a textbook rental
program for a school year beginning after June 30, 2009.
(b) On July 1, 2009, a school corporation or charter school shall
transfer any unencumbered money in any fund or account used for
textbook rental fees to the textbook fund established under
IC 20-40-16, as added by this act. The money transferred under
this SECTION may be used for any purpose for which other money
in the textbook fund may be used.
(c) Notwithstanding IC 20-43-11, as added by this act, and
subject to subsection (d), a school corporation or charter school is
entitled in 2009 to only fifty percent (50%) of the amount of the
textbook grant specified in IC 20-43-11-2, as added by this act, to
be distributed in six (6) monthly installments.
(d) Notwithstanding IC 20-43-11, for 2009 only, a school
corporation that operated an elementary school library or a high
school library under IC 20-26-12-6 through IC 20-26-12-21 (as
effective on June 30, 2009, before their repeal by this act) to
provide free textbooks to resident students is not entitled to receive
a textbook grant under IC 20-43-11-3, as added by this act.
(e) This SECTION expires January 1, 2011.
SOURCE: ; (09)IN1431.1.27. -->
SECTION 27. [EFFECTIVE JULY 1, 2009]
(a) The department
of local government finance shall reduce the:
(1) maximum permissible ad valorem property tax levy
imposed by IC 6-1.1-18.5-3; and
(2) township assistance levy;
of each township to reflect the effect of this act on the obligation of
township trustees to pay school fees under IC 20-33-5-12 in
extraordinary circumstances.
(b) On July 1, 2009, a township trustee shall distribute a part of
any unencumbered money in a textbook rental fund established
under IC 20-41-2-5 (before its repeal by this act) to each school
corporation whose district includes part of the township. The
amount of the distribution to which a school corporation is entitled
under this subsection is determined under STEP FOUR of the
following formula:
STEP ONE: Determine the number of students that have legal
settlement under IC 20-26-11 in the geographic area within
the intersection of:
(A) the school corporation's district; and
(B) the township.
STEP TWO: Determine the total number of students that
have legal settlement under IC 20-26-11 in the township.
STEP THREE: Divide the STEP ONE result by the STEP
TWO result.
STEP FOUR: Multiply the total amount of any
unencumbered money in the textbook rental fund established
under IC 20-41-2-5 (before its repeal by this act) by the STEP
THREE result.
A school corporation that receives money distributed under this
subsection shall deposit the money in the school corporation's
textbook fund established under IC 20-40-16, as added by this act.
The money distributed under this SECTION may be used for any
purpose for which other money in the textbook fund may be used.
(c) Any loan:
(1) obtained to purchase textbooks and other covered
instructional material (as defined in IC 20-18-2-23.1, as added
by this act); and
(2) payable from a school general fund before July 1, 2009;
shall be paid from the textbook fund after June 30, 2009.
(d) This SECTION expires January 1, 2011.