Bill Text: IN SB0280 | 2012 | Regular Session | Engrossed
Bill Title: School finance.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Enrolled - Dead) 2012-03-05 - House advisors appointed: Cherry, Dermody, Behning and Kersey [SB0280 Detail]
Download: Indiana-2012-SB0280-Engrossed.html
Citations Affected: IC 5-2; IC 20-18; IC 20-20; IC 20-23; IC 20-24;
IC 20-24.5; IC 20-25; IC 20-26; IC 20-29; IC 20-33; IC 20-40;
IC 20-43; IC 20-45; IC 20-49; IC 20-51; IC 21-7; IC 21-43; noncode.
(HOUSE SPONSORS _ THOMPSON, GOODIN)
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.
January 31, 2012, engrossed. Read third time, passed. Yeas 50, nays 0.
February 9, 2012, read first time and referred to Committee on Ways and Means.
February 23, 2012, amended, reported _ Do Pass.
February 27, 2012, read second time, amended, ordered engrossed.
Digest Continued
education grants. Provides special procedures for the distribution of state tuition support to a school corporation or charter school in the first year the school commences operations, any school corporation or charter school that adds a grade, and any school corporation or charter school that experiences a student population increase of at least 10%. Makes related changes in various calculations to reflect the change in counting procedure. Requires state tuition support distributions to be made every month rather than every 40 days. Defines the terms "enrolled" and "attending" for purposes of the tuition support formula. Makes technical corrections. Repeals the charter school start-up grant and operating advances programs.
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
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
(b) The members of the commission are as follows:
(1) The school safety specialist for each school corporation located in whole or in part in the county.
(2) The judge of the court having juvenile jurisdiction in the county or the judge's designee.
(3) The sheriff of the county or the sheriff's designee.
(4) The chief officer of every other law enforcement agency in the county, or the chief officer's designee.
(5) A representative of the juvenile probation system, appointed by the judge described under subdivision (2).
(6) Representatives of community agencies that work with children within the county.
(7) A representative of the Indiana state police district that serves
the county.
(8) A representative of the Prosecuting Attorneys Council of
Indiana who specializes in the prosecution of juveniles.
(9) Other appropriate individuals selected by the commission.
(c) If a commission is established, the school safety specialist of the
school corporation having the largest ADM (as defined in
IC 20-18-2-2), as determined in the fall count of ADM in the school
year ending in the current calendar year, in the county shall convene
the initial meeting of the commission.
(d) The members shall annually elect a chairperson.
(e) A commission shall perform the following duties:
(1) Perform a cumulative analysis of school safety needs within
the county.
(2) Coordinate and make recommendations for the following:
(A) Prevention of juvenile offenses and improving the
reporting of juvenile offenses within the schools.
(B) Proposals for identifying and assessing children who are
at high risk of becoming juvenile offenders.
(C) Methods to meet the educational needs of children who
have been detained as juvenile offenders.
(D) Methods to improve communications among agencies that
work with children.
(E) Methods to improve security and emergency preparedness.
(F) Additional equipment or personnel that are necessary to
carry out safety plans.
(G) Any other topic the commission considers necessary to
improve school safety within the school corporations within
the commission's jurisdiction.
(3) Provide assistance to the school safety specialists on the
commission in developing and requesting grants for safety plans.
(4) Provide assistance to the school safety specialists on the
commission and the participating school corporations in
developing and requesting grants for school safe haven programs
under section 7 of this chapter.
(5) Assist each participating school corporation in carrying out
the school corporation's safety plans.
(f) The affirmative votes of a majority of the voting members of the
commission are required for the commission to take action on a
measure.
IC 20-43-1-6. except as otherwise provided by law, refers to the fall
count of eligible pupils under IC 20-43-4-3 conducted in the school
year ending in the current calendar year.
(1) a calendar year ending before January 1, 2013, in the fall count of students in the school year ending in the current calendar year; and
(2) a calendar year ending after December 31, 2012, in the spring count of students in the school year ending in the current calendar year.
