Bill Text: IN HB1117 | 2010 | Regular Session | Amended
Bill Title: Funding of adult education.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2010-02-16 - Senator Rogers added as cosponsor [HB1117 Detail]
Download: Indiana-2010-HB1117-Amended.html
Citations Affected: IC 20-30; IC 20-43; noncode.
Synopsis: Funding of adult education. Provides an adult education
grant to school corporations as part of the state tuition support
distribution. Adds the adult education appropriation for state fiscal year
2010-2011 to the state tuition support distribution appropriation for
state fiscal year 2010-2011. Repeals a provision that permits a surplus
in a tuition support distribution appropriation to be used to fund adult
education.
Effective: Upon passage; July 1, 2010.
January 5, 2010, read first time and referred to Committee on Education.
January 14, 2010, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
(1) need the education to master a skill that leads to:
(A) the completion of grade 8; or
(B) a state of Indiana general educational development (GED) diploma under IC 20-20-6;
(2) need the education to receive high school credit to obtain a high school diploma; or
(3) have graduated from high school (or received a high school equivalency certificate or a state of Indiana general educational
development (GED) diploma) but who demonstrate basic skill
deficiencies in mathematics or English/language arts;
For purposes of reimbursement under this section, the school
corporation may not count an individual who is also and are not
enrolled in the school corporation's kindergarten through grade 12
educational program. An individual described in subdivision (3) may
be counted for reimbursement by the school corporation only for
classes taken in mathematics and English/language arts.
(b) The state board shall provide for reimbursement to a school
corporation under this section for instructor salaries and administrative
and support costs. However, the state board may not allocate more than
fifteen percent (15%) of the total appropriation under subsection (a) for
administrative and support costs. adopt rules under IC 4-22-2 to
provide for the program of adult education described in subsection
(a).
(c) A school corporation may conduct a program of adult education.
(d) A school corporation may permit a student who is enrolled
in the school corporation's kindergarten through grade 12
educational program or a student who is a high school graduate
but not an eligible adult (as defined in IC 20-43-1-10.5) to
participate in a program of adult education. A school corporation
may require an individual who:
(1) is at least sixteen (16) years of age; and
(2) wishes to enroll in a school following the student's expulsion
from school under IC 20-33-8 on the grounds that the student
was:
(A) disorderly; or
(B) dangerous to persons or property;
to attend evening classes or classes established for students who are at
least sixteen (16) years of age. However, the school corporation shall
provide a child with a disability (as defined in IC 20-35-1-2) who is at
least eighteen (18) years of age and whom the school corporation elects
to educate with an appropriate special educational program.
(1) either:
(A) has officially withdrawn from a kindergarten through grade 12 educational program and does not have a high school diploma; or
(B) is a high school graduate and has been determined to need basic skill development in English language arts or mathematics at or below the high school level; and
(2) meets the criteria established by the state board to enroll in an adult education course.
(1) For an adult basic education (ABE) program or general educational development (GED) program, a block of time that includes the following:
(A) At least forty (40) and not more than eighty (80) teacher hours.
(B) A student enrollment of at least five (5) eligible adults who each have at least twelve (12) hours of attendance in the unit.
(2) For an adult secondary credit (ASC) program, a block of time that includes the following:
(A) At least sixty (60) and not more than seventy-five (75) teacher hours.
(B) A student enrollment of at least five (5) eligible adults who each have at least six (6) hours of attendance in the unit.
(1) five billion eight hundred twenty-nine million nine hundred thousand dollars ($5,829,900,000) in 2009;
(2) six billion five hundred
2010; and
(3) six billion five hundred sixty-eight eighty-two million five
hundred thousand dollars ($6,568,500,000) ($6,582,500,000) in
2011.
(1) as basic tuition support;
(2) for academic honors diploma awards;
(3) for primetime distributions;
(4) for special education grants;
(5) for career and technical education grants;
(6) for restoration grants;
(7) for small school grants; and
(8) for adult education grants;
for a particular year exceeds the maximum state distribution for a calendar year, the amount to be distributed for state tuition support under this article to each school corporation during each of the last six (6) months of the year shall be proportionately reduced so that the total reductions equal the amount of the excess.
Chapter 13. Adult Education Grant
Sec. 1. This chapter does not apply to a charter school.
Sec. 2. A school corporation that conducts a program of adult education is entitled to an adult education grant.
