Introduced Version
SENATE BILL No. 395
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26; IC 20-26.5-2-3; IC 20-33-5; IC 20-40;
IC 20-41; IC 20-42-3-10.
Synopsis: Elimination of school textbook fees. Requires each public
school to provide curricular materials at no cost to each student
enrolled in the public school. Establishes the curricular materials fund
(fund) to provide state advancements for costs incurred by public
schools in providing curricular materials to students at no cost.
Provides that the department of education shall administer the fund.
Provides that money in the fund is continually appropriated. Provides
that a governing body or organizer of a charter school: (1) may
purchase from a publisher any curricular materials selected by proper
officials; (2) may rent curricular materials to certain nonpublic schools;
and (3) may not rent the curricular materials to any student enrolled in
any public school. Repeals a requirement that a school corporation
must offer curricular materials at a reasonable rate to a family that
moves during the school term. Repeals a requirement that a township
trustee must use specified accounting methods for a curricular
materials rental fund. Makes conforming changes. Appropriates from
the state general fund to the office of the secretary of family and social
services an amount sufficient to meet maintenance of effort
requirements for the state fiscal year beginning July 1, 2023. Makes an
appropriation from the state general fund to the curricular materials
fund for the state fiscal year beginning July 1, 2023.
Effective: Upon passage; July 1, 2023.
Hunley
January 19, 2023, read first time and referred to Committee on Education and Career
Development.
2023 IN 395—LS 7440/DI 147 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 this style type.
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 this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 395
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-26-5-4, AS AMENDED BY P.L.270-2019,
2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 4. (a) In carrying out the school purposes of a
4 school corporation, the governing body acting on the school
5 corporation's behalf has the following specific powers:
6 (1) In the name of the school corporation, to sue and be sued and
7 to enter into contracts in matters permitted by applicable law.
8 However, a governing body may not use funds received from the
9 state to bring or join in an action against the state, unless the
10 governing body is challenging an adverse decision by a state
11 agency, board, or commission.
12 (2) To take charge of, manage, and conduct the educational affairs
13 of the school corporation and to establish, locate, and provide the
14 necessary schools, school libraries, other libraries where
15 permitted by law, other buildings, facilities, property, and
16 equipment.
17 (3) To appropriate from the school corporation's general fund
2023 IN 395—LS 7440/DI 147 2
1 (before January 1, 2019) or the school corporation's operations
2 fund (after December 31, 2018) an amount, not to exceed the
3 greater of three thousand dollars ($3,000) per budget year or one
4 dollar ($1) per pupil, not to exceed twelve thousand five hundred
5 dollars ($12,500), based on the school corporation's ADM of the
6 previous year (as defined in IC 20-43-1-7) to promote the best
7 interests of the school corporation through:
8 (A) the purchase of meals, decorations, memorabilia, or
9 awards;
10 (B) provision for expenses incurred in interviewing job
11 applicants; or
12 (C) developing relations with other governmental units.
13 (4) To do the following:
14 (A) Acquire, construct, erect, maintain, hold, and contract for
15 construction, erection, or maintenance of real estate, real estate
16 improvements, or an interest in real estate or real estate
17 improvements, as the governing body considers necessary for
18 school purposes, including buildings, parts of buildings,
19 additions to buildings, rooms, gymnasiums, auditoriums,
20 playgrounds, playing and athletic fields, facilities for physical
21 training, buildings for administrative, office, warehouse, repair
22 activities, or housing school owned buses, landscaping, walks,
23 drives, parking areas, roadways, easements and facilities for
24 power, sewer, water, roadway, access, storm and surface
25 water, drinking water, gas, electricity, other utilities and
26 similar purposes, by purchase, either outright for cash (or
27 under conditional sales or purchase money contracts providing
28 for a retention of a security interest by the seller until payment
29 is made or by notes where the contract, security retention, or
30 note is permitted by applicable law), by exchange, by gift, by
31 devise, by eminent domain, by lease with or without option to
32 purchase, or by lease under IC 20-47-2, IC 20-47-3, or
33 IC 20-47-5.
34 (B) Repair, remodel, remove, or demolish, or to contract for
35 the repair, remodeling, removal, or demolition of the real
36 estate, real estate improvements, or interest in the real estate
37 or real estate improvements, as the governing body considers
38 necessary for school purposes.
39 (C) Provide for conservation measures through utility
40 efficiency programs or under a guaranteed savings contract as
41 described in IC 36-1-12.5.
42 (5) To acquire personal property or an interest in personal
2023 IN 395—LS 7440/DI 147 3
1 property as the governing body considers necessary for school
2 purposes, including buses, motor vehicles, equipment, apparatus,
3 appliances, books, furniture, and supplies, either by cash purchase
4 or under conditional sales or purchase money contracts providing
5 for a security interest by the seller until payment is made or by
6 notes where the contract, security, retention, or note is permitted
7 by applicable law, by gift, by devise, by loan, or by lease with or
8 without option to purchase and to repair, remodel, remove,
9 relocate, and demolish the personal property. All purchases and
10 contracts specified under the powers authorized under subdivision
11 (4) and this subdivision are subject solely to applicable law
12 relating to purchases and contracting by municipal corporations
13 in general and to the supervisory control of state agencies as
14 provided in section 6 of this chapter.
