2014 Indiana Code TITLE 20. EDUCATION ARTICLE 33. STUDENTS: GENERAL PROVISIONS CHAPTER 5. FINANCIAL ASSISTANCE FOR STUDENTS
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IC 20-33-5
Chapter 5. Financial Assistance for Students
IC 20-33-5-1
Definitions; family income to be used to determine financial
eligibility
Sec. 1. (a) As used in this chapter, "school corporation" includes
a charter school.
(b) As used in this chapter, "governing body" includes the
organizer of a charter school.
(c) The maximum monthly or annual gross income available to a
family shall be used to determine financial eligibility for assistance
under this chapter.
(d) In determining the eligibility of a seasonal worker for
assistance under this chapter, an average shall be made of the family's
income for the twelve (12) calendar months preceding the first day of
the month in which the application is made.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-2
Procedures to qualify for assistance; financial eligibility standard
Sec. 2. The department shall adopt procedures that must be
followed by applicants in order for them to qualify for assistance
under this chapter. These procedures must include obtaining
information needed by the family and social services administration
to determine if the recipient is a child who is a member of a
qualifying family (as defined in IC 12-14-28-1), including the
familial relationship of the child to the head of the household. The
financial eligibility standard for an applicant under this chapter must
be the same criteria used for determining eligibility for receiving free
or reduced price lunches under the national school lunch program.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-3
Qualified parents; payment of fees by school corporation;
reimbursement
Sec. 3. (a) If a parent of a child or an emancipated minor who is
enrolled in a public school, in kindergarten or grades 1 through 12,
meets the financial eligibility standard under section 2 of this chapter,
the parent or the emancipated minor may not be required to pay the
fees for curricular materials, supplies, or other required class fees.
The fees shall be paid by the school corporation that the child attends.
(b) The school corporation may apply for a reimbursement under
section 7 of this chapter from the department of the costs incurred
under subsection (a).
(c) To the extent the reimbursement received by the school
corporation is less than the rental fee assessed for curricular
materials, the school corporation may request that the parent or
emancipated minor pay the balance of this amount.
As added by P.L.1-2005, SEC.17. Amended by P.L.73-2011, SEC.19;
P.L.286-2013, SEC.112.
IC 20-33-5-4
Application forms
Sec. 4. The department shall provide each school corporation with
sufficient application forms for assistance under this chapter. The
state board of accounts shall prescribe the forms to be used.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-5
Notice to parents
Sec. 5. All school corporations must give notice in nontechnical
language and in a manner that can be reasonably expected to reach
parents of students before the collection of any fees for schoolbooks
and supplies. This notice must inform the parents of the following:
(1) The availability of assistance.
(2) The eligibility standards.
(3) The procedure for obtaining assistance, including the right
and method of appeal.
(4) The availability of application forms at a designated school
office.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-6
Assistance in completion of forms; determination of financial
eligibility; appeal; hearing
Sec. 6. (a) All school corporations must give appropriate
application forms to parents who wish to apply for assistance under
this chapter. The school shall provide assistance to those applicants
who are unable to write or otherwise make a written application. The
parent shall submit the completed application to the school
corporation. The school corporation shall make a determination of
financial eligibility.
(b) If the school corporation makes a determination that the parent
is ineligible based on the information in the application, the school
corporation shall give the parent written reasons for the denial and
inform the parent of the right to request a hearing before the
governing body of the school corporation or the governing body's
designee. After the determination, the school corporation may bill the
parent for the student's fees, but the school corporation may not take
any legal action against the parent until the parent has had the
opportunity to make an appeal in a hearing before the governing body
of the school corporation or the governing body's designee. If the
parent pays the fees based on the school corporation's determination,
and after the appeal it is determined that the parent qualifies for
assistance, the school corporation shall reimburse the parent.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-7
Public schools; textbook assistance; state reimbursement
Sec. 7. (a) If a determination is made that the applicant is eligible
for assistance, the school corporation shall pay the cost of the
student's required fees.
(b) A school corporation shall receive a reimbursement from the
department for some or all of the costs incurred by a school
corporation during a school year in providing curricular materials
assistance to students who are eligible under section 2 of this chapter.
