2012 Indiana Code
TITLE 20. EDUCATION
ARTICLE 43. STATE TUITION SUPPORT
CHAPTER 9. PRIMETIME PROGRAM

IC 20-43-9
Chapter 9. Primetime Program

IC 20-43-9-0.3
Status of rules relating to primetime program adopted before January 1, 1994
Sec. 0.3. A rule adopted by the state board before January 1, 1994, concerning the primetime program under IC 21-1-29 (before its repeal by P.L.278-1993(ss), SECTION 16), after December 31, 1993, is valid, effective, and considered to be a rule of the state board concerning the primetime program under IC 21-1-30 (as added by P.L.38-1994 and before its repeal, now codified at IC 20-43-9), until the state board adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the rule adopted under IC 21-1-29; or
(2) repeals the rule adopted under IC 21-1-29.
As added by P.L.220-2011, SEC.338.

IC 20-43-9-0.5
Application; exception
Sec. 0.5. This chapter does not apply to a virtual charter school.
As added by P.L.229-2011, SEC.216.

IC 20-43-9-1
Purpose
Sec. 1. The primetime program is established to provide money to encourage school corporations to lower the pupil/teacher ratio in kindergarten through grade 3.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-2
Restriction of use of grant
Sec. 2. The amount received under this chapter shall be devoted to reducing class size in kindergarten through grade 3.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-3
Administration
Sec. 3. The primetime program shall be administered by the state board.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-4
Staff cost; guaranteed primetime amount; count; licensed teachers; instructional aides
Sec. 4. For purposes of computation under this chapter, the following shall be used:
(1) The staff cost amount for a school corporation is seventy-four thousand five hundred dollars ($74,500).
(2) The guaranteed primetime amount for a school corporation

is the primetime allocation, before any penalty is assessed under this chapter, that the school corporation would have received under this chapter for the 1999 calendar year or the first year of participation in the program, whichever is later.
(3) The following apply to determine whether amounts received under this chapter have been devoted to reducing class size in kindergarten through grade 3 as required by section 2 of this chapter:
(A) Except as permitted under section 8 of this chapter, only a licensed teacher who is an actual classroom teacher in a regular instructional program is counted as a teacher.
(B) If a school corporation is granted approval under section 8 of this chapter, the school corporation may include as one-third (1/3) of a teacher each classroom instructional aide who meets qualifications and performs duties prescribed by the state board.
As added by P.L.2-2006, SEC.166. Amended by P.L.234-2007, SEC.253; P.L.182-2009(ss), SEC.341.

IC 20-43-9-5
Eligibility; implementation of primetime program
Sec. 5. In order to receive a distribution under this chapter, a school corporation must implement the primetime program in the following order:
(1) Grade 1.
(2) Grade 2.
(3) Grade 3 or kindergarten.
(4) The grade not chosen under subdivision (3).
As added by P.L.2-2006, SEC.166.

IC 20-43-9-6
Calculation; grant amount
Sec. 6. A school corporation's primetime distribution for a calendar year under this chapter is the amount determined by the following formula:
STEP ONE: Determine the applicable target pupil/teacher ratio for the school corporation as follows:
(A) If the school corporation's complexity index is less than one and one-tenth (1.1), the school corporation's target pupil/teacher ratio is eighteen to one (18:1).
(B) If the school corporation's complexity index is at least one and one-tenth (1.1) but less than one and three-tenths (1.3), the school corporation's target pupil/teacher ratio is fifteen (15) plus the result determined in item (iii) to one (1):
(i) Determine the result of one and three-tenths (1.3) minus the school corporation's complexity index.
(ii) Determine the item (i) result divided by two-tenths (0.2).
(iii) Determine the item (ii) result multiplied by three (3).
(C) If the school corporation's complexity index is at least

one and three-tenths (1.3), the school corporation's target pupil/teacher ratio is fifteen to one (15:1).
STEP TWO: Determine the result of:
(A) the ADM of the school corporation in kindergarten through grade 3 for the current school year; divided by
(B) the school corporation's applicable target pupil/teacher ratio, as determined in STEP ONE.
STEP THREE: Determine the result of:
(A) the basic tuition support for the year multiplied by seventy-five hundredths (0.75); divided by
(B) the school corporation's ADM.
STEP FOUR: Determine the result of:
(A) the STEP THREE result; multiplied by
(B) the ADM of the school corporation in kindergarten through grade 3 for the current school year.
STEP FIVE: Determine the result of:
(A) the STEP FOUR result; divided by
(B) the staff cost amount.
STEP SIX: Determine the greater of zero (0) or the result of:
(A) the STEP TWO amount; minus
(B) the STEP FIVE amount.
STEP SEVEN: Determine the result of:
(A) the STEP SIX amount; multiplied by
(B) the staff cost amount.
STEP EIGHT: Determine the greater of the STEP SEVEN amount or:
(A) for 2012, fifty percent (50%) of the school corporation's guaranteed primetime amount; or
(B) for 2013, zero (0).
STEP NINE: A school corporation's amount under this STEP is the following:
(A) If the amount the school corporation received under this chapter in the previous calendar year is greater than zero (0), the amount under this STEP is the lesser of:
(i) the STEP EIGHT amount; or
(ii) the amount the school corporation received under this chapter for the previous calendar year multiplied by one hundred seven and one-half percent (107.5%).
(B) If the amount the school corporation received under this chapter in the previous calendar year is not greater than zero (0), the amount under this STEP is the STEP EIGHT amount.
As added by P.L.2-2006, SEC.166. Amended by P.L.234-2007, SEC.254; P.L.182-2009(ss), SEC.342; P.L.229-2011, SEC.217.

IC 20-43-9-7
Report; class size
Sec. 7. A school corporation shall compile class size data for kindergarten through grade 3 and report the data to the department for purposes of maintaining compliance with this chapter. As added by P.L.2-2006, SEC.166.

IC 20-43-9-8
Conditions; counting instructional aides
Sec. 8. (a) The state board shall approve the counting of classroom instructional aides as teachers under this chapter if the school corporation can substantiate each year that providing adequate classroom space for the attainment of the school corporation's target pupil/teacher ratio creates an unreasonable hardship for that school corporation.
(b) If a school corporation qualifies under subsection (a) for classroom instructional aides, the school corporation shall present to the state board a plan concerning that school corporation's instructional aides program.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-9
Application
Sec. 9. School corporations shall apply for money under this chapter:
(1) on a form prescribed; and
(2) on or before the date designated;
by the state board.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-10
Evaluation of program
Sec. 10. The state board shall evaluate the effectiveness of the primetime program and shall monitor compliance by school corporations with this chapter.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-11
Rules
Sec. 11. The state board shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.2-2006, SEC.166.

IC 20-43-9-12
Adjustment of state primetime program distributions; schedule of adjustments
Sec. 12. (a) The department shall adjust distributions made to a school corporation, including a charter school, after May 13, 2005, to eliminate the difference between the state primetime distribution that the school corporation, including a charter school, received as a result of IC 21-1-30-3 (as amended by P.L.224-2003, before its repeal, now codified in this chapter), and the state primetime distribution to which the school corporation, including a charter school, is entitled to receive under IC 21-1-30-3 (as amended by P.L.246-2005, before its repeal, now codified in this chapter). (b) The adjustments required under this section shall be made on the schedule determined by the department of education.
As added by P.L.220-2011, SEC.339.