Indiana 2023 Regular Session

Indiana House Bill HB1255 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1255
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26; IC 20-26.5-2-3; IC 20-33-5; IC 20-40;
7	7	IC 20-41; IC 20-42-3-10.
8	8	Synopsis: Elimination of textbook fees. Requires each public school
9	9	to provide curricular materials at no cost to each student enrolled in the
10	10	public school. Establishes the curricular materials fund (fund) to
11	11	provide state advancements for costs incurred by public schools in
12	12	providing curricular materials to students at no cost. Provides that the
13	13	department of education (department) shall administer the fund.
14	14	Provides that for state fiscal years beginning after June 30, 2023,
15	15	money in the fund is continually appropriated. Provides that a
16	16	governing body or organizer of a charter school: (1) may purchase from
17	17	a publisher any curricular materials selected by proper officials; (2)
18	18	may rent curricular materials to certain nonpublic schools; and (3) may
19	19	not rent the curricular materials to any student enrolled in any public
20	20	school. Repeals a requirement that a school corporation must offer
21	21	curricular materials at a reasonable rate to a family that moves during
22	22	the school term. Repeals a requirement that a township trustee must use
23	23	specified accounting methods for a curricular materials rental fund.
24	24	Makes conforming changes. Requests an appropriation in the state
25	25	budget to the fund for the biennium beginning July 1, 2023, and ending
26	26	June 30, 2025. Appropriates from the state general fund to the office of
27	27	the secretary of family and social services an amount sufficient to meet
28	28	maintenance of effort requirements in the state budget for the biennium
29	29	beginning July 1, 2023, and ending June 30, 2025.
30	30	Effective: July 1, 2023.
31	31	Hatfield
32	32	January 11, 2023, read first time and referred to Committee on Education.
33	33	2023 IN 1255—LS 6522/DI 147 Introduced
34	34	First Regular Session of the 123rd General Assembly (2023)
35	35	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	36	Constitution) is being amended, the text of the existing provision will appear in this style type,
37	37	additions will appear in this style type, and deletions will appear in this style type.
38	38	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	39	provision adopted), the text of the new provision will appear in this style type. Also, the
40	40	word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	41	a new provision to the Indiana Code or the Indiana Constitution.
42	42	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	43	between statutes enacted by the 2022 Regular Session of the General Assembly.
44	44	HOUSE BILL No. 1255
45	45	A BILL FOR AN ACT to amend the Indiana Code concerning
46	46	education and to make an appropriation.
47	47	Be it enacted by the General Assembly of the State of Indiana:
48	48	1 SECTION 1. IC 20-26-5-4, AS AMENDED BY P.L.270-2019,
49	49	2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50	50	3 JULY 1, 2023]: Sec. 4. (a) In carrying out the school purposes of a
51	51	4 school corporation, the governing body acting on the school
52	52	5 corporation's behalf has the following specific powers:
53	53	6 (1) In the name of the school corporation, to sue and be sued and
54	54	7 to enter into contracts in matters permitted by applicable law.
55	55	8 However, a governing body may not use funds received from the
56	56	9 state to bring or join in an action against the state, unless the
57	57	10 governing body is challenging an adverse decision by a state
58	58	11 agency, board, or commission.
59	59	12 (2) To take charge of, manage, and conduct the educational affairs
60	60	13 of the school corporation and to establish, locate, and provide the
61	61	14 necessary schools, school libraries, other libraries where
62	62	15 permitted by law, other buildings, facilities, property, and
63	63	16 equipment.
64	64	17 (3) To appropriate from the school corporation's general fund
65	65	2023 IN 1255—LS 6522/DI 147 2
66	66	1 (before January 1, 2019) or the school corporation's operations
67	67	2 fund (after December 31, 2018) an amount, not to exceed the
68	68	3 greater of three thousand dollars ($3,000) per budget year or one
69	69	4 dollar ($1) per pupil, not to exceed twelve thousand five hundred
70	70	5 dollars ($12,500), based on the school corporation's ADM of the
71	71	6 previous year (as defined in IC 20-43-1-7) to promote the best
72	72	7 interests of the school corporation through:
73	73	8 (A) the purchase of meals, decorations, memorabilia, or
74	74	9 awards;
75	75	10 (B) provision for expenses incurred in interviewing job
76	76	11 applicants; or
77	77	12 (C) developing relations with other governmental units.
78	78	13 (4) To do the following:
79	79	14 (A) Acquire, construct, erect, maintain, hold, and contract for
80	80	15 construction, erection, or maintenance of real estate, real estate
81	81	16 improvements, or an interest in real estate or real estate
82	82	17 improvements, as the governing body considers necessary for
83	83	18 school purposes, including buildings, parts of buildings,
84	84	19 additions to buildings, rooms, gymnasiums, auditoriums,
85	85	20 playgrounds, playing and athletic fields, facilities for physical
86	86	21 training, buildings for administrative, office, warehouse, repair
87	87	22 activities, or housing school owned buses, landscaping, walks,
88	88	23 drives, parking areas, roadways, easements and facilities for
89	89	24 power, sewer, water, roadway, access, storm and surface
90	90	25 water, drinking water, gas, electricity, other utilities and
91	91	26 similar purposes, by purchase, either outright for cash (or
92	92	27 under conditional sales or purchase money contracts providing
93	93	28 for a retention of a security interest by the seller until payment
94	94	29 is made or by notes where the contract, security retention, or
95	95	30 note is permitted by applicable law), by exchange, by gift, by
96	96	31 devise, by eminent domain, by lease with or without option to
97	97	32 purchase, or by lease under IC 20-47-2, IC 20-47-3, or
98	98	33 IC 20-47-5.
99	99	34 (B) Repair, remodel, remove, or demolish, or to contract for
100	100	35 the repair, remodeling, removal, or demolition of the real
101	101	36 estate, real estate improvements, or interest in the real estate
102	102	37 or real estate improvements, as the governing body considers
103	103	38 necessary for school purposes.
104	104	39 (C) Provide for conservation measures through utility
105	105	40 efficiency programs or under a guaranteed savings contract as
106	106	41 described in IC 36-1-12.5.
107	107	42 (5) To acquire personal property or an interest in personal
108	108	2023 IN 1255—LS 6522/DI 147 3
109	109	1 property as the governing body considers necessary for school
110	110	2 purposes, including buses, motor vehicles, equipment, apparatus,
111	111	3 appliances, books, furniture, and supplies, either by cash purchase
112	112	4 or under conditional sales or purchase money contracts providing
113	113	5 for a security interest by the seller until payment is made or by
114	114	6 notes where the contract, security, retention, or note is permitted
115	115	7 by applicable law, by gift, by devise, by loan, or by lease with or
116	116	8 without option to purchase and to repair, remodel, remove,
117	117	9 relocate, and demolish the personal property. All purchases and
118	118	10 contracts specified under the powers authorized under subdivision
119	119	11 (4) and this subdivision are subject solely to applicable law
120	120	12 relating to purchases and contracting by municipal corporations
121	121	13 in general and to the supervisory control of state agencies as
122	122	14 provided in section 6 of this chapter.