(c) To be guaranteed some level of reimbursement from the
department, the governing body of a school corporation shall request
the reimbursement before November 1 of a school year.
(d) In its request, the governing body shall certify to the
department:
(1) the number of students who are enrolled in that school
corporation and who are eligible for assistance under this
chapter;
(2) the costs incurred by the school corporation in providing:
(A) curricular materials (including curricular materials used
in special education and high ability classes) to these
students;
(B) workbooks, digital content, and consumable curricular
materials (including workbooks, consumable curricular
materials, and other consumable instructional materials that
are used in special education and high ability classes) that are
used by students for not more than one (1) school year; and
(C) instead of the purchase of curricular materials,
developmentally appropriate material for instruction in
kindergarten through the grade 3 level, laboratories, and
children's literature programs;
(3) that the curricular materials described in subdivision (2)(A)
(except curricular materials used in special education classes
and high ability classes) have been adopted by the governing
body; and
(4) any other information required by the department.
(e) Each school within a school corporation shall maintain
complete and accurate information concerning the number of students
determined to be eligible for assistance under this chapter. This
information shall be provided to the department upon request.
(f) Parents receiving other governmental assistance or aid that
considers educational needs in computing the entire amount of
assistance granted may not be denied assistance if the applicant's total
family income does not exceed the standards established by this
chapter.
(g) The amount of reimbursement that a school corporation is
entitled to receive shall be determined as provided in section 9.5 of
this chapter.
As added by P.L.1-2005, SEC.17. Amended by P.L.73-2011, SEC.20;
P.L.229-2011, SEC.192; P.L.286-2013, SEC.113.
IC 20-33-5-7.5
Estimate of students eligible for assistance
Sec. 7.5. (a) If a school corporation does not request
reimbursement under this chapter before April 1 of a particular
school year, the school corporation shall, before the following June
1 of that year, estimate and report to the department the percentage
of the school corporation's students who are enrolled in the school
corporation and are eligible for assistance under this chapter.
(b) The state board may adopt emergency rules in the manner
provided in IC 4-22-2-37.1 to implement this section.
As added by P.L.37-2014, SEC.1.
IC 20-33-5-8
Repealed
(Repealed by P.L.229-2011, SEC.275.)
IC 20-33-5-9
Nonpublic schools; textbook assistance; state reimbursement
Sec. 9. (a) If a parent of a child or an emancipated minor who is
enrolled in an accredited nonpublic school meets the financial
eligibility standard under section 2 of this chapter, the parent or the
emancipated minor may receive a reimbursement from the
department as provided in this chapter for the costs or some of the
costs incurred by the parent or emancipated minor in fees that are
reimbursable under section 7 of this chapter.
(b) The department shall provide each accredited nonpublic school
with sufficient application forms for assistance, prescribed by the
state board of accounts.
(c) Each accredited nonpublic school shall provide the parents or
emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application
to the accredited nonpublic school. The accredited nonpublic school
shall make a determination of financial eligibility subject to appeal
by the parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for
assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the
department, the principal or other designee shall submit the
reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the
department:
(1) the number of students who are enrolled in the accredited
nonpublic school and who are eligible for assistance under this
chapter;
(2) the costs incurred in providing:
(A) curricular materials (including curricular materials used
in special education and high ability classes); and
(B) workbooks, digital content, and consumable curricular
materials (including workbooks, consumable curricular
materials, and other consumable teaching materials that are
used in special education and high ability classes) that are
used by students for not more than one (1) school year;
(3) that the curricular materials described in subdivision (2)(A)
(except any curricular materials used in special education
classes and high ability classes) have been adopted by the
governing body; and
(4) any other information required by the department.
(h) The amount of reimbursement that a parent or emancipated
minor is entitled to receive shall be determined as provided in section
9.5 of this chapter.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) Section 7(f) of this chapter applies to parents or emancipated
minors as described in this section.
(k) The accredited nonpublic school and the department shall
maintain complete and accurate information concerning the number
of applicants determined to be eligible for assistance under this
section.
