Synopsis: Public school transfer program. Establishes a public school
transfer program, allowing the parent of a student to request a transfer
for the student to enroll in: (1) a different public school in the student's
base school corporation; or (2) a public school in a different school
corporation. Provides an allocation of public funds for transfer students
between the base school corporation and the receiving school
corporation, and provides that the parent is responsible for
transportation and any additional costs. Allows school corporations to
enter into an interlocal agreement under which students whose legal
settlement is in one school corporation may attend school in the other
school corporation. Allows a student who has legal settlement in one
school corporation and whose parent owns property for which the
parent pays property tax in another school corporation to attend school
in the latter school corporation without transfer tuition being charged.
Requires a school corporation to provide notice to parents concerning
the publication of the school corporation's annual performance report
and concerning the right of students to transfer out of schools that fail
to perform adequately.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Education and Career
Development.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
homes made under IC 6-1.1-7.
(f) "Postabstract adjustments" means adjustments in taxes made
subsequent to the filing of an auditor's abstract which change
assessments therein or add assessments of omitted property affecting
taxes for such assessment year.
(g) "Total county tax levy" means the sum of:
(1) the remainder of:
(A)
the aggregate levy of all taxes for all taxing units in a
county which are to be paid in the county for a stated
assessment year as reflected by the auditor's abstract for the
assessment year, adjusted, however, for any postabstract
adjustments which change the amount of the aggregate levy;
minus
(B)
the sum of any increases in property tax levies of taxing
units of the county that result from appeals described in:
(i)
IC 6-1.1-18.5-13(4) and IC 6-1.1-18.5-13(5) filed after
December 31, 1982; plus
(ii)
the sum of any increases in property tax levies of taxing
units of the county that result from any other appeals
described in IC 6-1.1-18.5-13 filed after December 31,
1983; plus
(iii)
IC 6-1.1-18.6-3 (children in need of services and
delinquent children who are wards of the county); minus
(C)
the total amount of property taxes imposed for the stated
assessment year by the taxing units of the county under the
authority of IC 12-1-11.5 (repealed), IC 12-2-4.5 (repealed),
IC 12-19-5, or IC 12-20-24; minus
(D)
the total amount of property taxes to be paid during the
stated assessment year that will be used to pay for interest or
principal due on debt that:
(i)
is entered into after December 31, 1983;
(ii)
is not debt that is issued under IC 5-1-5 to refund debt
incurred before January 1, 1984; and
(iii)
does not constitute debt entered into for the purpose of
building, repairing, or altering school buildings for which
the requirements of IC 20-5-52 (repealed) were satisfied
prior to January 1, 1984; minus
(E)
the amount of property taxes imposed in the county for the
stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was initially
established or reestablished for a stated assessment year that
succeeds the 1983 stated assessment year; minus
(F) the remainder of:
(i)
the total property taxes imposed in the county for the
stated assessment year under authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(ii)
the total property taxes imposed in the county for the
1984 stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(G)
the amount of property taxes imposed in the county for the
stated assessment year under:
(i)
IC 21-2-15 for a capital projects fund; plus
(ii)
IC 6-1.1-19-10 for a racial balance fund; plus
(iii) IC 20-14-13 IC 36-12-12 for a library capital projects
fund; plus
(iv) IC 20-5-17.5-3 IC 36-10-13-7 for an art association
fund; plus
(v)
IC 21-2-17 for a special education preschool fund; plus
(vi)
IC 21-2-11.6 for a referendum tax levy fund; plus
(vii)
an appeal filed under IC 6-1.1-19-5.1 for an increase in
a school corporation's maximum permissible general fund
levy for certain transfer tuition costs; plus
(viii)
an appeal filed under IC 6-1.1-19-5.4 for an increase
in a school corporation's maximum permissible general fund
levy for transportation operating costs; minus
(H) the amount of property taxes imposed by a school
corporation that is attributable to the passage, after 1983, of a
referendum for an excessive tax levy under IC 6-1.1-19,
including any increases in these property taxes that are
attributable to the adjustment set forth in IC 6-1.1-19-1.5 or
any other law; minus
(I) for each township in the county, the lesser of:
(i)
the sum of the amount determined in IC 6-1.1-18.5-19(a)
STEP THREE or IC 6-1.1-18.5-19(b) STEP THREE,
whichever is applicable, plus the part, if any, of the
township's ad valorem property tax levy for calendar year
1989 that represents increases in that levy that resulted from
an appeal described in IC 6-1.1-18.5-13(4) filed after
December 31, 1982; or
(ii)
the amount of property taxes imposed in the township for
the stated assessment year under the authority of
IC 36-8-13-4; minus
(J)
for each participating unit in a fire protection territory
established under IC 36-8-19-1, the amount of property taxes
levied by each participating unit under IC 36-8-19-8 and
IC 36-8-19-8.5 less the maximum levy limit for each of the
participating units that would have otherwise been available
for fire protection services under IC 6-1.1-18.5-3 and
IC 6-1.1-18.5-19 for that same year; minus
(K) for each county, the sum of:
(i)
the amount of property taxes imposed in the county for
the repayment of loans under IC 12-19-5-6 (repealed) that is
included in the amount determined under IC 12-19-7-4(a)
STEP SEVEN for property taxes payable in 1995, or for
property taxes payable in each year after 1995, the amount
determined under IC 12-19-7-4(b); and
(ii)
the amount of property taxes imposed in the county
attributable to appeals granted under IC 6-1.1-18.6-3 that is
included in the amount determined under IC 12-19-7-4(a)
STEP SEVEN for property taxes payable in 1995, or the
amount determined under IC 12-19-7-4(b) for property taxes
payable in each year after 1995; plus
(2) all taxes to be paid in the county in respect to mobile home
assessments currently assessed for the year in which the taxes
stated in the abstract are to be paid; plus
(3) the amounts, if any, of county adjusted gross income taxes that
were applied by the taxing units in the county as property tax
replacement credits to reduce the individual levies of the taxing
units for the assessment year, as provided in IC 6-3.5-1.1; plus
(4) the amounts, if any, by which the maximum permissible ad
valorem property tax levies of the taxing units of the county were
reduced under IC 6-1.1-18.5-3(b) STEP EIGHT for the stated
assessment year; plus
(5) the difference between:
(A)
the amount determined in IC 6-1.1-18.5-3(e) STEP FOUR;
minus
(B)
the amount the civil taxing units' levies were increased
because of the reduction in the civil taxing units' base year
certified shares under IC 6-1.1-18.5-3(e).
