Bill Text: IN HB1429 | 2011 | Regular Session | Enrolled
Bill Title: Textbooks and other curricular material.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1429 Detail]
Download: Indiana-2011-HB1429-Enrolled.html
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AN ACT to amend the Indiana Code concerning education.
(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
(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).
(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.
(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 establishment and maintenance of minimum standards for driver education programs (including classroom instruction and practice driving) and equipment. Classroom instruction standards established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor program;
and must provide, effective July 1, 2010, that the classroom instruction may not be provided to a child less than fifteen (15) years and one hundred eighty (180) days of age.
(5) 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 20-28-9-7 and IC 20-28-9-8;
(E) IC 20-28-11; and
(F) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and IC 20-32-8;
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.
(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.
(b) A plan must:
(1) conform to the requirements of IC 20-31-5; and
(2) include a professional development program that conforms to IC 20-20-31.
(c) The governing body may do the following for a school that participates in a plan:
(1) Invoke a waiver of a rule adopted by the state board under IC 20-31-5-5(b).
(2) Develop a plan for the admission of students who do not reside in the school's attendance area but have legal settlement in the school corporation.
(d) In approving a school corporation's actions under this section, the state board shall consider whether the governing body has done the following:
(1) Approved a school's plan.
(2) Demonstrated the support of the exclusive representative only for the professional development program component of the plan.
(e) The state board may waive any statute or rule relating to curriculum
(f) As part of the plan, the governing body may develop and implement a policy to do the following:
(1) Allow the transfer of a student who resides in the school's attendance area but whose parent requests that the student attend another school in the school corporation of legal settlement.
(2) Inform parents of their rights under this section.
(g) The state board shall adopt rules under IC 4-22-2 to implement this section.
Chapter 5.5. Curricular Materials
Sec. 1. As used in this chapter, "curricular materials" means:
(1) textbooks; and
(2) material used to supplement or replace textbooks, including:
(A) books and other printed material;
(B) computer software; and
(C) digital content.
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 by the state board under IC 20-31-3-1; and
(2) the appropriateness of the reading level of the curricular materials.
(b) 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:
(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) provide a listing and summary review for the curricular materials that are aligned to the academic standards adopted by the state board under IC 20-31-3-1 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.
(G) World languages.
(c) A governing body and superintendent may use the report under subsection (b) in complying with IC 20-26-12-24.
(d) To be included in the report under subsection (b), a publisher must provide the department a written exact and standard statewide price for each curricular material.
(e) A publisher may request that an update to the publisher's curricular materials and corresponding prices replace the curricular materials set forth in the report under subsection (b).
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) 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) 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 curricular materials included in the report described
in section 2(b) of this chapter are departmental reviews only;
and
(2) each governing body has authority to adopt textbooks for
a school corporation.
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city, except for the provision of IC 20-29-6-7(a) that requires any items included in the 1972-1973 agreements between an employer school corporation and an employee organization to continue to be bargainable.
(3) The board may waive the following statutes and rules for any school in the school city without administrative, regulatory, or legislative approval:
(A) The following rules concerning curriculum and instructional time:
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.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(4) Notwithstanding any other law, a school city may do the following:
(A) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school city purpose.
(B) Establish a professional development and technology fund to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or local government taxation to any account of the school corporation, including a professional development and technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general fund and the school transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund and the school transportation fund after a transfer occurs under this subdivision may not exceed the sum of the property tax rates for the general fund and the school transportation fund before a transfer occurs under this subdivision.
(B) This subdivision does not allow a school corporation to transfer to any other fund money from the debt service fund.
(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 at the
option of a student or the providing of free textbooks by the governing
body under sections 6 through 21 of this chapter.
(c) This section does not prohibit a governing body from suspending
the operation of this section under a contract entered into under
IC 20-26-15.
(1) in compliance with the minimum certification standards of the state board; and
(2) located within the attendance unit served by the governing body.
The annual rental rate may not exceed twenty-five percent (25%) of the retail price of the textbooks.
(b) Notwithstanding subsection (a), the governing body may not assess a rental fee of more than fifteen percent (15%) of the retail price of a textbook that has been:
(c) This section does not limit other laws.
