Bill Text: IN HB1427 | 2013 | Regular Session | Enrolled
Bill Title: Various education matters.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-05-13 - Public Law 286 [HB1427 Detail]
Download: Indiana-2013-HB1427-Enrolled.html
Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
(1) The certified school to career program and grants under IC 22-4.1-8.
(2) The certified internship program and grants under IC 22-4.1-7.
(3) The Indiana economic development partnership fund under IC 4-12-10.
(4) Minority training program grants under IC 22-4-18.1-11.
SECTION 2. IC 4-13-1.6-3, AS AMENDED BY P.L.73-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) As used in this chapter, "major equipment
item" refers to any item that a school corporation considers:
(1) a significant equipment purchase; and
(2) reasonably likely to be purchased by several school
corporations.
(b) The term does not include the following:
(1) A textbook (as defined in IC 20-18-2-23) Curricular
materials (as defined in IC 20-18-2-2.7).
(2) A special purpose bus (as defined in IC 20-27-2-10).
(3) A school bus (as defined in IC 20-27-2-8).
SECTION 3. IC 5-22-22-1, AS AMENDED BY HEA 1568-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) This chapter applies only to personal
property owned by a governmental body.
(b) This chapter does not apply to dispositions of property described
in any of the following:
(1) IC 5-22-21-1(b).
(2) IC 36-1-11-5.5.
(3) IC 36-1-11-5.7.
(c) This chapter does not apply to any of the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17 or IC 36-7-17.1.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit (as defined in
IC 36-1-2-23) to an Indiana nonprofit corporation organized for
educational, literary, scientific, religious, or charitable purposes
that is exempt from federal income taxation under Section 501 of
the Internal Revenue Code or the sale or reletting of that property
by the nonprofit corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation district under IC 14-32.
(13) The disposal of surplus property by the health and hospital corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under IC 36-10-7-8.
(19) The disposal of
(20) The disposal of residential structures or improvements by a municipal corporation without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that is organized to expand the supply or sustain the existing supply of good quality, affordable housing for residents of Indiana having low or moderate incomes.
(21) The disposal of historic property without consideration to a nonprofit corporation whose charter or articles of incorporation allows the corporation to take action for the preservation of historic property. As used in this subdivision, "historic property" means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic Places, as determined by the division of historic preservation and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that exists for the primary purpose of enhancing the environment;
when the property is to be used for compliance with a permit or an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a governmental body under IC 5-23.
SECTION 4. IC 6-3.1-15-1 IS REPEALED [EFFECTIVE
JANUARY 1, 2013 (RETROACTIVE)]: Sec. 1. As used in this
chapter, "buddy system project" means a statewide computer project
placing computers in homes of public school students (commonly
referred to as the "buddy system project") and any other educational
technology program or project jointly authorized by the state
superintendent of public instruction and the governor.
SECTION 5. IC 6-3.1-15-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013 (RETROACTIVE)]:
Sec. 12. (a) A service center may sell qualified computer equipment
received by taxpayers under this chapter only to the following:
(1) Public or private elementary or secondary schools.
(2) The parent or guardian of a student enrolled in grade 1
through 12 that is a participant in a buddy system project or
enrolled in a school's computer education program.
(b) A service center may sell qualified computer equipment under
this chapter to schools, parents, or guardians located outside the service
center's normal service area, but not outside Indiana.
(c) Before a public or private elementary school may purchase
qualified computer equipment from a service center, the school must
submit a statement to the service center detailing the following:
(1) The school's computer education program or planned
computer education program.
(2) The school's planned use of the qualified computer equipment,
including the goals of the plan, the implementation of the plan,
and the number of students that will be served with the qualified
computer equipment.
(d) A school that purchases qualified computer equipment from a
service center may sell the qualified computer equipment to a parent or
guardian of a child who is enrolled in the school's computer education
program. including a buddy system project.
(e) Before a parent or guardian of a student may purchase qualified
computer equipment from a service center, the parent or guardian must
present proof, in the form approved by the service center, that:
(1) the child of the parent or guardian is a participant in a buddy
system project or enrolled in a school's computer education
program; and
(2) the qualified computer equipment will be used by the child for
an educational purpose.
SECTION 6. IC 6-3.1-15-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2013 (RETROACTIVE)]:
Sec. 17. The state board shall perform an annual review of the program
implemented by this chapter and before September 1 of each year file
an annual report with the budget committee for review by the budget
committee and approval of the budget agency. The report must include
the following:
(1) A listing of the schools that participated in the program
including the school's location, whether the school is a private or
public school, whether the school participates in a buddy system
project, and a description of the demographics of the students of
each school.
(2) The board's opinion regarding the success of the program.
(3) The amount of tax credits granted to donors.
SECTION 7. IC 9-18-2-8.5, AS ADDED BY P.L.31-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8.5. (a) Notwithstanding section 8 of this chapter,
a school bus owned by a person other than a school corporation shall
be registered before July 29 September 28 of each year.
(b) Registration and reregistration for a school bus under this
section is for one (1) year.
(c) A certificate of inspection as required under IC 20-27-7-16
described under IC 20-27-7-3 must accompany a registration and
reregistration application of a school bus under this section.
(d) A person registering a school bus under this section shall pay the
annual registration fee required under IC 9-29-5-8 and any fees and
service charges required of a vehicle registered under this chapter.
(e) Upon registration of a school bus under this section, the bureau
shall issue a license plate under section 30 of this chapter, including:
(1) an annual renewal tag; or
(2) other indicia;
to be attached on the semipermanent plate.
(f) A license plate with a renewal tag or other indicia of registration
issued under this section may be displayed during:
(1) the calendar year for which the school bus is registered; and
(2) the period:
(A) after the calendar year; and
(B) before July 29 September 28 of the subsequent year.
SECTION 8. IC 12-17-19-24, AS ADDED BY P.L.1-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. (a) To evaluate the effectiveness of step ahead
as the program relates to the step ahead goals listed in section 13 of this
chapter, the panel shall employ the following assessment mechanisms:
(1) The step ahead county coordinator shall annually report to the
panel on the development, quality, and appropriateness of the
individual family service plans for children whose parents qualify
under the income eligibility guidelines.
(2) The step ahead county coordinator shall annually report to the
panel on the number of children who:
(A) are using step ahead services; and
(B) do not qualify under the income eligibility guidelines.
(3) The panel shall annually assess the results of any readiness
program under IC 20-20-26 established by the department of
education for students in kindergarten and grade 1 to determine
whether children enrolling in school after benefiting from step
ahead demonstrate greater readiness for learning. The department
of education shall cooperate with the panel in this regard by
assisting in defining the term "readiness" and supporting the
evaluation based on knowledge and training in early childhood.
(4) Any other valid assessment technique or method approved by
the panel.
(b) The panel shall implement a schedule for assessing step ahead
programs, using prior evaluation results and techniques learned
through the department of education's pilot preschool programs.
SECTION 9. IC 20-18-2-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 2.7. "Curricular materials" means systematically
organized material designed to provide a specific level of
instruction in a subject matter category, including:
(1) books;
(2) hardware that will be consumed, accessed, or used by a
single student during a semester or school year;
(3) computer software; and
(4) digital content.
SECTION 10. IC 20-18-2-23 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 23. "Textbook" means systematically organized material
designed to provide a specific level of instruction in a subject matter
category, including:
(1) books;
(2) hardware that will be consumed, accessed, or used by a single
student during a semester or school year;
SECTION 11. IC 20-19-2-8, AS AMENDED BY SEA 85-2013, SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) In addition to any other powers and duties prescribed by law, the state board shall adopt rules under IC 4-22-2 concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and consultants necessary for the department. The state board shall fix the compensation of employees of the department, subject to the approval of the budget committee and the governor under IC 4-12-2.
(2) The establishment and maintenance of standards and guidelines for media centers, libraries, instructional materials centers, or any other area or system of areas in a school where a full range of information sources, associated equipment, and services from professional media staff are accessible to the school community. With regard to library automation systems, the state board may only adopt rules that meet the standards established by the state library board for library automation systems under IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student personnel and guidance services.
(4) The inspection of all public schools in Indiana to determine the condition of the schools. The state board shall establish standards governing the accreditation of public schools. Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
(E) IC 20-31-3, IC 20-32-4, IC 20-32-5,
is a prerequisite to the accreditation of a school. Local public school officials shall make the reports required of them and otherwise cooperate with the state board regarding required inspections. Nonpublic schools may also request the inspection for classification purposes. Compliance with the building and site guidelines adopted by the state board is not a prerequisite of accreditation.
(5) The distribution of funds and revenues appropriated for the
support of schools in the state.
(6) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(7) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(8) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(9) Subject to IC 20-28-2, the preparation and licensing of
teachers.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SECTION 12. IC 20-19-2-14, AS AMENDED BY P.L.172-2011,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 14. The state board shall do the
following:
(1) Establish the educational goals of the state, developing
standards and objectives for local school corporations.
(2) Assess the attainment of the established goals.
(3) Assure compliance with established standards and objectives.
(4) Coordinate with the commission for higher education
(IC 21-18-1) and the department of workforce development
(IC 22-4.1-2) to develop entrepreneurship education programs for
elementary and secondary education, higher education, and
individuals in the work force.
(5) Make recommendations to the governor and general assembly
concerning the educational needs of the state, including financial
needs.
(6) Provide for reviews to ensure the validity and reliability of
the ISTEP program.
