Bill Text: IN SB0413 | 2012 | Regular Session | Amended
Bill Title: Various education matters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-02-13 - First reading: referred to Committee on Education [SB0413 Detail]
Download: Indiana-2012-SB0413-Amended.html
Citations Affected: IC 4-13; IC 5-22; IC 20-18; IC 20-20; IC 20-23;
IC 20-26; IC 20-29; IC 20-30; IC 20-31; IC 20-33; IC 20-40; IC 20-41;
IC 20-42; IC 20-42.5; IC 36-1.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Education and Career
Development.
January 26, 2012, amended, reported favorably _ Do Pass.
January 30, 2012, read second time, amended, ordered engrossed.
Digest Continued
the curricular material are aligned to academic standards. Provides that for purposes of the sale or lease of an unused school building, a charter school must include an entity seeking final approval from a sponsor to operate a charter school. Provides that the failure by a superintendent or governing body to list an unused school building with the department or to transfer an unused school building to a charter school that has properly requested the building may lead to state funding being withheld from the school. Specifies that a school corporation retains any debt associated with a school building sold to a charter school. Repeals the requirement that a superintendent of a school corporation forward a list of the curricular materials selected by the superintendent. Makes conforming changes and technical corrections.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR 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)
(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).
property owned by a governmental body.
(b) This chapter does not apply to dispositions of property described
in any of the following:
(1) IC 5-22-21-1(b).
(2) IC 36-1-11-5.5.
(3) IC 36-1-11-5.7.
(c) This chapter does not apply to any of the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit (as defined in
IC 36-1-2-23) to an Indiana nonprofit corporation organized for
educational, literary, scientific, religious, or charitable purposes
that is exempt from federal income taxation under Section 501 of
the Internal Revenue Code or the sale or reletting of that property
by the nonprofit corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The disposal of surplus property by the health and hospital
corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of textbooks curricular materials that will no
longer be used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
Places, as determined by the division of historic preservation
and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a governmental body under IC 5-23.
(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.
2012]. Sec. 23. "Textbook" means systematically organized material
designed to provide a specific level of instruction in a subject matter
category, including:
(1) books;
(2) hardware that will be consumed, accessed, or used by a single
student during a semester or school year;
(3) computer software; and
(4) digital content.
(1) operates under rules established by the state board;
(2)
(3) allows school corporations to voluntarily cooperate and share programs and services that the school corporations cannot individually provide but collectively may implement.
(b) Programs and services collectively implemented through an educational service center may include, but are not limited to, the following:
(1) Curriculum development.
(2) Pupil personnel and special education services.
(3) In-service education.
(4) State-federal liaison services.
(5) Instructional materials and multimedia services.
(6) Career and technical education.
(7) Purchasing and financial management.
(8) Needs assessment.
(9) Computer use.
(10) Research and development.
an advisory council to each board. The state board shall provide for the
representation of:
(1) teachers;
(2) elementary principals;
(3) secondary principals;
(4) members of the governing body; and
(5) parents of students;
of the school corporations that are within the geographic area served by
the educational service center.
(b) The advisory council shall make recommendations to the board
on budgetary and program matters.
(1) the curricular materials' alignment to the academic standards
(2) the appropriateness of the reading level of the curricular materials.
(b) The department shall determine the process for evaluating curricular materials under subsection (a).
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) (2) provide a listing and summary review for the curricular
materials that are aligned to the academic standards adopted
established by the state board department under IC 20-31-3-1
IC 20-31-3-2 for the following subjects for each grade level:
(A) English/language arts, including spelling, literature, and
handwriting.
(B) Reading.
(C) Mathematics.
(D) Science.
(E) Social studies.
(F) Miscellaneous. Other subject areas as determined by
the department;
(G) World languages.
(3) include any clarification or response from the publisher of
a curricular material related to the department's summary
review provided under subdivision (2); and
(4) provide updated informtion for the subjects and grades
required under subdivision (2) on the earlier of the following
dates:
(A) Eighteen (18) months after the department establishes
standards under IC 20-31-3-2.
(B) Six (6) years after the previous review of curricular
materials under this section.
(c) (d) A governing body and superintendent may use the report
under subsection (b) (c) in complying with IC 20-26-12-24.
