Bill Text: IN SB0305 | 2012 | Regular Session | Introduced
Bill Title: Multiple ADM counts.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-01-11 - Senator Kruse added as second author [SB0305 Detail]
Download: Indiana-2012-SB0305-Introduced.html
Citations Affected: IC 5-2-10.1-10; IC 20-18-2; IC 20-20-13;
IC 20-23-7-12; IC 20-24; IC 20-24.5-2; IC 20-25-12-5; IC 20-26;
IC 20-29-6-12.5; IC 20-40-8-1; IC 20-43; IC 20-45; IC 20-49;
IC 20-51-4-5; IC 21-7-13-5; IC 21-43.
Synopsis: Multiple ADM counts. Provides that: (1) an average daily
membership (ADM) count of students enrolled in a public school in
grades K-12 must be taken during the school year in September and
January; and (2) state tuition support must be distributed based on the
latest count of students. Changes the first month that the September
count affects distributions from January of the following year to
October of the year in which the count is taken. Requires state tuition
support distributions to be made every month rather than every 40 days.
Calculates charter school startup and other advance loans based on a
three month period rather than a six month period. Makes related
changes in various calculations to reflect the change in counting
procedure.
Effective: July 1, 2012.
January 5, 2012, read first time and referred to Committee on Education and Career
Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) The members of the commission are as follows:
(1) The school safety specialist for each school corporation located in whole or in part in the county.
(2) The judge of the court having juvenile jurisdiction in the county or the judge's designee.
(3) The sheriff of the county or the sheriff's designee.
(4) The chief officer of every other law enforcement agency in the county, or the chief officer's designee.
(5) A representative of the juvenile probation system, appointed by the judge described under subdivision (2).
(6) Representatives of community agencies that work with children within the county.
(7) A representative of the Indiana state police district that serves
the county.
(8) A representative of the Prosecuting Attorneys Council of
Indiana who specializes in the prosecution of juveniles.
(9) Other appropriate individuals selected by the commission.
(c) If a commission is established, the school safety specialist of the
school corporation having the largest ADM (as defined in
IC 20-18-2-2), as determined in the fall count of ADM in the school
year ending in the current calendar year, in the county shall convene
the initial meeting of the commission.
(d) The members shall annually elect a chairperson.
(e) A commission shall perform the following duties:
(1) Perform a cumulative analysis of school safety needs within
the county.
(2) Coordinate and make recommendations for the following:
(A) Prevention of juvenile offenses and improving the
reporting of juvenile offenses within the schools.
(B) Proposals for identifying and assessing children who are
at high risk of becoming juvenile offenders.
(C) Methods to meet the educational needs of children who
have been detained as juvenile offenders.
(D) Methods to improve communications among agencies that
work with children.
(E) Methods to improve security and emergency preparedness.
(F) Additional equipment or personnel that are necessary to
carry out safety plans.
(G) Any other topic the commission considers necessary to
improve school safety within the school corporations within
the commission's jurisdiction.
(3) Provide assistance to the school safety specialists on the
commission in developing and requesting grants for safety plans.
(4) Provide assistance to the school safety specialists on the
commission and the participating school corporations in
developing and requesting grants for school safe haven programs
under section 7 of this chapter.
(5) Assist each participating school corporation in carrying out
the school corporation's safety plans.
(f) The affirmative votes of a majority of the voting members of the
commission are required for the commission to take action on a
measure.
IC 20-43-1-6. except as otherwise provided by law, refers to the fall
count of eligible pupils under IC 20-43-4-3 conducted in the school
year ending in the current calendar year.
(1) a calendar year ending before January 1, 2013, in the fall count of students in the school year ending in the current calendar year; and
(2) a calendar year ending after December 31, 2012, in the spring count of students in the school year ending in the current calendar year.
The amount is one hundred dollars ($100). However, for the purposes of determining the current ADM of a school corporation, students who are transferred under IC 20-33-4 or IC 20-26-11 shall be counted as students having legal settlement in the transferee corporation and not having legal settlement in the transferor corporation.
School for the Blind and Visually Impaired established by IC 20-21-2-1
and the Indiana School for the Deaf established by IC 20-22-2-1 shall
be considered to have the lowest assessed valuation for property tax
purposes per student in current ADM during the six (6) year period
beginning July 1, 2001.
(b) The department must prepare a revised list under subsection (a)
before a new series of grants may begin.
(c) The department shall determine those school corporations to be
placed in a group to receive a grant in a fiscal year under sections 13
through 24 of this chapter as follows:
(1) Beginning with the school corporation that is first on the list
developed under subsection (a), the department shall continue
sequentially through the list and place school corporations that
qualify for a grant under section 15 of this chapter in a group until
the cumulative total current ADM of all school corporations in
the group depletes the money that is available for grants in the
fiscal year.
(2) Each fiscal year the department shall develop a new group by
continuing sequentially through the list beginning with the first
qualifying school corporation on the list that was not placed in a
group in the prior fiscal year.
(3) If the final group developed from the list contains substantially
fewer students in current ADM than available money, the
department shall:
(A) prepare a revised list of school corporations under
subsection (a); and
(B) place in the group qualifying school corporations from the
top of the revised list.