15 (6) To sell or exchange real or personal property or interest in real
16 or personal property that, in the opinion of the governing body, is
17 not necessary for school purposes, in accordance with IC 20-26-7
18 and IC 20-26-7.1, to demolish or otherwise dispose of the
19 property if, in the opinion of the governing body, the property is
20 not necessary for school purposes and is worthless, and to pay the
21 expenses for the demolition or disposition.
22 (7) To lease any school property for a rental that the governing
23 body considers reasonable or to permit the free use of school
24 property for:
25 (A) civic or public purposes; or
26 (B) the operation of a school age child care program for
27 children who are at least five (5) years of age and less than
28 fifteen (15) years of age that operates before or after the school
29 day, or both, and during periods when school is not in session;
30 if the property is not needed for school purposes. Under this
31 subdivision, the governing body may enter into a long term lease
32 with a nonprofit corporation, community service organization, or
33 other governmental entity, if the corporation, organization, or
34 other governmental entity will use the property to be leased for
35 civic or public purposes or for a school age child care program.
36 However, if payment for the property subject to a long term lease
37 is made from money in the school corporation's debt service fund,
38 all proceeds from the long term lease must be deposited in the
39 school corporation's debt service fund so long as payment for the
40 property has not been made. The governing body may, at the
41 governing body's option, use the procedure specified in
42 IC 36-1-11-10 in leasing property under this subdivision.
2023 IN 395—LS 7440/DI 147 4
1 (8) To do the following:
2 (A) Employ, contract for, and discharge superintendents,
3 supervisors, principals, teachers, librarians, athletic coaches
4 (whether or not they are otherwise employed by the school
5 corporation and whether or not they are licensed under
6 IC 20-28-5), business managers, superintendents of buildings
7 and grounds, janitors, engineers, architects, physicians,
8 dentists, nurses, accountants, teacher aides performing
9 noninstructional duties, educational and other professional
10 consultants, data processing and computer service for school
11 purposes, including the making of schedules, the keeping and
12 analyzing of grades and other student data, the keeping and
13 preparing of warrants, payroll, and similar data where
14 approved by the state board of accounts as provided below,
15 and other personnel or services as the governing body
16 considers necessary for school purposes.
17 (B) Fix and pay the salaries and compensation of persons and
18 services described in this subdivision that are consistent with
19 IC 20-28-9-1.5.
20 (C) Classify persons or services described in this subdivision
21 and to adopt a compensation plan with a salary range that is
22 consistent with IC 20-28-9-1.5.
23 (D) Determine the number of the persons or the amount of the
24 services employed or contracted for as provided in this
25 subdivision.
26 (E) Determine the nature and extent of the duties of the
27 persons described in this subdivision.
28 The compensation, terms of employment, and discharge of
29 teachers are, however, subject to and governed by the laws
30 relating to employment, contracting, compensation, and discharge
31 of teachers. The compensation, terms of employment, and
32 discharge of bus drivers are subject to and governed by laws
33 relating to employment, contracting, compensation, and discharge
34 of bus drivers.
35 (9) Notwithstanding the appropriation limitation in subdivision
36 (3), when the governing body by resolution considers a trip by an
37 employee of the school corporation or by a member of the
38 governing body to be in the interest of the school corporation,
39 including attending meetings, conferences, or examining
40 equipment, buildings, and installation in other areas, to permit the
41 employee to be absent in connection with the trip without any loss
42 in pay and to reimburse the employee or the member the
2023 IN 395—LS 7440/DI 147 5
1 employee's or member's reasonable lodging and meal expenses
2 and necessary transportation expenses. To pay teaching personnel
3 for time spent in sponsoring and working with school related trips
4 or activities.
5 (10) Subject to IC 20-27-13, to transport children to and from
6 school, when in the opinion of the governing body the
7 transportation is necessary, including considerations for the safety
8 of the children. The transportation must be otherwise in
9 accordance with applicable law.
10 (11) To provide a lunch program for a part or all of the students
11 attending the schools of the school corporation, including the
12 establishment of kitchens, kitchen facilities, kitchen equipment,
13 lunch rooms, the hiring of the necessary personnel to operate the
14 lunch program, and the purchase of material and supplies for the
15 lunch program, charging students for the operational costs of the
16 lunch program, fixing the price per meal or per food item. To
17 operate the lunch program as an extracurricular activity, subject
18 to the supervision of the governing body. To participate in a
19 surplus commodity or lunch aid program.
20 (12) To purchase curricular materials and to furnish curricular
21 materials without cost. or to rent curricular materials to students,
22 and to participate in a curricular materials aid program, all in
23 accordance with applicable law.
24 (13) To accept students transferred from other school corporations
25 and to transfer students to other school corporations in accordance
26 with applicable law.
27 (14) To make budgets, to appropriate funds, and to disburse the
28 money of the school corporation in accordance with applicable
29 law. To borrow money against current tax collections and
30 otherwise to borrow money, in accordance with IC 20-48-1.
31 (15) To purchase insurance or to establish and maintain a
32 program of self-insurance relating to the liability of the school
33 corporation or the school corporation's employees in connection
34 with motor vehicles or property and for additional coverage to the
35 extent permitted and in accordance with IC 34-13-3-20. To
36 purchase additional insurance or to establish and maintain a
37 program of self-insurance protecting the school corporation and
38 members of the governing body, employees, contractors, or agents
39 of the school corporation from liability, risk, accident, or loss
40 related to school property, school contract, school or school
41 related activity, including the purchase of insurance or the
42 establishment and maintenance of a self-insurance program
2023 IN 395—LS 7440/DI 147 6
1 protecting persons described in this subdivision against false
2 imprisonment, false arrest, libel, or slander for acts committed in
3 the course of the persons' employment, protecting the school
4 corporation for fire and extended coverage and other casualty
5 risks to the extent of replacement cost, loss of use, and other
6 insurable risks relating to property owned, leased, or held by the
7 school corporation. In accordance with IC 20-26-17, to:
8 (A) participate in a state employee health plan under
9 IC 5-10-8-6.7;
10 (B) purchase insurance; or
11 (C) establish and maintain a program of self-insurance;
12 to benefit school corporation employees, including accident,
13 sickness, health, or dental coverage, provided that a plan of
14 self-insurance must include an aggregate stop-loss provision.