123	123	15 (6) To sell or exchange real or personal property or interest in real
124	124	16 or personal property that, in the opinion of the governing body, is
125	125	17 not necessary for school purposes, in accordance with IC 20-26-7
126	126	18 and IC 20-26-7.1, to demolish or otherwise dispose of the
127	127	19 property if, in the opinion of the governing body, the property is
128	128	20 not necessary for school purposes and is worthless, and to pay the
129	129	21 expenses for the demolition or disposition.
130	130	22 (7) To lease any school property for a rental that the governing
131	131	23 body considers reasonable or to permit the free use of school
132	132	24 property for:
133	133	25 (A) civic or public purposes; or
134	134	26 (B) the operation of a school age child care program for
135	135	27 children who are at least five (5) years of age and less than
136	136	28 fifteen (15) years of age that operates before or after the school
137	137	29 day, or both, and during periods when school is not in session;
138	138	30 if the property is not needed for school purposes. Under this
139	139	31 subdivision, the governing body may enter into a long term lease
140	140	32 with a nonprofit corporation, community service organization, or
141	141	33 other governmental entity, if the corporation, organization, or
142	142	34 other governmental entity will use the property to be leased for
143	143	35 civic or public purposes or for a school age child care program.
144	144	36 However, if payment for the property subject to a long term lease
145	145	37 is made from money in the school corporation's debt service fund,
146	146	38 all proceeds from the long term lease must be deposited in the
147	147	39 school corporation's debt service fund so long as payment for the
148	148	40 property has not been made. The governing body may, at the
149	149	41 governing body's option, use the procedure specified in
150	150	42 IC 36-1-11-10 in leasing property under this subdivision.
151	151	2023 IN 1255—LS 6522/DI 147 4
152	152	1 (8) To do the following:
153	153	2 (A) Employ, contract for, and discharge superintendents,
154	154	3 supervisors, principals, teachers, librarians, athletic coaches
155	155	4 (whether or not they are otherwise employed by the school
156	156	5 corporation and whether or not they are licensed under
157	157	6 IC 20-28-5), business managers, superintendents of buildings
158	158	7 and grounds, janitors, engineers, architects, physicians,
159	159	8 dentists, nurses, accountants, teacher aides performing
160	160	9 noninstructional duties, educational and other professional
161	161	10 consultants, data processing and computer service for school
162	162	11 purposes, including the making of schedules, the keeping and
163	163	12 analyzing of grades and other student data, the keeping and
164	164	13 preparing of warrants, payroll, and similar data where
165	165	14 approved by the state board of accounts as provided below,
166	166	15 and other personnel or services as the governing body
167	167	16 considers necessary for school purposes.
168	168	17 (B) Fix and pay the salaries and compensation of persons and
169	169	18 services described in this subdivision that are consistent with
170	170	19 IC 20-28-9-1.5.
171	171	20 (C) Classify persons or services described in this subdivision
172	172	21 and to adopt a compensation plan with a salary range that is
173	173	22 consistent with IC 20-28-9-1.5.
174	174	23 (D) Determine the number of the persons or the amount of the
175	175	24 services employed or contracted for as provided in this
176	176	25 subdivision.
177	177	26 (E) Determine the nature and extent of the duties of the
178	178	27 persons described in this subdivision.
179	179	28 The compensation, terms of employment, and discharge of
180	180	29 teachers are, however, subject to and governed by the laws
181	181	30 relating to employment, contracting, compensation, and discharge
182	182	31 of teachers. The compensation, terms of employment, and
183	183	32 discharge of bus drivers are subject to and governed by laws
184	184	33 relating to employment, contracting, compensation, and discharge
185	185	34 of bus drivers.
186	186	35 (9) Notwithstanding the appropriation limitation in subdivision
187	187	36 (3), when the governing body by resolution considers a trip by an
188	188	37 employee of the school corporation or by a member of the
189	189	38 governing body to be in the interest of the school corporation,
190	190	39 including attending meetings, conferences, or examining
191	191	40 equipment, buildings, and installation in other areas, to permit the
192	192	41 employee to be absent in connection with the trip without any loss
193	193	42 in pay and to reimburse the employee or the member the
194	194	2023 IN 1255—LS 6522/DI 147 5
195	195	1 employee's or member's reasonable lodging and meal expenses
196	196	2 and necessary transportation expenses. To pay teaching personnel
197	197	3 for time spent in sponsoring and working with school related trips
198	198	4 or activities.
199	199	5 (10) Subject to IC 20-27-13, to transport children to and from
200	200	6 school, when in the opinion of the governing body the
201	201	7 transportation is necessary, including considerations for the safety
202	202	8 of the children. The transportation must be otherwise in
203	203	9 accordance with applicable law.
204	204	10 (11) To provide a lunch program for a part or all of the students
205	205	11 attending the schools of the school corporation, including the
206	206	12 establishment of kitchens, kitchen facilities, kitchen equipment,
207	207	13 lunch rooms, the hiring of the necessary personnel to operate the
208	208	14 lunch program, and the purchase of material and supplies for the
209	209	15 lunch program, charging students for the operational costs of the
210	210	16 lunch program, fixing the price per meal or per food item. To
211	211	17 operate the lunch program as an extracurricular activity, subject
212	212	18 to the supervision of the governing body. To participate in a
213	213	19 surplus commodity or lunch aid program.
214	214	20 (12) To purchase curricular materials and to furnish curricular
215	215	21 materials without cost. or to rent curricular materials to students,
216	216	22 and to participate in a curricular materials aid program, all in
217	217	23 accordance with applicable law.
218	218	24 (13) To accept students transferred from other school corporations
219	219	25 and to transfer students to other school corporations in accordance
220	220	26 with applicable law.
221	221	27 (14) To make budgets, to appropriate funds, and to disburse the
222	222	28 money of the school corporation in accordance with applicable
223	223	29 law. To borrow money against current tax collections and
224	224	30 otherwise to borrow money, in accordance with IC 20-48-1.
