Second Regular Session 116th General Assembly (2010)
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HOUSE ENROLLED ACT No. 1367
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-10-8-6.7; (10)HE1367.1.1. -->
SECTION 1. IC 5-10-8-6.7, AS ADDED BY P.L.182-2009(ss),
SECTION 515, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.7. (a) As used in this section,
"state employee health plan" means a:
(1) self-insurance program established under section 7(b) of this
chapter; or
(2) contract with a prepaid health care delivery plan entered into
under section 7(c) of this chapter;
to provide group health coverage for state employees.
(b) The state personnel department shall allow a school corporation
to elect to provide coverage of health care services for active and
retired employees of the school corporation under any state employee
health plan. If a school corporation elects to provide coverage of health
care services for active and retired employees of the school corporation
under a state employee health plan, it must provide coverage for all
active and retired employees of the school corporation under the state
employee health plan (other than any employees covered by an Indiana
comprehensive health insurance association policy
or individuals who
retire from the school corporation before July 1, 2010) if coverage
was provided for these employees under the prior policies.
(c) The following apply if a school corporation elects to provide
coverage for active and retired employees of the school corporation
under subsection (b):
(1) The state shall not pay any part of the cost of the coverage.
(2) The coverage provided to an active or retired school
corporation employee under this section must be the same as the
coverage provided to an active or retired state employee under the
state employee health plan.
(3) Notwithstanding sections 2.2 and 2.6 of this chapter:
(A) the school corporation shall pay for the coverage provided
to an active or retired school corporation employee under this
section an amount not more than the amount paid by the state
for coverage provided to an active or retired state employee
under the state employee health plan; and
(B) an active or retired school corporation employee shall pay
for the coverage provided to the active or retired school
corporation employee under this section an amount that is at
least equal to the amount paid by an active or retired state
employee for coverage provided to the active or retired state
employee under the state employee health plan.
However, this subdivision does not apply to contractual
commitments made by a school corporation to individuals
who retire before July 1, 2010.
(4) The school corporation shall pay any administrative costs of
the school corporation's participation in the state employee health
plan.
(5) The school corporation shall provide the coverage elected
under subsection (b) for a period of at least three (3) years
beginning on the date the coverage of the school corporation
employees under the state employee health plan begins.
(d) The state personnel department shall provide an enrollment
period at least every thirty (30) days for a school corporation that elects
to provide coverage under subsection (b).
(e) The state personnel department may adopt rules under IC 4-22-2
to implement this section.
(f) Neither this section nor a school corporation's election to
participate in a state employee health plan as provided in this section
impairs the rights of an exclusive representative of the certificated or
noncertificated employees of the school corporation to collectively
bargain all matters related to school employee health insurance
programs and benefits.
SOURCE: IC 20-32-8-9; (10)HE1367.1.2. -->
SECTION 2. IC 20-32-8-9, AS ADDED BY P.L.1-2005, SECTION
16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 9. If the governing body decides to establish a remediation
program or preventive remediation program under this chapter, the
governing body must:
(1) give priority in the allocation of resources to students who
are deficient in reading skills in grades 1 through grade 3;
(1) (2) subject to section 10 of this chapter, determine the type of
program that best fits the needs of the students of the school
corporation; and
(2) (3) adopt guidelines for:
(A) procedures for determining student eligibility for a
program; and
(B) implementation of the program.
SOURCE: IC 20-32-8.5; (10)HE1367.1.3. -->
SECTION 3. IC 20-32-8.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 8.5. Reading Deficiency Remediation Plan
Sec. 1. The state superintendent, in conjunction with the state
board, shall develop a plan to improve reading skills of students
and implement appropriate remediation techniques for students.
Sec. 2. The plan required by this chapter must include the
following:
(1) Reading skill standards for grade 1 through grade 3.
(2) An emphasis on a method for making determinant
evaluations by grade 3 that might require remedial action for
the student, including retention as a last resort, after other
methods of remediation have been evaluated or used, or both,
if reading skills are below the standard. Appropriate
consultation with parents or guardians must be part of the
plan.
(3) The fiscal impact of each component of the plan, if any. In
determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require
the state or school corporation to reallocate resources.