(4) The department shall label the groups with sequential
numbers beginning with "group one".
(b) As used in this section, "school township" means a school township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the township trustee and the township board under subsection (g);
had
kindergarten through grade 12 in the public schools of the school
township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township
trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school district
created under this section shall have the same boundaries as the school
township. After a district has been created under this section, the
school township that preceded the metropolitan school district is
abolished. The procedures or provisions governing the creation of a
metropolitan school district under another section of this chapter do not
apply to the creation of a district under this section. After a
metropolitan school district is created under this section, the district
shall, except as otherwise provided in this section, be governed by and
operate in accordance with this chapter governing the operation of a
metropolitan school district as established under section 2 of this
chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of the
township board shall adopt a resolution that a metropolitan school
district shall be created in the school township. The township
trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a newspaper
of general circulation published in the school township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of the
notice under subdivision (1) and if a protest has not been filed, the
township trustee and a majority of the township board shall
confirm their preliminary resolution. If, however, on or before the
twenty-ninth day after the date of the last publication of the
notice, a number of registered voters of the school township,
equal to five percent (5%) or more of the number of votes cast in
the school township for secretary of state at the last preceding
general election for that office, sign and file with the township
trustee a petition requesting an election in the school township to
determine whether or not a metropolitan school district must be
created in the township in accordance with the preliminary
resolution, then an election must be held as provided in
subsection (h). The preliminary resolution and confirming
resolution provided in this subsection shall both be adopted at a
meeting of the township trustee and township board in which the
township trustee and each member of the township board received
or waived a written notice of the date, time, place, and purpose of
the meeting. The resolution and the proof of service or waiver of
the notice shall be made a part of the records of the township
board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for that
office, shall sign and file with the township trustee a petition
requesting the creation of a metropolitan school district under this
section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed as
provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the district.
(3) If either the township trustee or a majority of township board
members vote in favor of disapproving the resolution, an election
must be held to determine whether or not a metropolitan school
district shall be created in the school township in the same
manner as is provided in subsection (f) if an election is requested
by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or in
conjunction with a primary or general election to be held not more than
one hundred twenty (120) days after the filing of a petition under
subsection (f) or the adoption of the disapproving resolution under
subsection (g). The township trustee shall certify the question to the
county election board under IC 3-10-9-3 and give notice of an election:
(1) by two (2) publications one (1) week apart in a newspaper of
general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist, in
a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice, the
polls shall be opened at the usual voting places in the various precincts
in the school township for the purpose of taking the vote of the
registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more than
thirty (30) days after the last publication of the notice unless a primary
or general election will be conducted not more than six (6) months after
the publication. In that case, the county election board shall place the
public question on the ballot at the primary or general election. If the
election is to be a special election, the township trustee shall give
notice not more than thirty (30) days after the filing of the petition or
the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether a
metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this chapter.
The county election board shall conduct the election. The public
question shall be placed on the ballot in the form prescribed by
IC 3-10-9-4 and must state, "Shall a metropolitan school district under
IC 20-23-7 be formed in the ____________ School Township of
_____________ County, Indiana?". The name of the school township
shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in the
school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the township
board and recorded with the county recorder. If the special election is
not conducted at a primary or general election, the school township
shall pay the expense of holding the election out of the school general
fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption of
the confirming resolution under subsection (f) or an election held under
subsection (h). If a public official fails to do the official's duty within
the time prescribed in this section, the failure does not invalidate the
proceedings taken under this section. An action to contest the validity
of the creation of a metropolitan school district under this section or to
enjoin the operation of a metropolitan school district may not be
instituted later than the thirtieth day following the date of the adoption
of the confirming resolution under subsection (f) or of the election held
under subsection (h). Except as provided in this section, an election
under this subsection may not be held sooner than twelve (12) months
after another election held under subsection (h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5) members.
The township trustee and the township board members are ex officio
members of the first board, subject to the laws concerning length of
their respective terms of office, manner of election or appointment, and
the filling of vacancies applicable to their respective offices. The ex
officio members serve without compensation or reimbursement for
expenses, other than that which they may receive from their respective
offices. The township board shall, by a resolution recorded in its
records, appoint the fifth member of the metropolitan board of
education. The fifth member shall meet the qualifications of a member
of a metropolitan board of education under this chapter, with the
exception of the board member district requirements provided in
sections 4, 5, and 8.1 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected, on
a date established by the township board in the resolution in which it
appoints the fifth board member. The first board shall serve until
January 1 following the election of a metropolitan school board at the
first general election held more than sixty (60) days following the
creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and perform
the duties on the county board of education that were previously
performed by the township trustee. The metropolitan school board and
superintendent of the district may call upon the assistance of and use
the services provided by the county superintendent of schools. This
subsection does not limit or take away the powers, rights, privileges, or
duties of the metropolitan school district or the board or superintendent
of the district provided in this chapter.
(1) The number of students enrolled in the charter school.
(2) The name and address of each student.
(3) The name of the school corporation in which the student has legal settlement.
(4) The name of the school corporation, if any, that the student attended during the immediately preceding school year.
(5) The grade level in which the student will enroll in the charter school.