(b) As used in sections 6 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.
the requisition. On receipt of the textbooks, the governing body's
school corporation has custody of the textbooks. The governing body
shall provide a receipt to the contracting publisher and reimburse the
contracting publisher the amount owed by the school corporation from
the school corporation's general fund.
(b) A governing body shall purchase textbooks:
(1) from a resident student who presents the textbooks for sale on
or before the beginning of the school term in which the books are
to be used;
(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.
(1) borrow money to buy textbooks; 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
(b) Notwithstanding subsection (a), a school township may not borrow money to purchase textbooks unless a petition requesting such an action and bearing the signatures of twenty-five percent (25%) of the resident taxpayers of the school township has been presented to and approved by the township trustee and township board.
(b) The governing body, upon receiving these recommendations from the superintendent, shall adopt
(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 and may make recommendations to the superintendent and
the governing body concerning the use of this material.
(d) A textbook selected shall be used for the lesser of:
(1) six (6) years; or
(2) the effective period of the state board's adoption of academic
standards adopted by the state board to which that textbook is
aligned.
(e) A selection may be extended beyond that period for up to six (6)
years. if the governing body is granted a waiver under section 28 of this
chapter.
(f) The governing body may, if the governing body considers it
appropriate, retain a textbook adopted under this section and
authorize the purchase of supplemental materials to ensure
continued alignment with academic standards adopted by the state
board.
(g) The superintendent, advisory committee, and governing
body may consider using the list of curricular materials (as defined
in IC 20-20-5.5-1) provided by the department under IC 20-20-5.5.
(h) Notwithstanding subsection (g) and this chapter, the
superintendent, advisory committee, and governing body shall
adopt reading textbooks from the list of recommended curricular
materials provided by the department under IC 20-20-5.5.
(i) A governing body may not purchase textbooks from a
publisher unless the publisher agrees, in accordance with sections
612(a)(23)(A) and 674(3)(4) of the Individuals with Disabilities
Education Act 2004 (20 U.S.C. 1400 et seq.), to provide or grant a
license to the school corporation to allow for the reproduction of
adopted textbooks in:
(1) large type;
(2) Braille;
(3) audio format; and
(4) formats necessary to ensure usability for all students in the
school corporation.
(1) provide school corporations with guides for teaching geography in the public schools;
(1) for each grade level from kindergarten through grade 12; and
(2) in each subject area listed in section 2 of this chapter;
at least once every six (6) years. This revision must occur on a cyclical basis.
with the following:
(1) For an essay question, have a prompt that is taken from:
(A) a textbook on the state textbook adoption list included in
IC 20-20-5; or
(B) a source other than a source listed in clause (A) that is
approved by the ISTEP program citizens' review committee
established under IC 20-32-6.
(2) not seek or compile information about a student's:
(A) (1) personal attitudes;
(B) (2) political views;
(C) (3) religious beliefs;
(D) (4) family relationships; or
(E) (5) other matters listed in IC 20-30-5-17(b).
The ISTEP program citizens' review committee shall determine
whether an essay question or a scoring rubric complies with this
subdivision. section.
(b) The school corporation may apply for a reimbursement under section 7 of this chapter from the department of the costs incurred under subsection (a).
(c) To the extent the reimbursement received by the school corporation is less than the textbook rental fee assessed for textbooks that have been adopted under IC 20-20-5-1 through IC 20-20-5-4,
(b) A school corporation may receive a reimbursement from the department for some or all of the costs incurred by a school corporation during a school year in providing textbook assistance to students who are eligible under section 2 of this chapter.
(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) textbooks (including textbooks used in special education
and high ability classes) to these students;
(B) workbooks, digital content, and consumable textbooks
(including workbooks, consumable textbooks, and other
consumable instructional materials that are used in special
education and high ability classes) that are used by students
for not more than one (1) school year; and
(C) instead of the purchase of textbooks, 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 described in subdivision (2)(A) and
included in the reimbursement request (except those textbooks
used in special education classes and high ability classes) has
been adopted by the state board under IC 20-20-5-1 through
IC 20-20-5-4 or has been waived by the state board of education
under IC 20-26-12-28; governing body;
(4) that the amount of reimbursement requested for each textbook
under subdivision (3) does not exceed twenty percent (20%) of
the costs incurred for the textbook; as provided in the textbook
adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable
instructional material used in special education and high ability
classes) under subdivision (2)(B), if applicable, does not exceed
one hundred percent (100%) of the costs incurred for the
workbook, digital content, or consumable textbook (or other
consumable instructional material used in special education and
high ability classes);
(6) that the amount of reimbursement requested for each textbook
used in special education and high ability classes is amortized for
the number of years in which the textbook is used;
(7) that the amount of reimbursement requested for
developmentally appropriate material is amortized for the number
of years in which the material is used and does not exceed a total
of one hundred percent (100%) of the costs incurred for the
developmentally appropriate material; and
(8) any other information required by the department, including
copies of purchase orders used to acquire consumable
instructional materials used in special education and high ability
classes and developmentally appropriate material.