15 (16) To make all applications, to enter into all contracts, and to
16 sign all documents necessary for the receipt of aid, money, or
17 property from the state, the federal government, or from any other
18 source.
19 (17) To defend a member of the governing body or any employee
20 of the school corporation in any suit arising out of the
21 performance of the member's or employee's duties for or
22 employment with, the school corporation, if the governing body
23 by resolution determined that the action was taken in good faith.
24 To save any member or employee harmless from any liability,
25 cost, or damage in connection with the performance, including the
26 payment of legal fees, except where the liability, cost, or damage
27 is predicated on or arises out of the bad faith of the member or
28 employee, or is a claim or judgment based on the member's or
29 employee's malfeasance in office or employment.
30 (18) To prepare, make, enforce, amend, or repeal rules,
31 regulations, and procedures:
32 (A) for the government and management of the schools,
33 property, facilities, and activities of the school corporation, the
34 school corporation's agents, employees, and pupils and for the
35 operation of the governing body; and
36 (B) that may be designated by an appropriate title such as
37 "policy handbook", "bylaws", or "rules and regulations".
38 (19) To ratify and approve any action taken by a member of the
39 governing body, an officer of the governing body, or an employee
40 of the school corporation after the action is taken, if the action
41 could have been approved in advance, and in connection with the
42 action to pay the expense or compensation permitted under
2023 IN 395—LS 7440/DI 147 7
1 IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1,
2 IC 20-40-12, and IC 20-48-1 or any other law.
3 (20) To exercise any other power and make any expenditure in
4 carrying out the governing body's general powers and purposes
5 provided in this chapter or in carrying out the powers delineated
6 in this section which is reasonable from a business or educational
7 standpoint in carrying out school purposes of the school
8 corporation, including the acquisition of property or the
9 employment or contracting for services, even though the power or
10 expenditure is not specifically set out in this chapter. The specific
11 powers set out in this section do not limit the general grant of
12 powers provided in this chapter except where a limitation is set
13 out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
14 IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
15 specific language or by reference to other law.
16 (b) A superintendent hired under subsection (a)(8):
17 (1) is not required to hold a teacher's license under IC 20-28-5;
18 and
19 (2) is required to have obtained at least a master's degree from an
20 accredited postsecondary educational institution.
21 SECTION 2. IC 20-26-5-38, AS ADDED BY P.L.94-2019,
22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 38. (a) As used in this section, "juvenile detention
24 facility" refers to the following:
25 (1) A juvenile detention facility under IC 31-31-8.
26 (2) A juvenile detention center under IC 31-31-9.
27 (3) A shelter care facility that is licensed to care for more than ten
28 (10) children.
29 (b) As used in this section, "school materials" includes curricular
30 materials and syllabi for a particular grade level or course. The term
31 does not include hardware that will be consumed, accessed, or used by
32 a single student during a semester or school year.
33 (c) If a child is or will be detained in a juvenile detention facility for
34 more than seven (7) calendar days, the school corporation shall, upon
35 request by the juvenile detention facility or the child's parent, provide
36 to the juvenile detention facility the school materials for the grade level
37 or courses in which the child is enrolled or would be enrolled if the
38 child were not detained. The school corporation may provide the school
39 materials in an electronic format.
40 (d) The school corporation shall, upon request by the juvenile
41 detention facility or the child's parent, deliver to the juvenile detention
42 facility the school materials described in subsection (c) at least once
2023 IN 395—LS 7440/DI 147 8
1 every seven (7) calendar days, excluding any days that are not student
2 instructional days.
3 (e) Except for the assessment of rental fees for curricular materials
4 under IC 20-26-12, The school corporation is responsible for any costs
5 associated with preparing and delivering school materials under this
6 section.
7 (f) The school corporation is not required to provide school
8 materials that have been requested by a juvenile detention facility or
9 the child's parent under this section if the:
10 (1) child is released from the juvenile detention facility; or
11 (2) juvenile detention facility or the child's parent requests that
12 the school corporation no longer provide the school materials.
13 SECTION 3. IC 20-26-12-1, AS AMENDED BY P.L.233-2015,
14 SECTION 150, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as provided in
16 subsection (b) and Notwithstanding any other law, each governing
17 body of a school corporation and each organizer of a charter school
18 shall purchase from a publisher, either individually or through a
19 purchasing cooperative of school corporations, as applicable, the
20 curricular materials selected by the proper local officials, and shall rent
21 provide at no cost the curricular materials to each student enrolled in
22 a public the school corporation or charter school. that is:
23 (1) in compliance with the minimum certification standards of the
24 state board; and
25 (2) located within the attendance unit served by the governing
26 body.