Sec. 3. (a) For any component of the plan that has a fiscal
impact, the state superintendent shall present those components of
the plan to the general assembly:
(1) for consideration of the plan; and
(2) to determine the amount of any appropriation in the state
budget for the state fiscal years beginning in 2011 and 2012
that is necessary to carry out the plan.
(b) To the extent a component of the plan does not have a fiscal
impact, that component of the plan may be implemented after the
state board holds a public hearing at which there is full public
discussion and review by the state board.
Sec. 4. The state board may adopt rules under IC 4-22-2 to
carry out this chapter.
SOURCE: IC 20-40-16; (10)HE1367.1.4. -->
SECTION 4. IC 20-40-16 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 16. School Fund Transfers
Sec. 1. As used in this chapter, "capital projects fund levy", with
respect to a particular school corporation, means the maximum
levy that the school corporation could impose in calendar year
2010 under IC 20-46-6-5 for the school corporation's capital
projects fund.
Sec. 2. As used in this chapter, "wage and salary increase"
means an increase in wages or salaries payable for the same or a
similar position after subtracting, for all employees, any of the
following received by the individual:
(1) An increase in wages or salary of an employee from an
increment under IC 20-28-9-2 bargained for under a written
contract signed before March 1, 2010, that has not expired.
(2) An increase in wages or salary of an employee from an
increment under IC 20-28-9-2 that does not exceed the
increment permitted under an increment schedule in effect
during the previous year under a written contract in effect for
the previous year or under the status quo provisions in
IC 20-29-9-16. However, the increment may not exceed two
percent (2%) of the wages and salary of the employee in the
previous year.
(3) An increase in wages or salary that is paid to an employee
as a result of the employee completing licensing requirements.
(4) Health care benefit cost increases for the same or an
equivalent plan that are shared by the employee and the
employer in the same proportion as health care benefit costs
are shared in the previous year.
Sec. 3. No funds transferred under this chapter may be used to
increase an increment schedule from an existing increment
agreement or to increase fringe benefits except those under section
2(4) of this chapter.
Sec. 4. Notwithstanding any other law except this chapter, a
school corporation may transfer money during the 2010-2011
school year to one (1) or more funds held by the school corporation
for the purposes of the funds from any fund held by the school
corporation other than a debt service fund or a racial balance
fund.
Sec. 5. A transfer is not permitted under this chapter after June
30, 2011.
Sec. 6. Money transferred under this chapter must be used to
preserve and protect instructional programs.
Sec. 7. A transfer under this chapter must be authorized by a
resolution adopted by the school corporation's governing body.
Sec. 8. The total amount that may be transferred under section
4 of this chapter in the 2010-2011 school year may not exceed an
amount equal to:
(1) five percent (5%) of the school corporation's capital
projects fund levy, if the governing body does not comply with
section 9 of this chapter; and
(2) ten percent (10%) of the school corporation's capital
projects fund levy, if the governing body complies with section
9 of this chapter.
Sec. 9. To authorize, in the aggregate, transfers exceeding five
percent (5%) of the school corporation's capital projects fund levy,
a governing body must include in the authorizing resolution a
certification that the employees of the school corporation will not
receive a general wage and salary increase for the 2010-2011
school year. The resolution must be submitted to the department.
Sec. 10. If a transfer is made under this chapter during the
2010-2011 school year, the school corporation shall file a report
with the department before October 1, 2011. The report must
include the following:
(1) The purpose of the transfer.
(2) The funds involved in the transfer.
(3) The amount transferred between the funds.
(4) The impact of the transfer to the programs that are
supported by the fund from which the transfer was made.
Sec. 11. Notwithstanding any other law (including IC 20-28-9),
the governing body of a school corporation and an exclusive
representative may mutually agree to forego any wage or salary
increases that would otherwise be required under IC 20-28-9 for
the 2010-2011 school year.
Sec. 12. This chapter expires October 1, 2011.
SOURCE: IC 20-42.5-4; (10)HE1367.1.5. -->
SECTION 5. IC 20-42.5-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 4. Emergency Measures to Maintain Instruction and
Learning Programs
Sec. 1. A school corporation shall take the actions necessary and
desirable to preserve and protect instructional programs, including
class sizes, curriculum, or program offerings.