(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) If the amount of reimbursement requested before November 1 of
a particular year exceeds the amount of money appropriated to the
department for this purpose, the department shall proportionately
reduce the amount of reimbursement to each school corporation.
(g) A school corporation may submit a supplemental reimbursement
request under section 8 of this chapter. The school corporation is
entitled to receive a supplemental reimbursement only if there are
funds available. The department shall proportionately reduce the
amount of supplemental reimbursement to each school corporation if
the total amount requested exceeds the amount of money available to
the department for this purpose. In the case of a supplemental
reimbursement, the provisions in this section apply, except that section
8 of this chapter applies to the making of the supplemental request by
the governing body of the school corporation.
(h) 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.
or the emancipated minor who meets the financial eligibility standard
may receive a reimbursement from the department for the costs or
some of the costs incurred in fees that are reimbursable under section
7 of this chapter by applying to the accredited nonpublic school for
assistance. In this case, this section applies. However, section 10 of this
chapter applies to the making of the supplemental request for
reimbursement by the principal or other designee of the accredited
nonpublic school.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the state
board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to
the accredited nonpublic school. The accredited nonpublic school shall
make a determination of financial eligibility subject to appeal by the
parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for
assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the
department, the principal or other designee shall submit the
reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the
department:
(1) the number of students who are enrolled in the accredited
nonpublic school and who are eligible for assistance under this
chapter;
(2) the costs incurred in providing:
(A) textbooks (including textbooks used in special education
and high ability classes); and
(B) workbooks, digital content, and consumable textbooks
(including workbooks, consumable textbooks, and other
consumable teaching materials that are used in special
education and high ability classes) that are used by students
for not more than one (1) school year; and
(C) curricular materials (as defined in IC 20-20-5.5-1);
(3) that each textbook described in subdivision (2)(A) and
included in the reimbursement request (except those textbooks
used in special education classes and high ability classes) has
been adopted by the state board under IC 20-20-5-1 through
IC 20-20-5-4 or has been waived by the state board of education
under IC 20-26-12-28; governing body;
(4) that the amount of reimbursement requested for each textbook
under subdivision (3) does not exceed twenty percent (20%) of
the costs incurred for the textbook; as provided in the textbook
adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable teaching
material used in special education and high ability classes) under
subdivision (2)(B), if applicable, does not exceed one hundred
percent (100%) of the costs incurred for the workbook or
consumable textbook (or other consumable teaching material used
in special education and high ability classes);
(6) that the amount of reimbursement requested for each textbook
used in special education and high ability classes is amortized for
the number of years in which the textbook is used; and
(7) any other information required by the department, including
copies of purchase orders used to acquire consumable teaching
materials used in special education and high ability classes.
(h) If the amount of reimbursement requested before November 1
of a particular school year exceeds the amount of money appropriated
to the department for this purpose, the department shall proportionately
reduce the amount of reimbursement to each accredited nonpublic
school. An accredited nonpublic school may submit a supplemental
reimbursement request under section 10 of this chapter. The parent or
emancipated minor is entitled to receive a supplemental reimbursement
only if funds are available. The department shall proportionately reduce
the amount of supplemental reimbursement to the accredited nonpublic
schools if the amount requested exceeds the amount of money available
to the department for this purpose.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) Section 7(h) of this chapter applies to parents or emancipated
minors as described in this section.
(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.
; (11)HE1429.1.22. --> SECTION 22. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 20-19-2-1; IC 20-19-2-3; IC 20-19-2-4;
IC 20-19-2-9; IC 20-20-5; IC IC 20-26-12-27; IC 20-26-12-28.
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