(d) (e) For a publisher's curricular materials to be included in the
report under subsection (b), (c), a the publisher must:
(1) provide the department a written, exact, and standard
statewide price for each curricular material;
(2) make the curricular materials available for sale to schools
for at least six (6) years after the published date of the report;
and
(3) provide or grant a license, in accordance with Sections
612(a)(23)(A) and 674(4) of the Individuals with Disabilities
Education Act of 2004 (20 U.S.C. 1400 et seq.) and with
IC 20-26-12-24(i), to the school corporation to allow for
reproduction of the adopted curricular materials in:
(A) large type;
(B) Braille; and
(C) audio format.
(e) (f) A publisher may request that an update to the publisher's
curricular materials and corresponding prices replace the information
on the curricular materials set forth in the report under subsection (b).
(c).
(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 reviews of 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
(1) School based management models.
(2) Parental involvement strategies.
(3) Innovative integration of curricula, individualized education programs, nonstandard courses, or
(4) Training for participants to become effective members on school/community improvement councils.
JULY 1, 2012]: Sec. 3. (a) A county superintendent may be impeached
for immorality, incompetency, or general neglect of duty, or for acting
as agent for the sale of any textbook, curricular materials, school
furniture, maps, charts, or other school supplies.
(b) Impeachment proceedings are governed by the provisions of law
for impeaching county officers.
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law. However, a governing body may not use funds received from the state to bring or join in an action against the state, unless the governing body is challenging an adverse decision by a state agency, board, or commission.
(2) To take charge of, manage, and conduct the educational affairs of the school corporation and to establish, locate, and provide the necessary schools, school libraries, other libraries where permitted by law, other buildings, facilities, property, and equipment.
(3) To appropriate from the school corporation's general fund an amount, not to exceed the greater of three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve thousand five hundred dollars ($12,500), based on the school corporation's previous year's ADM, to promote the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or awards;
(B) provision for expenses incurred in interviewing job applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or maintenance of real estate, real estate improvements, or an interest in real estate or real estate improvements, as the governing body considers necessary for school purposes, including buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1.
(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, curricular materials, to furnish
textbooks curricular materials without cost or to rent textbooks
curricular materials to students, to participate in a textbook
curricular materials aid program, all in accordance with
applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. In accordance with IC 20-26-17, to:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
(1) "charter school" includes an entity seeking final approval from a sponsor to operate a charter school; and
(2) "school calendar year" refers to the period during which student instructional days are conducted under IC 20-30-2-2.
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, be exchanged for other property;
the governing body may sell or exchange the property in accordance with IC 36-1-11 and subsections (d) through (m).
(1) established under applicable law; and
(2) that the governing body considers appropriate.
(2) may sell to an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for at least the building's fair market value if:
(A) the organization petitions the governing body to purchase the building;
(B) the governing body agrees to the sale;
(C) the governing body gives notice of the sale; and
(D) one hundred eighty (180) days after the date on which the governing body gives notice under clause (C), no charter school has indicated an interest in the building; and
(1)
extracurricular activities at the time the charter school seeks to
lease the building or and (B) appears on the list compiled by the
department under subsection (e); (f); and
(2) was previously used for classroom instruction; and
(3) is not under contract for construction or improvement on
the date the charter school seeks to lease the school building,
unless the governing body plans to enter into a contract for
construction or improvement to allow the regular use of the
school building during the school calendar year for classroom
instruction or student extracurricular activities within two (2)
years.
in order for the charter school to conduct classroom instruction.
(e) (f) Each governing body shall inform the department whenever
a school building that was previously used for classroom instruction is
closed, unused, or unoccupied. The department shall maintain a list of
closed, unused, or unoccupied school buildings and make the list
available on the department's Internet web site. Each school
corporation shall provide a list of closed, unused, or unoccupied
buildings to the department by the date set by the department. The
department must update the list at least once each year before August
31.
(g) If a superintendent or governing body fails to place an
unused school building on the department's list under subsection
(f) or to transfer control of an unused school building on the list to
a charter school that properly requests the school building, the
department shall order the governing body to hold a public hearing
to discuss the failure to place the unused school building on the
department's list or to transfer control of the unused school
building. The governing body shall send minutes of the hearing to
the department to demonstrate the governing body's compliance
with the order. One hundred eighty (180) days after the date of the
department's order, if the governing body has not held the
required public hearing, the department may withhold a portion
of the state funding due to the school corporation until the hearing
has been held.