The department shall verify the accuracy of the information reported.
(b) This subsection applies
(b) Beginning not more than sixty (60) days after the department receives the information reported under section 2(a) of this chapter, the department shall distribute to the organizer:
(1) tuition support and other state funding for any purpose for students enrolled in the conversion charter school;
(2) a proportionate share of state and federal funds received:
(A) for students with disabilities; or
(B) for staff services for students with disabilities;
enrolled in the conversion charter school; and
(3) a proportionate share of funds received under federal or state categorical aid programs for students who are eligible for the
federal or state categorical aid and are enrolled in the conversion
charter school;
for the second six (6) months third quarter of the calendar year in
which the conversion charter school is established. The department
shall make a distribution under this subsection at the same time and in
the same manner as the department makes a distribution to the
governing body of the school corporation in which the conversion
charter school is located. A distribution to the governing body of the
school corporation in which the conversion charter school is located is
reduced by the amount distributed to the conversion charter school.
This subsection does not apply to a conversion charter school after
December 31 of the calendar year in which the conversion charter
school is established.
(c) This subsection applies during the second six (6) months third
quarter of the calendar year in which a conversion charter school is
established. A conversion charter school may apply for an advance
from the charter school advancement account under IC 20-49-7. in the
amount determined under STEP FOUR of the following formula:
STEP ONE: Determine the result under subsection (d) STEP
ONE (A).
STEP TWO: Determine the difference between:
(A) the conversion charter school's current ADM minus
(B) the STEP ONE amount.
STEP THREE: Determine the quotient of:
(A) the STEP TWO amount; divided by
(B) the conversion charter school's current ADM.
STEP FOUR: Determine the product of:
(A) the STEP THREE amount; multiplied by
(B) the quotient of:
(i) the subsection (d) STEP TWO amount; divided by
(ii) two (2).
(1) State tuition support and other state distributions to the school corporation.
(2) Any other amount deposited in the school corporation's
general fund.
(b) The total amount that may be transferred under subsection (a) in
a calendar year to a particular conversion charter school may not
exceed the result determined under STEP FOUR of the following
formula:
STEP ONE: Determine the result of:
(A) the amount of state tuition support that the school
corporation is eligible to receive in the calendar year; divided
by
(B) the current fall count of ADM of the school corporation
for conducted in the current calendar year.
STEP TWO: Determine the result of:
(A) the amount of state tuition support that the conversion
charter school is eligible to receive in the calendar year;
divided by
(B) the current fall count of ADM of the conversion charter
school for conducted in the current calendar year.
STEP THREE: Determine the greater of zero (0) or the result of:
(A) the STEP ONE amount; minus
(B) the STEP TWO amount.
STEP FOUR: Determine the result of:
(A) the STEP THREE amount; multiplied by
(B) the current fall count of ADM of the conversion charter
school for conducted in the current calendar year.
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b)
support.
(d) (c) After December 31, 2011, a virtual charter school is entitled
to receive funding in a month from the state in an amount equal to the
sum of:
(1) the product of:
(A) the number of students included in the virtual charter
school's current ADM; multiplied by
(B) the result of:
(i) eighty-seven and five-tenths percent (87.5%) of the
school's foundation amount determined under IC 20-43-5-4;
divided by
(ii) twelve (12); plus
(2) the total of any special education grants under IC 20-43-7 to
which the virtual charter school is entitled for the month.
After December 31, 2011, a virtual charter school is entitled to receive
special education grants under IC 20-43-7 calculated in the same
manner as special education grants are calculated for other school
corporations.
(d) The department shall adopt rules under IC 4-22-2 to govern the
operation of virtual charter schools.
(e) Beginning in 2009, the department shall before December 1 of
each year submit an annual report to the budget committee concerning
the program under this section.
(f) This subsection does not apply to students who were enrolled in
a virtual charter school during the 2010-2011 school year. Each school
year, at least sixty percent (60%) of the students who are enrolled in
virtual charter schools under this section for the first time must have
been included in the state's fall count of ADM count for conducted in
the previous school year.
(1) the amount of basic tuition support determined for the charter school under IC 20-43-6-3 for October in the calendar year
(2)
The grant shall be paid from the charter school facilities assistance fund established by IC 20-24-12.
SECTION 464, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 10. A laboratory school that:
(1) is operated without an agreement; and
(2) has an ADM in the fall count of a school year of not more
than seven hundred fifty (750);
must be treated as a charter school for purposes of funding under
IC 20-20-33 and IC 20-43.
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law. However, a governing body may not use funds received from the state to bring or join in an action against the state, unless the governing body is challenging an adverse decision by a state agency, board, or commission.
(2) To take charge of, manage, and conduct the educational affairs of the school corporation and to establish, locate, and provide the necessary schools, school libraries, other libraries where permitted by law, other buildings, facilities, property, and equipment.