The amount is one hundred dollars ($100). However, for the purposes of determining the current ADM of a school corporation, students who are transferred under IC 20-33-4 or IC 20-26-11 shall be counted as students having legal settlement in the transferee corporation and not having legal settlement in the transferor corporation.
and the Indiana School for the Deaf established by IC 20-22-2-1 shall
be considered to have the lowest assessed valuation for property tax
purposes per student in current ADM during the six (6) year period
beginning July 1, 2001.
(b) The department must prepare a revised list under subsection (a)
before a new series of grants may begin.
(c) The department shall determine those school corporations to be
placed in a group to receive a grant in a fiscal year under sections 13
through 24 of this chapter as follows:
(1) Beginning with the school corporation that is first on the list
developed under subsection (a), the department shall continue
sequentially through the list and place school corporations that
qualify for a grant under section 15 of this chapter in a group until
the cumulative total current ADM of all school corporations in
the group depletes the money that is available for grants in the
fiscal year.
(2) Each fiscal year the department shall develop a new group by
continuing sequentially through the list beginning with the first
qualifying school corporation on the list that was not placed in a
group in the prior fiscal year.
(3) If the final group developed from the list contains substantially
fewer students in current ADM than available money, the
department shall:
(A) prepare a revised list of school corporations under
subsection (a); and
(B) place in the group qualifying school corporations from the
top of the revised list.
(4) The department shall label the groups with sequential
numbers beginning with "group one".
(b) As used in this section, "school township" means a school township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the township trustee and the township board under subsection (g);
had
township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township
trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school district
created under this section shall have the same boundaries as the school
township. After a district has been created under this section, the
school township that preceded the metropolitan school district is
abolished. The procedures or provisions governing the creation of a
metropolitan school district under another section of this chapter do not
apply to the creation of a district under this section. After a
metropolitan school district is created under this section, the district
shall, except as otherwise provided in this section, be governed by and
operate in accordance with this chapter governing the operation of a
metropolitan school district as established under section 2 of this
chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of the
township board shall adopt a resolution that a metropolitan school
district shall be created in the school township. The township
trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a newspaper
of general circulation published in the school township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) publications one (1) week apart in a newspaper of
general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice, the
polls shall be opened at the usual voting places in the various precincts
in the school township for the purpose of taking the vote of the
registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the
school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the township
board and recorded with the county recorder. If the special election is
not conducted at a primary or general election, the school township
shall pay the expense of holding the election out of the school general
fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption of
the confirming resolution under subsection (f) or an election held under
subsection (h). If a public official fails to do the official's duty within
the time prescribed in this section, the failure does not invalidate the
proceedings taken under this section. An action to contest the validity
of the creation of a metropolitan school district under this section or to
enjoin the operation of a metropolitan school district may not be
instituted later than the thirtieth day following the date of the adoption
of the confirming resolution under subsection (f) or of the election held
under subsection (h). Except as provided in this section, an election
under this subsection may not be held sooner than twelve (12) months
after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5) members.
The township trustee and the township board members are ex officio
members of the first board, subject to the laws concerning length of
their respective terms of office, manner of election or appointment, and
the filling of vacancies applicable to their respective offices. The ex
officio members serve without compensation or reimbursement for
expenses, other than that which they may receive from their respective
offices. The township board shall, by a resolution recorded in its
records, appoint the fifth member of the metropolitan board of
education. The fifth member shall meet the qualifications of a member
of a metropolitan board of education under this chapter, with the
exception of the board member district requirements provided in
sections 4, 5, and 8.1 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected, on
a date established by the township board in the resolution in which it
appoints the fifth board member. The first board shall serve until
January 1 following the election of a metropolitan school board at the
first general election held more than sixty (60) days following the
creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
(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)
(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:
(A) for students with disabilities; or
(B) for staff services for students with disabilities;
enrolled in the conversion charter school; and
for the second six (6) months of the calendar 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 of the
calendar year in which the conversion charter school is established.
(c) This subsection applies during the second six (6) months of the
calendar 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).