225	225	31 (15) To purchase insurance or to establish and maintain a
226	226	32 program of self-insurance relating to the liability of the school
227	227	33 corporation or the school corporation's employees in connection
228	228	34 with motor vehicles or property and for additional coverage to the
229	229	35 extent permitted and in accordance with IC 34-13-3-20. To
230	230	36 purchase additional insurance or to establish and maintain a
231	231	37 program of self-insurance protecting the school corporation and
232	232	38 members of the governing body, employees, contractors, or agents
233	233	39 of the school corporation from liability, risk, accident, or loss
234	234	40 related to school property, school contract, school or school
235	235	41 related activity, including the purchase of insurance or the
236	236	42 establishment and maintenance of a self-insurance program
237	237	2023 IN 1255—LS 6522/DI 147 6
238	238	1 protecting persons described in this subdivision against false
239	239	2 imprisonment, false arrest, libel, or slander for acts committed in
240	240	3 the course of the persons' employment, protecting the school
241	241	4 corporation for fire and extended coverage and other casualty
242	242	5 risks to the extent of replacement cost, loss of use, and other
243	243	6 insurable risks relating to property owned, leased, or held by the
244	244	7 school corporation. In accordance with IC 20-26-17, to:
245	245	8 (A) participate in a state employee health plan under
246	246	9 IC 5-10-8-6.7;
247	247	10 (B) purchase insurance; or
248	248	11 (C) establish and maintain a program of self-insurance;
249	249	12 to benefit school corporation employees, including accident,
250	250	13 sickness, health, or dental coverage, provided that a plan of
251	251	14 self-insurance must include an aggregate stop-loss provision.
252	252	15 (16) To make all applications, to enter into all contracts, and to
253	253	16 sign all documents necessary for the receipt of aid, money, or
254	254	17 property from the state, the federal government, or from any other
255	255	18 source.
256	256	19 (17) To defend a member of the governing body or any employee
257	257	20 of the school corporation in any suit arising out of the
258	258	21 performance of the member's or employee's duties for or
259	259	22 employment with, the school corporation, if the governing body
260	260	23 by resolution determined that the action was taken in good faith.
261	261	24 To save any member or employee harmless from any liability,
262	262	25 cost, or damage in connection with the performance, including the
263	263	26 payment of legal fees, except where the liability, cost, or damage
264	264	27 is predicated on or arises out of the bad faith of the member or
265	265	28 employee, or is a claim or judgment based on the member's or
266	266	29 employee's malfeasance in office or employment.
267	267	30 (18) To prepare, make, enforce, amend, or repeal rules,
268	268	31 regulations, and procedures:
269	269	32 (A) for the government and management of the schools,
270	270	33 property, facilities, and activities of the school corporation, the
271	271	34 school corporation's agents, employees, and pupils and for the
272	272	35 operation of the governing body; and
273	273	36 (B) that may be designated by an appropriate title such as
274	274	37 "policy handbook", "bylaws", or "rules and regulations".
275	275	38 (19) To ratify and approve any action taken by a member of the
276	276	39 governing body, an officer of the governing body, or an employee
277	277	40 of the school corporation after the action is taken, if the action
278	278	41 could have been approved in advance, and in connection with the
279	279	42 action to pay the expense or compensation permitted under
280	280	2023 IN 1255—LS 6522/DI 147 7
281	281	1 IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1,
282	282	2 IC 20-40-12, and IC 20-48-1 or any other law.
283	283	3 (20) To exercise any other power and make any expenditure in
284	284	4 carrying out the governing body's general powers and purposes
285	285	5 provided in this chapter or in carrying out the powers delineated
286	286	6 in this section which is reasonable from a business or educational
287	287	7 standpoint in carrying out school purposes of the school
288	288	8 corporation, including the acquisition of property or the
289	289	9 employment or contracting for services, even though the power or
290	290	10 expenditure is not specifically set out in this chapter. The specific
291	291	11 powers set out in this section do not limit the general grant of
292	292	12 powers provided in this chapter except where a limitation is set
293	293	13 out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
294	294	14 IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
295	295	15 specific language or by reference to other law.
296	296	16 (b) A superintendent hired under subsection (a)(8):
297	297	17 (1) is not required to hold a teacher's license under IC 20-28-5;
298	298	18 and
299	299	19 (2) is required to have obtained at least a master's degree from an
300	300	20 accredited postsecondary educational institution.
301	301	21 SECTION 2. IC 20-26-5-38, AS ADDED BY P.L.94-2019,
302	302	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303	303	23 JULY 1, 2023]: Sec. 38. (a) As used in this section, "juvenile detention
304	304	24 facility" refers to the following:
305	305	25 (1) A juvenile detention facility under IC 31-31-8.
306	306	26 (2) A juvenile detention center under IC 31-31-9.
307	307	27 (3) A shelter care facility that is licensed to care for more than ten
308	308	28 (10) children.
309	309	29 (b) As used in this section, "school materials" includes curricular
310	310	30 materials and syllabi for a particular grade level or course. The term
311	311	31 does not include hardware that will be consumed, accessed, or used by
312	312	32 a single student during a semester or school year.
313	313	33 (c) If a child is or will be detained in a juvenile detention facility for
314	314	34 more than seven (7) calendar days, the school corporation shall, upon
315	315	35 request by the juvenile detention facility or the child's parent, provide
316	316	36 to the juvenile detention facility the school materials for the grade level
317	317	37 or courses in which the child is enrolled or would be enrolled if the
318	318	38 child were not detained. The school corporation may provide the school
319	319	39 materials in an electronic format.
320	320	40 (d) The school corporation shall, upon request by the juvenile
321	321	41 detention facility or the child's parent, deliver to the juvenile detention
322	322	42 facility the school materials described in subsection (c) at least once
323	323	2023 IN 1255—LS 6522/DI 147 8
324	324	1 every seven (7) calendar days, excluding any days that are not student
325	325	2 instructional days.
326	326	3 (e) Except for the assessment of rental fees for curricular materials
327	327	4 under IC 20-26-12, The school corporation is responsible for any costs
328	328	5 associated with preparing and delivering school materials under this
329	329	6 section.
330	330	7 (f) The school corporation is not required to provide school
331	331	8 materials that have been requested by a juvenile detention facility or
332	332	9 the child's parent under this section if the:
333	333	10 (1) child is released from the juvenile detention facility; or
334	334	11 (2) juvenile detention facility or the child's parent requests that
335	335	12 the school corporation no longer provide the school materials.
336	336	13 SECTION 3. IC 20-26-12-1, AS AMENDED BY P.L.233-2015,
337	337	14 SECTION 150, IS AMENDED TO READ AS FOLLOWS
338	338	15 [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as provided in
339	339	16 subsection (b) and Notwithstanding any other law, each governing
340	340	17 body of a school corporation and each organizer of a charter school
341	341	18 shall purchase from a publisher, either individually or through a
342	342	19 purchasing cooperative of school corporations, as applicable, the
343	343	20 curricular materials selected by the proper local officials, and shall rent
344	344	21 provide at no cost the curricular materials to each student enrolled in
345	345	22 a public the school corporation or charter school. that is:
346	346	23 (1) in compliance with the minimum certification standards of the
347	347	24 state board; and
348	348	25 (2) located within the attendance unit served by the governing
349	349	26 body.