(f) A school building that appears for the first time on the
department's list under subsection (e) shall be designated as
"Unavailable until (a date two (2) years after the school building first
appears on the list)" if the governing body of the school corporation
that owns the school building indicates the school building may be
reclaimed during that period for classroom instruction, which must
begin not later than one (1) year after the school building is reclaimed.
If the school building remains unused for classroom instruction one (1)
year after being reclaimed, the governing body shall place the school
building on the department's list. A governing body may reclaim a
school building only one (1) time under this subsection.
(g) (h) If a charter school wishes to use a school building on the list
created under subsection (e), (f), the charter school shall send a letter
of intent to the department. The department shall notify the school
corporation of the charter school's intent, and the school corporation
that owns the school building shall lease the school building to the
charter school for one dollar ($1) per year for as long as the charter
school uses the school building for classroom instruction or for a term
at the charter school's discretion, or sell the school building to the
charter school for one dollar ($1). The charter school must begin to use
the school building for classroom instruction not later than two (2)
years after acquiring the school building. If the school building is not
used for classroom instruction within two (2) years after acquiring the
school building, the school building shall be placed on the department's
list under subsection (e). (f). If during the term of the lease the charter
school closes or ceases using the school building for classroom
instruction, the school building shall be placed on the department's list
under subsection (e). (f).
(h) (i) During the term of a lease under subsection (g), (h), the
charter school is responsible for the direct expenses related to the
school building leased, including utilities, insurance, maintenance,
repairs, and remodeling. The school corporation is responsible for any
debt incurred for or liens that attached to the school building before the
charter school leased the school building.
(j) A school corporation retains any debt associated with a
school building if the school corporation sells the building to a
charter school under subsection (h).
(i) (k) If a school building appears on the department's list under
subsection (e) (f) for at least forty-eight (48) months, the school
corporation may sell or otherwise dispose of the school building in any
manner the governing body considers appropriate.
(l) A school corporation or governing body may not lease or sell
any closed, unused, or unoccupied school building except as
specifically provided in this section.
(m) If any closed, unused, or unoccupied school building is or
has been leased or sold in contravention of this section, the lease or
sale is or shall be invalid and the building must be placed on the
department's list under subsection (f) immediately.
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) Except as provided in subsections (b) and
(c) and notwithstanding any other law, each governing body shall
purchase from a publisher, either individually or through a purchasing
cooperative of school corporations, the textbooks curricular materials
selected by the proper local officials, and shall rent these textbooks
curricular materials to each student enrolled in a public school that
is:
(1) in compliance with the minimum certification standards of the
state board; and
(2) located within the attendance unit served by the governing
body.
(b) This section does not prohibit the purchase of textbooks
curricular materials at the option of a student or the providing of free
textbooks curricular materials by the governing body under sections
6 through 21 of this chapter.
(c) This section does not prohibit a governing body from suspending
the operation of this section under a contract entered into under
IC 20-26-15.
(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
(b) Notwithstanding subsection (a), the governing body may not assess a rental fee of more than fifteen percent (15%) of the retail price of
(1) extended for usage by students under section 24(e) of this chapter; and
(2) paid for through rental fees previously collected.
(c) This section does not limit other laws.
governing body of a school corporation that a textbook curricular
materials is are no longer scheduled for use in the school corporation,
the governing body may sell, exchange, transfer, or otherwise convey
the textbook. curricular materials. However, before a governing body
may mutilate or otherwise destroy a textbook, the curricular
materials, the governing body must first comply with the following
provisions:
(1) Subsection (b).
(2) Subsection (c).
(3) Section 4 of this chapter.
(4) Section 5 of this chapter.
(b) Before a governing body may mutilate or otherwise destroy a
textbook, curricular materials, the governing body shall provide at no
cost and subject to availability one (1) copy of each textbook any
curricular material that is no longer scheduled for use in the school
corporation to:
(1) the parent of each student who is enrolled in the school
corporation and who wishes to receive a copy of the textbook; and
(2) if any textbooks curricular materials remain after
distribution under subdivision (1), to any resident of the school
corporation who wishes to receive a copy of the textbook.
curricular materials.
(c) If a governing body does not sell, exchange, transfer, or
otherwise convey unused textbooks curricular materials under
subsection (a) or (b), each public elementary and secondary school in
the governing body's school corporation shall provide storage for at
least three (3) months for the textbooks curricular materials in the
school corporation. A school corporation may sell or otherwise convey
the textbooks curricular materials to another school corporation at
any time during the period of storage.