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; divided by
(ii) two (2).
(b) This subsection applies to a sponsor that is a state educational institution described in
(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.
(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
STEP ONE: Determine the result of:
(A) the amount of state tuition support that the school corporation is eligible to receive in the
(B) the
STEP TWO: Determine the result of:
(A) the amount of state tuition support that the conversion charter school is eligible to receive in the
(B) the
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
(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
(1) First, to the common school loan fund to repay any existing obligations of the charter school under IC 20-49-7 (repealed) or IC 20-49-5-7.
(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 (repealed) or IC 20-49-5-7, the state shall repay any remaining obligations of the charter school under IC 20-49-7 (repealed) or IC 20-49-5-7 from the amount appropriated for state tuition support distributions.
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b)
(1) the product of:
(A) the number of students included in the virtual charter
school's current ADM; multiplied by
(B) the result of:
(i) eighty-seven and five-tenths percent (87.5%) of the
school's foundation amount determined under IC 20-43-5-4;
divided by
(ii) twelve (12); plus
(2) the total of any special education grants under IC 20-43-7 to
which the virtual charter school is entitled for the month.
After December 31, 2011, For state fiscal years beginning after June
30, 2012, 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) The department shall adopt rules under IC 4-22-2 to govern the
operation of virtual charter schools.
(e) 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) 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 fall count of ADM count for conducted in
the previous school year.
(g) In the second six (6) months of calendar year 2012, a virtual
charter school is eligible to receive a fiscal year transition grant
under IC 20-43-13.
(1) is operated without an agreement; and
(2) has an ADM in the fall count of a school year of not more than seven hundred fifty (750);
must be treated as a charter school for purposes of funding under IC 20-20-33 and IC 20-43.
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law. However, a governing body may not use funds received from the state to bring or join in an action against the state, unless the governing body is challenging an adverse decision by a state agency, board, or commission.
(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 ADM of the previous
(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 that are consistent with
IC 20-28-9-1.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1.
(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 furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. In accordance with IC 20-26-17, to:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(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.
(1) a nonprofit corporation that operates a federally approved education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are certified by the department;
(C) employs other professionally and state licensed staff as appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a public school in that school corporation and have been found to have an emotional disturbance;
(ii) have been placed with the nonprofit corporation by court order;
(iii) have been referred by a local health department;
(iv) have been placed in a state licensed private or public health care or child care facility as described in section 8 of this chapter; or
(v) have been placed by or with the consent of the department under IC 20-35-6-2;
in order to provide a student with an individualized education program that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters into an agreement as described in subsection (a), the school corporation shall pay to the nonprofit corporation an amount agreed upon that may not exceed the total of:
(1) the transfer tuition costs for the student that otherwise would be payable to the transferee corporation; and
(2) a proportionate amount of any state or local distributions to the transferee corporation that are computed in any part using current ADM or any other student count in which the student is included, if the transferee corporation includes the student in the transferee corporation's current ADM for
corporation.
(c) If a school corporation that is a transferor corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon, which
may not exceed the total of:
(1) the transfer tuition costs that otherwise would be payable to a
transferee school corporation; and
(2) a proportionate amount of any state or local distributions to
the transferor corporation that are computed in any part using
current ADM or any other student count in which the student is
included, if the transferor corporation includes the student in the
transferor corporation's ADM for a school year. the period in
which the student is being educated by the nonprofit
corporation.
(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 current 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 during a period; by
(2) the current ADM of the transferee school for the school year
that ends in the calendar year period in which the revenues are
received.
However, for state tuition support distributions or any other state
distribution computed using less than the total current 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 during the period 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.
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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, as determined
in the fall count of ADM in the school year, compared to the total
current ADM therein, as determined in the fall count of ADM in the
school year.
(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, as
determined in the fall count of ADM in the school year. 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 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.
(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 state fiscal year under law.
(3) A grant or grants in the calendar 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.