(3) To appropriate from the school corporation's general fund an amount, not to exceed the greater of three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve thousand five hundred dollars ($12,500), based on
the school corporation's ADM for the previous year's ADM, year
(as defined in IC 20-43-1-7) 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.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. In accordance with IC 20-26-17, to:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
(1) a nonprofit corporation that operates a federally approved education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are certified by the department;
(C) employs other professionally and state licensed staff as appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a public school in that school corporation and have been found to have an emotional disturbance;
(ii) have been placed with the nonprofit corporation by court order;
(iii) have been referred by a local health department;
(iv) have been placed in a state licensed private or public health care or child care facility as described in section 8 of this chapter; or
(v) have been placed by or with the consent of the department under IC 20-35-6-2;
in order to provide a student with an individualized education program
that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon that may
not exceed the total of:
(1) the transfer tuition costs for the student that otherwise would
be payable to the transferee corporation; and
(2) a proportionate amount of any state or local distributions to
the transferee corporation that are computed in any part using
current ADM or any other student count in which the student is
included, if the transferee corporation includes the student in the
transferee corporation's current ADM for a school year. the
period in which the student is being educated by the nonprofit
corporation.
(c) If a school corporation that is a transferor corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon, which
may not exceed the total of:
(1) the transfer tuition costs that otherwise would be payable to a
transferee school corporation; and
(2) a proportionate amount of any state or local distributions to
the transferor corporation that are computed in any part using
current ADM or any other student count in which the student is
included, if the transferor corporation includes the student in the
transferor corporation's ADM for a school year. the period in
which the student is being educated by the nonprofit
corporation.
(1) "Class of school" refers to a classification of each school or program in the transferee corporation by the grades or special programs taught at the school. Generally, these classifications are denominated as kindergarten, elementary school, middle school or junior high school, high school, and special schools or classes, such as schools or classes for special education, career and technical education, or career education.
(2) "Special equipment" means equipment that during a school year:
(A) is used only when a child with disabilities is attending school;
(B) is not used to transport a child to or from a place where the child is attending school;
(C) is necessary for the education of each child with disabilities that uses the equipment, as determined under the individualized education program for the child; and
(D) is not used for or by any child who is not a child with disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through grade 12 who are enrolled in a transferee school corporation on a date determined by the state board.
(B) The total number of students enrolled in a class of school in a transferee school corporation on a date determined by the state board.
However, a kindergarten student shall be counted under clauses (A) and (B) as one-half (1/2) student. The state board may select a different date for counts under this subdivision. However, the same date shall be used for all school corporations making a count for the same class of school.
(b) Each transferee corporation is entitled to receive for each school year on account of each transferred student, except a student transferred under section 6 of this chapter, transfer tuition from the transferor corporation or the state as provided in this chapter. Transfer tuition equals the amount determined under STEP THREE of the following formula:
STEP ONE: Allocate to each transfer student the capital expenditures for any special equipment used by the transfer student and a proportionate share of the operating costs incurred by the transferee school for the class of school where the transfer student is enrolled.
STEP TWO: If the transferee school included the transfer student in the transferee school's current ADM,
(A) State tuition support distributions.
(B) Property tax levies under IC 20-45-7 and IC 20-45-8.
(C) The sum of the following excise tax revenue received for deposit in the calendar year in which the school year begins:
(i) Financial institution excise tax revenue (IC 6-5.5).
(ii) Motor vehicle excise taxes (IC 6-6-5).
(iii) Commercial vehicle excise taxes (IC 6-6-5.5).
(iv) Boat excise tax (IC 6-6-11).
(v) Aircraft license excise tax (IC 6-6-6.5).
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from the STEP ONE amount.
If a child is placed in an institution or facility in Indiana by or with the approval of the department of child services, the institution or facility shall charge the department of child services for the use of the space within the institution or facility (commonly called capital costs) that is used to provide educational services to the child based upon a prorated per student cost.
(c) Operating costs shall be determined for each class of school where a transfer student is enrolled. The operating cost for each class of school is based on the total expenditures of the transferee corporation for the class of school from its general fund expenditures as specified in the classified budget forms prescribed by the state board of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made from extracurricular account receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment during at least part of the school year.
(e) When an item of expense or cost described in subsection (c) cannot be allocated to a class of school, it shall be prorated to all classes of schools on the basis of the student enrollment of each class in the transferee corporation compared with the total student enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each school year by dividing:
(1) the transferee school corporation's operating costs for the class of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for less than the full school year of student attendance, the transfer tuition shall be calculated by the part of the school year for which the transferred student is enrolled. A school year of student attendance consists of the number of days school is in session for student attendance. A student, regardless of the student's attendance, is enrolled in a transferee school unless the student is no longer entitled to be transferred because of a change of residence, the student has been excluded or expelled from school for the balance of the school year or for an indefinite period, or the student has been confirmed to have withdrawn from school. The transferor and the transferee corporation may enter into written agreements concerning the amount of transfer tuition due in any school year. If an agreement cannot be reached, the amount shall be determined by the state board, and costs may be established, when in dispute, by the state board of accounts.
(g) A transferee school shall allocate revenues described in subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received during a period; by
(2) the current ADM of the transferee school for the
However, for state tuition support distributions or any other state distribution computed using less than the total current ADM of the transferee school, the transferee school shall allocate the revenues to the transfer student by dividing the revenues that the transferee school is eligible to receive
(h) Instead of the payments provided in subsection (b), the transferor corporation or state owing transfer tuition may enter into a long term contract with the transferee corporation governing the transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years with an option to renew;
(2) specify a maximum number of students to be transferred; and
(3) fix a method for determining the amount of transfer tuition and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) A school corporation may negotiate transfer tuition agreements
with a neighboring school corporation that can accommodate additional
students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition or
time of payment that is different from the method, amount, or
time of payment that is provided in this section or section 14 of
this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent.