SECTION 13. IC 20-19-2-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.5. (a) As used in this
section:
(1) "common core standards" refers to educational standards
developed for kindergarten through grade 12 by the Common
Core State Standards Initiative; and
(2) "cut scores" means the scores that define a student's
performance on an assessment, including passing, failing, or
falling into a performance category.
(b) Notwithstanding section 14 of this chapter, after May 15,
2013, the state board may take no further actions to implement as
standards for the state or direct the department to implement any
common core standards developed by the Common Core State
Standards Initiative until the state board conducts a
comprehensive evaluation of the common core standards as
provided in this section. Any common core standards adopted by
the state board before May 15, 2013, remain in effect until the state
board adopts educational standards under subsection (c).
(c) Before July 1, 2014, the state board shall adopt college and
career readiness educational standards. The educational standards
must meet national and international benchmarks for college and
career readiness standards and be aligned with postsecondary
educational expectations. The state board shall implement
educational standards that use the common core standards as the
base model for academic standards to the extent necessary to
comply with federal standards to receive a flexibility waiver under
20 U.S.C. 7861. However, higher academic standards may be
adopted that supplement or supplant the common core standards
if the higher educational standards would qualify for a flexibility
waiver under 20 U.S.C. 7861 because the higher educational
standards meet United States Department of Education flexibility
waiver requirements that ensure college and career readiness of
students.
(d) The educational standards may not be adopted under
subsection (c) until:
(1) the state board has received and considers:
(A) the department's evaluation of the common core under
subsection (e);
(B) the final report of the legislative study committee
established under subsection (f);
(C) the fiscal impact statement prepared by the office of
management and budget under subsection (g); and
(2) the state board holds at least three (3) public meetings and
takes public testimony regarding the adoption of educational
standards after the state board has received and considered
the information described in subdivision (1).
(e) Before July 1, 2013, the department shall provide a written evaluation of the common core standards to the:
(1) governor;
(2) legislative council;
(3) state board; and
(4) chairperson of the legislative study committee established in subsection (f).
The evaluation must be provided in an electronic format as provided under IC 5-14-6.
(f) The legislative council shall establish a legislative study committee to study issues relating to common core standards or other standards. Not later than November 1, 2013, the legislative committee shall submit the committee's final report to the legislative council, governor, department, and state board. The report must:
(1) compare existing Indiana standards with the common core standards;
(2) consider best practices in developing and adopting the standards, seeking information from a broad range of sources, including:
(A) subject area teachers from elementary and secondary schools in Indiana;
(B) subject area instructors and experts from postsecondary educational institutions; and
(C) any other standards the study committee considers to be superior standards; and
(3) evaluate the cost to the state or school corporations associated with implementing Partnership for Assessment of Readiness for College and Careers assessment or the Smarter Balanced assessment by schools.
The legislative study committee shall operate under the policies governing study committees adopted by the legislative council. The study committee shall hold at least three (3) public meetings.
(g) Before September 1, 2013, the office of management and budget established by IC 4-3-22-3, in consultation with the state board, shall provide an opinion concerning the fiscal impact to the state and school corporations if the state board:
(1) fully implements the common core standards; and
(2) discontinues the implementation of the common core standards.
The office of management and budget must provide its opinion in
an electronic format under IC 5-14-6 to the governor, legislative
council, and state board.
(h) The department shall administer ISTEP assessments under
IC 20-32-5 during the 2013-2015 biennium. The state board may
not require the use of the Partnership for Assessment of Readiness
for College and Careers assessment or the Smarter Balanced
assessment by schools until the state board receives and considers
the reports received under subsections (e) through (g). This section
does not remove academic standards developed or implemented by
the state board before July 1, 2013.
(i) This subsection does not apply to an agreement with the
United States Department of Education concerning a waiver from
federal requirements. After June 30, 2013, the state, or the state
board on behalf of the state, may not enter into or renew an
agreement with any organization, entity, group, or consortium that
requires the state to cede any measure of autonomy or control of
education standards and assessments, including cut scores.
(j) The state board may adopt emergency rules in the manner
provided in IC 4-22-2-37.1 to implement this section. As provided
in IC 4-22-2-37.1 for an emergency rule adopted under this section
to be effective after one (1) extension period, the rule must be
adopted in conformity with the procedures under IC 4-22-2-24
through IC 4-22-2-36.
SECTION 14. IC 20-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 6. (a) The department shall:
(1) establish a program in health and physical education to
encourage children in kindergarten through grade 12 to develop:
(A) healthful living habits;
(B) an interest in lifetime health and physical fitness; and
(C) decision making skills in the areas of health and physical
fitness;
(2) establish the position of education consultant for health and
physical education; and
(3) hire an individual to perform the duties of education
consultant for health and physical education.
(b) The education consultant for health and physical education shall:
(1) plan and develop curricula for health and physical education
for grades kindergarten through 12; and
(2) perform other duties designated by the department.
(c) The program in health and physical education must include the
following:
SECTION 15. IC 20-19-4-10, AS ADDED BY P.L.1-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. The roundtable shall review and recommend to the state board for the state board's approval the following:
(1) The academic standards under IC 20-31-3, IC 20-32-4, and IC 20-32-5
(2) The content and format of the ISTEP program, including the following:
(A) The graduation examination.
(B) The passing scores required at the various grade levels tested under the ISTEP program.
SECTION 16. IC 20-20-1-2, AS AMENDED BY P.L.234-2007, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) As used in this chapter, "educational service center" means an extended agency of school corporations that:
(1) operates under rules established by the state board;
(2) is the administrative and operational unit that serves a definitive geographical boundary, which, to the extent possible, must be aligned with the boundary of a regional works council's region established under IC 20-19-6; and
(3) allows school corporations to voluntarily cooperate and share programs and services that the school corporations cannot individually provide but collectively may implement.
(b) Programs and services collectively implemented through an educational service center may include, but are not limited to, the following:
(1) Curriculum development.
(2) Pupil personnel and special education services.
(3) In-service education.
(4) State-federal liaison services.
(5) Instructional materials and multimedia services.
(6) Career and technical education.
(7) Purchasing and financial management.
(8) Needs assessment.
(9) Computer use.
(10) Research and development.
SECTION 17. IC 20-20-2 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Principal Leadership Academy).
SECTION 18. IC 20-20-4-1 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 19. IC 20-20-4-2 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 20. IC 20-20-4-3 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 21. IC 20-20-4-4 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 22. IC 20-20-4-5 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 23. IC 20-20-4-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5.5. A teacher of the year may be
invited to serve one (1) year of professional leave with:
(1) an Indiana postsecondary educational institution; or
(2) the department.
SECTION 24. IC 20-20-4-6, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) The school where an ambassador a teacher
of the year is regularly employed shall do the following:
(1) Grant the ambassador teacher a one (1) year professional
leave to serve as ambassador during the ambassador's term.
provide service as described in section 5.5 of this chapter.
(2) Allow the ambassador teacher to return to the school from the
professional leave:
(A) to the same or a comparable position as the ambassador
teacher held before the professional leave; and
(B) without loss of accrued benefits or seniority.
(3) Continue to provide the ambassador teacher all benefits of
employment with the school other than salary.
(b) The department shall reimburse a school for the cost of benefits
provided by the school to an ambassador a teacher under subsection
(a)(3).
SECTION 25. IC 20-20-4-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6.5. If a teacher of the year
provides service for the department or an Indiana postsecondary
educational institution under this chapter, the department or the
Indiana postsecondary educational institution shall pay the
teacher's salary for the term of the service and shall reimburse the
teacher's regular employer for the teacher's benefits during the
term of service.
SECTION 26. IC 20-20-4-7 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 7. An ambassador may elect to serve the one (1) year
professional leave at:
(1) an Indiana postsecondary educational institution; or
(2) the department.
SECTION 27. IC 20-20-4-8 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 8. If an ambassador elects to serve a one (1) year
professional leave with the department, the following apply:
(1) The state coordinator of the ambassador for education
program, as designated by the state superintendent, shall establish
the ambassador's duties.
SECTION 28. IC 20-20-4-9 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 29. IC 20-20-4-10 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 30. IC 20-20-5.5-1 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 31. IC 20-20-5.5-2, AS AMENDED BY P.L.6-2012,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The department shall evaluate
curricular materials. The evaluation must include an evaluation of:
(1) the curricular materials' alignment to the academic standards
adopted developed by the state board department under
IC 20-31-3-1; IC 20-31-3-2; and
(2) the appropriateness of the reading level of the curricular
materials.
(b) The department shall determine the process for evaluating
curricular materials under subsection (a).
(b) (c) The department shall publish a report that describes the
method used to conduct the evaluation required under subsection (a)
and that contains the results of the evaluation. The report must do the
following:
(1) Provide a list of each curricular material evaluated and a
summary of the evaluation for each curricular material.
(2) be updated annually; and
(3) (2) Provide a listing and summary review for the curricular
materials that are aligned to the academic standards adopted
developed by the state board department under IC 20-31-3-1
IC 20-31-3-2 for the following subjects for each grade level:
(A) English/language arts, including spelling, literature, and
handwriting.
(B) Reading.
(C) Mathematics.
(D) Science.
(E) Social studies.
(F) Miscellaneous. Other subject areas as determined by
the department.
(G) World languages.
(3) Include any clarification or response from the publisher of
a curricular material related to the department's summary
review provided under subdivision (2).
(c) (d) A governing body and superintendent may use the report
under subsection (b) (c) in complying with IC 20-26-12-24.
(d) (e) For a publisher's curricular materials to be included in the
report under subsection (b), (c), the publisher must provide the
department a written, exact, and standard statewide price for each
curricular material.