Sec. 3. A school corporation shall count the number of eligible adults enrolled in an adult education course on:
(1) the date specified in IC 20-43-4-4(1) in the year immediately preceding the current year; and
(2) the date specified in IC 20-43-4-4(2) in the current year.
The school corporation shall include an eligible adult in the count for each adult education course in which the eligible adult is enrolled.
Sec. 4. This section applies to adult education grants only for calendar years beginning after December 31, 2010. Subject to the adjustments required under sections 6 and 7 of this chapter, the amount of the grant to which a school corporation is entitled for the first six (6) months of the current year is equal to the result determined in the last STEP of the following formula:
STEP ONE: Determine the number of standard reimbursable units of adult instruction for each adult education course provided by the school corporation in the last six (6) months of the year immediately preceding the current year.
STEP TWO: For each adult education course provided by the school corporation in the last six (6) months of the year immediately preceding the current year, determine:
(A) the result of:
(i) the number of eligible adults participating in the adult education course on the date specified in section 3(1) of this chapter; multiplied by
(ii) the number of standard reimbursable units determined in STEP ONE for the course; and
(B) the result of:
(i) the result determined under clause (A); multiplied by
(ii) two hundred fifty dollars ($250).
STEP THREE: Determine the sum of the following:
(A) The sum of the results determined under clause (B) of STEP TWO.
(B) This clause applies only to a school corporation that has continuously operated a program of adult education of the type described by this clause since at least 2009. If the school corporation has entered into a written agreement with one (1) or more school corporations to operate a program of adult education for the other school corporations at a common location, the school corporation provides substantially all of its adult education courses in a facility that is separate from buildings used to provide education to students enrolled in kindergarten through grade 12, and the school corporation provides education courses during the regular business hours for kindergarten through grade 12 instead of or in addition to evening adult education classes, the result of:
(i) the sum of the results determined under clause (A) of STEP TWO; multiplied by
(ii) seventy-five dollars ($75).
Sec. 5. This section applies to adult education grants for calendar years 2010 and 2011. Subject to the adjustments required under sections 6 and 7 of this chapter, the amount of the grant to which a school corporation is entitled for the last six (6) months of the current year is equal to the result determined in the last STEP of the following formula:
STEP ONE: Determine the number of standard reimbursable units of adult instruction for each adult education course provided by the school corporation in the first six (6) months of the current year.
STEP TWO: For each adult education course provided by the school corporation in the first six (6) months of the current year, determine:
(A) the result of:
(i) the number of eligible adults participating in the adult education course on the count date specified in section 3(2) of this chapter; multiplied by
(ii) the number of standard reimbursable units determined in STEP ONE for the course; and
(B) the result of:
(i) the result determined under clause (A); multiplied by
(ii) two hundred fifty dollars ($250).
STEP THREE: Determine the sum of the following:
(A) The sum of the results determined under clause (B) of STEP TWO.
(B) This clause applies only to a school corporation that has continuously operated a program of adult education of the type described by this clause since at least 2009. If the school corporation has entered into a written agreement with one (1) or more other school corporations to operate a program of adult education for the other school corporations at a common location, the school corporation provides substantially all of its adult education courses in a facility that is separate from buildings used to provide education to students enrolled in kindergarten through grade 12, and the school corporation provides education courses during the regular business hours for kindergarten through grade 12 instead of or in addition to evening adult education classes, the result of:
(i) the sum of the results determined under clause (A) of STEP TWO; multiplied by
(ii) seventy-five dollars ($75).
Sec. 6. (a) Before the first day of a six (6) month period for which a distribution is permitted under section 4 or 5 of this chapter, the department shall provide each school corporation that is implementing an adult education program with an estimate of the amount of the expenditures for which the school corporation would have been eligible for reimbursement under 511 IAC 11-3-6,
if IC 20-30-6-1 had not been amended in the 2010 session of the
general assembly and if fourteen million dollars ($14,000,000) had
been appropriated for the state fiscal year to provide
reimbursement under 511 IAC 11-3-6 for two (2) six (6) month
funding periods. The total amount of distributions made to a school
corporation under section 4 or 5 of this chapter for a six (6) month
funding period may not exceed the amount of the estimate
provided for the funding period under this section.