(1) operating cost; and
(2) capital cost.
These costs must be allocated on a per student basis separately for each class of school.
(b) The operating cost for each class of school must be based on the total expenditures of the transferee corporation for the class from its general fund expenditures as set out on the classified budget forms prescribed by the state board of accounts, excluding from the calculation capital outlay, debt service, costs of transportation, salaries of board members, contracted service for legal expenses and any expenditure that is made out of the general fund from extracurricular account receipts, for the school year.
(c) The capital cost for each class of school must consist of the lesser of the following alternatives:
(1) The capital cost must be based on an amount equal to five percent (5%) of the cost of transferee corporation's physical plant, equipment, and all items connected to the physical plant or equipment, including:
(A) buildings, additions, and remodeling to the buildings, excluding ordinary maintenance; and
(B) on-site and off-site improvements such as walks, sewers, waterlines, drives, and playgrounds;
that have been paid or are obligated to be paid in the future out of the general fund, capital projects fund, or debt service fund, including principal and interest, lease rental payments, and funds that were legal predecessors to these funds. If an item of the
physical plant, equipment, appurtenances, or part of the item is
more than twenty (20) years old at the beginning of the school
year, the capital cost of the item shall be disregarded in making
the capital cost computation.
(2) The capital cost must be based on the amount budgeted from
the general fund for capital outlay for physical plant, equipment,
and appurtenances and the amounts levied for the debt service
fund and the capital projects fund for the calendar year in which
the school year ends.
(d) If an item of expense or cost cannot be allocated to a class of
school, the item shall be prorated to all classes of schools on the basis
of the ADM of each class in the transferee corporation, as determined
in the fall count of ADM in the school year, compared to the total
current ADM therein, as determined in the fall count of ADM in the
school year.
(e) The transfer tuition for each student transferred for each school
year shall be calculated by dividing the transferee school corporation's
total operating costs and the total capital costs for the class of school
in which the student is enrolled by the ADM of students therein, as
determined in the fall count of ADM in the school year. If a
transferred student is enrolled in a transferee corporation for less than
the full school year, the transfer tuition shall be calculated by the
proportion of such school year for which the transferred student is
enrolled. A school year for this purpose consists of the number of days
school is in session for student attendance. A student shall be enrolled
in a transferee school, whether or not the student is in attendance,
unless the:
(1) student's residence is outside the area of students transferred
to the transferee corporation;
(2) student has been excluded or expelled from school; or
(3) student has been confirmed as a school dropout.
The transferor and transferee corporations may enter into written
agreements concerning the amount of transfer tuition. If an agreement
cannot be reached, the amount shall be determined by the state
superintendent, with costs to be established, where in dispute, by the
state board of accounts.
(f) The transferor corporation shall pay the transferee corporation,
when billed, the amount of book rental due from transferred students
who are unable to pay the book rental amount. The transferor
corporation is entitled to collect the amount of the book rental from the
appropriate township trustee, from its own funds, or from any other
source, in the amounts and manner provided by law.
(b) A school corporation in which a student had legal settlement for at least two (2) consecutive years as described in subsection (a):
(1) shall allow the student to attend an appropriate school within the school corporation in which the student formerly resided;
(2) may not request the payment of transfer tuition for the student from the school corporation in which the student currently resides and has legal settlement or from the student's parent; and
(3) shall include the student in the school corporation's current ADM;
if the principal and superintendent in both school corporations jointly agree to enroll the student in the school.
(c) If a student enrolls under this section in a school described in subsection (b)(1), the student's parent must provide for the student's transportation to school.
(d) A student to whom this section applies may not enroll primarily for athletic reasons in a school in a school corporation in which the student does not have legal settlement. However, a decision to allow a student to enroll in a school corporation in which the student does not have legal settlement is not considered a determination that the student did not enroll primarily for athletic reasons.
(b) Within thirty (30) days after the date of the
determined for the calendar year using the fall count of ADM for the school corporation in the school year ending in the calendar year.
(1) for previous years ending before January 1, 2013, the initial computed ADM for the school year ending in the preceding calendar year (as adjusted under IC 20-43-4-2); and
(2) for previous years ending after December 31, 2012, the number of eligible pupils counted on the count date that is effective for the month in which a calculation using the term is applied, as subsequently adjusted (if applicable) under IC 20-43-4-2.
(1) for distributions made under this article before October 1, 2012, the
(2) for distributions made under this article after September 30, 2012, the number of eligible pupils enrolled in a school
corporation as:
(A) determined in the most recent count of eligible pupils
conducted and in effect (as determined by the department
under IC 20-43-4-9) for the school year under
IC 20-43-4-3; and
(B) subsequently adjusted (if applicable) under
IC 20-43-4-2.
(1) for at least twelve (12) payments;
(2) that one (1) payment shall be made
(3) the total of the payments in each calendar year must equal the amount required under this article.