350	350	27 (b) This section does not prohibit a governing body from suspending
351	351	28 the operation of this section under a contract entered into under
352	352	29 IC 20-26-15.
353	353	30 SECTION 4. IC 20-26-12-2, AS AMENDED BY P.L.233-2015,
354	354	31 SECTION 151, IS AMENDED TO READ AS FOLLOWS
355	355	32 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A governing body or an
356	356	33 organizer of a charter school may purchase from a publisher any
357	357	34 curricular material selected by the proper local officials. The governing
358	358	35 body or the organizer of a charter school may not rent the curricular
359	359	36 materials to students enrolled in any public or nonpublic school.
360	360	37 (b) A governing body or an organizer of a charter school may
361	361	38 rent curricular materials to students enrolled in any nonpublic
362	362	39 school that is
363	363	40 (1) in compliance with the minimum certification standards of the
364	364	41 state board. and
365	365	42 (2) located within the attendance unit served by the governing
366	366	2023 IN 1255—LS 6522/DI 147 9
367	367	1 body.
368	368	2 The annual rental rate may not exceed twenty-five percent (25%) of the
369	369	3 retail price of the curricular materials.
370	370	4 (b) Notwithstanding subsection (a), the governing body may not
371	371	5 assess a rental fee of more than twenty-five percent (25%) of the retail
372	372	6 price of curricular materials that have been:
373	373	7 (1) extended for usage by students under section 24(e) of this
374	374	8 chapter; and
375	375	9 (2) paid for through rental fees previously collected.
376	376	10 (c) A governing body or an organizer of a charter school may
377	377	11 negotiate the rental rate for the curricular materials rented to any
378	378	12 nonpublic school under subsection (b).
379	379	13 (d) A governing body shall collect and deposit the amounts
380	380	14 received from the rental of curricular materials to a nonpublic
381	381	15 school into the curricular materials account, in accordance with
382	382	16 IC 20-40-22-7, in equal amounts for each public school of the
383	383	17 school corporation.
384	384	18 (e) An organizer of a charter school shall deposit all money
385	385	19 received from the rental of curricular materials to a nonpublic
386	386	20 school into the charter school's curricular materials account
387	387	21 described in IC 20-40-22-7.
388	388	22 (c) (f) This section does not limit other laws.
389	389	23 SECTION 5. IC 20-26-12-26 IS REPEALED [EFFECTIVE JULY
390	390	24 1, 2023]. Sec. 26. If a family moves during the school term from one
391	391	25 (1) school corporation to another within the state, the corporation from
392	392	26 which they move shall:
393	393	27 (1) evaluate the affected children's curricular materials; and
394	394	28 (2) offer to purchase the curricular materials at a reasonable price
395	395	29 for resale to any family that moves into that corporation during a
396	396	30 school term.
397	397	31 SECTION 6. IC 20-26-15-5, AS AMENDED BY P.L.92-2020,
398	398	32 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
399	399	33 JULY 1, 2023]: Sec. 5. Notwithstanding any other law, the operation
400	400	34 of the following is suspended for a freeway school corporation or a
401	401	35 freeway school if the governing body of the school corporation elects
402	402	36 to have the specific statute or rule suspended in the contract:
403	403	37 (1) The following statutes and rules concerning curriculum and
404	404	38 instructional time:
405	405	39 IC 20-30-2-7
406	406	40 IC 20-30-5-8
407	407	41 IC 20-30-5-9
408	408	42 IC 20-30-5-11
409	409	2023 IN 1255—LS 6522/DI 147 10
410	410	1 511 IAC 6-7-6
411	411	2 511 IAC 6.1-5-0.5
412	412	3 511 IAC 6.1-5-1
413	413	4 511 IAC 6.1-5-2.5
414	414	5 511 IAC 6.1-5-3.5
415	415	6 511 IAC 6.1-5-4.
416	416	7 (2) The following rule concerning pupil/teacher ratios:
417	417	8 511 IAC 6.1-4-1.
418	418	9 (3) The following statutes and rules concerning curricular
419	419	10 materials:
420	420	11 IC 20-26-12-24
421	421	12 IC 20-26-12-26
422	422	13 IC 20-26-12-1, except for the provision of curricular
423	423	14 materials at no cost to a student in a public school.
424	424	15 IC 20-26-12-2, except for the prohibition of renting
425	425	16 curricular materials to students enrolled in a public school.
426	426	17 511 IAC 6.1-5-5.
427	427	18 (4) 511 IAC 6-7, concerning graduation requirements.
428	428	19 (5) IC 20-31-4.1, concerning the performance based accreditation
429	429	20 system.
430	430	21 (6) IC 20-32-5 (before its expiration on July 1, 2018), concerning
431	431	22 the ISTEP program established under IC 20-32-5-15, if an
432	432	23 alternative locally adopted assessment program is adopted under
433	433	24 section 6(4) of this chapter.
434	434	25 SECTION 7. IC 20-26.5-2-3, AS AMENDED BY P.L.126-2022,
435	435	26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
436	436	27 JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, the
437	437	28 following may be suspended for a coalition member in accordance with
438	438	29 the coalition's plan:
439	439	30 (1) Subject to section 1(c) of this chapter, IC 20-30, concerning
440	440	31 curriculum.
441	441	32 (2) The following statutes and rules concerning curricular
442	442	33 materials:
443	443	34 IC 20-26-12-1, except for the provision of curricular
444	444	35 materials at no cost to a student in a public school.
445	445	36 IC 20-26-12-2, except for the prohibition of renting
446	446	37 curricular materials to students enrolled in a public school.
447	447	38 IC 20-26-12-24.
448	448	39 IC 20-26-12-26.
449	449	40 511 IAC 6.1-5-5.
450	450	41 (3) The following rules concerning teacher licenses:
451	451	42 511 IAC 16.
452	452	2023 IN 1255—LS 6522/DI 147 11
453	453	1 511 IAC 17.
454	454	2 (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
455	455	3 of academic standards).
456	456	4 (5) IC 20-31-4.1, concerning the performance based accreditation
457	457	5 system.
458	458	6 (6) Except as provided in subsection (b), any other statute in
459	459	7 IC 20 or rule in 511 IAC requested to be suspended as part of the
460	460	8 plan that is approved by the state board under section 1 of this
461	461	9 chapter.
462	462	10 (b) A coalition member may not suspend under subsection (a)(6)
463	463	11 any of the following:
464	464	12 (1) IC 20-26-5-10 (criminal history and child protection index
465	465	13 check).
466	466	14 (2) IC 20-28 (school teachers).
467	467	15 (3) IC 20-29 (collective bargaining).
468	468	16 (4) IC 20-31 (accountability for performance and improvement),
469	469	17 except for IC 20-31-3 and IC 20-31-4.1.