(e) (f) A publisher may request that an update to the publisher's
curricular materials and corresponding prices replace the information
on the curricular materials set forth in the report under subsection (b).
(c).
SECTION 32. IC 20-20-5.5-3, AS ADDED BY P.L.229-2011,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The state superintendent shall
notify the governing bodies of each school corporation, charter school,
and accredited nonpublic school immediately of:
(1) the initial publication and annual update on the department's
Internet web site of the report described in section 2(b) 2(c) of
this chapter, including the Internet web site address where the
report is published; and
(2) updates of the following types of information in the report
described in section 2(b) 2(c) of this chapter:
(A) The addition of materials.
(B) The removal of materials.
(C) Changes in the per unit price of curricular materials that
exceed five percent (5%).
(b) A notification under this section must state that:
(1) the reviews of curricular materials included in the report
described in section 2(b) 2(c) of this chapter are departmental
reviews only; and
(2) each governing body has authority to adopt textbooks
curricular materials for a school corporation.
SECTION 33. IC 20-20-9 IS REPEALED [EFFECTIVE JULY 1,
2013]. (School Grant Writing and Fund Raising Assistance Program).
SECTION 34. IC 20-20-10 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Technology Preparation Task Force).
SECTION 35. IC 20-20-11 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Research and Development Program).
SECTION 36. IC 20-20-17-6, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. The department may award grants to school
corporations:
(1) upon review of the applications received under section 5 of
this chapter;
(2) upon receipt of the recommendations from the advisory
committee under section 10 of this chapter;
(3) (2) subject to available money; and
(4) (3) in accordance with the following priorities:
(A) To the extent possible, to achieve geographic balance
throughout Indiana and to include urban, suburban, and rural
school corporations.
(B) To address a documented need for new or expanded school
intervention or career counseling programs, including
considering the percentage of students within the school
corporation who are designated as at risk students.
(C) To promote innovative methods for initiating or expanding
school intervention or career counseling programs.
(D) To reward school corporations that propose school
intervention or career counseling programs that demonstrate
the greatest potential for replication and implementation in
Indiana.
(E) To lower school counselor/student ratios where the ratios
are excessively high.
SECTION 37. IC 20-20-17-10 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 10. (a) An advisory committee composed of five (5)
members is established.
(b) The state superintendent shall appoint the members of the
advisory committee.
(c) The state superintendent shall:
(1) convene the advisory committee; and
(2) act as chair of the advisory committee.
The state superintendent may not be a member of the advisory
committee.
(d) An employee of:
(1) the governor; or
(2) the department of education;
is eligible for appointment to the advisory committee.
(e) A member of the advisory committee serves at the pleasure of
the appointing authority.
(f) A member of the advisory committee is not entitled to the
following:
(1) The minimum salary per diem provided in IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties.
(g) The advisory committee shall do the following:
(1) Assist the department in developing the guidelines described
in section 9 of this chapter.
(2) Establish standards for qualifying for a grant under this
chapter.
(3) Review grant applications and make recommendations to the
state superintendent concerning the awarding of grants.
SECTION 38. IC 20-20-22 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Teacher Quality and Professional Improvement Program).
SECTION 39. IC 20-20-23 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Projects for Innovative Education).
SECTION 40. IC 20-20-25 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Committee on Educational Attitudes, Motivation, and Parental Involvement).
SECTION 41. IC 20-20-26 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Readiness Testing).
SECTION 42. IC 20-20-27 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Student Services Programs).
SECTION 43. IC 20-20-29 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Twenty-First Century Schools Pilot Program).
SECTION 44. IC 20-20-30 IS REPEALED [EFFECTIVE JULY 1, 2013]. (Anti-Gang Counseling Pilot Program and Fund).
SECTION 45. IC 20-20-31-6 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 46. IC 20-20-31-7 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 47. IC 20-20-31-8 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 48. IC 20-20-31-9 IS REPEALED [EFFECTIVE JULY 1, 2013].
development and the following additional criteria:
(1) To ensure high quality professional development, the
program:
(A) is school based and collaboratively designed, and
encourages participants to work collaboratively;
(B) has a primary focus on state and local academic standards,
including a focus on Core 40 subject areas;
(C) enables teachers to improve expertise in subject
knowledge and teaching strategies, uses of technologies, and
other essential elements in teaching to high standards;
(D) furthers the alignment of standards, curriculum, and
assessments; and
(E) includes measurement activities to ensure the transfer of
new knowledge and skills to classroom instruction.
(2) A variety of resources, including needs assessments, an
analysis of data regarding student learning needs, professional
literature, research, and school improvement programs, are used
in developing the program.
(3) The program supports professional development for all
stakeholders.
(4) The program includes ongoing professional growth
experiences that provide adequate time and job embedded
opportunities to support school improvement and student
learning, including flexible time for professional development
that provides professional development opportunities before,
during, and after the regular school day and school year.
(5) Under the program, teacher time for professional development
sustains instructional coherence, participant involvement, and
continuity for students.
(6) The program includes effective, research based strategies to
support ongoing developmental activities.
(7) The program supports experiences to increase the effective
use of technology to improve teaching and learning.
(8) The program encourages diverse techniques, including
inquiry, reflection, action research, networking, study groups,
coaching, and evaluation.
(9) The program includes a means for evaluating the effectiveness
of the program and activities under the program.
SECTION 49. IC 20-20-31-10 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 10. The state board shall approve an evaluation system
for professional development based on recommendations from the
department. The department shall develop a means for measuring
successful programs and activities in which schools participate. The
measurements must include the following:
(1) A mechanism to identify and develop strategies to collect
multiple forms of data that reflect the achievement of expectations
for all students. The data may include the results of ISTEP
program tests under IC 20-31-3, IC 20-32-4, IC 20-32-5, and
IC 20-32-6, local tests, classroom work, and teacher and
administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and
student learning, including standards for effective teaching and
effective professional development.
SECTION 50. IC 20-20-31-11 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 11. A school qualifies for a grant from the department
when the school's program, developed and submitted under this
chapter, is approved by the state board upon recommendation of the
department. For purposes of determining whether a school qualifies for
a grant under this chapter, the department shall:
(1) review;
(2) suggest changes to; and
(3) recommend approval or rejection of;
a school's program.
SECTION 51. IC 20-20-31-12 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 12. A school must use a grant received under this chapter
to implement all or part of the school's program by funding activities
that may include the following:
(1) Partnership programs with other entities, including
professional development schools.
(2) Teacher leadership academies, research teams, and study
groups.
(3) Workshops, seminars, and site visits.
(4) Cooperative programs with other school corporations.
(5) National board certification for teachers.
SECTION 52. IC 20-20-31-13 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 13. A school may contract with private or public sector
providers to provide professional development activities under this
chapter.
SECTION 53. IC 20-20-31-14 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 14. A grant received under this chapter:
(1) may be expended only for the conduct of activities specified
in the program; and
(2) must be coordinated with other professional development
programs and expenditures of the school and school corporation.
SECTION 54. IC 20-20-31-15 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 15. A school shall report to the department concerning
the use of grants received under this chapter. A school that fails to
make a report under this chapter is not eligible for a subsequent grant.
SECTION 55. IC 20-20-32 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Technology Apprenticeship Grant Program).
SECTION 56. IC 20-23-2-3, AS ADDED BY P.L.1-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) A county superintendent may be impeached
for immorality, incompetency, or general neglect of duty, or for acting
as agent for the sale of any textbook, curricular materials, school
furniture, maps, charts, or other school supplies.
(b) Impeachment proceedings are governed by the provisions of law
for impeaching county officers.
SECTION 57. IC 20-26-5-4, AS AMENDED BY HEA 1357-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) In carrying out the school purposes of a
school corporation, the governing body acting on the school
corporation's behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
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 previous year's ADM, to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or maintenance of real estate, real estate improvements, or an interest in real estate or real estate improvements, as the governing body considers necessary for school purposes, including buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, playgrounds, playing and athletic fields, facilities for physical training, buildings for administrative, office, warehouse, repair activities, or housing school owned buses, landscaping, walks, drives, parking areas, roadways, easements and facilities for power, sewer, water, roadway, access, storm and surface water, drinking water, gas, electricity, other utilities and similar purposes, by purchase, either outright for cash (or under conditional sales or purchase money contracts providing for a retention of a security interest by the seller until payment is made or by notes where the contract, security retention, or note is permitted by applicable law), by exchange, by gift, by devise, by eminent domain, by lease with or without option to purchase, or by lease under IC 20-47-2, IC 20-47-3, or IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for the repair, remodeling, removal, or demolition of the real estate, real estate improvements, or interest in the real estate or real estate improvements, as the governing body considers necessary for school purposes.
(C) Provide for conservation measures through utility efficiency programs or under a guaranteed savings contract as described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal property as the governing body considers necessary for school purposes, including buses, motor vehicles, equipment, apparatus, appliances, books, furniture, and supplies, either by cash purchase or under conditional sales or purchase money contracts providing for a security interest by the seller until payment is made or by notes where the contract, security, retention, or note is permitted by applicable law, by gift, by devise, by loan, or by lease with or without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1. IC 20-28-9-1.5.
(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. IC 20-28-9-1.5.
(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) Subject to IC 20-27-13, 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, curricular materials, to furnish
textbooks curricular materials without cost or to rent textbooks
curricular materials to students, to participate in a textbook
curricular materials 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.