(b) Upon request, the state superintendent shall mail to a nonprofit corporation or institution located in Indiana a list of
appropriate school corporation by paying only the cost of shipping and
mailing.
(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.
(b) This subsection applies to a governing body that has established an elementary school library under subsection (a). If a petition requesting establishment of a high school library is filed with the governing body, the governing body shall provide a library containing
JULY 1, 2012]: Sec. 8. A petition for an elementary or a high school
library under section 7 of this chapter must be in substantially the
following form:
To the governing body of the school corporation of ___________
We, the undersigned voters of the school corporation of _______
respectfully petition the governing body of the school corporation of
_______ to establish an elementary school (or high school, as
appropriate) library and to lend its school textbooks curricular
materials free of charge to the resident students of the school
corporation of _____________, under IC 20-26-12.
NAME ADDRESS DATE
_________ _________ _________
_________ _________ _________
STATE OF INDIANA )
) SS:
___________ COUNTY )
_____________ being duly sworn, deposes and says that he or she is
the circulator of this petition paper and that the appended signatures
were made in his or her presence and are the genuine signatures of the
persons whose names they purport to be.
Subscribed and sworn to before me this ____ day of ___________, 20 __.
(1) an elementary school library containing
(2) a high school library containing
as applicable.
JULY 1, 2012]: Sec. 14. (a) This subsection applies to a school
corporation described in section 13(1) of this chapter. The governing
body shall make the first appropriation from the school corporation's
general fund in August following the petition's filing. Not later than the
school term following the first appropriation, the library must be
established and textbooks curricular materials must be loaned to
resident students enrolled in the first five (5) grades of the elementary
school. Not later than the second school term following the first
appropriation, textbooks curricular materials must be procured and
loaned to resident students enrolled in the eight (8) grades of the
elementary school.
(b) This subsection applies to a school corporation described in
section 13(2) of this chapter. The governing body shall make the first
appropriation from the school corporation's general fund in September
following the petition's filing. Not later than the second school term
following the first appropriation, the library must be established and
textbooks curricular materials of the library must be loaned to
resident students enrolled in grade nine of the high school. During each
following school term, textbooks curricular materials must be
procured and loaned to resident students for an additional high school
grade, in addition to the earlier high school grades.
(b) A governing body shall purchase
(1) from a resident student who presents the
(2) with money from the school corporation's general fund; and
(3) at a price based on the original price to the school corporation minus a reasonable reduction for damage from usage.
(1) the parent of each child who is enrolled in the school corporation and who wishes to receive a copy of the
(2) if any
(1) the schedule for payments shall coincide with student payments to the school corporation for
(2) the schedule must not require the school corporation to assume a greater burden than payment of twenty-five percent (25%) within thirty (30) days after the beginning of the school year immediately following delivery by the contracting publisher with the school corporation's promissory note evidencing the unpaid balance.
(1) borrow money to buy
(2) issue notes, maturing serially in not more than six (6) years and payable from its general fund, to secure the loan.
However, when an adoption is made by the proper local officials for less than six (6) years, the period for which the notes may be issued is limited to the period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may not borrow money to purchase
(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 curricular materials and may make recommendations to the
superintendent and the governing body concerning the use of this
material. these materials.
(d) A textbook Curricular materials selected shall be used for the
lesser of:
(1) six (6) years; or
(2) the effective period of the academic standards adopted by the
state board to which that textbook is curricular materials are
aligned.
(e) A selection may be extended beyond that period for up to six (6)
years.
(f) The governing body may, if the governing body considers it
appropriate, retain a textbook curricular materials 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 curricular materials 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 curricular
materials from a publisher unless the publisher agrees, in accordance
with Sections 612(a)(23)(A) and 674(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 curricular materials in:
(1) large type;
(2) Braille; and
(3) audio format.
(1) evaluate the affected children's
(2) offer to purchase the
(1) The following statutes and rules concerning curriculum and instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation system.
(6) IC 20-32-5, concerning the ISTEP program established under IC 20-32-5-15, if an alternative locally adopted assessment program is adopted under section 6(7) of this chapter.
(1) Curriculum development and revision.
(2)
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.
(10) Hours.
(1) not less than one (1) year of school work; and
(2) in the:
(A) historical;
(B) political;
(C) civic;
(D) sociological;
(E) economical; and
(F) philosophical;
aspects of the constitutions of Indiana and the United States.
