Bill Text: IN SB0464 | 2013 | Regular Session | Enrolled
Bill Title: Education funding for children in residential care.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 129 [SB0464 Detail]
Download: Indiana-2013-SB0464-Enrolled.html
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
AN ACT to amend the Indiana Code concerning education.
(1) "ADM" means average daily membership (as defined in IC 20-18-2-2).
(2) "Facility" means a secure private facility described in IC 31-9-2-115(a)(1).
(3) "School corporation" means the Indiana school or charter school that is receiving state tuition support for the student at the time of the student's admission to the facility.
(4) "Student" means an individual who:
(A) is more than five (5) years of age and less than twenty-three (23) years of age;
(B) has been admitted to a facility; and
(C) was enrolled in a school corporation during the school year immediately preceding the student's admission to the facility.
(b) This section applies to a student if:
(1) the student is placed in a facility under the written order of a physician licensed under IC 25-22.5;
(2) the written order of the physician licensed under
IC 25-22.5 is based on medical necessity, as determined by a
physician licensed under IC 25-22.5; and
(3) the student receives educational services provided by the
facility.
(c) A facility shall provide written notice to the school
corporation
not later than five (5) business days (excluding
weekends and holidays) after a student described in subsection (b)
is admitted to the facility. The written notice must include the
following:
(1) The student's name, address, and date of birth.
(2) The date on which the student was admitted to the facility.
(3) A copy of the physician's written order.
(4) A statement that the student has opted out of attending
school under IC 20-26-11-8.
(5) A statement that the facility will provide all educational
services to the student during the student's admission in the
facility.
(d) The school corporation shall pay the facility a daily per diem
as determined under subsection (e) for the educational services
provided by the facility to the student during the student's
admission in the facility. The school corporation may not be
required to pay for any educational services provided to the
student by the facility exceeding one hundred eighty (180)
instructional days or an amount exceeding the student's
proportionate share of state distributions paid to the school
corporation, as determined under subsection (e).
(e) A school corporation shall pay to the facility an amount,
prorated according to the number of instructional days for which
the student receives the educational services, equal to:
(1) the student's proportionate share (as compared to the
school corporation's total ADM) of basic tuition support (as
determined under IC 20-43-6-3(b)) distributions that are
made to the school corporation for the school year; and
(2) any special education grants received by the school
corporation for the student under IC 20-43-7.
Upon request of a facility, the department shall verify the amounts
described in this subsection for a student admitted to the facility.
(f) A school corporation responsible for making a per diem
payment under this section shall pay the facility not later than sixty
(60) days after receiving an invoice from the facility. The school
corporation and the facility are entitled to the same remedies for
disagreements over amounts or nonpayment of an amount due as
are provided under the laws governing transfer tuition.
(g) For each student admitted to a facility, the facility shall
provide the following in accordance with rules adopted by the state
board:
(1) An educational opportunity, including special education
and related services, that is comparable to that of a student
attending a school in the school corporation.
(2) A level of educational services from the facility that is
comparable to that of a student attending a school in the
school corporation.
(3) Unless otherwise provided in a student's individualized
education program (as defined in IC 20-18-2-9), educational
services that include at least the following:
(A) An instructional day that meets the requirements of
IC 20-30-2-2.
(B) A school year with at least one hundred eighty (180)
student instructional days as provided under IC 20-30-2-3.
(C) Educationally appropriate textbooks and other
materials.
(D) Educational services provided by licensed teachers.
(h) The state board shall adopt a rule that addresses the
responsibilities of the school corporation and the facility with
regard to a student with an individualized education program.
(i) This section does not limit a student's right to attend a school
as provided in IC 20-26-11-8.
(j) The state board shall adopt rules under IC 4-22-2 as
necessary to implement this section.
(k) The state board may adopt emergency rules in the manner
provided in IC 4-22-2-37.1 to implement this section.
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