(b) A superintendent hired under subsection (a)(8):
(1) is not required to hold a teacher's license under IC 20-28-5;
and
(2) is required to have obtained at least a master's degree from an
accredited postsecondary educational institution.
SECTION 58. IC 20-26-5-35 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 35. A school corporation shall
annually compile class size data for kindergarten through grade 3
and report the data to the department by a date established by the
department.
SECTION 59. IC 20-26-11-22, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 22. (a) The transferee corporation is entitled to
receive from the transferor corporation transfer tuition for each
transferred student for each school year calculated in two (2) parts:
(1) operating cost; and
(2) capital cost.
These costs must be allocated on a per student basis separately for each
class of school.
(b) The operating cost for each class of school must be based on the
total expenditures of the transferee corporation for the class from its
general fund expenditures as set out on the classified budget forms
prescribed by the state board of accounts, excluding from the
calculation capital outlay, debt service, costs of transportation, salaries
of board members, contracted service for legal expenses and any
expenditure that is made out of the general fund from extracurricular
account receipts, for the school year.
(c) The capital cost for each class of school must consist of the
lesser of the following alternatives:
(1) The capital cost must be based on an amount equal to five
percent (5%) of the cost of transferee corporation's physical plant,
equipment, and all items connected to the physical plant or
equipment, including:
(A) buildings, additions, and remodeling to the buildings,
excluding ordinary maintenance; and
(B) on-site and off-site improvements such as walks, sewers,
waterlines, drives, and playgrounds;
that have been paid or are obligated to be paid in the future out of
the general fund, capital projects fund, or debt service fund,
including principal and interest, lease rental payments, and funds
that were legal predecessors to these funds. If an item of the
physical plant, equipment, appurtenances, or part of the item is
more than twenty (20) years old at the beginning of the school
year, the capital cost of the item shall be disregarded in making
the capital cost computation.
(2) The capital cost must be based on the amount budgeted from
the general fund for capital outlay for physical plant, equipment,
and appurtenances and the amounts levied for the debt service
fund and the capital projects fund for the calendar year in which
the school year ends.
(d) If an item of expense or cost cannot be allocated to a class of
school, the item shall be prorated to all classes of schools on the basis
of the ADM of each class in the transferee corporation compared to the
total ADM therein.
(e) The transfer tuition for each student transferred for each school
year shall be calculated by dividing the transferee school corporation's
total operating costs and the total capital costs for the class of school
in which the student is enrolled by the ADM of students therein. If a
transferred student is enrolled in a transferee corporation for less than
the full school year, the transfer tuition shall be calculated by the
proportion of such school year for which the transferred student is
enrolled. A school year for this purpose consists of the number of days
school is in session for student attendance. A student shall be enrolled
in a transferee school, whether or not the student is in attendance,
unless the:
(1) student's residence is outside the area of students transferred
to the transferee corporation;
(2) student has been excluded or expelled from school; or
(3) student has been confirmed as a school dropout.
The transferor and transferee corporations may enter into written
agreements concerning the amount of transfer tuition. If an agreement
cannot be reached, the amount shall be determined by the state
superintendent, with costs to be established, where in dispute, by the
state board of accounts.
(f) The transferor corporation shall pay the transferee corporation,
when billed, the amount of book curricular material rental due from
transferred students who are unable to pay the book curricular
material rental amount. The transferor corporation is entitled to collect
the amount of the book curricular material rental from the
appropriate township trustee, from its own funds, or from any other
source, in the amounts and manner provided by law.
SECTION 60. IC 20-26-12-1, AS AMENDED BY P.L.73-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Except as provided in subsections (b) and
(c) and notwithstanding any other law, each governing body shall
purchase from a publisher, either individually or through a purchasing
cooperative of school corporations, the textbooks curricular materials
selected by the proper local officials, and shall rent these textbooks the
curricular materials to each student enrolled in a public school that
is:
(1) in compliance with the minimum certification standards of the
state board; and
(2) located within the attendance unit served by the governing
body.
(b) This section does not prohibit the purchase of textbooks
curricular materials at the option of a student or the providing of free
textbooks curricular materials by the governing body under sections
6 through 21 of this chapter.
(c) This section does not prohibit a governing body from suspending
the operation of this section under a contract entered into under
IC 20-26-15.
SECTION 61. IC 20-26-12-2, AS AMENDED BY P.L.73-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) A governing body may purchase from a
publisher any textbook curricular material selected by the proper
local officials. The governing body may rent these textbooks the
curricular materials to students enrolled in any public or nonpublic
school that is:
(1) in compliance with the minimum certification standards of the
state board; and
(2) located within the attendance unit served by the governing
body.
The annual rental rate may not exceed twenty-five percent (25%) of the
retail price of the textbooks. curricular materials.
(b) Notwithstanding subsection (a), the governing body may not
assess a rental fee of more than fifteen percent (15%) of the retail price
of a textbook curricular materials that has have been:
(1) extended for usage by students under section 24(e) of this
chapter; and
(2) paid for through rental fees previously collected.
(c) This section does not limit other laws.
SECTION 62. IC 20-26-12-3, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) Upon a written determination by the
governing body of a school corporation that a textbook curricular
materials is are no longer scheduled for use in the school corporation,
the governing body may sell, exchange, transfer, or otherwise convey
the textbook. curricular materials. However, before a governing body
may mutilate or otherwise destroy a textbook, curricular materials,
the governing body must first comply with the following provisions:
(1) Subsection (b).
(2) Subsection (c).
(3) Section 4 of this chapter.
(4) Section 5 of this chapter.
(b) Before a governing body may mutilate or otherwise destroy a
textbook, curricular materials, the governing body shall provide at no
cost and subject to availability one (1) copy of each textbook any
curricular material that is no longer scheduled for use in the school
corporation to:
(1) the parent of each student who is enrolled in the school
corporation and who wishes to receive a copy of the textbook;
curricular material; and
(2) if any textbooks curricular materials remain after
distribution under subdivision (1), to any resident of the school
corporation who wishes to receive a copy of the textbook.
curricular material.
(c) If a governing body does not sell, exchange, transfer, or
otherwise convey unused textbooks curricular materials under
subsection (a) or (b), each public elementary and secondary school in
the governing body's school corporation shall provide storage for at
least three (3) months for the textbooks curricular materials in the
school corporation. A school corporation may sell or otherwise convey
the textbooks curricular materials to another school corporation at
any time during the period of storage.
SECTION 63. IC 20-26-12-4, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) A school corporation shall compile a list of
textbooks curricular materials in storage under section 3 of this
chapter. The list must include the names of the publishers and the
number of volumes being stored. The list must be mailed to the
department. The department shall maintain a master list of all
textbooks curricular materials being stored by school corporations.
(b) Upon request, the state superintendent shall mail to a nonprofit
corporation or institution located in Indiana a list of textbooks
curricular materials available for access. A nonprofit corporation or
institution may acquire the textbooks curricular materials from the
appropriate school corporation by paying only the cost of shipping and
mailing.
SECTION 64. IC 20-26-12-5, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. Textbooks Curricular materials stored for at
least three (3) months under section 3 of this chapter may not be
mutilated or destroyed and must be maintained and stored according to
regulations prescribed by local and state health authorities. Textbooks
Curricular materials that have not been requested after at least three
(3) months may be mutilated, destroyed, or otherwise disposed of by
the school corporation.
SECTION 65. IC 20-26-12-6, AS AMENDED BY P.L.73-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) Sections 7 through 21 of this chapter apply
to school libraries that contain free textbooks. curricular materials.
The textbooks curricular materials must be selected by the proper
local officials.
(b) As used in sections 6 7 through 21 of this chapter, "resident
student" means a student enrolled in any of the grades in any school
located in a school corporation, whether the student resides there or is
transferred there for school purposes.
SECTION 66. IC 20-26-12-7, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) If a petition requesting the establishment of
an elementary school library is filed with a governing body, the
governing body shall provide a library containing textbooks curricular
materials in sufficient numbers to meet the needs of every resident
student in each of the eight (8) grades of each elementary school. The
petition must be signed by at least fifty-one percent (51%) of the
registered voters of the governing body's school corporation.
(b) This subsection applies to a governing body that has established
an elementary school library under subsection (a). If a petition
requesting establishment of a high school library is filed with the
governing body, the governing body shall provide a library containing
textbooks curricular materials in sufficient numbers to meet the
needs of every resident student in each of the four (4) grades of each
high school. The petition must be signed by at least twenty percent
(20%) of the voters of the school corporation as determined by the total
vote cast at the last general election for the trustee of the township,
clerk of the town, or mayor of the city.
SECTION 67. IC 20-26-12-8, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. A petition for an elementary or a high school
library under section 7 of this chapter must be in substantially the
following form:
To the governing body of the school corporation of ___________
We, the undersigned voters of the school corporation of _______
respectfully petition the governing body of the school corporation of
_______ to establish an elementary school (or high school, as
appropriate) library and to lend its school textbooks curricular
materials free of charge to the resident students of the school
corporation of _____________, under IC 20-26-12.
NAME ADDRESS DATE
_________ _________ _________
_________ _________ _________
STATE OF INDIANA )
) SS:
___________ COUNTY )
_____________ being duly sworn, deposes and says that he or she is
the circulator of this petition paper and that the appended signatures
were made in his or her presence and are the genuine signatures of the
persons whose names they purport to be.
Subscribed and sworn to before me this ____ day of ___________, 20 __.
SECTION 68. IC 20-26-12-13, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. If a sufficient petition is filed under section 11 of this chapter, a governing body shall note on the records of the governing body's school corporation that by filing the petition the school corporation must maintain:
(1) an elementary school library containing
(2) a high school library containing
as applicable.