(b) The state board shall:
(1) prescribe the course described in this section and the course's appropriate outlines; and
(2) adopt the necessary
(c) A high school student may not receive a diploma unless the student has successfully completed the interdisciplinary course described in this section.
including:
(1) teachers' manuals;
(2) textbooks; curricular materials;
(3) films or other video materials;
(4) tapes; and
(5) other materials;
used in connection with a personal analysis, an evaluation, or a survey
described in subsection (b).
(b) A student shall not be required to participate in a personal
analysis, an evaluation, or a survey that is not directly related to
academic instruction and that reveals or attempts to affect the student's
attitudes, habits, traits, opinions, beliefs, or feelings concerning:
(1) political affiliations;
(2) religious beliefs or practices;
(3) mental or psychological conditions that may embarrass the
student or the student's family;
(4) sexual behavior or attitudes;
(5) illegal, antisocial, self-incriminating, or demeaning behavior;
(6) critical appraisals of other individuals with whom the student
has a close family relationship;
(7) legally recognized privileged or confidential relationships,
including a relationship with a lawyer, minister, or physician; or
(8) income (except as required by law to determine eligibility for
participation in a program or for receiving financial assistance
under a program);
without the prior consent of the student if the student is an adult or an
emancipated minor or the prior written consent of the student's parent
if the student is an unemancipated minor. A parental consent form for
a personal analysis, an evaluation, or a survey described in this section
shall accurately reflect the contents and nature of the personal analysis,
evaluation, or survey.
(c) The department and the governing body shall give parents and
students notice of their rights under this section.
(d) The governing body shall enforce this section.
(1) To receive the grant for alternative education programs under IC 20-20-33.
(2) To be granted waivers from rules adopted by the state board that may otherwise interfere with the objectives of the
alternative education program, including waivers of:
(A) certain high school graduation requirements;
(B) the length of the student instructional day as set forth in
IC 20-30-2-2;
(C) required curriculum and textbooks; curricular
materials;
(D) teacher certification requirements; and
(E) physical facility requirements.
(1) To provide educational services not available to the non-English dominant students in sufficient quantity or quality, including:
(A) remedial and compensatory instruction, psychological, and other services designed to assist and encourage non-English dominant students to enter, remain in, or reenter elementary or secondary school;
(B) comprehensive academic instruction and career and technical instruction;
(C) instructional materials (such as library books,
(D) comprehensive guidance, counseling, and testing services;
(E) special education programs for persons with disabilities;
(F) preschool programs; and
(G) other services that meet the purposes of this subdivision.
(2) To establish and operate exemplary and innovative educational programs and resource centers that involve new educational approaches, methods, and techniques designed to enrich programs of elementary and secondary education for non-English dominant students.
(b) The governing body may waive any rule adopted by the state board for which a waiver is requested in a plan, except for a rule that is characterized as follows:
(1) The rule relates to the health or safety of students or school personnel.
(2) The rule is a special education rule under 511 IAC 7.
(3) Suspension of the rule brings the school into noncompliance with federal statutes or regulations.
(4) The rule concerns curriculum or
(c) Upon request of the governing body and under a plan, the state board may waive for a school or a school corporation any statute or rule relating to the following:
(1) Curriculum.
(2)
(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
(b) A school corporation shall receive a reimbursement from the department for some or all of the costs incurred by a school corporation during a school year in providing
(c) To be guaranteed some level of reimbursement from the
department, the governing body of a school corporation shall request
the reimbursement before November 1 of a school year.
(d) In its request, the governing body shall certify to the department:
(1) the number of students who are enrolled in that school
corporation and who are eligible for assistance under this
chapter;
(2) the costs incurred by the school corporation in providing:
(A) textbooks curricular materials (including textbooks
curricular materials used in special education and high
ability classes) to these students;
(B) workbooks, digital content, and consumable textbooks
curricular materials (including workbooks, consumable
textbooks, curricular materials, and other consumable
instructional materials that are used in special education and
high ability classes) that are used by students for not more
than one (1) school year; and
(C) instead of the purchase of textbooks, curricular
materials, developmentally appropriate material for
instruction in kindergarten through the grade 3 level,
laboratories, and children's literature programs; and
(D) curricular materials; (as defined in IC 20-20-5.5-1);
(3) that each textbook the curricular materials described in
subdivision (2)(A) (except those textbooks curricular
materials used in special education classes and high ability
classes) has been adopted by the governing body; and
(4) any other information required by the department.