(b) A school corporation in which a student had legal settlement for at least two (2) consecutive years as described in subsection (a):
(1) shall allow the student to attend an appropriate school within the school corporation in which the student formerly resided;
(2) may not request the payment of transfer tuition for the student from the school corporation in which the student currently resides and has legal settlement or from the student's parent; and
(3) shall include the student in the school corporation's current ADM;
if the principal and superintendent in both school corporations jointly agree to enroll the student in the school.
(c) If a student enrolls under this section in a school described in subsection (b)(1), the student's parent must provide for the student's transportation to school.
(d) A student to whom this section applies may not enroll primarily for athletic reasons in a school in a school corporation in which the student does not have legal settlement. However, a decision to allow a student to enroll in a school corporation in which the student does not have legal settlement is not considered a determination that the student did not enroll primarily for athletic reasons.
(b) Within thirty (30) days after the date of the
(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
STEP ONE: Determine the amount appropriated to make reimbursements under this chapter for the state fiscal 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 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
determined for the calendar year using the fall count of ADM for the school corporation in the school year ending in the calendar year.
(1) for previous state fiscal years ending before July 1, 2013, the
(2) for previous state fiscal years ending after June 30, 2013, the corresponding current ADM count taken in the same month as the current count.
(1) for distributions made under this article before July 1, 2013, the
(2) for distributions made under this article after June 30, 2013, the:
(A) fall count of ADM for distributions in the months of January through June of the calendar year immediately following the calendar year in which the fall count is taken; and
(B) the spring count of ADM for distributions in the months of July through December of the calendar year in which the spring count is taken.
(1) registered with a school corporation to attend educational programs offered by or through the school corporation; and
(2) attending these educational programs or receiving educational services.
(1) a school corporation other than a virtual charter school in any
(2) a virtual charter school in any
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, notwithstanding
P.L.229-2011, SECTION 9, 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; each month; and
(3) the total of the payments in each calendar state fiscal year
year must equal the amount required under this article.
(1) as basic tuition support;
(2) for honors diploma awards;
(3) for primetime distributions;
(4) for special education grants;
(5) for career and technical education grants;
(6) for choice scholarships;
(7) for Mitch Daniels early graduation scholarships;
(8) for a fiscal year transition grant under IC 20-43-13; and
(9) for a school corporation estimated distribution grant under IC 20-43-4-3.5 and IC 20-43-4-9.
for a particular state fiscal year exceeds the
year shall be proportionately reduced so that the total reductions equal
the amount of the excess.
(b) The following is the intent of the general assembly:
(1) The distributions for state tuition support 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 state tuition support 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 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.
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) 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.
(1) the school corporation; or
(2) a transferee corporation;
on
SECTION 166, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. (a) Subject to subsection (b),
the initial day of the state board shall make an ADM count must fall:
of the eligible pupils enrolled in each school corporation two (2)
times each within the first thirty (30) days of the school year, with one
(1) count date occurring in each of the following periods:
(1) The fall count of ADM shall be made on a day fixed by the
state board during September.
(2) The spring count of ADM shall be made on a day fixed by
the state board during February.
(b) 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 a 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.
(1) In the initial year in which the school corporation begins operation.
(2) In the year in which a school year begins in which the school corporation adds another grade.
(3) In a year in which a school year begins in which the school corporation estimates the fall count of ADM will exceed the immediately preceding fall count of ADM by at least ten percent (10%).
(b) A school corporation shall submit to the department an estimated count of eligible pupils in the form and on the schedule specified by the state board. The count must estimate as accurately as possible the anticipated number of eligible pupils who are likely to be included in the school corporation's fall count of ADM for the school year beginning in the calendar year.
(c) Using the estimates submitted by the school corporation and any other information available to the state board, the state board
shall estimate the number of eligible pupils who are likely to be
included in the fall ADM count of the school corporation in the
school year beginning in the calendar year. The state board may
adjust the estimate provided by a school corporation as the state
board determines necessary.
(d) After the fall count of ADM, the state board shall adjust the
estimated count of ADM under this section to reflect the actual
count of eligible pupils determined in the fall count. If the state
board adjusts the fall count under section 2 of this chapter, the
state board shall make the same adjustment to the estimated count.