27 (b) This section does not prohibit a governing body from suspending
28 the operation of this section under a contract entered into under
29 IC 20-26-15.
30 SECTION 4. IC 20-26-12-2, AS AMENDED BY P.L.233-2015,
31 SECTION 151, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A governing body or an
33 organizer of a charter school may purchase from a publisher any
34 curricular material selected by the proper local officials. The governing
35 body or the organizer of a charter school may not rent the curricular
36 materials to students enrolled in any public or nonpublic school.
37 (b) A governing body or an organizer of a charter school may
38 rent curricular materials to students enrolled in any nonpublic
39 school that is
40 (1) in compliance with the minimum certification standards of the
41 state board. and
42 (2) located within the attendance unit served by the governing
2023 IN 395—LS 7440/DI 147 9
1 body.
2 The annual rental rate may not exceed twenty-five percent (25%) of the
3 retail price of the curricular materials.
4 (b) Notwithstanding subsection (a), the governing body may not
5 assess a rental fee of more than twenty-five percent (25%) of the retail
6 price of curricular materials that have been:
7 (1) extended for usage by students under section 24(e) of this
8 chapter; and
9 (2) paid for through rental fees previously collected.
10 (c) A governing body or an organizer of a charter school may
11 negotiate the rental rate for the curricular materials rented to any
12 nonpublic school under subsection (b).
13 (d) A governing body shall collect and deposit the amounts
14 received from the rental of curricular materials to a nonpublic
15 school into the curricular materials account, in accordance with
16 IC 20-40-22-7, in equal amounts for each public school of the
17 school corporation.
18 (e) An organizer of a charter school shall deposit all money
19 received from the rental of curricular materials to a nonpublic
20 school into the charter school's curricular materials account
21 described in IC 20-40-22-7.
22 (c) (f) This section does not limit other laws.
23 SECTION 5. IC 20-26-12-26 IS REPEALED [EFFECTIVE JULY
24 1, 2023]. Sec. 26. If a family moves during the school term from one
25 (1) school corporation to another within the state, the corporation from
26 which they move shall:
27 (1) evaluate the affected children's curricular materials; and
28 (2) offer to purchase the curricular materials at a reasonable price
29 for resale to any family that moves into that corporation during a
30 school term.
31 SECTION 6. IC 20-26-15-5, AS AMENDED BY P.L.92-2020,
32 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 5. Notwithstanding any other law, the operation
34 of the following is suspended for a freeway school corporation or a
35 freeway school if the governing body of the school corporation elects
36 to have the specific statute or rule suspended in the contract:
37 (1) The following statutes and rules concerning curriculum and
38 instructional time:
39 IC 20-30-2-7
40 IC 20-30-5-8
41 IC 20-30-5-9
42 IC 20-30-5-11
2023 IN 395—LS 7440/DI 147 10
1 511 IAC 6-7-6
2 511 IAC 6.1-5-0.5
3 511 IAC 6.1-5-1
4 511 IAC 6.1-5-2.5
5 511 IAC 6.1-5-3.5
6 511 IAC 6.1-5-4.
7 (2) The following rule concerning pupil/teacher ratios:
8 511 IAC 6.1-4-1.
9 (3) The following statutes and rules concerning curricular
10 materials:
11 IC 20-26-12-24.
12 IC 20-26-12-26
13 IC 20-26-12-1, except for the provision of curricular
14 materials at no cost to a student in a public school.
15 IC 20-26-12-2, except for the prohibition of renting
16 curricular materials to students enrolled in a public school.
17 511 IAC 6.1-5-5.
18 (4) 511 IAC 6-7, concerning graduation requirements.
19 (5) IC 20-31-4.1, concerning the performance based accreditation
20 system.
21 (6) IC 20-32-5 (before its expiration on July 1, 2018), concerning
22 the ISTEP program established under IC 20-32-5-15, if an
23 alternative locally adopted assessment program is adopted under
24 section 6(4) of this chapter.
25 SECTION 7. IC 20-26.5-2-3, AS AMENDED BY P.L.126-2022,
26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, the
28 following may be suspended for a coalition member in accordance with
29 the coalition's plan:
30 (1) Subject to section 1(c) of this chapter, IC 20-30, concerning
31 curriculum.
32 (2) The following statutes and rules concerning curricular
33 materials:
34 IC 20-26-12-1, except for the provision of curricular
35 materials at no cost to a student in a public school.
36 IC 20-26-12-2, except for the prohibition of renting
37 curricular materials to students enrolled in a public school.
38 IC 20-26-12-24.
39 IC 20-26-12-26.
40 511 IAC 6.1-5-5.
41 (3) The following rules concerning teacher licenses:
42 511 IAC 16.
2023 IN 395—LS 7440/DI 147 11
1 511 IAC 17.
2 (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
3 of academic standards).
4 (5) IC 20-31-4.1, concerning the performance based accreditation
5 system.
6 (6) Except as provided in subsection (b), any other statute in
7 IC 20 or rule in 511 IAC requested to be suspended as part of the
8 plan that is approved by the state board under section 1 of this
9 chapter.
10 (b) A coalition member may not suspend under subsection (a)(6)
11 any of the following:
12 (1) IC 20-26-5-10 (criminal history and child protection index
13 check).
14 (2) IC 20-28 (school teachers).
15 (3) IC 20-29 (collective bargaining).
16 (4) IC 20-31 (accountability for performance and improvement),
17 except for IC 20-31-3 and IC 20-31-4.1.
18 (5) Subject to subsection (c), IC 20-32-4 (graduation
19 requirements).
20 (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
21 Readiness Network (ILEARN) program).
22 (7) IC 20-33 (students).