this chapter.
(n) "General school operating levy" means the ad valorem property
tax levy of a school corporation in a county for the school corporation's
general fund.
(o) "Board" refers to the property tax replacement fund board
established under section 10 of this chapter.
(p) "Gained student" means, with respect to a particular school
corporation, a student:
(1) whose base school corporation is not that particular school
corporation; and
(2) who transfers into that particular school corporation
under IC 20-26-11.5.
(q) "Lost student" means, with respect to a particular school
corporation, a student:
(1) whose base school corporation is that particular school
corporation; and
(2) who transfers out of that particular school corporation
under IC 20-26-11.5.
(r) "Per capita levy" for a school corporation means the total
general fund levy of the school corporation divided by the ADM (as
defined in IC 21-3-1.6-1.1) of the school corporation.
(s) "Gained student levy amount" means a school corporation's
per capita levy multiplied by the number of gained students for the
school corporation.
(t) "Lost student levy amount" means a school corporation's per
capita levy multiplied by the number of lost students for the school
corporation.
corporation may attend school in the other school corporation.
(b) If a student attends school in another school corporation
under an interlocal agreement described in subsection (a):
(1) the provisions of this chapter concerning transfer tuition
do not apply; and
(2) the terms of the interlocal agreement concerning the
payment of costs for the student's attendance apply.
school corporation.
(2) The property must be zoned for residential or commercial
use.
However, a decision to allow a student to enroll in a school
corporation in which the student does not have legal settlement is
not considered a determination that the student did not enroll
primarily for athletic reasons.
Sec. 8. Not later than April 1 before the beginning of a school
year for which a parent seeks enrollment of a student under the
program, the student's parent must notify the superintendent of
the school corporation in which the parent seeks to have the
student enrolled of the parent's request to have the student
enrolled.
Sec. 9. (a) The superintendent of the school corporation in which
a parent seeks enrollment of a student under the program:
(1) is not required to enroll the student; and
(2) may not enroll the student if enrollment will cause the
school corporation to be out of compliance with a court order,
including a court order described in IC 20-26-11-19.
(b) A superintendent may not refuse to enroll a student in
violation of IC 20-33-1 or because the student has a disability.
(c) A superintendent shall notify a parent who makes a request
under section 8 of this chapter of the superintendent's decision not
later than thirty (30) days after receiving a request for enrollment
under section 8 of this chapter. If a superintendent does not notify
a parent of the superintendent's decision not later than thirty (30)
days after receiving a request for enrollment, the request to enroll
is considered to be granted.
(d) A superintendent who accepts a student for enrollment
under the program shall notify the superintendent of the student's
base corporation of the student's acceptance not later than fifteen
(15) days after accepting the student.
Sec. 10. The following apply when a student transfers under this
chapter to a school in the student's base school corporation:
(1) There is no monetary transfer award.
(2) There is no change in:
(A) the ADM of the school corporation; or
(B) state assistance to the school corporation.
(3) The school corporation is not required to provide
transportation for the student.
Sec. 11. The following apply when a student transfers under this
chapter to a school that is not in the student's base school
corporation:
(1) IC 20-35-8-1 applies to the transfer of a student with a
disability.
policy adopted under this section may provide that the governing
body shall make the determination of whether to enroll a student
or to continue a student's enrollment under the program.
Sec. 14. A school corporation or school may not solicit the
parents of a student to transfer the student to the school
corporation or school.
Sec. 15. For purposes of accountability for performance and
assessing school improvement under IC 20-31, a student who
transfers to a school under the program is included as a student in
the school to which the student transferred.
Sec. 16. The department shall establish procedures to
administer this chapter.
Sec. 17. The state board may adopt rules under IC 4-22-2 to
implement and administer the program.
established by IC 20-19-3-1.
(b) As used in this SECTION, "school year" has the meaning set
forth in IC 20-18-2-17.
(c) The department shall grant transfers under IC 20-26-11.5,
as added by this act, beginning with the 2007-2008 school year.
(d) This SECTION expires July 1, 2009.