(b) Not later than February 1, 2011, a school corporation shall
submit its claim for reimbursement for adult education
expenditures for the last six (6) months of 2010 in the manner
provided in 511 IAC 11-3-7. Costs shall be determined as provided
in 511 IAC 11-3. If the amount distributable to the school
corporation under section 5 of this chapter for the same funding
period is less than the lesser of the amount determined under this
subsection or the amount determined under subsection (a), the
school corporation shall be held harmless and the amount of the
distribution to which the school corporation is entitled under this
chapter for the funding period is the lesser of the amount
determined under this subsection or the amount determined under
subsection (a) for that funding period.
(c) Not later than July 1, 2011, a school corporation shall submit
its claim for reimbursement for adult education expenditures for
the first six (6) months of 2011 in the manner provided in 511
IAC 11-3-7. Costs shall be determined as provided in 511 IAC 11-3.
If the amount distributable to the school corporation under section
4 of this chapter for the same funding period is less than the lesser
of the amount determined under this subsection or the amount
determined under subsection (a) for the funding period, the school
corporation shall be held harmless and the amount of the
distribution to which the school corporation is entitled under this
chapter for the funding period is the lesser of the amount
determined under this subsection or the amount determined under
subsection (a) for that funding period.
(d) Not later than February 1, 2012, a school corporation shall
submit its claim for reimbursement for adult education
expenditures for the last six (6) months of 2011 in the manner
provided in 511 IAC 11-3-7. Costs shall be determined as provided
in 511 IAC 11-3. If the amount distributable to the school
corporation under section 5 of this chapter for the same funding
period is less than the lesser of the amount determined under this
subsection or the amount determined under subsection (a) for the
funding period, the school corporation shall be held harmless and
the amount of the distribution to which the school corporation is
entitled to under this chapter for the funding period is the lesser of
the amount determined under this subsection or the amount
determined under subsection (a) for that funding period.
(e) The department shall, in the year a determination is made
under this section, provide for a reconciling payment to a school
corporation that is entitled to a larger distribution under this
section than under section 4 or 5 of this chapter for a particular
funding period.
(f) If the total amount to be distributed under this section plus
the amount to be distributed under section 4 or 5 of this chapter
for a particular six (6) month funding period exceeds seven million
dollars ($7,000,000), the excess shall be proportionately deducted
from school corporations that are eligible to receive a larger
distribution under section 4 or 5 of this chapter than under this
section. The amount of the reduction for a particular school
corporation under this section is equal to the total amount of the
excess determined under this section multiplied by a fraction. The
numerator of the fraction is the amount of the distribution for
adult education grants that the school corporation would have
received if a reduction were not made under this section. The
denominator of the fraction is the total amount that would be
distributed for adult education grants to all school corporations
that would have received a larger distribution under section 4 or
5 of this chapter than under this section, if a reduction were not
made under this section.
Sec. 7. (a) The maximum amount that may be distributed under
section 5 of this chapter for calendar year 2010, as adjusted under
section 6 of this chapter, is seven million dollars ($7,000,000), and
the maximum amount that may be distributed under sections 4 and
5 of this chapter for calendar year 2011, as adjusted under section
6 of this chapter, is fourteen million dollars ($14,000,000).
(b) If the total amount to be distributed in a particular year
exceeds the amount specified for the calendar year under
subsection (a), the amount to be distributed for adult education
grants under this chapter to each school corporation during the
last six (6) months of the year shall be proportionately reduced so
that the total reductions equal the amount of the excess. The
amount of the reduction for a particular school corporation under
this section is equal to the total amount of the excess determined
under this section multiplied by a fraction. The numerator of the
fraction is the amount of the distribution for adult education
grants that the school corporation would have received if a
reduction were not made under this section. The denominator of
the fraction is the total amount that would be distributed for adult
education grants to all school corporations if a reduction were not
made under this section. An excess shall be recovered from adult
education grants distributed to the school corporation over the six
(6) month period following the date a determination is made under
this subsection.
Sec. 8. This chapter shall not be treated as reducing or
restricting the method by which federal funds are distributed to
school corporations for adult education.
(b) Notwithstanding P.L.182-2009(ss), SECTION 9, the appropriation for ADULT EDUCATION DISTRIBUTION for the state fiscal year beginning July 1, 2010, and ending June 30, 2011, is reassigned to supplement the appropriation for DISTRIBUTION FOR TUITION SUPPORT for the state fiscal year beginning July 1, 2010, and ending June 30, 2011, and shall be used for the purposes of the DISTRIBUTION FOR TUITION SUPPORT for that state fiscal year.