23 (8) IC 20-34 (student health and safety measures).
24 (9) IC 20-35 (special education).
25 (10) IC 20-35.5 (dyslexia screening and intervention).
26 (11) IC 20-36 (high ability students).
27 (12) IC 20-39 (accounting and financial reporting procedures).
28 (13) IC 20-40 (government funds and accounts).
29 (14) IC 20-41 (extracurricular funds and accounts).
30 (15) IC 20-42 (fiduciary funds and accounts).
31 (16) IC 20-42.5 (allocation of expenditures to student instruction
32 and learning).
33 (17) IC 20-43 (state tuition support).
34 (18) IC 20-44 (property tax levies).
35 (19) IC 20-46 (levies other than general fund levies).
36 (20) IC 20-47 (related entities; holding companies; lease
37 agreements).
38 (21) IC 20-48 (borrowing and bonds).
39 (22) IC 20-49 (state management of common school funds; state
40 advances and loans).
41 (23) IC 20-50 (homeless children and foster care children).
42 (c) A coalition member must comply with the postsecondary
2023 IN 395—LS 7440/DI 147 12
1 readiness competency requirements under IC 20-32-4-1.5(b)(1).
2 However, notwithstanding any other law, a coalition member may
3 replace high school courses on the high school transcript with courses
4 on the same subject matter with equal or greater rigor to the required
5 high school course and may count such a course as satisfying the
6 equivalent diploma requirements established by IC 20 and any
7 applicable state board administrative rules or requirements. If the
8 coalition member school offers courses that are not aligned with
9 requirements adopted by the state board under IC 20-30-10, a parent of
10 a student and the student who intends to enroll in a course that is not
11 aligned with requirements adopted by the state board under
12 IC 20-30-10 must provide consent to the coalition member school to
13 enroll in the course. The consent form used by the coalition, which
14 shall be developed in collaboration with the commission for higher
15 education, must notify the parent and the student that enrollment in the
16 course may affect the student's ability to attend a particular
17 postsecondary educational institution or enroll in a particular course at
18 a particular postsecondary educational institution because the course
19 does not align with requirements established by the state board under
20 IC 20-30-10.
21 SECTION 8. IC 20-33-5-3, AS AMENDED BY P.L.286-2013,
22 SECTION 112, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) If a parent of a child or an
24 emancipated minor who is enrolled in a public school in kindergarten
25 or grades 1 through 12 meets the financial eligibility standard under
26 section 2 of this chapter, the parent or the emancipated minor may not
27 be required to pay the fees for curricular materials, supplies or other
28 required class fees. The fees shall be paid by the school corporation
29 that the child attends.
30 (b) The school corporation may apply for a reimbursement under
31 section 7 of this chapter from the department of the costs incurred
32 under subsection (a).
33 (c) To the extent the reimbursement received by the school
34 corporation is less than the rental fee assessed for curricular materials,
35 the school corporation may request that the parent or emancipated
36 minor pay the balance of this amount.
37 SECTION 9. IC 20-33-5-5, AS ADDED BY P.L.1-2005, SECTION
38 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
39 2023]: Sec. 5. All school corporations must give notice in nontechnical
40 language and in a manner that can be reasonably expected to reach
41 parents of students, before the collection of any fees for schoolbooks
42 and supplies or other required class fees that are not curricular
2023 IN 395—LS 7440/DI 147 13
1 materials. This notice must inform the parents of the following:
2 (1) The availability of assistance.
3 (2) The eligibility standards.
4 (3) The procedure for obtaining assistance, including the right and
5 method of appeal.
6 (4) The availability of application forms at a designated school
7 office.
8 SECTION 10. IC 20-33-5-7, AS AMENDED BY P.L.286-2013,
9 SECTION 113, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a determination is made
11 that the applicant is eligible for assistance, the school corporation shall
12 pay the cost of the student's required fees.
13 (b) A school corporation shall receive a reimbursement from the
14 department for some or all of the costs incurred by a school corporation
15 during a school year in providing curricular materials assistance to
16 students who are eligible under section 2 of this chapter.
17 (c) (b) To be guaranteed some level of reimbursement from the
18 department, the governing body of a school corporation shall request
19 the reimbursement before November 1 of a school year.
20 (d) (c) In its request, the governing body shall certify to the
21 department:
22 (1) the number of students who are enrolled in that school
23 corporation and who are eligible for assistance under this chapter;
24 (2) the costs incurred by the school corporation in providing:
25 (A) curricular materials (including curricular materials used in
26 special education and high ability classes) to these students;
27 (B) workbooks, digital content, and consumable curricular
28 materials (including workbooks, consumable curricular
29 materials, and other consumable instructional materials that
30 are used in special education and high ability classes) that are
31 used by students for not more than one (1) school year; and
32 (C) instead of the purchase of curricular materials,
33 developmentally appropriate material for instruction in
34 kindergarten through the grade 3 level, laboratories, and
35 children's literature programs;
36 (3) that the curricular materials described in subdivision (2)(A)
37 (except curricular materials used in special education classes and
38 high ability classes) have been adopted by the governing body;
39 and
40 (4) (2) any other information required by the department.
41 (e) (d) Each school within a school corporation shall maintain
42 complete and accurate information concerning the number of students
2023 IN 395—LS 7440/DI 147 14
1 determined to be eligible for assistance under this chapter. This
2 information shall be provided to the department upon request.