(1) the school corporation; or
(2) a transferee corporation;
on
[EFFECTIVE JULY 1, 2012]: Sec. 3. (a) Subject to subsection (b),
the initial day of the state board shall make an ADM count must fall:
of the eligible pupils enrolled in each school corporation two (2)
times each within the first thirty (30) days of the school year, with one
(1) count date occurring in each of the following periods:
(1) On a day fixed by the state board in the month of
September.
(2) On a day fixed by the state board in the month of January.
(b) However, if extreme patterns of:
(1) student in-migration;
(2) illness;
(3) natural disaster; or
(4) other unusual conditions in a particular school corporation's
enrollment;
on either the a count day fixed by the state board or on the subsequent
adjustment date cause the enrollment to be unrepresentative of the
school corporation's enrollment, throughout a school year, the state
board may designate another day for determining the school
corporation's enrollment.
(1) before December 2 of that same year; and
(2) before April 2 of the following calendar year;
make an adjusted count of students enrolled in programs for children with disabilities The state superintendent shall certify the December adjusted count to the budget committee before February 5 of the following year and the April adjusted count not later than May 31 immediately after the date of the April adjusted count. The state board may adjust the school's count of students enrolled in programs for children with disabilities if the state board determines that the count is unrepresentative of the school corporation's enrollment.
(b) The department shall distribute special education grants under IC 20-43-7 using only the count specified in IC 20-43-7-1.
SECTION 239, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 6. (a) In determining ADM, each
pupil enrolled in a public school and a nonpublic school is to be
counted on a full-time equivalency basis if the pupil:
(1) is enrolled in a public school and a nonpublic school;
(2) has legal settlement in a school corporation; and
(3) receives instructional services from the school corporation.
(b) For purposes of this section, full-time equivalency is calculated
as follows:
STEP ONE: Determine the result of:
(A) the number of days instructional services will be provided
to the pupil, not to exceed one hundred eighty (180); divided
by
(B) one hundred eighty (180).
STEP TWO: Determine the result of:
(A) the pupil's public school instructional time (as defined in
IC 20-30-2-1); divided by
(B) the actual public school regular instructional day (as
defined in IC 20-30-2-2).
STEP THREE: Determine the result of:
(A) the STEP ONE result; multiplied by
(B) the STEP TWO result.
STEP FOUR: Determine the lesser of one (1) or the result of:
(A) the STEP THREE result; multiplied by
(B) one and five hundredths (1.05).
However, the state board may, by rule adopted under IC 4-22-2,
specify an equivalent formula if the state board determines that the
equivalent formula would more accurately reflect the instructional
services provided by a school corporation during a period that a
particular ADM count is in effect for the school corporation.
(b) A count of ADM conducted after July 1, 2012, takes effect and applies to state tuition support distributions made in a month after the month in which the count is conducted and before the next count of ADM takes effect.
(c) If the state board adjusts a count of ADM after the date the count takes effect, the adjusted count retroactively applies to the amount of state tuition support distributed to a school corporation affected by the adjusted count. The department shall settle any overpayment or underpayment of state tuition support resulting from an adjusted count of ADM on the schedule determined by the department.
STEP ONE: The STEP ONE amount is:
(A) in 2012, four thousand two hundred eighty dollars ($4,280); and
(B) in 2013, four thousand four hundred five dollars ($4,405).
STEP TWO: Multiply the STEP ONE amount by the school corporation's complexity index.
STEP THREE: Determine the sum of the STEP TWO amount and the following:
(A) Zero dollars ($0), if the school corporation's current ADM is less than five hundred (500).
(B) One hundred fifty dollars ($150), if the school corporation's current ADM is at least five hundred (500) and is not more than one thousand (1,000).
(C) The result of one hundred fifty thousand dollars ($150,000) divided by the school corporation's current ADM, if the school corporation's current ADM is more than one thousand (1,000).
(1) the school corporation's previous year revenue; divided by
(2) the school corporation's
STEP ONE: Determine the difference of:
(A) the school corporation's foundation amount; minus
(B) the lesser of:
(i) the school corporation's previous year revenue foundation amount; or
(ii) the result of the school corporation's foundation amount multiplied by one and two-tenths (1.2).
STEP TWO: A school corporation's STEP TWO amount is the following:
(A) For a charter school located outside Marion County that has previous year revenue that is not greater than zero (0), the charter school's STEP TWO amount is the quotient of:
(i) the school corporation's transition to foundation revenue
(ii) the school corporation's current ADM.
(B) For a charter school located in Marion County that has previous year revenue that is not greater than zero (0), the charter school's STEP TWO amount is the weighted average of the transition to foundation revenue for the school corporations where the students counted in the current ADM of the charter school have legal settlement, as determined under item (iv) of the following formula:
(i) Determine the transition to foundation revenue for each school corporation where a student counted in the current ADM of the charter school has legal settlement.
(ii) For each school corporation identified in item (i), divide the item (i) amount by the school corporation's current ADM.
(iii) For each school corporation identified in item (i), multiply the item (ii) amount by the number of students counted in the current ADM of the charter school that have legal settlement in the particular school corporation.