470	470	18 (5) Subject to subsection (c), IC 20-32-4 (graduation
471	471	19 requirements).
472	472	20 (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
473	473	21 Readiness Network (ILEARN) program).
474	474	22 (7) IC 20-33 (students).
475	475	23 (8) IC 20-34 (student health and safety measures).
476	476	24 (9) IC 20-35 (special education).
477	477	25 (10) IC 20-35.5 (dyslexia screening and intervention).
478	478	26 (11) IC 20-36 (high ability students).
479	479	27 (12) IC 20-39 (accounting and financial reporting procedures).
480	480	28 (13) IC 20-40 (government funds and accounts).
481	481	29 (14) IC 20-41 (extracurricular funds and accounts).
482	482	30 (15) IC 20-42 (fiduciary funds and accounts).
483	483	31 (16) IC 20-42.5 (allocation of expenditures to student instruction
484	484	32 and learning).
485	485	33 (17) IC 20-43 (state tuition support).
486	486	34 (18) IC 20-44 (property tax levies).
487	487	35 (19) IC 20-46 (levies other than general fund levies).
488	488	36 (20) IC 20-47 (related entities; holding companies; lease
489	489	37 agreements).
490	490	38 (21) IC 20-48 (borrowing and bonds).
491	491	39 (22) IC 20-49 (state management of common school funds; state
492	492	40 advances and loans).
493	493	41 (23) IC 20-50 (homeless children and foster care children).
494	494	42 (c) A coalition member must comply with the postsecondary
495	495	2023 IN 1255—LS 6522/DI 147 12
496	496	1 readiness competency requirements under IC 20-32-4-1.5(b)(1).
497	497	2 However, notwithstanding any other law, a coalition member may
498	498	3 replace high school courses on the high school transcript with courses
499	499	4 on the same subject matter with equal or greater rigor to the required
500	500	5 high school course and may count such a course as satisfying the
501	501	6 equivalent diploma requirements established by IC 20 and any
502	502	7 applicable state board administrative rules or requirements. If the
503	503	8 coalition member school offers courses that are not aligned with
504	504	9 requirements adopted by the state board under IC 20-30-10, a parent of
505	505	10 a student and the student who intends to enroll in a course that is not
506	506	11 aligned with requirements adopted by the state board under
507	507	12 IC 20-30-10 must provide consent to the coalition member school to
508	508	13 enroll in the course. The consent form used by the coalition, which
509	509	14 shall be developed in collaboration with the commission for higher
510	510	15 education, must notify the parent and the student that enrollment in the
511	511	16 course may affect the student's ability to attend a particular
512	512	17 postsecondary educational institution or enroll in a particular course at
513	513	18 a particular postsecondary educational institution because the course
514	514	19 does not align with requirements established by the state board under
515	515	20 IC 20-30-10.
516	516	21 SECTION 8. IC 20-33-5-3, AS AMENDED BY P.L.286-2013,
517	517	22 SECTION 112, IS AMENDED TO READ AS FOLLOWS
518	518	23 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) If a parent of a child or an
519	519	24 emancipated minor who is enrolled in a public school in kindergarten
520	520	25 or grades 1 through 12 meets the financial eligibility standard under
521	521	26 section 2 of this chapter, the parent or the emancipated minor may not
522	522	27 be required to pay the fees for curricular materials, supplies or other
523	523	28 required class fees. The fees shall be paid by the school corporation
524	524	29 that the child attends.
525	525	30 (b) The school corporation may apply for a reimbursement under
526	526	31 section 7 of this chapter from the department of the costs incurred
527	527	32 under subsection (a).
528	528	33 (c) To the extent the reimbursement received by the school
529	529	34 corporation is less than the rental fee assessed for curricular materials,
530	530	35 the school corporation may request that the parent or emancipated
531	531	36 minor pay the balance of this amount.
532	532	37 SECTION 9. IC 20-33-5-5, AS ADDED BY P.L.1-2005, SECTION
533	533	38 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
534	534	39 2023]: Sec. 5. All school corporations must give notice in nontechnical
535	535	40 language and in a manner that can be reasonably expected to reach
536	536	41 parents of students before the collection of any fees for schoolbooks
537	537	42 and supplies or other required class fees that are not curricular
538	538	2023 IN 1255—LS 6522/DI 147 13
539	539	1 materials. This notice must inform the parents of the following:
540	540	2 (1) The availability of assistance.
541	541	3 (2) The eligibility standards.
542	542	4 (3) The procedure for obtaining assistance, including the right and
543	543	5 method of appeal.
544	544	6 (4) The availability of application forms at a designated school
545	545	7 office.
546	546	8 SECTION 10. IC 20-33-5-7, AS AMENDED BY P.L.286-2013,
547	547	9 SECTION 113, IS AMENDED TO READ AS FOLLOWS
548	548	10 [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a determination is made
549	549	11 that the applicant is eligible for assistance, the school corporation shall
550	550	12 pay the cost of the student's required fees.
551	551	13 (b) A school corporation shall receive a reimbursement from the
552	552	14 department for some or all of the costs incurred by a school corporation
553	553	15 during a school year in providing curricular materials assistance to
554	554	16 students who are eligible under section 2 of this chapter.
555	555	17 (c) (b) To be guaranteed some level of reimbursement from the
556	556	18 department, the governing body of a school corporation shall request
557	557	19 the reimbursement before November 1 of a school year.
558	558	20 (d) (c) In its request, the governing body shall certify to the
559	559	21 department:
560	560	22 (1) the number of students who are enrolled in that school
561	561	23 corporation and who are eligible for assistance under this chapter;
562	562	24 (2) the costs incurred by the school corporation in providing:
563	563	25 (A) curricular materials (including curricular materials used in
564	564	26 special education and high ability classes) to these students;
565	565	27 (B) workbooks, digital content, and consumable curricular
566	566	28 materials (including workbooks, consumable curricular
567	567	29 materials, and other consumable instructional materials that
568	568	30 are used in special education and high ability classes) that are
569	569	31 used by students for not more than one (1) school year; and
570	570	32 (C) instead of the purchase of curricular materials,
571	571	33 developmentally appropriate material for instruction in
572	572	34 kindergarten through the grade 3 level, laboratories, and
573	573	35 children's literature programs;
574	574	36 (3) that the curricular materials described in subdivision (2)(A)
575	575	37 (except curricular materials used in special education classes and
576	576	38 high ability classes) have been adopted by the governing body;
577	577	39 and
578	578	40 (4) (2) any other information required by the department.
579	579	41 (e) (d) Each school within a school corporation shall maintain
580	580	42 complete and accurate information concerning the number of students
581	581	2023 IN 1255—LS 6522/DI 147 14
582	582	1 determined to be eligible for assistance under this chapter. This
583	583	2 information shall be provided to the department upon request.