3 (f) (e) Parents receiving other governmental assistance or aid that
4 considers educational needs in computing the entire amount of
5 assistance granted may not be denied assistance if the applicant's total
6 family income does not exceed the standards established by this
7 chapter.
8 (g) (f) The amount of reimbursement that a school corporation is
9 entitled to receive shall be determined as provided in section 9.5 of this
10 chapter.
11 SECTION 11. IC 20-33-5-9, AS AMENDED BY P.L.92-2020,
12 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 9. (a) As used in this section, "accredited
14 nonpublic school" means a nonpublic school that:
15 (1) has voluntarily become accredited under IC 20-31-4.1; or
16 (2) is accredited by a national or regional accrediting agency that
17 is recognized by the state board.
18 (b) If a parent of a child or an emancipated minor who is enrolled in
19 an accredited nonpublic school meets the financial eligibility standard
20 under section 2 of this chapter, the parent or the emancipated minor
21 may receive a reimbursement from the department as provided in this
22 chapter for the costs or some of the costs incurred by the parent or
23 emancipated minor in for the costs of curricular materials and fees
24 that are reimbursable under section 7 of this chapter.
25 (c) The department shall provide each accredited nonpublic school
26 with sufficient application forms for assistance, prescribed by the state
27 board of accounts.
28 (d) Each accredited nonpublic school shall provide the parents or
29 emancipated minors who wish to apply for assistance with:
30 (1) the appropriate application forms; and
31 (2) any assistance needed in completing the application form.
32 (e) The parent or emancipated minor shall submit the application to
33 the accredited nonpublic school. The accredited nonpublic school shall
34 make a determination of financial eligibility subject to appeal by the
35 parent or emancipated minor.
36 (f) If a determination is made that the applicant is eligible for
37 assistance, subsection (b) applies.
38 (g) To be guaranteed some level of reimbursement from the
39 department, the principal or other designee shall submit the
40 reimbursement request before November 1 of a school year.
41 (h) In its request, the principal or other designee shall certify to the
42 department:
2023 IN 395—LS 7440/DI 147 15
1 (1) the number of students who are enrolled in the accredited
2 nonpublic school and who are eligible for assistance under this
3 chapter;
4 (2) the costs incurred in providing:
5 (A) curricular materials (including curricular materials used in
6 special education and high ability classes); and
7 (B) workbooks, digital content, and consumable curricular
8 materials (including workbooks, consumable curricular
9 materials, and other consumable teaching materials that are
10 used in special education and high ability classes) that are
11 used by students for not more than one (1) school year;
12 (3) that the curricular materials described in subdivision (2)(A)
13 (except any curricular materials used in special education classes
14 and high ability classes) have been adopted by the governing
15 body; and
16 (4) any other information required by the department.
17 (i) The amount of reimbursement that a parent or emancipated
18 minor is entitled to receive shall be determined as provided in section
19 9.5 of this chapter.
20 (j) The accredited nonpublic school shall distribute the money
21 received under this chapter to the appropriate eligible parents or
22 emancipated minors.
23 (k) Section 7(f) 7(e) of this chapter applies to parents or
24 emancipated minors as described in this section.
25 (l) The accredited nonpublic school and the department shall
26 maintain complete and accurate information concerning the number of
27 applicants determined to be eligible for assistance under this section.
28 (m) The state board shall adopt rules under IC 4-22-2 to implement
29 this section.
30 SECTION 12. IC 20-33-5-11, AS AMENDED BY P.L.251-2017,
31 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2023]: Sec. 11. (a) A school corporation may not:
33 (1) withhold curricular materials and supplies;
34 (2) require any special services from a child; or
35 (3) deny the child any benefit or privilege;
36 because the parent fails to pay required fees.
37 (b) Notwithstanding subsection (a), a school corporation may take
38 any action authorized by law to collect unpaid fees from parents who
39 are determined to be ineligible for assistance, including recovery of
40 reasonable attorney's fees and court costs in addition to a judgment
41 award against those parents.
42 (c) A school corporation may designate a full-time employee of the
2023 IN 395—LS 7440/DI 147 16
1 school corporation to represent the school corporation in a small claims
2 court action under subsection (b) if the claim does not exceed one
3 thousand five hundred dollars ($1,500). The employee designated
4 under this subsection is not required to be an attorney.
5 SECTION 13. IC 20-33-5-14, AS AMENDED BY P.L.43-2021,
6 SECTION 112, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2023]: Sec. 14. (a) The school curricular
8 materials reimbursement contingency fund is established to reimburse
9 school corporations, eligible parents of children who attend accredited
10 nonpublic schools and emancipated minors who attend accredited
11 nonpublic schools as provided in section 9 of this chapter for assistance
12 provided under this chapter. The fund consists of money appropriated
13 to the fund by the general assembly. The secretary of education shall
14 administer the fund.
15 (b) The treasurer of state shall invest the money in the school
16 curricular materials reimbursement contingency fund not currently
17 needed to meet the obligations of the fund in the same manner as other
18 public funds may be invested.
19 SECTION 14. IC 20-40-9-7, AS AMENDED BY P.L.140-2018,
20 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2023]: Sec. 7. (a) Money in the fund may be used for payment
22 of all unreimbursed costs of curricular materials for the school
23 corporation's students who were eligible for free or reduced lunches in
24 the previous school year. that are not advanced or reimbursed from
25 the curricular materials fund established by IC 20-40-22-3.
26 (b) Money in the fund may not be used for payment of debt service,
27 lease payments, or similar obligations for a controlled project that is
28 approved by the voters in a referendum under IC 6-1.1-20.