(iv) Determine the sum of the item (iii) amounts for the charter school.
(C) The STEP TWO amount for a school corporation that is not a charter school described in clause (A) or (B) is the following:
(i) The school corporation's foundation amount
(ii) The amount determined under subsection (b), if the school corporation's STEP ONE amount is less than zero (0).
(b) For the purposes of STEP TWO (C)(ii) in subsection (a), determine the result of:
(1) the result determined for the school corporation under STEP ONE (B) of subsection (a); minus
(2) the result of:
(A) the absolute value of the STEP ONE amount; divided by
(B) seven (7) in 2012 and six (6) in 2013.
(1) the school corporation's transition to foundation amount;
(2) the school corporation's current ADM.
(b) The school corporation's basic tuition support for a
(1) school corporation's transition to foundation revenue;
(2) twelve (12).
(c) This subsection applies to students of a virtual charter school. A virtual charter school's basic tuition support for a
STEP ONE: Determine the applicable target pupil/teacher ratio for the school corporation as follows:
(A) If the school corporation's complexity index is less than one and one-tenth (1.1), the school corporation's target
pupil/teacher ratio is eighteen to one (18:1).
(B) If the school corporation's complexity index is at least one
and one-tenth (1.1) but less than one and three-tenths (1.3), the
school corporation's target pupil/teacher ratio is fifteen (15)
plus the result determined in item (iii) to one (1):
(i) Determine the result of one and three-tenths (1.3) minus
the school corporation's complexity index.
(ii) Determine the item (i) result divided by two-tenths (0.2).
(iii) Determine the item (ii) result multiplied by three (3).
(C) If the school corporation's complexity index is at least one
and three-tenths (1.3), the school corporation's target
pupil/teacher ratio is fifteen to one (15:1).
STEP TWO: Determine the result of:
(A) the current ADM of the school corporation in
kindergarten through grade 3; for the current school year;
divided by
(B) the school corporation's applicable target pupil/teacher
ratio, as determined in STEP ONE.
STEP THREE: Determine the result of:
(A) the basic tuition support for the year month multiplied by
seventy-five hundredths (0.75); nine (9); divided by
(B) the school corporation's current ADM.
STEP FOUR: Determine the result of:
(A) the STEP THREE result; multiplied by
(B) the current ADM of the school corporation in
kindergarten through grade 3. for the current school year.
STEP FIVE: Determine the result of:
(A) the STEP FOUR result; divided by
(B) the staff cost amount.
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP TWO amount; minus
(B) the STEP FIVE amount.
STEP SEVEN: Determine the result of:
(A) the STEP SIX amount; multiplied by
(B) the staff cost amount.
STEP EIGHT: Determine the greater of the STEP SEVEN amount
or:
(A) for 2012, fifty percent (50%) of the school corporation's
guaranteed primetime amount; or
(B) for 2013, zero (0).
STEP NINE: A school corporation's amount under this STEP is
the following:
(A) If the amount the school corporation received under this chapter in the previous calendar year is greater than zero (0), the amount under this STEP is the lesser of:
(i) the STEP EIGHT amount; or
(ii) the amount the school corporation received under this chapter for the previous calendar year multiplied by one hundred seven and one-half percent (107.5%).
(B) If the amount the school corporation received under this chapter in the previous calendar year is not greater than zero (0), the amount under this STEP is the STEP EIGHT amount.
(1) the consolidated ADA ratio of the qualified school corporations;
(2) the number of pupils in current ADM of each qualified school corporation for the immediately preceding school year, as determined:
(A) for a calendar year ending before January 1, 2013, in the fall count of ADM for the school year ending in the calendar year; and
(B) for a calendar year ending after December 31, 2012, in the spring count of ADM for the school year ending in the calendar year; and
(3) an estimate of these statistics for the succeeding school year.
(1) the amount of its entitlement for calendar year 2000 from the tax levied under this chapter; or
(2) an amount equal to twenty-seven dollars and fifty cents ($27.50) times its current ADM as determined in the fall count of ADM conducted in the school year ending in the current calendar year.
(1) for a calendar year ending before January 1, 2013, the fall count of ADM in grades 1 through 12 residing in each qualified school corporation for the
(2) for a calendar year ending after December 31, 2012, the spring count of ADM in grades 1 through 12 residing in each qualified school corporation for the school year ending in the calendar year.
(b) Upon the receipt of the information, the county auditor shall compute the amount to be distributed to each of the qualified school corporations from the receipts of the tax levy, based on the formula set forth in this chapter.
(c) The county auditor shall annually issue a warrant to the county treasurer ordering the payment to the respective qualified school corporations the various amounts in the fund at each semiannual tax settlement period during the year in which the tax has been collected.
(d) The qualified school corporations and the proper officials and employees of the qualified school corporations shall receive the receipts distributed by the county treasurer in the same manner as other tax receipts are received.
(b) The amount is the total of the entitlements of all qualified school corporations.