(l) The state board shall adopt rules under IC 4-22-2 to implement
this section.
As added by P.L.1-2005, SEC.17. Amended by P.L.42-2011, SEC.37;
P.L.73-2011, SEC.21; P.L.229-2011, SEC.193; P.L.286-2013,
SEC.114.
IC 20-33-5-9.5
Reimbursement formula
Sec. 9.5. (a) This section applies to reimbursements made under
this chapter in the state fiscal year beginning after June 30, 2013.
(b) The amount of reimbursement that a school corporation or an
accredited nonpublic school is entitled to receive under section 7 of
this chapter in a state fiscal year is equal to the amount determined in
the following STEPS:
STEP ONE: Determine the amount appropriated to make
reimbursements under this chapter for the state fiscal year.
STEP TWO: Determine the total number of eligible students for
which reimbursement was requested under either section 7 or 9
of this chapter before November 1 of the previous calendar year
by all school corporations and accredited nonpublic schools.
STEP THREE: Divide the result determined in STEP ONE by
the number determined in STEP TWO.
STEP FOUR: Multiply:
(A) the STEP THREE result; by
(B) the number of eligible students for which reimbursement
was requested under section 7 or 9 of this chapter before
November 1 of the state fiscal year by the school corporation
or the accredited nonpublic school.
As added by P.L.229-2011, SEC.194. Amended by P.L.205-2013,
SEC.258.
IC 20-33-5-10
Repealed
(Repealed by P.L.229-2011, SEC.275.)
IC 20-33-5-11
Failure of parent to pay fees
Sec. 11. (a) A school corporation may not:
(1) withhold curricular materials and supplies;
(2) require any special services from a child; or
(3) deny the child any benefit or privilege;
because the parent fails to pay required fees.
(b) Notwithstanding subsection (a), a school corporation may take
any action authorized by law to collect unpaid fees from parents who
are determined to be ineligible for assistance, including recovery of
reasonable attorney's fees and court costs in addition to a judgment
award against those parents.
As added by P.L.1-2005, SEC.17. Amended by P.L.286-2013,
SEC.115.
IC 20-33-5-12
Payment of fees for unqualified individuals
Sec. 12. Under extraordinary circumstances, the township trustee
may pay for the fees enumerated in section 3 of this chapter for
individuals who do not otherwise qualify under the financial
eligibility standard established in this chapter. Assistance in such
cases may be provided by the township trustee under IC 12-20.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-13
Shoes and clothing; financial assistance; clothing bank;
establishment by school corporation
Sec. 13. (a) Financial assistance for shoes and clothing shall be
provided directly by the township trustee under IC 12-20 to parents
who do not have sufficient means to furnish the shoes and clothing
needed by the children to attend school.
(b) A school corporation may establish a clothing bank to provide
for children's clothing needs on an emergency basis.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-14
School curricular material reimbursement contingency fund
Sec. 14. (a) The school curricular materials reimbursement
contingency fund is established to reimburse school corporations,
eligible parents of children who attend accredited nonpublic schools,
and emancipated minors who attend accredited nonpublic schools as
provided in section 9 of this chapter for assistance provided under
this chapter. The fund consists of money appropriated to the fund by
the general assembly. The state superintendent shall administer the
fund.
(b) The treasurer of state shall invest the money in the school
curricular materials reimbursement contingency fund not currently
needed to meet the obligations of the fund in the same manner as
other public funds may be invested.
As added by P.L.1-2005, SEC.17. Amended by P.L.286-2013,
SEC.116.
IC 20-33-5-15
Assistance in completion of twenty-first century scholars program
enrollment form
Sec. 15. (a) Each school corporation shall provide each student
who applies for free or reduced priced lunches under the national
school lunch program with an enrollment form for the twenty-first
century scholars program under IC 21-12-6.
(b) The department shall provide each school corporation with
sufficient application forms under this section.
(c) Each school shall give assistance in reading the instructions
and completing the enrollment forms for the twenty-first century
scholars program.
As added by P.L.9-2009, SEC.1.
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