(1) before December 2 of that same year; and
(2) before April 2 of the following calendar year;
make an adjusted count of students enrolled in programs for children with disabilities The state superintendent shall certify the December adjusted count to the budget committee before February 5 of the following year and the April adjusted count not later than May 31 immediately after the date of the April adjusted count. The state board may adjust the school's count of students enrolled in programs for children with disabilities if the state board determines that the count is unrepresentative of the school corporation's enrollment.
(b) The department shall distribute special education grants under IC 20-43-7 using only the count specified in IC 20-43-7-1.
(1) is enrolled in a public school and a nonpublic school;
(2) has legal settlement in a school corporation; and
(3) receives instructional services from the school corporation.
(b) For purposes of this section, full-time equivalency is calculated as follows:
STEP ONE: Determine the result of:
(A) the number of days instructional services will be provided to the pupil, not to exceed one hundred eighty (180); divided by
(B) one hundred eighty (180).
STEP TWO: Determine the result of:
(A) the pupil's public school instructional time (as defined in IC 20-30-2-1); divided by
(B) the actual public school regular instructional day (as defined in IC 20-30-2-2).
STEP THREE: Determine the result of:
(A) the STEP ONE result; multiplied by
(B) the STEP TWO result.
STEP FOUR: Determine the lesser of one (1) or the result of:
(A) the STEP THREE result; multiplied by
(B) one and five hundredths (1.05).
However, the state board may, by rule adopted under IC 4-22-2, specify an equivalent formula if the state board determines that the equivalent formula would more accurately reflect the instructional services provided by a school corporation during a period that a particular ADM count is in effect for the school corporation.
(1) made before January 1, 2013; and
(2) based on the current ADM of a school corporation.
The fall count of ADM for the school year ending June 30, 2012, as adjusted by the state board under section 2 of this chapter, shall be used to compute state tuition support distributions.
(b) Subject to subsection (c), this subsection applies to the calculation of state tuition support distributions that are:
(1) made after December 31, 2012; and
(2) based on the current ADM of a school corporation.
The fall count of ADM for the school year ending in the current calendar year, as adjusted by the state board under section 2 of this chapter, shall be used to compute state tuition support distributions made in the first six (6) months of the following calendar year, and the spring count of ADM for the school year ending in the current calendar year, as adjusted by the state board under section 2 of this chapter, shall be used to compute state tuition support distributions made in the second six (6) months of
the calendar year.
(c) This subsection applies only to the calculation of basic tuition
support distributions to a school corporation, including a
conversion charter school or other charter school, for the first six
(6) months of a school year that begins in the year if section 3.5(a)
of this chapter applies to the school corporation in the year. A
school corporation is entitled to a distribution of basic tuition
support in conformity with this subsection for the first six (6)
months of a school year that begins in a year to which section 3.5(a)
of this chapter applies. The count of students made under section
3.5 of this chapter, as subsequently adjusted under section 3.5 of
this chapter, shall be treated as the current ADM of the school
corporation for the calculation of the school corporation's basic
tuition support for that period. However, distributions to the
school corporation shall not begin until after the first day the
school corporation conducts regular classes, as determined by the
department. The amount withheld for the school corporation
before that date shall be paid to the school corporation on a
schedule determined under subsection (d).
(d) If the state board adjusts a count of ADM after a
distribution is made under this article, the adjusted count
retroactively applies to the amount of state tuition support
distributed to a school corporation affected by the adjusted count.
The department shall settle any overpayment or underpayment of
state tuition support resulting from an adjusted count of ADM on
the schedule determined by the department.
(1) The school corporation's complexity index for the
(2) The school corporation's foundation amount for the
(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.
STEP ONE: The STEP ONE amount is:
(A) in 2012, four thousand two hundred eighty dollars ($4,280); and
(B) in 2013, four thousand four hundred five dollars ($4,405).
STEP TWO: Multiply the STEP ONE amount by the school corporation's complexity index.