584	584	3 (f) (e) Parents receiving other governmental assistance or aid that
585	585	4 considers educational needs in computing the entire amount of
586	586	5 assistance granted may not be denied assistance if the applicant's total
587	587	6 family income does not exceed the standards established by this
588	588	7 chapter.
589	589	8 (g) (f) The amount of reimbursement that a school corporation is
590	590	9 entitled to receive shall be determined as provided in section 9.5 of this
591	591	10 chapter.
592	592	11 SECTION 11. IC 20-33-5-9, AS AMENDED BY P.L.92-2020,
593	593	12 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
594	594	13 JULY 1, 2023]: Sec. 9. (a) As used in this section, "accredited
595	595	14 nonpublic school" means a nonpublic school that:
596	596	15 (1) has voluntarily become accredited under IC 20-31-4.1; or
597	597	16 (2) is accredited by a national or regional accrediting agency that
598	598	17 is recognized by the state board.
599	599	18 (b) If a parent of a child or an emancipated minor who is enrolled in
600	600	19 an accredited nonpublic school meets the financial eligibility standard
601	601	20 under section 2 of this chapter, the parent or the emancipated minor
602	602	21 may receive a reimbursement from the department as provided in this
603	603	22 chapter for the costs or some of the costs incurred by the parent or
604	604	23 emancipated minor in for the costs of curricular materials and fees
605	605	24 that are reimbursable under section 7 of this chapter.
606	606	25 (c) The department shall provide each accredited nonpublic school
607	607	26 with sufficient application forms for assistance, prescribed by the state
608	608	27 board of accounts.
609	609	28 (d) Each accredited nonpublic school shall provide the parents or
610	610	29 emancipated minors who wish to apply for assistance with:
611	611	30 (1) the appropriate application forms; and
612	612	31 (2) any assistance needed in completing the application form.
613	613	32 (e) The parent or emancipated minor shall submit the application to
614	614	33 the accredited nonpublic school. The accredited nonpublic school shall
615	615	34 make a determination of financial eligibility subject to appeal by the
616	616	35 parent or emancipated minor.
617	617	36 (f) If a determination is made that the applicant is eligible for
618	618	37 assistance, subsection (b) applies.
619	619	38 (g) To be guaranteed some level of reimbursement from the
620	620	39 department, the principal or other designee shall submit the
621	621	40 reimbursement request before November 1 of a school year.
622	622	41 (h) In its request, the principal or other designee shall certify to the
623	623	42 department:
624	624	2023 IN 1255—LS 6522/DI 147 15
625	625	1 (1) the number of students who are enrolled in the accredited
626	626	2 nonpublic school and who are eligible for assistance under this
627	627	3 chapter;
628	628	4 (2) the costs incurred in providing:
629	629	5 (A) curricular materials (including curricular materials used in
630	630	6 special education and high ability classes); and
631	631	7 (B) workbooks, digital content, and consumable curricular
632	632	8 materials (including workbooks, consumable curricular
633	633	9 materials, and other consumable teaching materials that are
634	634	10 used in special education and high ability classes) that are
635	635	11 used by students for not more than one (1) school year;
636	636	12 (3) that the curricular materials described in subdivision (2)(A)
637	637	13 (except any curricular materials used in special education classes
638	638	14 and high ability classes) have been adopted by the governing
639	639	15 body; and
640	640	16 (4) any other information required by the department.
641	641	17 (i) The amount of reimbursement that a parent or emancipated
642	642	18 minor is entitled to receive shall be determined as provided in section
643	643	19 9.5 of this chapter.
644	644	20 (j) The accredited nonpublic school shall distribute the money
645	645	21 received under this chapter to the appropriate eligible parents or
646	646	22 emancipated minors.
647	647	23 (k) Section 7(f) 7(e) of this chapter applies to parents or
648	648	24 emancipated minors as described in this section.
649	649	25 (l) The accredited nonpublic school and the department shall
650	650	26 maintain complete and accurate information concerning the number of
651	651	27 applicants determined to be eligible for assistance under this section.
652	652	28 (m) The state board shall adopt rules under IC 4-22-2 to implement
653	653	29 this section.
654	654	30 SECTION 12. IC 20-33-5-11, AS AMENDED BY P.L.251-2017,
655	655	31 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
656	656	32 JULY 1, 2023]: Sec. 11. (a) A school corporation may not:
657	657	33 (1) withhold curricular materials and supplies;
658	658	34 (2) require any special services from a child; or
659	659	35 (3) deny the child any benefit or privilege;
660	660	36 because the parent fails to pay required fees.
661	661	37 (b) Notwithstanding subsection (a), a school corporation may take
662	662	38 any action authorized by law to collect unpaid fees from parents who
663	663	39 are determined to be ineligible for assistance, including recovery of
664	664	40 reasonable attorney's fees and court costs in addition to a judgment
665	665	41 award against those parents.
666	666	42 (c) A school corporation may designate a full-time employee of the
667	667	2023 IN 1255—LS 6522/DI 147 16
668	668	1 school corporation to represent the school corporation in a small claims
669	669	2 court action under subsection (b) if the claim does not exceed one
670	670	3 thousand five hundred dollars ($1,500). The employee designated
671	671	4 under this subsection is not required to be an attorney.
672	672	5 SECTION 13. IC 20-33-5-14, AS AMENDED BY P.L.43-2021,
673	673	6 SECTION 112, IS AMENDED TO READ AS FOLLOWS
674	674	7 [EFFECTIVE JULY 1, 2023]: Sec. 14. (a) The school curricular
675	675	8 materials reimbursement contingency fund is established to reimburse
676	676	9 school corporations, eligible parents of children who attend accredited
677	677	10 nonpublic schools and emancipated minors who attend accredited
678	678	11 nonpublic schools as provided in section 9 of this chapter for assistance
679	679	12 provided under this chapter. The fund consists of money appropriated
680	680	13 to the fund by the general assembly. The secretary of education shall
681	681	14 administer the fund.
682	682	15 (b) The treasurer of state shall invest the money in the school
683	683	16 curricular materials reimbursement contingency fund not currently
684	684	17 needed to meet the obligations of the fund in the same manner as other
685	685	18 public funds may be invested.
686	686	19 SECTION 14. IC 20-40-9-7, AS AMENDED BY P.L.140-2018,
687	687	20 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
688	688	21 JULY 1, 2023]: Sec. 7. (a) Money in the fund may be used for payment
689	689	22 of all unreimbursed costs of curricular materials for the school
690	690	23 corporation's students who were eligible for free or reduced lunches in
691	691	24 the previous school year. that are not advanced or reimbursed from
692	692	25 the curricular materials fund established by IC 20-40-22-3.