SECTION 69. IC 20-26-12-14, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) This subsection applies to a school corporation described in section 13(1) of this chapter. The governing body shall make the first appropriation from the school corporation's general fund in August following the petition's filing. Not later than the school term following the first appropriation, the library must be established and
(b) This subsection applies to a school corporation described in section 13(2) of this chapter. The governing body shall make the first appropriation from the school corporation's general fund in September following the petition's filing. Not later than the second school term following the first appropriation, the library must be established and
SECTION 70. IC 20-26-12-15, AS AMENDED BY P.L.73-2011, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) A governing body shall purchase the necessary
(b) A governing body shall purchase
(1) from a resident student who presents the
(2) with money from the school corporation's general fund; and
(3) at a price based on the original price to the school corporation minus a reasonable reduction for damage from usage.
SECTION 71. IC 20-26-12-16, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. Upon receipt of the
SECTION 72. IC 20-26-12-17, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. (a) If a student transfers to a school corporation other than the one in which the student resides under IC 20-26-11, the governing body of the school corporation to which the student transfers shall purchase a sufficient supply of
(b) In the annual settlement between the school corporations for tuition of transferred students, the amounts must include rental of the
SECTION 73. IC 20-26-12-18, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. A governing body may provide a sufficient
number amount of textbooks curricular materials for sale to resident
students at the price stipulated in the contracts under which the
textbooks curricular materials are supplied to the governing body's
school corporation. Proceeds from sales under this section must be paid
into the school corporation's general fund.
SECTION 74. IC 20-26-12-19, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 19. A governing body shall provide sufficient
library facilities for the textbooks curricular materials to best
accommodate the resident students.
SECTION 75. IC 20-26-12-20, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 20. A governing body shall prescribe reasonable
rules and regulations for the care, custody, and return of library
textbooks. curricular materials. A resident student using library
textbooks curricular materials is responsible for the loss, mutilation,
or defacement of the library textbooks, curricular materials, other
than reasonable wear.
SECTION 76. IC 20-26-12-21, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 21. A governing body shall provide for the
fumigation or destruction of library textbooks curricular materials at
the times and under regulations prescribed by local and state health
authorities. Before a governing body may mutilate or otherwise destroy
a textbook, curricular materials, the governing body shall provide at
no cost and subject to availability one (1) copy of each textbook any
curricular material that is no longer scheduled for use in the school
corporation to:
(1) the parent of each child who is enrolled in the school
corporation and who wishes to receive a copy of the textbook;
curricular material; and
(2) if any textbooks curricular materials remain after
distribution under subdivision (1), to any resident of the school
corporation who wishes to receive a copy of the textbook.
curricular material.
SECTION 77. IC 20-26-12-22, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 22. If a school corporation purchases textbooks
curricular materials on a time basis:
(1) the schedule for payments shall coincide with student
payments to the school corporation for textbook curricular
material rental; and
(2) the schedule must not require the school corporation to
assume a greater burden than payment of twenty-five percent
(25%) within thirty (30) days after the beginning of the school
year immediately following delivery by the contracting publisher
with the school corporation's promissory note evidencing the
unpaid balance.
SECTION 78. IC 20-26-12-23, AS AMENDED BY P.L.73-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. (a) A school corporation may:
(1) borrow money to buy textbooks; curricular materials; and
(2) issue notes, maturing serially in not more than six (6) years
and payable from its general fund, to secure the loan.
However, when an adoption is made by the proper local officials for
less than six (6) years, the period for which the notes may be issued is
limited to the period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may not
borrow money to purchase textbooks curricular materials unless a
petition requesting such an action and bearing the signatures of
twenty-five percent (25%) of the resident taxpayers of the school
township has been presented to and approved by the township trustee
and township board.
SECTION 79. IC 20-26-12-24, AS AMENDED BY P.L.229-2011,
SECTION 174, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 24. (a) The superintendent shall
establish procedures for textbook adoption of curricular materials.
(b) The governing body, upon receiving these recommendations
from the superintendent, shall adopt a textbook curricular materials
for use in teaching each subject in the school corporation.
(c) A special committee of teachers and parents may also be
appointed to review books, magazines, and audiovisual material used
or proposed for use in the classroom to supplement state adopted
textbooks curricular materials and may make recommendations to the
superintendent and the governing body concerning the use of this
material. these materials.
(d) A textbook Curricular materials selected shall be used for the
lesser of:
(1) six (6) years; or
(2) the effective period of the academic standards adopted by the
state board to which that textbook is the curricular materials
are aligned.
(e) A selection may be extended beyond that period for up to six (6) years.
(f) The governing body may, if the governing body considers it appropriate, retain
(g) The superintendent, advisory committee, and governing body may consider using the list of curricular materials
(h) Notwithstanding subsection (g) and this chapter, the superintendent, advisory committee, and governing body shall adopt reading
(i) A governing body may not purchase
(1) large type;
(2) Braille; and
(3) audio format.
SECTION 80. IC 20-26-12-25 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 81. IC 20-26-12-26, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26. If a family moves during the school term from one (1) school corporation to another within the state, the corporation from which they move shall:
(1) evaluate the affected children's
(2) offer to purchase the
SECTION 82. IC 20-26-13-5, AS AMENDED BY P.L.7-2011, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) As used in this chapter, "graduation" means
the successful completion by a student of:
(1) a sufficient number of academic credits, or the equivalent of
academic credits; and
(2) the graduation examination or waiver process required under
IC 20-32-3 through IC 20-32-6; IC 20-32-5;
resulting in the awarding of a high school diploma or an academic
honors diploma.
(b) The term does not include the granting of a general educational
development diploma under IC 20-20-6 (before its repeal) or
IC 22-4.1-18.
SECTION 83. IC 20-26-15-5, AS AMENDED BY P.L.6-2012,
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. Notwithstanding any other law,
the operation of the following is suspended for a freeway school
corporation or a freeway school if the governing body of the school
corporation elects to have the specific statute or rule suspended in the
contract:
(1) The following statutes and rules concerning curriculum and
instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning textbooks:
curricular materials:
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation
system.
(6) IC 20-32-5, concerning the ISTEP program established under IC 20-32-5-15, if an alternative locally adopted assessment program is adopted under section 6(7) of this chapter.
SECTION 84. IC 20-27-7-3, AS ADDED BY P.L.1-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. If the inspection required under section 1 of this chapter reveals that a school bus meets all safety requirements, the inspecting officer shall
SECTION 85. IC 20-27-7-16 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 86. IC 20-28-2-6, AS AMENDED BY P.L.90-2011, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) Subject to subsection (c) and in addition to the powers and duties set forth in
(1) Set standards for teacher licensing and for the administration of a professional licensing and certification process by the department.
(2) Approve or disapprove teacher preparation programs.
(3) Set fees to be charged in connection with teacher licensing.
(4) Suspend, revoke, or reinstate teacher licenses.
(5) Enter into agreements with other states to acquire reciprocal approval of teacher preparation programs.
(6) Set standards for teacher licensing concerning new subjects of study.
(7) Evaluate work experience and military service concerning postsecondary education and experience equivalency.
(8) Perform any other action that:
(A) relates to the improvement of instruction in the public
schools through teacher education and professional
development through continuing education; and
(B) attracts qualified candidates for teacher education from
among the high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as
independent practice school psychologists under IC 20-28-12.
(10) Before July 1, 2011, set standards for sign language
interpreters who provide services to children with disabilities in
an educational setting and an enforcement mechanism for the
interpreter standards.
(b) Notwithstanding subsection (a)(1), an individual is entitled to
one (1) year of occupational experience for purposes of obtaining an
occupational specialist certificate under this article for each year the
individual holds a license under IC 25-8-6.
(c) The state board may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to establish procedures to
expedite the issuance, renewal, or reinstatement under this article of a
license or certificate of a person whose spouse serves on active duty (as
defined in IC 25-1-12-2) and is assigned to a duty station in Indiana.
SECTION 87. IC 20-28-7.5-1, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011 (RETROACTIVE)]: Sec. 1. (a) This chapter applies to
a teacher in a school corporation (as defined in IC 20-18-2-16(a)).
(b) A principal may decline to continue a probationary teacher's
contract under sections 2 through 4 of this chapter if the probationary
teacher:
(1) receives an ineffective designation on a performance
evaluation under IC 20-28-11.5;
(2) receives two (2) consecutive improvement necessary ratings
on a performance evaluation under IC 20-28-11.5; or
(3) is subject to a justifiable decrease in the number of teaching
positions or any reason relevant to the school corporation's
interest.
(c) Except as provided in subsection (e), a principal may not decline
to continue a professional or established teacher's contract unless the
teacher is subject to a justifiable decrease in the number of teaching
positions.
(d) After June 30, 2012, the cancellation of teacher's contracts due
to a justifiable decrease in the number of teaching positions shall be
determined on the basis of performance rather than seniority. In cases
where teachers are placed in the same performance category, any of the
items in IC 20-28-9-1(b) IC 20-28-9-1.5(b) may be considered.
(e) A contract with a teacher may be canceled immediately in the
manner set forth in sections 2 through 4 of this chapter for any of the
following reasons:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules adopted for the governance
of the school building or the school corporation.
(3) Justifiable decrease in the number of teaching positions.
(4) Incompetence, including receiving:
(A) an ineffective designation on two (2) consecutive
performance evaluations under IC 20-28-11.5; or
(B) an ineffective designation or improvement necessary
rating in three (3) years of any five (5) year period.