STEP THREE: Determine the sum of the STEP TWO amount and the following:
(A) Zero dollars ($0), if the school corporation's current ADM is less than five hundred (500).
(B) One hundred fifty dollars ($150), if the school corporation's current ADM is at least five hundred (500) and is not more than one thousand (1,000).
(C) The result of one hundred fifty thousand dollars ($150,000) divided by the school corporation's current ADM, if the school corporation's current ADM is more than one thousand (1,000).
(1) the school corporation's previous year revenue; divided by
(2) the school corporation's
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
(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
(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.
(1) the school corporation's transition to foundation amount for the
(2) the school corporation's current ADM.
(1) the school corporation's transition to foundation revenue for the
(2) the school corporation's current adjusted ADM.
(b) The school corporation's basic tuition support for a
(1) the school corporation's transition to foundation revenue;
(2) twelve (12).
(c) This subsection applies to students of a virtual charter school. A virtual charter school's basic tuition support for a
students is the amount determined under IC 20-24-7-13.
(1) the school corporation; or
(2) a transferee corporation.
(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.
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).
(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
(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.
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).
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 current 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 month multiplied by
seventy-five hundredths (0.75); nine (9); divided by
(B) the school corporation's current ADM.
STEP FOUR: Determine the result of:
(A) the STEP THREE result; multiplied by
(B) the current 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 (0).
(A) for 2012, fifty percent (50%) of the school corporation's
guaranteed primetime amount; or
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
(i) the STEP EIGHT amount; or
(ii) the amount the school corporation received under this chapter for the previous
(B) If the amount the school corporation received under this chapter in the previous
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
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
(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.
Chapter 13. Fiscal Year Transition Grant
Sec. 1. This chapter applies to all school corporations, including virtual charter schools.
Sec. 2. A school corporation's grant under this chapter for the period after June 30, 2012, and before January 1, 2013 is determined by the following formula:
STEP ONE: Determine the sum of the school corporation's state tuition support (excluding the grant under this chapter) actually received for the first six (6) months of calendar year 2012.
STEP TWO: Determine the sum of the school corporation's state tuition support (excluding the grant under this chapter) for the second six (6) months of calendar year 2012.
STEP THREE: Determine the greater of zero (0) or the difference of the STEP ONE amount minus the STEP TWO amount.
(1) the consolidated ADA ratio of the qualified school corporations;
(2) the number of pupils in current ADM of each qualified school corporation for the immediately preceding school year, as determined:
(A) for a calendar year ending before January 1, 2013, in the fall count of ADM for the school year ending in the calendar year; and
(B) for a calendar year ending after December 31, 2012, in the spring count of ADM for the school year ending in the calendar year; and
(3) an estimate of these statistics for the succeeding school year.
SECTION 168, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 26. The entitlement of each
qualified school corporation from the fund for each calendar year is the
greater of:
(1) the amount of its entitlement for calendar year 2000 from the
tax levied under this chapter; or
(2) an amount equal to twenty-seven dollars and fifty cents
($27.50) times its current ADM as determined in the fall count
of ADM conducted in the school year ending in the current
calendar year.
(1) for a calendar year ending before January 1, 2013, the fall count of ADM in grades 1 through 12 residing in each qualified school corporation for the
(2) for a calendar year ending after December 31, 2012, the spring count of ADM in grades 1 through 12 residing in each qualified school corporation for the school year ending in the calendar year.
(b) Upon the receipt of the information, the county auditor shall compute the amount to be distributed to each of the qualified school corporations from the receipts of the tax levy, based on the formula set forth in this chapter.
(c) The county auditor shall annually issue a warrant to the county treasurer ordering the payment to the respective qualified school corporations the various amounts in the fund at each semiannual tax settlement period during the year in which the tax has been collected.
(d) The qualified school corporations and the proper officials and employees of the qualified school corporations shall receive the receipts distributed by the county treasurer in the same manner as other tax receipts are received.
(b) The amount is the total of the entitlements of all qualified school
corporations.