693	693	26 (b) Money in the fund may not be used for payment of debt service,
694	694	27 lease payments, or similar obligations for a controlled project that is
695	695	28 approved by the voters in a referendum under IC 6-1.1-20.
696	696	29 (c) The governing body may transfer for each school of the school
697	697	30 corporation the amount levied to cover unreimbursed costs of
698	698	31 curricular materials under this section to the school's curricular
699	699	32 materials rental fund, account established in accordance with
700	700	33 IC 20-40-22-7, the extracurricular account, or the education fund.
701	701	34 SECTION 15. IC 20-40-22 IS ADDED TO THE INDIANA CODE
702	702	35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
703	703	36 JULY 1, 2023]:
704	704	37 Chapter 22. Curricular Materials Fund
705	705	38 Sec. 1. As used in this chapter, "fund" refers to the curricular
706	706	39 materials fund established by section 3 of this chapter.
707	707	40 Sec. 2. As used in this chapter, "public school" means a:
708	708	41 (1) school maintained by a school corporation; or
709	709	42 (2) charter school.
710	710	2023 IN 1255—LS 6522/DI 147 17
711	711	1 Sec. 3. (a) The curricular materials fund is established. The
712	712	2 purpose of the fund is to provide funding for state advancements
713	713	3 or reimbursements of costs incurred by public schools to provide
714	714	4 curricular materials to students at no cost as required under
715	715	5 IC 20-26-12-1. The department shall administer the fund.
716	716	6 (b) The fund consists of the following:
717	717	7 (1) Appropriations by the general assembly.
718	718	8 (2) Donations.
719	719	9 (3) Federal grants or other federal appropriations.
720	720	10 (4) Interest and other earnings derived from investment of
721	721	11 money in the fund.
722	722	12 (c) The treasurer of state shall invest money in the fund not
723	723	13 currently needed to meet the obligations of the fund in the same
724	724	14 manner as other public money may be invested. Interest that
725	725	15 accrues from these investments must be deposited in the fund.
726	726	16 (d) Money in the fund at the end of the state fiscal year does not
727	727	17 revert to the state general fund.
728	728	18 (e) For a state fiscal year beginning after June 30, 2023, money
729	729	19 in the fund is continually appropriated for the purposes of this
730	730	20 chapter.
731	731	21 (f) Money in the fund may not be used for the costs of
732	732	22 administering this chapter.
733	733	23 Sec. 4. Money in the fund may be used only for the:
734	734	24 (1) advancement of costs; or
735	735	25 (2) reimbursement of expenditures;
736	736	26 incurred by a public school to purchase curricular materials that
737	737	27 are provided to each student at no cost as required by
738	738	28 IC 20-26-12-1.
739	739	29 Sec. 5. The department shall annually determine an average cost
740	740	30 amount per student for curricular materials for each public school
741	741	31 to determine the distribution amount under this chapter. The
742	742	32 amount determined by the department under this section must be
743	743	33 identical for all public schools.
744	744	34 Sec. 6. (a) The department shall annually determine the total
745	745	35 distribution amount from the fund in a state fiscal year.
746	746	36 (b) Beginning July 15, 2023, and July 15 each year thereafter,
747	747	37 the department shall distribute to each public school from the
748	748	38 curricular materials fund an amount equal to the average cost
749	749	39 amount per student for curricular materials as determined under
750	750	40 section 5 of this chapter multiplied by the fall count of ADM for the
751	751	41 public school.
752	752	42 (c) If the total distribution amount from the fund is less than the
753	753	2023 IN 1255—LS 6522/DI 147 18
754	754	1 amount needed to pay the cost of all curricular materials provided
755	755	2 to each student at all public schools, the department shall make
756	756	3 distributions from the fund to each public school based on the cost
757	757	4 of curricular materials per student as determined under section 5
758	758	5 of this chapter on a pro rata basis.
759	759	6 Sec. 7. Each public school shall establish a separate curricular
760	760	7 materials account. A public school that receives a distribution of
761	761	8 money from the fund under this chapter shall deposit the
762	762	9 distributed amount in the public school's curricular materials
763	763	10 account established for the purpose of receiving funds for the costs
764	764	11 to the public school for curricular materials. Money in the account
765	765	12 may be used only for the costs of curricular materials.
766	766	13 SECTION 16. IC 20-41-1-2, AS AMENDED BY P.L.238-2019,
767	767	14 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768	768	15 JULY 1, 2023]: Sec. 2. Any self-supporting programs maintained by a
769	769	16 school corporation, including
770	770	17 (1) school lunch, and
771	771	18 (2) rental or sale of curricular materials;
772	772	19 may be established as a separate funds, fund, separate and apart from
773	773	20 any other school corporation fund, if no local tax rate is established for
774	774	21 the programs.
775	775	22 SECTION 17. IC 20-41-2-2 IS REPEALED [EFFECTIVE JULY 1,
776	776	23 2023]. Sec. 2. Each township trustee in operating a curricular materials
777	777	24 rental program may use either of the following accounting methods:
778	778	25 (1) The township trustee may supervise and control the program
779	779	26 through its school corporation account by establishing a curricular
780	780	27 materials rental fund.
781	781	28 (2) If curricular materials have not been purchased and financial
782	782	29 commitments or guarantees for the purchases have not been made
783	783	30 by the school corporation, the township trustee may have the
784	784	31 program operated by the individual schools of the school
785	785	32 corporation through the school corporation's extracurricular
786	786	33 account or accounts under IC 20-41-1.
787	787	34 SECTION 18. IC 20-41-2-3, AS AMENDED BY P.L.286-2013,
788	788	35 SECTION 121, IS AMENDED TO READ AS FOLLOWS
789	789	36 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) If a school lunch fund is
790	790	37 established under section 1 of this chapter, or a curricular materials
791	791	38 rental fund is established under section 2 of this chapter, the receipts
792	792	39 and expenditures for each the program shall be made to and from the
793	793	40 proper fund without appropriation or the application of other laws
794	794	41 relating to the budgets of local governmental units.
795	795	42 (b) If either a school lunch program or both programs under
796	796	2023 IN 1255—LS 6522/DI 147 19
797	797	1 sections section 1 and 2 of this chapter are is operated through the
798	798	2 extracurricular account, the township trustee shall approve the amount
799	799	3 of the bond of the treasurer of the extracurricular account in an amount
800	800	4 the township trustee considers necessary to protect the account for all
801	801	5 funds coming into the hands of the treasurer.
802	802	6 SECTION 19. IC 20-41-2-5, AS AMENDED BY P.L.140-2018,
803	803	7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
804	804	8 JULY 1, 2023]: Sec. 5. (a) A governing body in operating a curricular
805	805	9 materials rental program under IC 20-26-5-4(a)(12) may use either of
806	806	10 the following accounting methods:
807	807	11 (1) The governing body may supervise and control the program
808	808	12 through the school corporation's curricular materials rental fund
809	809	13 or education fund.