SOURCE: IC 20-43-12-2; (10)HE1367.1.6. -->
SECTION 6. IC 20-43-12-2, AS ADDED BY P.L.182-2009(ss),
SECTION 343, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2010 (RETROACTIVE)]: Sec. 2. The
amount of the restoration grant to which a school corporation is entitled
in a calendar year 2010 and calendar year 2011 is equal to the result
determined under the following formula:
STEP ONE: Determine the school corporation's basic tuition
support for the current year.
STEP TWO: Determine the amount of the basic tuition support to
which the school corporation corporation's previous year
revenue that would have been entitled applies to the
determination of the school corporation's basic tuition
support for the 2009 2010 calendar year. if the school
corporation's basic tuition support had been computed using the
formula for computing basic tuition support for 2009 as that
formula existed after the amendments made by P.L.146-2008.
STEP THREE: Determine the sum of:
(A) the STEP TWO amount divided by the school
corporation's 2009 ADM; plus
(B) twenty-five dollars ($25) for 2010 and seventy-five dollars
($75) for 2011.
STEP FOUR: Determine the result of:
(A) the school corporation's STEP THREE amount; multiplied
by
(B) the school corporation's ADM for the current year.
STEP FIVE: Determine the sum of:
(A) the STEP TWO amount divided by the school
corporation's 2009 ADM; minus
(B) twenty-five dollars ($25) for 2010 and seventy-five dollars
($75) for 2011.
STEP SIX: Determine the result of:
(A) the school corporation's STEP FIVE amount; multiplied by
(B) the school corporation's ADM for the current year.
STEP SEVEN: Determine the lesser of:
(A) the STEP FOUR amount; or
(B) the STEP TWO amount.
STEP EIGHT: Determine the greater of:
(A) the STEP SEVEN amount; or
(B) the STEP SIX amount.
STEP NINE: Determine the greater of zero (0) or the result of:
(A) the STEP EIGHT amount; minus
(B) the STEP ONE amount.
STEP TEN: Determine the sum of the current year basic tuition
support plus the STEP NINE amount.
STEP ELEVEN: Determine the result of the following:
(A) For 2010, divide the STEP TEN amount by the STEP
TWO amount.
(B) For 2011, divide:
(i) the STEP TEN amount; by
(ii) the sum of the prior year basic tuition support plus the
prior year STEP NINE amount.
STEP TWELVE: Determine the greater of:
(A) zero (0); or
(B) the result of:
(i) ninety-seven hundredths (0.97); minus
(ii) the STEP ELEVEN amount.
STEP THIRTEEN: Determine the lesser of:
(A) two hundred twenty dollars ($220) for 2010 and three
hundred fifty dollars ($350) for 2011; or
(B) the result of:
(i) the STEP TWELVE amount multiplied by nine thousand
five hundred (9,500), in 2010; and
(ii) the STEP TWELVE amount multiplied by twelve
thousand (12,000), in 2011.
STEP FOURTEEN: Determine the product of:
(A) the STEP THIRTEEN amount; multiplied by
(B) the school corporation's current ADM.
STEP FIFTEEN: Determine the sum of:
(A) the STEP NINE amount; plus
(B) the STEP FOURTEEN amount.
SOURCE: ; (10)HE1367.1.7. -->
SECTION 7. [EFFECTIVE JANUARY 1, 2010 (RETROACTIVE)]
The changes, by the amendment of IC 20-43-12-2 by this act, to the
amount of state tuition support to which a school corporation is
entitled under IC 20-43 in 2010 and 2011 shall be applied before
making any reduction in the amount under IC 4-13-2-18,
IC 20-43-2-3, and IC 20-43-2-4, or another law.
SOURCE: ; (10)HE1367.1.8. -->
SECTION 8. [EFFECTIVE UPON PASSAGE]
(a)
Notwithstanding the effective date of IC 20-40-16, as added by this
act, a governing body (as defined in IC 20-18-2-5) of a school
corporation (as defined in IC 20-18-2-16(a)) may adopt, before July
1, 2010, the resolutions necessary to implement IC 20-40-16, as
added by this act. A resolution described in this subsection is
effective to the same extent as if it were adopted after June 30,
2010.
(b) This SECTION expires October 1, 2011.
SOURCE: ; (10)HE1367.1.9. -->
SECTION 9.
An emergency is declared for this act.
HEA 1367 _ CC 1
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