(e) Each school within a school corporation shall maintain complete
and accurate information concerning the number of students
determined to be eligible for assistance under this chapter. This
information shall be provided to the department upon request.
(f) Parents receiving other governmental assistance or aid that
considers educational needs in computing the entire amount of
assistance granted may not be denied assistance if the applicant's total
family income does not exceed the standards established by this
chapter.
(g) The amount of reimbursement that a school corporation is
entitled to receive shall be determined as provided in section 9.5 of this
chapter.
meets the financial eligibility standard under section 2 of this chapter,
the parent or the emancipated minor may receive a reimbursement from
the department as provided in this chapter for the costs or some of the
costs incurred by the parent or emancipated minor in fees that are
reimbursable under section 7 of this chapter.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the state
board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to
the accredited nonpublic school. The accredited nonpublic school shall
make a determination of financial eligibility subject to appeal by the
parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for
assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the
department, the principal or other designee shall submit the
reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the
department:
(1) the number of students who are enrolled in the accredited
nonpublic school and who are eligible for assistance under this
chapter;
(2) the costs incurred in providing:
(A) textbooks curricular materials (including textbooks
curricular materials used in special education and high
ability classes); and
(B) workbooks, digital content, and consumable textbooks
curricular materials (including workbooks, consumable
textbooks, curricular materials, 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 the curricular materials described in
subdivision (2)(A) (except those textbooks any curricular
materials used in special education classes and high ability
classes) has been adopted by the governing body; and
(4) any other information required by the department.
(h) The amount of reimbursement that a parent or emancipated minor is entitled to receive shall be determined as provided in section 9.5 of this chapter.
(i) The accredited nonpublic school shall distribute the money received under this chapter to the appropriate eligible parents or emancipated minors.
(j) Section
(k) The accredited nonpublic school and the department shall maintain complete and accurate information concerning the number of applicants determined to be eligible for assistance under this section.
(l) The state board shall adopt rules under IC 4-22-2 to implement this section.
(b) The treasurer of state shall invest the money in the school
(b) The governing body may transfer the amount levied to cover unreimbursed costs of
(1) school lunch; and
(2) rental or sale of
may be established as separate funds, separate and apart from the general fund, if no local tax rate is established for the programs.
(1) The township trustee may supervise and control the program through its school corporation account by establishing a
(2) If
(b) If either program or both programs under sections 1 and 2 of this chapter are operated through the extracurricular account, the township trustee shall approve the amount of the bond of the treasurer of the extracurricular account in an amount the township trustee considers necessary to protect the account for all funds coming into the hands of the treasurer.
(1) The governing body may supervise and control the program through the school corporation account, establishing a
(2) If
may cause the program to be operated by the individual schools
of the school corporation through the school corporation's
extracurricular account or accounts in accordance with
IC 20-41-1.
(b) If the governing body determines that a hardship exists due to
the inability of a student's family to purchase or rent textbooks,
curricular materials, taking into consideration the income of the
family and the demands on the family, the governing body may furnish
textbooks curricular materials to the student without charge, without
reference to the application of any other statute or rule except
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1.
(b) If either the lunch program or
(1) Each year the trustee shall pay to the parent or legal guardian of any child whose residence is within the township, the initial cost for the rental of
(2) Students who are residents of the township for the last two (2) years of their secondary education and who still reside within
the township are entitled to receive financial assistance in an
amount not to exceed an amount determined by the trustee and
the township board during an annual review of postsecondary
education fees and tuition costs of education at any accredited
postsecondary educational institution. Amounts to be paid to
each eligible student shall be set annually after this review. The
amount paid each year must be:
(A) equitable for every eligible student without regard to
race, religion, creed, sex, disability, or national origin; and
(B) based on the number of students and the amount of
funds available each year.
(3) A person who has been a permanent resident of the township
continuously for at least two (2) years and who needs
educational assistance for job training or retraining may apply
to the trustee of the township for financial assistance. The
trustee and the township board shall review each application and
make assistance available according to the need of each
applicant and the availability of funds.
(4) If all the available funds are not used in any one (1) year, the
unused funds shall be retained in the account by the trustee for
use in succeeding years.