(5) Neglect of duty.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good or just cause.
SECTION 88. IC 20-28-7.5-6, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011 (RETROACTIVE)]: Sec. 6. A contract entered into by
a teacher and a school employer continues in force on the same terms
and for the same wages, unless increased under IC 20-28-9-1,
IC 20-28-9-1.5, for the next school term following the date of the
contract's termination unless one (1) of the following occurs:
(1) The school corporation refuses continuation of the contract
under this chapter.
(2) The teacher delivers in person or by registered or certified
mail to the school corporation the teacher's written resignation.
(3) The contract is replaced by another contract agreed to by the
parties.
SECTION 89. IC 20-28-9-1 IS REPEALED [EFFECTIVE JULY 1,
2011 (RETROACTIVE)]: Sec. 1. (a) This subsection takes effect July
1, 2012, or upon the expiration of a contract in existence on July 1,
2011, whichever is earlier, and governs salary increases for a teacher
employed by a school corporation on or after the date this subsection
takes effect. Compensation attributable to additional degrees or
graduate credits earned before the effective date of the local salary
schedule created under this chapter shall continue. Compensation
attributable to additional degrees for which a teacher has started course
work before July 1, 2011, and completed course work before
September 2, 2014, shall also continue.
be made solely to conform to the new salary scale.
SECTION 90. IC 20-28-9-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011 (RETROACTIVE)]: Sec. 1.5. (a) This
subsection applies to a contract in effect July 1, 2012, or upon the
expiration of a contract in existence on July 1, 2011, whichever is
earlier, and governs salary increases for a teacher employed by a
school corporation on or after the date this subsection takes effect.
Compensation attributable to additional degrees or graduate
credits earned before the effective date of the local salary schedule
created under this chapter shall continue. Compensation
attributable to additional degrees for which a teacher has started
course work before July 1, 2011, and completed course work
before September 2, 2014, shall also continue.
(b) Increases or increments in a local salary scale must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than thirty-three percent (33%) of the
calculation used to determine a teacher's increase or
increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the
requirements for employment; or
(ii) additional content area degrees and credit hours
beyond the requirements for employment, if required
under an agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under
IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including
the responsibility for conducting evaluations under
IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the
following year if the teacher's employment contract is continued.
The amount that would otherwise have been allocated for the
salary increase of teachers rated ineffective or improvement
necessary shall be allocated for compensation of all teachers rated
effective and highly effective based on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under
subsection (c) may file a request with the superintendent or
superintendent's designee not later than five (5) days after
receiving notice that the teacher received a rating of ineffective.
The teacher is entitled to a private conference with the
superintendent or superintendent's designee.
(e) Not later than January 31, 2012, the department shall
publish a model salary schedule that a school corporation may
adopt.
(f) Each school corporation shall submit its local salary schedule
to the department. The department shall publish the local salary
schedules on the department's Internet web site.
(g) The department shall report any noncompliance with this
section to the state board.
(h) The state board shall take appropriate action to ensure
compliance with this section.
(i) This chapter may not be construed to require or allow a
school corporation to decrease the salary of any teacher below the
salary the teacher was earning on or before July 1, 2012, if that
decrease would be made solely to conform to the new salary scale.
(j) After June 30, 2011, all rights, duties, or obligations
established under IC 20-28-9-1 before its repeal are considered
rights, duties, or obligations under this section.
SECTION 91. IC 20-29-6-4, AS AMENDED BY P.L.48-2011,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011 (RETROACTIVE)]: Sec. 4. (a) A school employer shall
bargain collectively with the exclusive representative on the following:
(1) Salary.
(2) Wages.
(3) Salary and wage related fringe benefits, including accident,
sickness, health, dental, vision, life, disability, retirement benefits,
and paid time off as permitted to be bargained under
IC 20-28-9-11.
(b) Salary and wages include the amounts of pay increases available
to employees under the salary scale adopted under IC 20-28-9-1,
IC 20-28-9-1.5, but do not include the teacher evaluation procedures
and criteria, or any components of the teacher evaluation plan, rubric,
or tool.
SECTION 92. IC 20-29-6-7, AS AMENDED BY P.L.48-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. A school employer shall discuss with the
exclusive representative of certificated employees the following items:
(1) Curriculum development and revision.
(2)
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.
(10) Hours.
SECTION 93. IC 20-30-5-2, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Each public and nonpublic high school shall provide a required course that is:
(1) not less than one (1) year of school work; and
(2) in the:
(A) historical;
(B) political;
(C) civic;
(D) sociological;
(E) economical; and
(F) philosophical;
aspects of the constitutions of Indiana and the United States.
(b) The state board shall:
(1) prescribe the course described in this section and the course's appropriate outlines; and
(2) adopt the necessary
(c) A high school student may not receive a diploma unless the student has successfully completed the interdisciplinary course described in this section.
SECTION 94. IC 20-30-5-7.5, AS ADDED BY P.L.54-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7.5. (a) This section does not apply to a student who:
(1) is in half-day kindergarten; or
(2) has a medical condition that precludes participation in the daily physical activity provided under this section.
(b) Beginning in the 2006-2007 school year, the governing body of each school corporation shall provide daily physical activity for students in elementary school. The physical activity
SECTION 95. IC 20-30-5-17, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. (a) A school corporation shall make available for inspection by the parent of a student any instructional materials, including:
(1) teachers' manuals;
(2)
(3) films or other video materials;
(4) tapes; and
(5) other materials;
used in connection with a personal analysis, an evaluation, or a survey described in subsection (b).
(b) A student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student's attitudes, habits, traits, opinions, beliefs, or feelings concerning:
(1) political affiliations;
(2) religious beliefs or practices;
(3) mental or psychological conditions that may embarrass the student or the student's family;
(4) sexual behavior or attitudes;
(5) illegal, antisocial, self-incriminating, or demeaning behavior;
(6) critical appraisals of other individuals with whom the student has a close family relationship;
(7) legally recognized privileged or confidential relationships, including a relationship with a lawyer, minister, or physician; or
(8) income (except as required by law to determine eligibility for participation in a program or for receiving financial assistance under a program);
without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student's parent if the student is an unemancipated minor. A parental consent form for a personal analysis, an evaluation, or a survey described in this section
shall accurately reflect the contents and nature of the personal analysis,
evaluation, or survey.
(c) The department and the governing body shall give parents and
students notice of their rights under this section.
(d) The governing body shall enforce this section.
SECTION 96. IC 20-30-8-7, AS AMENDED BY P.L.2-2006,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. The program organizer may
request the approval from the department for the following:
(1) To receive the grant for alternative education programs under
IC 20-20-33.
(2) To be granted waivers from rules adopted by the state board
that may otherwise interfere with the objectives of the alternative
education program, including waivers of:
(A) certain high school graduation requirements;
(B) the length of the student instructional day as set forth in
IC 20-30-2-2;
(C) required curriculum and textbooks; curricular materials;
(D) teacher certification requirements; and
(E) physical facility requirements.
SECTION 97. IC 20-30-9-7, AS AMENDED BY P.L.234-2007,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. The state superintendent may
assist and stimulate school corporations in developing and establishing
bilingual-bicultural educational services and programs specifically
designed to improve educational opportunities for non-English
dominant students. Funds may be used for the following:
(1) To provide educational services not available to the
non-English dominant students in sufficient quantity or quality,
including:
(A) remedial and compensatory instruction, psychological, and
other services designed to assist and encourage non-English
dominant students to enter, remain in, or reenter elementary or
secondary school;
(B) comprehensive academic instruction and career and
technical instruction;
(C) instructional materials (such as library books, textbooks,
curricular materials, and other printed or published or
audiovisual materials) and equipment;
(D) comprehensive guidance, counseling, and testing services;
(E) special education programs for persons with disabilities;
(F) preschool programs; and
(G) other services that meet the purposes of this subdivision.
(2) To establish and operate exemplary and innovative educational programs and resource centers that involve new educational approaches, methods, and techniques designed to enrich programs of elementary and secondary education for non-English dominant students.
SECTION 98. IC 20-30-10-2, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The state board shall adopt the following:
(1) College/technology preparation curriculum models that may include all or part of the
(2) Teacher and staff training to implement the college/technology preparation curriculum models.
(b) The college/technology preparation curriculum models that the state board adopts under subsection (a) must meet the conditions listed in
SECTION 99. IC 20-30-12-1, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The department shall require all school corporations to make available to the school corporation's high school students the technology preparation curriculum developed
SECTION 100. IC 20-31-3-4, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The state superintendent shall appoint an academic standards committee composed of subject area teachers and parents during the period when a subject area is undergoing revision.
SECTION 101. IC 20-31-5-5, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A plan may include a request for a waiver of applicability of a rule or statute to a school.
(b) The governing body may waive any rule adopted by the state board for which a waiver is requested in a plan, except for a rule that is characterized as follows:
(1) The rule relates to the health or safety of students or school personnel.
(2) The rule is a special education rule under 511 IAC 7.
(3) Suspension of the rule brings the school into noncompliance with federal statutes or regulations.
(4) The rule concerns curriculum or
(c) Upon request of the governing body and under a plan, the state board may waive for a school or a school corporation any statute or rule relating to the following:
(1) Curriculum.
(2)
SECTION 102. IC 20-31-8-2, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) In addition to scores on the ISTEP program test and other assessments, the department shall use the performance indicators developed under section 1 of this chapter and the benchmarks and indicators of performance in each school corporation's annual performance report as a secondary means of assessing the
(b) The department shall assess
(1) Compare the academic performance and growth of the individual students in each school and each school corporation with
(2) Compare the results in the annual report under IC 20-20-8 with the benchmarks and indicators of performance established in the plan for the same school.