29 (c) The governing body may transfer for each school of the school
30 corporation the amount levied to cover unreimbursed costs of
31 curricular materials under this section to the school's curricular
32 materials rental fund, account established in accordance with
33 IC 20-40-22-7, the extracurricular account, or the education fund.
34 SECTION 15. IC 20-40-22 IS ADDED TO THE INDIANA CODE
35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
36 UPON PASSAGE]:
37 Chapter 22. Curricular Materials Fund
38 Sec. 1. As used in this chapter, "fund" refers to the curricular
39 materials fund established by section 3 of this chapter.
40 Sec. 2. As used in this chapter, "public school" means a:
41 (1) school maintained by a school corporation; or
42 (2) charter school.
2023 IN 395—LS 7440/DI 147 17
1 Sec. 3. (a) The curricular materials fund is established. The
2 purpose of the fund is to provide funding for state advancements
3 or reimbursements of costs incurred by public schools to provide
4 curricular materials to students at no cost as required under
5 IC 20-26-12-1. The department shall administer the fund.
6 (b) The fund consists of the following:
7 (1) Appropriations by the general assembly.
8 (2) Donations.
9 (3) Federal grants or other federal appropriations.
10 (4) Interest and other earnings derived from investment of
11 money in the fund.
12 (c) The treasurer of state shall invest money in the fund not
13 currently needed to meet the obligations of the fund in the same
14 manner as other public money may be invested. Interest that
15 accrues from these investments must be deposited in the fund.
16 (d) Money in the fund at the end of the state fiscal year does not
17 revert to the state general fund.
18 (e) Money in the fund is continually appropriated for the
19 purposes of this chapter.
20 (f) Money in the fund may not be used for the costs of
21 administering this chapter.
22 Sec. 4. Money in the fund may be used only for the:
23 (1) advancement of costs; or
24 (2) reimbursement of expenditures;
25 incurred by a public school to purchase curricular materials that
26 are provided to each student at no cost as required under
27 IC 20-26-12-1.
28 Sec. 5. The department shall annually determine an average cost
29 amount per student for curricular materials for each public school
30 to determine the distribution amount under this chapter. The
31 amount determined by the department under this section must be
32 identical for all public schools.
33 Sec. 6. (a) The department shall annually determine the total
34 distribution amount from the fund in a state fiscal year.
35 (b) Beginning July 15, 2023, and July 15 each year thereafter,
36 the department shall distribute to each public school from the
37 curricular materials fund an amount equal to the average cost
38 amount per student for curricular materials as determined under
39 section 5 of this chapter multiplied by the fall count of ADM for the
40 public school.
41 (c) If the total distribution amount from the fund is less than the
42 amount needed to pay the cost of all curricular materials provided
2023 IN 395—LS 7440/DI 147 18
1 to each student at all public schools, the department shall make
2 distributions from the fund to each public school based on the cost
3 of curricular materials per student as determined under section 5
4 of this chapter on a pro rata basis.
5 Sec. 7. Each public school shall establish a separate curricular
6 materials account. A public school that receives a distribution of
7 money from the curricular materials fund under this chapter shall
8 deposit the distributed amount in the public school's curricular
9 materials account established for the purpose of receiving funds
10 for the costs to the public school for curricular materials. Money
11 in the account may be used only for the costs of curricular
12 materials.
13 SECTION 16. IC 20-41-1-2, AS AMENDED BY P.L.238-2019,
14 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 2. Any self-supporting programs maintained by a
16 school corporation, including
17 (1) school lunch, and
18 (2) rental or sale of curricular materials;
19 may be established as a separate funds, fund, separate and apart from
20 any other school corporation fund, if no local tax rate is established for
21 the programs.
22 SECTION 17. IC 20-41-2-2 IS REPEALED [EFFECTIVE JULY 1,
23 2023]. Sec. 2. Each township trustee in operating a curricular materials
24 rental program may use either of the following accounting methods:
25 (1) The township trustee may supervise and control the program
26 through its school corporation account by establishing a curricular
27 materials rental fund.
28 (2) If curricular materials have not been purchased and financial
29 commitments or guarantees for the purchases have not been made
30 by the school corporation, the township trustee may have the
31 program operated by the individual schools of the school
32 corporation through the school corporation's extracurricular
33 account or accounts under IC 20-41-1.
34 SECTION 18. IC 20-41-2-3, AS AMENDED BY P.L.286-2013,
35 SECTION 121, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) If a school lunch fund is
37 established under section 1 of this chapter, or a curricular materials
38 rental fund is established under section 2 of this chapter, the receipts
39 and expenditures for each the program shall be made to and from the
40 proper fund without appropriation or the application of other laws
41 relating to the budgets of local governmental units.
42 (b) If either a school lunch program or both programs under
2023 IN 395—LS 7440/DI 147 19
1 sections section 1 and 2 of this chapter are is operated through the
2 extracurricular account, the township trustee shall approve the amount
3 of the bond of the treasurer of the extracurricular account in an amount
4 the township trustee considers necessary to protect the account for all
5 funds coming into the hands of the treasurer.
6 SECTION 19. IC 20-41-2-5, AS AMENDED BY P.L.140-2018,
7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 5. (a) A governing body in operating a curricular
9 materials rental program under IC 20-26-5-4(a)(12) may use either of
10 the following accounting methods:
11 (1) The governing body may supervise and control the program
12 through the school corporation's curricular materials rental fund
13 or education fund.