810	810	14 (2) If curricular materials have not been purchased and financial
811	811	15 commitments or guarantees for the purchases have not been made
812	812	16 by the school corporation, the governing body may cause the
813	813	17 program to be operated by the individual schools of the school
814	814	18 corporation through the school corporation's extracurricular
815	815	19 account or accounts in accordance with IC 20-41-1.
816	816	20 (b) If the governing body determines that a hardship exists due to
817	817	21 the inability of a student's family to purchase or rent curricular
818	818	22 materials, taking into consideration the income of the family and the
819	819	23 demands on the family, the governing body may furnish curricular
820	820	24 materials to the student without charge, without reference to the
821	821	25 application of any other statute or rule except IC 20-26-1 through
822	822	26 IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1.
823	823	27 SECTION 20. IC 20-41-2-6, AS AMENDED BY P.L.244-2017,
824	824	28 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
825	825	29 JULY 1, 2023]: Sec. 6. (a) If a school lunch fund is established under
826	826	30 section 4 of this chapter and the school corporation's education fund is
827	827	31 used under section 5 of this chapter, the receipts and expenditures from
828	828	32 a fund for the program to which the fund relates shall be made to and
829	829	33 from the appropriate fund without appropriation or the application of
830	830	34 other statutes and rules relating to the budgets of municipal
831	831	35 corporations.
832	832	36 (b) If either the lunch program or the curricular materials rental
833	833	37 program is handled through the extracurricular account, the governing
834	834	38 body of the school corporation shall approve the amount of the bond of
835	835	39 the treasurer of the extracurricular account in an amount the governing
836	836	40 body considers sufficient to protect the account for all funds coming
837	837	41 into the hands of the treasurer of the account.
838	838	42 SECTION 21. IC 20-42-3-10, AS AMENDED BY P.L.286-2013,
839	839	2023 IN 1255—LS 6522/DI 147 20
840	840	1 SECTION 124, IS AMENDED TO READ AS FOLLOWS
841	841	2 [EFFECTIVE JULY 1, 2023]: Sec. 10. The trustee, with the advice and
842	842	3 consent of the township board, shall use the account for the following
843	843	4 educational purposes:
844	844	5 (1) Each year the trustee shall pay, to the parent or legal guardian
845	845	6 of any child whose residence is within the township, the initial
846	846	7 cost for the rental of curricular materials used in any elementary
847	847	8 or secondary school that has been accredited by the state. The
848	848	9 reimbursement for the rental of curricular materials shall be for
849	849	10 the initial yearly rental charge only. Curricular materials
850	850	11 subsequently lost or destroyed may not be paid for from this
851	851	12 account.
852	852	13 (2) (1) Students who are residents of the township for the last two
853	853	14 (2) years of their secondary education and who still reside within
854	854	15 the township are entitled to receive financial assistance in an
855	855	16 amount not to exceed an amount determined by the trustee and
856	856	17 the township board during an annual review of postsecondary
857	857	18 education fees and tuition costs of education at any accredited
858	858	19 postsecondary educational institution. Amounts to be paid to each
859	859	20 eligible student shall be set annually after this review. The
860	860	21 amount paid each year must be:
861	861	22 (A) equitable for every eligible student without regard to race,
862	862	23 religion, creed, sex, disability, or national origin; and
863	863	24 (B) based on the number of students and the amount of funds
864	864	25 available each year.
865	865	26 (3) (2) A person who has been a permanent resident of the
866	866	27 township continuously for at least two (2) years and who needs
867	867	28 educational assistance for job training or retraining may apply to
868	868	29 the trustee of the township for financial assistance. The trustee
869	869	30 and the township board shall review each application and make
870	870	31 assistance available according to the need of each applicant and
871	871	32 the availability of funds.
872	872	33 (4) (3) If all the available funds are not used in any one (1) year,
873	873	34 the unused funds shall be retained in the account by the trustee for
874	874	35 use in succeeding years.
875	875	36 SECTION 22. [EFFECTIVE JULY 1, 2023] (a) Not later than July
876	876	37 15, 2023, each:
877	877	38 (1) township trustee that operates a school corporation; or
878	878	39 (2) governing body of a school corporation;
879	879	40 shall distribute an equal amount of the remaining balance from the
880	880	41 school corporation's curricular materials rental fund, established
881	881	42 under IC 20-41-2, into the curricular materials account of each
882	882	2023 IN 1255—LS 6522/DI 147 21
883	883	1 public school of the school corporation that is established in
884	884	2 accordance with IC 20-40-22-7, as added by this act.
885	885	3 (b) This SECTION expires January 1, 2024.
886	886	4 SECTION 23. [EFFECTIVE JULY 1, 2023] (a) As used in this
887	887	5 SECTION, "curricular materials fund" refers to the curricular
888	888	6 materials fund established by IC 20-40-22-3, as added by this act.
889	889	7 (b) The state can and should appropriate from the state general
890	890	8 fund an amount sufficient to fully fund advancements and
891	891	9 reimbursements from the curricular materials fund in the state
892	892	10 budget for the biennium beginning July 1, 2023, and ending June
893	893	11 30, 2025.
894	894	12 (c) This SECTION expires July 1, 2025.
895	895	13 SECTION 24. [EFFECTIVE JULY 1, 2023] (a) As used in this
896	896	14 SECTION, "MOE requirement" means the state maintenance of
897	897	15 effort required under the federal Temporary Assistance for Needy
898	898	16 Families (TANF) program.
899	899	17 (b) As used in this SECTION, "office" refers to the office of the
900	900	18 secretary of family and social services.
901	901	19 (c) The office shall do the following:
902	902	20 (1) Prepare a report that includes the following:
903	903	21 (A) Information regarding whether there are any funds
904	904	22 available that could meet the MOE requirement that are
905	905	23 not currently being used to meet the MOE requirement.
906	906	24 (B) An estimate of the amount of additional funds that are
907	907	25 needed to meet the MOE requirement because of the
908	908	26 elimination of the textbook reimbursement program by
909	909	27 this act.
910	910	28 (C) Recommendations regarding the appropriation of
911	911	29 sufficient funds to meet the MOE requirement.
912	912	30 (2) Not later than November 1, 2023, submit the report
913	913	31 prepared under subdivision (1) to the following:
914	914	32 (A) The budget committee.
915	915	33 (B) The general assembly in an electronic format under
916	916	34 IC 5-14-6.
917	917	35 (d) There is appropriated annually from the state general fund
918	918	36 to the office an amount sufficient to meet MOE requirements in the
919	919	37 state budget for the biennium beginning July 1, 2023, and ending
920	920	38 June 30, 2025.
921	921	39 (e) This SECTION expires July 1, 2025.
922	922	2023 IN 1255—LS 6522/DI 147