(c) The entitlement of each qualified school corporation calculated
in a calendar year is an amount equal to the result determined under
STEP TWO of the following formula:
STEP ONE: Calculate the quotient of:
(A) the total amount deposited in the fund in calendar year
1979 or the first year in which a deposit was made, whichever
is later; divided by
(B) for:
(i) a calendar year ending before January 1, 2013, the
total ADM of the immediately preceding school year of
qualified school corporations that received money from the
fund in 1979, as determined in the fall count of ADM for
the school year ending in the immediately preceding
calendar year; and
(ii) a calendar year beginning after December 31, 2012,
the total ADM of the immediately preceding school year
of qualified school corporations that received money
from the fund in 1979, as determined in the spring count
of ADM for the school year ending in the immediately
preceding calendar year.
STEP TWO: Calculate the product of:
(A) the STEP ONE result; multiplied by
(B) for:
(i) a calendar year ending before January 1, 2013, the
ADM of the immediately preceding school year of the
qualified school corporation that received money from the
fund in 1979, as determined in the fall count of ADM for
the school year ending in the immediately preceding
calendar year; and
(ii) a calendar year beginning after December 31, 2012,
the total ADM of the immediately preceding school year
of qualified school corporations that received money
from the fund in 1979, as determined in the spring count
of ADM for the school year ending in the immediately
preceding calendar year.
(1) to school corporations, including school townships, under IC 20-49-4 and IC 20-49-5; and
(2) under IC 20-49-6.
(1) that sustained a loss from a disaster;
(2) whose adjusted assessed valuation (as determined under IC 6-1.1-34-8) per current ADM is within the lowest forty percent (40%) of the assessed valuation per current ADM when compared with all school corporation adjusted assessed valuation (as adjusted (if applicable) under IC 6-1.1-34-8) per current ADM; or
(3) with an advance under this chapter outstanding on July 1, 1993, that bears interest of at least seven and one-half percent (7.5%).
The term does not include facilities used or to be used primarily for interscholastic or extracurricular activities.
(1) July 1, 2011; and
(2) July 1, 2012;
notwithstanding contrary terms in the charter school and state board advance agreement.
(b) The repayment term of the advance shall be extended by two (2) years to provide for the waiver described in subsection (a) even though it may make the repayment term for the advance longer than twenty (20) years.
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 would be
eligible to receive under IC 20-43 for the calendar year in which
the current school year begins if:
(A) for a calendar year ending before January 1, 2013, the
fall count of eligible students conducted in the school
corporation in the school year ending in the calendar year
were used to compute the state tuition support distribution
to the school corporation for the entire calendar year; and
(B) for a calendar year beginning after December 31, 2012,
the spring count of eligible students conducted in the
school corporation in the school year ending in the
calendar year were used to compute the state tuition
support distribution to the school corporation for the
entire calendar year;
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 year used in STEP TWO.
(1) at an Ivy Tech Community College site; and
(2) by a student for whom Ivy Tech Community College has waived tuition under this chapter or IC 21-14-8.
The school corporation in which the student described in subdivision (2) resides shall pay the individual's tuition to Ivy Tech Community College for each
(1) at least nineteen (19) years of age and not enrolled in a high school; or
(2) at least seventeen (17) years of age and have consent from the high school the individual attended most recently.
(b) The school corporation in which an individual described in this subdivision has legal settlement shall pay the individual's costs for high school level courses taken at Ivy Tech Community College during each
(1) at least nineteen (19) years of age and not enrolled in a high school; or
(2) at least seventeen (17) years of age and have consent from the high school the individual attended most recently.
(b) The school corporation in which an individual described in this subdivision has legal settlement shall pay the individual's tuition for high school level courses taken at Vincennes University during each
(1) at least nineteen (19) years of age and not enrolled in a school corporation; or
(2) at least seventeen (17) years of age and have consent from the high school the individual attended most recently.
(b) The school corporation in which an individual to whom this subdivision applies resides shall pay the individual's tuition for high school level courses taken at the state educational institution during each
(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.
(b) This SECTION expires July 1, 2013.