14 (2) If curricular materials have not been purchased and financial
15 commitments or guarantees for the purchases have not been made
16 by the school corporation, the governing body may cause the
17 program to be operated by the individual schools of the school
18 corporation through the school corporation's extracurricular
19 account or accounts in accordance with IC 20-41-1.
20 (b) If the governing body determines that a hardship exists due to
21 the inability of a student's family to purchase or rent curricular
22 materials, taking into consideration the income of the family and the
23 demands on the family, the governing body may furnish curricular
24 materials to the student without charge, without reference to the
25 application of any other statute or rule except IC 20-26-1 through
26 IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1.
27 SECTION 20. IC 20-41-2-6, AS AMENDED BY P.L.244-2017,
28 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 6. (a) If a school lunch fund is established under
30 section 4 of this chapter and the school corporation's education fund is
31 used under section 5 of this chapter, the receipts and expenditures from
32 a fund for the program to which the fund relates shall be made to and
33 from the appropriate fund without appropriation or the application of
34 other statutes and rules relating to the budgets of municipal
35 corporations.
36 (b) If either the lunch program or the curricular materials rental
37 program is handled through the extracurricular account, the governing
38 body of the school corporation shall approve the amount of the bond of
39 the treasurer of the extracurricular account in an amount the governing
40 body considers sufficient to protect the account for all funds coming
41 into the hands of the treasurer of the account.
42 SECTION 21. IC 20-42-3-10, AS AMENDED BY P.L.286-2013,
2023 IN 395—LS 7440/DI 147 20
1 SECTION 124, IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2023]: Sec. 10. The trustee, with the advice and
3 consent of the township board, shall use the account for the following
4 educational purposes:
5 (1) Each year the trustee shall pay, to the parent or legal guardian
6 of any child whose residence is within the township, the initial
7 cost for the rental of curricular materials used in any elementary
8 or secondary school that has been accredited by the state. The
9 reimbursement for the rental of curricular materials shall be for
10 the initial yearly rental charge only. Curricular materials
11 subsequently lost or destroyed may not be paid for from this
12 account.
13 (2) (1) Students who are residents of the township for the last two
14 (2) years of their secondary education and who still reside within
15 the township are entitled to receive financial assistance in an
16 amount not to exceed an amount determined by the trustee and
17 the township board during an annual review of postsecondary
18 education fees and tuition costs of education at any accredited
19 postsecondary educational institution. Amounts to be paid to each
20 eligible student shall be set annually after this review. The
21 amount paid each year must be:
22 (A) equitable for every eligible student without regard to race,
23 religion, creed, sex, disability, or national origin; and
24 (B) based on the number of students and the amount of funds
25 available each year.
26 (3) (2) A person who has been a permanent resident of the
27 township continuously for at least two (2) years and who needs
28 educational assistance for job training or retraining may apply to
29 the trustee of the township for financial assistance. The trustee
30 and the township board shall review each application and make
31 assistance available according to the need of each applicant and
32 the availability of funds.
33 (4) (3) If all the available funds are not used in any one (1) year,
34 the unused funds shall be retained in the account by the trustee for
35 use in succeeding years.
36 SECTION 22. [EFFECTIVE UPON PASSAGE] (a) Not later than
37 July 15, 2023, each:
38 (1) township trustee that operates a school corporation; or
39 (2) governing body of a school corporation;
40 shall distribute an equal amount of the remaining balance from the
41 school corporation's curricular materials rental fund established
42 under IC 20-41-2 into the curricular materials account of each
2023 IN 395—LS 7440/DI 147 21
1 public school of the school corporation that is established in
2 accordance with IC 20-40-22-7, as added by this act.
3 (b) This SECTION expires January 1, 2024.
4 SECTION 23. [EFFECTIVE JULY 1, 2023] (a) As used in this
5 SECTION, "curricular materials fund" refers to the curricular
6 materials fund established by IC 20-40-22-3, as added by this act.
7 (b) There is appropriated from the state general fund an
8 amount sufficient to fully fund advancements and reimbursements
9 from the curricular materials fund for the state fiscal year
10 beginning July 1, 2023.
11 (c) This SECTION expires July 1, 2025.
12 SECTION 24. [EFFECTIVE JULY 1, 2023] (a) As used in this
13 SECTION, "MOE requirement" means the state maintenance of
14 effort required under the federal Temporary Assistance for Needy
15 Families (TANF) program.
16 (b) As used in this SECTION, "office" refers to the office of the
17 secretary of family and social services.
18 (c) The office shall do the following:
19 (1) Prepare a report that includes the following:
20 (A) Information regarding whether there are any funds
21 available that could meet the MOE requirement that are
22 not currently being used to meet the MOE requirement.
23 (B) An estimate of the amount of additional funds that are
24 needed to meet the MOE requirement because of the
25 elimination of the textbook reimbursement program by
26 this act.
27 (C) Recommendations regarding the appropriation of
28 sufficient funds to meet the MOE requirement.
29 (2) Not later than November 1, 2023, submit the report
30 prepared under subdivision (1) to the following:
31 (A) The budget committee.
32 (B) The general assembly in an electronic format under
33 IC 5-14-6.
34 (d) There is appropriated from the state general fund to the
35 office an amount sufficient to meet MOE requirements for the state
36 fiscal year beginning July 1, 2023.
37 (e) This SECTION expires July 1, 2025.
38 SECTION 25. An emergency is declared for this act.
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