(3) Compare the results for a school by comparing each student's results for each grade with the student's prior year results, with an adjustment for student mobility rate. The education roundtable shall make recommendations concerning the incorporation of a statistical adjustment for student mobility rates into the results.
(4) Compare the results for a school with the state average and the ninety-fifth percentile level for all assessments and performance indicators.
SECTION 103. IC 20-31-8-3, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. The state board shall establish a number of
categories, or designations of school improvement using an "A"
through "F" grading scale, to designate performance based on the
improvement that a school makes in performance of the measures
determined by the board with the advice of the education roundtable.
The categories or designations must reflect various levels of
improvement. individual student academic performance and growth
to proficiency in each school.
SECTION 104. IC 20-31-8-4, AS ADDED BY P.L.1-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. The state board shall place each school in a
category or designation of school improvement performance based on
the department's findings from the assessment of the improvement of
each school performance and academic growth under section 2 of
this chapter. The state board must place those schools that do not show
improvement and in which less than ninety percent (90%) of the
students meet academic standards in the lowest category or
designation.
SECTION 105. IC 20-31-8-5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Not later than
November 15, 2013, the state board shall establish new categories
or designations of school performance under the requirements of
this chapter to replace 511 IAC 6.2-6. The new standards of
assessing school performance:
(1) must be based on a measurement of individual student
academic performance and growth to proficiency; and
(2) may not be based on a measurement of student
performance or growth compared with peers.
511 IAC 6.2-6 is void on the effective date of the emergency or final
rules adopted under this section.
(b) After July 1, 2013, the state board:
(1) shall adopt rules under IC 4-22-2; and
(2) may adopt emergency rules in the manner provided in
IC 4-22-2-37.1;
to implement this chapter.
(c) An emergency rule adopted under subsection (b) expires on
the earlier of:
(1) November 15, 2014; or
(2) the effective date of a rule that establishes categories or
designations of school improvement described in this section
and supersedes the emergency rule.
(d) Before beginning the rulemaking process to establish new
categories or designations of school improvement, the state board
shall report to the general assembly the proposed new categories
or designations in an electronic format under IC 5-14-6.
SECTION 106. IC 20-31-8-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) This section applies to
a school that has appealed the school's placement in a category or
designation under section 4 of this chapter.
(b) If as a result of an appeal a school's placement in a category
or designation under section 4 of this chapter changes, the
department shall:
(1) change the category or designation in the department's
records;
(2) notify the school of the change; and
(3) disseminate information concerning the change in the
school's placement in the same manner as information
concerning the school's original placement was disseminated.
SECTION 107. IC 20-31-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]:
Chapter 12. School Recognition Programs
Sec. 1. As used in this chapter, "recognition program" refers to
a system by which a school is recognized for the school's
performance, including programs established by statute, rule, or
department policy.
Sec. 2. The department may not establish criteria for a
nonpublic school to be eligible for a recognition program that are
different from the criteria established for a public school of the
same grade levels.
SECTION 108. IC 20-32-5-9, AS ADDED BY P.L.1-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9. (a) As used in this section, "ISTEP program
test" includes any statewide assessment that a student is required
to complete.
(a) (b) After reports of student scores are returned to a school
corporation, the school corporation shall promptly do the following:
(1) Give each student and the student's parent the student's ISTEP
program test scores.
(2) Make available for inspection to each student and the student's
parent the following:
(A) A copy of
(B) A copy of the student's scored
(C) A copy of the anchor papers and scoring rubrics used to score the student's
A student's parent may request a rescoring of a student's responses to
SECTION 109. IC 20-32-5-18 IS REPEALED [EFFECTIVE JULY 1, 2013].
SECTION 110. IC 20-32-5-21, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21. (a) The state board may require schools to participate in national or international assessments.
(b) The state board may establish an assessment to be administered at the conclusion of each Core 40 course in English/language arts, mathematics, social studies, and science. However, participation in a Core 40 assessment established under this subsection must be voluntary on the part of a school corporation.
(c) The state board may establish a diagnostic reading assessment for use in grades 1 and 2 to promote grade level reading competency by grade 3. However, participation in a reading assessment established under this subsection must be voluntary on the part of a school corporation.
(d) The state board may establish assessments to supplement ISTEP assessments for secondary school students.
SECTION 111. IC 20-32-6 IS REPEALED [EFFECTIVE JULY 1, 2013]. (ISTEP Program Citizens' Review Committee).
SECTION 112. IC 20-33-5-3, AS AMENDED BY P.L.73-2011, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If a parent of a child or an emancipated minor who is enrolled in a public school, in kindergarten or grades 1 through 12, meets the financial eligibility standard under section 2 of this chapter, the parent or the emancipated minor may not be required to pay the fees for
(b) The school corporation may apply for a reimbursement under section 7 of this chapter from the department of the costs incurred under subsection (a).
(c) To the extent the reimbursement received by the school corporation is less than the
SECTION 113. IC 20-33-5-7, AS AMENDED BY P.L.229-2011, SECTION 192, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) If a determination is made that the applicant is eligible for assistance, the school corporation shall pay the cost of the student's required fees.
(b) A school corporation shall receive a reimbursement from the department for some or all of the costs incurred by a school corporation during a school year in providing
(c) To be guaranteed some level of reimbursement from the department, the governing body of a school corporation shall request the reimbursement before November 1 of a school year.
(d) In its request, the governing body shall certify to the department:
(1) the number of students who are enrolled in that school corporation and who are eligible for assistance under this chapter;
(2) the costs incurred by the school corporation in providing:
(A)
(B) workbooks, digital content, and consumable
curricular materials (including workbooks, consumable
textbooks, curricular materials, and other consumable
instructional materials that are used in special education and
high ability classes) that are used by students for not more than
one (1) school year; and
(C) instead of the purchase of textbooks, curricular
materials, developmentally appropriate material for
instruction in kindergarten through the grade 3 level,
laboratories, and children's literature programs; and
(D) curricular materials; (as defined in IC 20-20-5.5-1);
(3) that each textbook the curricular materials described in
subdivision (2)(A) (except those textbooks curricular materials
used in special education classes and high ability classes) has
have been adopted by the governing body; and
(4) any other information required by the department.
(e) Each school within a school corporation shall maintain complete
and accurate information concerning the number of students
determined to be eligible for assistance under this chapter. This
information shall be provided to the department upon request.
(f) Parents receiving other governmental assistance or aid that
considers educational needs in computing the entire amount of
assistance granted may not be denied assistance if the applicant's total
family income does not exceed the standards established by this
chapter.
(g) The amount of reimbursement that a school corporation is
entitled to receive shall be determined as provided in section 9.5 of this
chapter.
SECTION 114. IC 20-33-5-9, AS AMENDED BY P.L.229-2011,
SECTION 193, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9. (a) If a parent of a child or an
emancipated minor who is enrolled in an accredited nonpublic school
meets the financial eligibility standard under section 2 of this chapter,
the parent or the emancipated minor may receive a reimbursement from
the department as provided in this chapter for the costs or some of the
costs incurred by the parent or emancipated minor in fees that are
reimbursable under section 7 of this chapter.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the state
board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to the accredited nonpublic school. The accredited nonpublic school shall make a determination of financial eligibility subject to appeal by the parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the department, the principal or other designee shall submit the reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the department:
(1) the number of students who are enrolled in the accredited nonpublic school and who are eligible for assistance under this chapter;
(2) the costs incurred in providing:
(A)
(B) workbooks, digital content, and consumable
(3) that
(4) any other information required by the department.
(h) The amount of reimbursement that a parent or emancipated minor is entitled to receive shall be determined as provided in section 9.5 of this chapter.
(i) The accredited nonpublic school shall distribute the money received under this chapter to the appropriate eligible parents or emancipated minors.
(j) Section
(k) The accredited nonpublic school and the department shall
maintain complete and accurate information concerning the number of
applicants determined to be eligible for assistance under this section.
(l) The state board shall adopt rules under IC 4-22-2 to implement
this section.
SECTION 115. IC 20-33-5-11, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. (a) A school corporation may not:
(1) withhold school books curricular materials and supplies;
(2) require any special services from a child; or
(3) deny the child any benefit or privilege;
because the parent fails to pay required fees.
(b) Notwithstanding subsection (a), a school corporation may take
any action authorized by law to collect unpaid fees from parents who
are determined to be ineligible for assistance, including recovery of
reasonable attorney's fees and court costs in addition to a judgment
award against those parents.
SECTION 116. IC 20-33-5-14, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) The school textbook curricular materials
reimbursement contingency fund is established to reimburse school
corporations, eligible parents of children who attend accredited
nonpublic schools, and emancipated minors who attend accredited
nonpublic schools as provided in section 9 of this chapter for assistance
provided under this chapter. The fund consists of money appropriated
to the fund by the general assembly. The state superintendent shall
administer the fund.
(b) The treasurer of state shall invest the money in the school
textbook curricular materials reimbursement contingency fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
SECTION 117. IC 20-40-8-20, AS AMENDED BY P.L.234-2007,
SECTION 231, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 20. Money in the fund may be
transferred to another fund and used as provided by law. The laws
permitting a transfer of money from the fund include the following:
(1) IC 20-20-10-5 (implementation of technology preparation task
force).
(2) (1) IC 20-40-11-3 (repair and replacement fund).