(1) Pooling of resources with other school corporations for liability insurance, property and casualty insurance, worker's compensation insurance, employee health insurance, vision insurance, dental insurance, or other insurance, whether by pooling risks for coverage or for the purchase of coverage, or by the creation of or participation in insurance trusts, subject to the following:
(A) School corporations that elect to pool assets for coverage must create a trust under Indiana law for the assets. The trust is subject to regulation by the department of insurance as follows:
(i) The trust must be registered with the department of insurance.
(ii) The trust shall obtain stop loss insurance issued by an insurer authorized to do business in Indiana with an aggregate retention of not more than one hundred twenty-five percent (125%) of the amount of expected claims for the following year.
(iii) Contributions by the school corporations must be set at one hundred percent (100%) of the aggregate retention plus all other costs of the trust.
(iv) The trust shall maintain a fidelity bond in an amount approved by the department of insurance. The fidelity bond must cover each person responsible for the trust for acts of fraud or dishonesty in servicing the trust.
(v) The trust is subject to IC 27-4-1-4.5 regarding claims settlement practices.
(vi) The trust shall file an annual financial statement in the form required by IC 27-1-3-13 not later than March 1 of each year.
(vii) The trust is not covered by the Indiana insurance guaranty association created under IC 27-6-8. The liability of each school corporation is joint and several.
(viii) The trust is subject to examination by the department of insurance. All costs associated with an examination shall be borne by the trust.
(ix) The department of insurance may deny, suspend, or revoke the registration of a trust if the commissioner finds that the trust is in a hazardous financial condition, the trust refuses to be examined or produce records for examination, or the trust has failed to pay a final judgment rendered against the trust by a court within thirty (30) days.
(B) The department of insurance may adopt rules under IC 4-22-2 to implement this subdivision.
(2) Electing, as an individual school corporation or as more than one (1) school corporation acting jointly, to aggregate purchases of natural gas commodity supply from any available natural gas commodity seller for all schools included in the aggregated purchases. A rate schedule that is:
(A) filed by a natural gas utility; and
(B) approved by the Indiana utility regulatory commission;
must include provisions that allow a school corporation or school corporations acting jointly to elect to make aggregated
purchases of natural gas commodity supplies. Upon request from
a school corporation, a natural gas utility shall summarize the
rates and charges for providing services to each school in the
school corporation on one (1) summary bill for remitting
payment to the utility.
(3) Consolidating purchases with other school corporations or
units of government of the following:
(A) School buses and other vehicles and vehicle fleets.
(B) Fuel, maintenance, or other services for vehicles or
vehicle fleets.
(C) Food services.
(D) Facilities management services.
(E) Transportation management services.
(F) Textbooks, Curricular materials, technology, and other
school materials and supplies.
(G) Any other purchases a school corporation may require.
Purchases may be made by contiguous school corporations, as
part of regional consolidated purchasing arrangements, or from
consolidated sources under multistate cooperative bidding
arrangements.
(1)
(2) Technology.
(3) School buses and other vehicles.
(4) Other areas of expenses as determined by the state board.
(1) political subdivisions; and
(2) their agencies.
(b) This chapter does not apply to the following:
(1) The disposal of property under an urban homesteading program under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit to an Indiana nonprofit
corporation organized for educational, literary, scientific,
religious, or charitable purposes that is exempt from federal
income taxation under Section 501 of the Internal Revenue Code
or the sale or reletting of that property by the nonprofit
corporation.
(8) The disposal of surplus property by a hospital established
and operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The disposal of surplus property by the health and hospital
corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing
authority under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of textbooks curricular materials that will no
longer be used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by
a municipal corporation without consideration to:
(A) a governmental entity; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a nonprofit corporation whose charter or articles of incorporation allows the corporation to take action for the preservation of historic property. As used in this subdivision, "historic property" means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic Places, as determined by the division of historic preservation and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental agency; or
(B) a nonprofit corporation that exists for the primary purpose of enhancing the environment;
when the property is to be used for compliance with a permit or an order issued by a federal or state regulatory agency to mitigate an adverse environmental impact.
(23) The disposal of property to a person under an agreement between the person and a political subdivision or an agency of a political subdivision under IC 5-23.
(24) The disposal of residential real property pursuant to a federal aviation regulation (14 CFR 150) Airport Noise Compatibility Planning Program as approved by the Federal Aviation Administration.