(c) The entitlement of each qualified school corporation calculated in a calendar year is an amount equal to the result determined under STEP TWO of the following formula:
STEP ONE: Calculate the quotient of:
(A) the total amount deposited in the fund in calendar year 1979 or the first year in which a deposit was made, whichever is later; divided by
(B) for:
(i) a calendar year ending before January 1, 2013, the total ADM of the immediately preceding school year of qualified school corporations that received money from the fund in 1979, as determined in the fall count of ADM for the school year ending in the immediately preceding calendar year; and
(ii) a calendar year beginning after December 31, 2012, the total ADM of the immediately preceding school year of qualified school corporations that received money from the fund in 1979, as determined in the spring count of ADM for the school year ending in the immediately preceding calendar year.
STEP TWO: Calculate the product of:
(A) the STEP ONE result; multiplied by
(B) for:
(i) a calendar year ending before January 1, 2013, the ADM of the immediately preceding school year of the qualified school corporation that received money from the fund in 1979, as determined in the fall count of ADM for the school year ending in the immediately preceding calendar year; and
(ii) a calendar year beginning after December 31, 2012, the total ADM of the immediately preceding school year of qualified school corporations that received money from the fund in 1979, as determined in the spring count of ADM for the school year ending in the immediately preceding calendar year.
(1) that sustained a loss from a disaster;
(2) whose adjusted assessed valuation (as determined under IC 6-1.1-34-8) per current ADM is within the lowest forty percent (40%) of the assessed valuation per current ADM when compared with all school corporation adjusted assessed valuation (as adjusted (if applicable) under IC 6-1.1-34-8) per current ADM; or
(3) with an advance under this chapter outstanding on July 1, 1993, that bears interest of at least seven and one-half percent (7.5%).
The term does not include facilities used or to be used primarily for interscholastic or extracurricular activities.
[EFFECTIVE JULY 1, 2012]: Sec. 4. As used in this chapter,
"operational costs" means costs other than construction costs incurred
by:
(1) a charter school, other than a conversion charter school,
during the second six (6) months third quarter of the calendar
year in which the charter school begins its initial operation; or
(2) a charter school, including a conversion charter school, during
the second six (6) months third quarter of a calendar year in
which the charter school's most recent enrollment reported under
IC 20-24-7-2(a) divided by the charter school's ADM for the
third quarter of the previous year's ADM year is at least one
and fifteen-hundredths (1.15).
STEP ONE: Determine the product of:
(A) the charter school's enrollment reported under IC 20-24-7-2(a) for the fall count of eligible pupils; multiplied by
(B) the charter school's transition to foundation amount.
STEP TWO: Determine the quotient of:
(A) the STEP ONE amount; divided by
(B)
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one and fifteen-hundredths (1.15).
STEP ONE: Determine the
(A) the charter school's transition to foundation amount; divided by
(B)
STEP TWO: Determine the difference between:
(A) the charter school's current ADM based on the fall count of ADM for the year of the distribution; minus
(B) the charter school's current ADM
STEP THREE: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the STEP TWO amount.
STEP FOUR: Determine the product of:
(A) the STEP THREE amount; multiplied by
(B) one and fifteen-hundredths (1.15).
STEP ONE: Determine the school corporation in which the eligible individual has legal settlement.
STEP TWO: Determine the amount of state tuition support that the school corporation identified under STEP ONE
(A) for a calendar year ending before January 1, 2013, the fall count of eligible students conducted in the school corporation in the school year ending in the calendar year were used to compute the state tuition support distribution to the school corporation for the entire calendar year; and
(B) for a calendar year beginning after December 31, 2012, the spring count of eligible students conducted in the school corporation in the school year ending in the calendar year were used to compute the state tuition support distribution to the school corporation for the entire calendar year;
excluding amounts provided for special education grants under IC 20-43-7 and career and technical education grants under IC 20-43-8.
STEP THREE: Determine the result of:
(A) the STEP TWO amount; divided by
(B) the current ADM
JULY 1, 2012]: Sec. 14. Ivy Tech Community College is entitled to
reimbursement for the costs incurred to deliver courses under this
chapter that are taken:
(1) at an Ivy Tech Community College site; and
(2) by a student for whom Ivy Tech Community College has
waived tuition under this chapter or IC 21-14-8.
The school corporation in which the student described in subdivision
(2) resides shall pay the individual's tuition to Ivy Tech Community
College for each year month the student is included in the school
corporation's current ADM.
(1) at least nineteen (19) years of age and not enrolled in a high school; or
(2) at least seventeen (17) years of age and have consent from the high school the individual attended most recently.
(b) The school corporation in which an individual described in this subdivision has legal settlement shall pay the individual's costs for high school level courses taken at Ivy Tech Community College during each
(1) at least nineteen (19) years of age and not enrolled in a high school; or
(2) at least seventeen (17) years of age and have consent from the high school the individual attended most recently.
(b) The school corporation in which an individual described in this subdivision has legal settlement shall pay the individual's tuition for high school level courses taken at Vincennes University during each
under this chapter must be either:
(1) at least nineteen (19) years of age and not enrolled in a school
corporation; or
(2) at least seventeen (17) years of age and have consent from the
high school the individual attended most recently.
(b) The school corporation in which an individual to whom this
subdivision applies resides shall pay the individual's tuition for high
school level courses taken at the state educational institution during
each year month the individual is included in the school corporation's
current ADM.