(3) (2) IC 20-40-12-6 (self-insurance fund).
(4) (3) IC 20-49-4-22 (advance for educational technology
program).
SECTION 118. IC 20-40-9-7, AS ADDED BY P.L.2-2006, SECTION 163, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Money in the fund may be used for payment of all unreimbursed costs of
(b) The governing body may transfer the amount levied to cover unreimbursed costs of
SECTION 119. IC 20-41-1-2, AS ADDED BY P.L.2-2006, SECTION 164, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. Any self-supporting programs maintained by a school corporation, including:
(1) school lunch; and
(2) rental or sale of
may be established as separate funds, separate and apart from the general fund, if no local tax rate is established for the programs.
SECTION 120. IC 20-41-2-2, AS ADDED BY P.L.2-2006, SECTION 164, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. Each township trustee in operating a
(1) The township trustee may supervise and control the program through its school corporation account by establishing a
(2) If
SECTION 121. IC 20-41-2-3, AS ADDED BY P.L.2-2006, SECTION 164, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If a school lunch fund is established under section 1 of this chapter or a
(b) If either program or both programs under sections 1 and 2 of this
chapter are operated through the extracurricular account, the township
trustee shall approve the amount of the bond of the treasurer of the
extracurricular account in an amount the township trustee considers
necessary to protect the account for all funds coming into the hands of
the treasurer.
SECTION 122. IC 20-41-2-5, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A governing body in
operating a textbook curricular materials rental program under
IC 20-26-5-4(12) may use either of the following accounting methods:
(1) The governing body may supervise and control the program
through the school corporation account, establishing a textbook
curricular materials rental fund.
(2) If textbooks curricular materials have not been purchased
and financial commitments or guarantees for the purchases have
not been made by the school corporation, the governing body may
cause the program to be operated by the individual schools of the
school corporation through the school corporation's
extracurricular account or accounts in accordance with
IC 20-41-1.
(b) If the governing body determines that a hardship exists due to
the inability of a student's family to purchase or rent textbooks,
curricular materials, taking into consideration the income of the
family and the demands on the family, the governing body may furnish
textbooks curricular materials to the student without charge, without
reference to the application of any other statute or rule except
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1.
SECTION 123. IC 20-41-2-6, AS ADDED BY P.L.2-2006,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6. (a) If a school lunch fund is
established under section 4 of this chapter and a textbook curricular
materials rental fund is established under section 5 of this chapter, the
receipts and expenditures from a fund for the program to which the
fund relates shall be made to and from the fund without appropriation
or the application of other statutes and rules relating to the budgets of
municipal corporations.
(b) If either the lunch program or textbook the curricular materials
rental program is handled through the extracurricular account, the
governing body of the school corporation shall approve the amount of
the bond of the treasurer of the extracurricular account in an amount
the governing body considers sufficient to protect the account for all
funds coming into the hands of the treasurer of the account.
SECTION 124. IC 20-42-3-10, AS AMENDED BY P.L.3-2008,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 10. The trustee, with the advice and
consent of the township board, shall use the account for the following
educational purposes:
(1) Each year the trustee shall pay, to the parent or legal guardian
of any child whose residence is within the township, the initial
cost for the rental of textbooks curricular materials used in any
elementary or secondary school that has been accredited by the
state. The reimbursement for the rental of textbooks curricular
materials shall be for the initial yearly rental charge only.
Textbooks Curricular materials subsequently lost or destroyed
may not be paid for from this account.
(2) Students who are residents of the township for the last two (2)
years of their secondary education and who still reside within the
township are entitled to receive financial assistance in an amount
not to exceed an amount determined by the trustee and the
township board during an annual review of postsecondary
education fees and tuition costs of education at any accredited
postsecondary educational institution. Amounts to be paid to each
eligible student shall be set annually after this review. The
amount paid each year must be:
(A) equitable for every eligible student without regard to race,
religion, creed, sex, disability, or national origin; and
(B) based on the number of students and the amount of funds
available each year.
(3) A person who has been a permanent resident of the township
continuously for at least two (2) years and who needs educational
assistance for job training or retraining may apply to the trustee
of the township for financial assistance. The trustee and the
township board shall review each application and make assistance
available according to the need of each applicant and the
availability of funds.
(4) If all the available funds are not used in any one (1) year, the
unused funds shall be retained in the account by the trustee for
use in succeeding years.
SECTION 125. IC 20-42.5-2-1, AS ADDED BY P.L.2-2007,
SECTION 240, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. A school corporation
individually, in collaboration with other school corporations, and
through the educational services centers may undertake action to
reduce noninstructional expenditures and allocate the resulting savings
to student instruction and learning. Actions taken under this section
include the following:
(1) Pooling of resources with other school corporations for
liability insurance, property and casualty insurance, worker's
compensation insurance, employee health insurance, vision
insurance, dental insurance, or other insurance, whether by
pooling risks for coverage or for the purchase of coverage, or by
the creation of or participation in insurance trusts, subject to the
following:
(A) School corporations that elect to pool assets for coverage
must create a trust under Indiana law for the assets. The trust
is subject to regulation by the department of insurance as
follows:
(i) The trust must be registered with the department of
insurance.
(ii) The trust shall obtain stop loss insurance issued by an
insurer authorized to do business in Indiana with an
aggregate retention of not more than one hundred
twenty-five percent (125%) of the amount of expected
claims for the following year.
(iii) Contributions by the school corporations must be set at
one hundred percent (100%) of the aggregate retention plus
all other costs of the trust.
(iv) The trust shall maintain a fidelity bond in an amount
approved by the department of insurance. The fidelity bond
must cover each person responsible for the trust for acts of
fraud or dishonesty in servicing the trust.
(v) The trust is subject to IC 27-4-1-4.5 regarding claims
settlement practices.
(vi) The trust shall file an annual financial statement in the
form required by IC 27-1-3-13 not later than March 1 of
each year.
(vii) The trust is not covered by the Indiana insurance
guaranty association created under IC 27-6-8. The liability
of each school corporation is joint and several.
(viii) The trust is subject to examination by the department
of insurance. All costs associated with an examination shall
be borne by the trust.
(ix) The department of insurance may deny, suspend, or revoke the registration of a trust if the commissioner finds that the trust is in a hazardous financial condition, the trust refuses to be examined or produce records for examination, or the trust has failed to pay a final judgment rendered against the trust by a court within thirty (30) days.
(B) The department of insurance may adopt rules under IC 4-22-2 to implement this subdivision.
(2) Electing, as an individual school corporation or as more than one (1) school corporation acting jointly, to aggregate purchases of natural gas commodity supply from any available natural gas commodity seller for all schools included in the aggregated purchases. A rate schedule that is:
(A) filed by a natural gas utility; and
(B) approved by the Indiana utility regulatory commission;
must include provisions that allow a school corporation or school corporations acting jointly to elect to make aggregated purchases of natural gas commodity supplies. Upon request from a school corporation, a natural gas utility shall summarize the rates and charges for providing services to each school in the school corporation on one (1) summary bill for remitting payment to the utility.
(3) Consolidating purchases with other school corporations or units of government of the following:
(A) School buses and other vehicles and vehicle fleets.
(B) Fuel, maintenance, or other services for vehicles or vehicle fleets.
(C) Food services.
(D) Facilities management services.
(E) Transportation management services.
(F)
(G) Any other purchases a school corporation may require.
Purchases may be made by contiguous school corporations, as part of regional consolidated purchasing arrangements, or from consolidated sources under multistate cooperative bidding arrangements.
SECTION 126. IC 20-42.5-3-1, AS ADDED BY P.L.2-2007, SECTION 240, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. The state board shall explore methods, including statewide purchases, to reduce the expense to
school corporations for the purchase of the following:
(1) Textbooks. Curricular materials.
(2) Technology.
(3) School buses and other vehicles.
(4) Other areas of expenses as determined by the state board.
SECTION 127. IC 20-43-9-7 IS REPEALED [EFFECTIVE JULY
1, 2013]. Sec. 7. A school corporation shall compile class size data for
kindergarten through grade 3 and report the data to the department for
purposes of maintaining compliance with this chapter.
SECTION 128. IC 36-1-11-1, AS AMENDED BY HEA 1568-2013,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Except as provided in subsection (b), this
chapter applies to the disposal of property by:
(1) political subdivisions; and
(2) their agencies of political subdivisions.
(b) This chapter does not apply to the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17 or IC 36-7-17.1.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit to an Indiana nonprofit
corporation organized for educational, literary, scientific,
religious, or charitable purposes that is exempt from federal
income taxation under Section 501 of the Internal Revenue Code
or the sale or reletting of that property by the nonprofit
corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The sale, lease, or disposal of property by the health and
hospital corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of textbooks curricular materials that will no
longer be used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental entity; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
Places, as determined by the division of historic preservation
and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental agency; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a political subdivision or an agency of a
political subdivision under IC 5-23.
(24) The disposal of residential real property pursuant to a federal
aviation regulation (14 CFR 150) Airport Noise Compatibility
Planning Program as approved by the Federal Aviation
Administration.
SECTION 129. [EFFECTIVE JANUARY 1, 2013
(RETROACTIVE)] (a) The repeal of IC 6-3.1-15-1 by this act, and
IC 6-3.1-15-12 and IC 6-3.1-15-17, both as amended by this act,
apply to taxable years beginning after December 31, 2012.
(b) This SECTION expires January 1, 2015.
SECTION 130. An emergency is declared for this act.
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:
Time:
HEA 1427
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
