CHAPTER 12. TEXTBOOKS
IC 20-26-12
Chapter 12. Textbooks
IC 20-26-12-1
Mandatory purchase and rental; public school students
Sec. 1. (a) Except as provided in subsections (b) and (c) andnotwithstanding any other law, each governing body shall purchasefrom a contracting publisher, at a price equal to or less than the netcontract price, the textbooks adopted by the state board and selectedby the proper local officials, and shall rent these textbooks to eachstudent enrolled in a public school that is:
(1) in compliance with the minimum certification standards ofthe board; and
(2) located within the attendance unit served by the governingbody.
(b) This section does not prohibit the purchase of textbooks at theoption of a student or the providing of free textbooks by thegoverning body under sections 6 through 21 of this chapter.
(c) This section does not prohibit a governing body fromsuspending the operation of this section under a contract entered intounder IC 20-26-15.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-2
Purchase and rental; rental fee; limitations
Sec. 2. (a) A governing body may purchase from a contractingpublisher, at a price equal to or less than the net contract price, anytextbook adopted by the state board and selected by the proper localofficials. The governing body may rent these textbooks to studentsenrolled in any public or nonpublic school that is:
(1) in compliance with the minimum certification standards ofthe state board; and
(2) located within the attendance unit served by the governingbody.
The annual rental rate may not exceed twenty-five percent (25%) ofthe retail price of the textbooks.
(b) Notwithstanding subsection (a), the governing body may notassess a rental fee of more than fifteen percent (15%) of the retailprice of a textbook that has been:
(1) adopted for usage by students under IC 20-20-5;
(2) extended for usage by students under IC 20-20-5-2; and
(3) paid for through rental fees previously collected.
(c) This section does not limit other laws.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-3
Obsolete textbooks; conveyance; distribution to parents orresidents; storage
Sec. 3. (a) Upon a written determination by the governing body ofa school corporation that a textbook is no longer scheduled for use
in the school corporation, the governing body may sell, exchange,transfer, or otherwise convey the textbook. However, before agoverning body may mutilate or otherwise destroy a textbook, thegoverning body must first comply with the following provisions:
(1) Subsection (b).
(2) Subsection (c).
(3) Section 4 of this chapter.
(4) Section 5 of this chapter.
(b) Before a governing body may mutilate or otherwise destroy atextbook, the governing body shall provide at no cost and subject toavailability one (1) copy of each textbook that is no longer scheduledfor use in the school corporation to:
(1) the parent of each student who is enrolled in the schoolcorporation and who wishes to receive a copy of the textbook;and
(2) if any textbooks remain after distribution under subdivision(1), to any resident of the school corporation who wishes toreceive a copy of the textbook.
(c) If a governing body does not sell, exchange, transfer, orotherwise convey unused textbooks under subsection (a) or (b), eachpublic elementary and secondary school in the governing body'sschool corporation shall provide storage for at least three (3) monthsfor the textbooks in the school corporation. A school corporationmay sell or otherwise convey the textbooks to another schoolcorporation at any time during the period of storage.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-4
State master list; textbook requests
Sec. 4. (a) A school corporation shall compile a list of textbooksin storage under section 3 of this chapter. The list must include thenames of the publishers and the number of volumes being stored. Thelist must be mailed to the department. The department shall maintaina master list of all textbooks being stored by school corporations.
(b) Upon request, the state superintendent shall mail to a nonprofitcorporation or institution located in Indiana a list of textbooksavailable for access. A nonprofit corporation or institution mayacquire the textbooks from the appropriate school corporation bypaying only the cost of shipping and mailing.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-5
Disposal of obsolete textbooks
Sec. 5. Textbooks stored for at least three (3) months undersection 3 of this chapter may not be mutilated or destroyed and mustbe maintained and stored according to regulations prescribed by localand state health authorities. Textbooks that have not been requestedafter at least three (3) months may be mutilated, destroyed, orotherwise disposed of by the school corporation.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-6
Free textbooks; elementary and high school libraries; "residentstudent"
Sec. 6. (a) Sections 7 through 21 of this chapter apply toelementary and high school libraries that contain free textbooks. Thetextbooks must be adopted by the board and selected by the properlocal officials.
(b) As used in sections 6 through 21 of this chapter, "residentstudent" means a student enrolled in any of the grades in any schoollocated in a school corporation, whether the student resides there oris transferred there for school purposes.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-7
Free textbooks; voters' petition
Sec. 7. (a) If a petition requesting the establishment of anelementary school library is filed with a governing body, thegoverning body shall provide a library containing textbooks insufficient numbers to meet the needs of every resident student ineach of the eight (8) grades of each elementary school. The petitionmust be signed by at least fifty-one percent (51%) of the registeredvoters of the governing body's school corporation.
(b) This subsection applies to a governing body that hasestablished an elementary school library under subsection (a). If apetition requesting establishment of a high school library is filed withthe governing body, the governing body shall provide a librarycontaining textbooks in sufficient numbers to meet the needs of everyresident student in each of the four (4) grades of each high school.The petition must be signed by at least twenty percent (20%) of thevoters of the school corporation as determined by the total vote castat the last general election for the trustee of the township, clerk of thetown, or mayor of the city.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-8
Form of petition
Sec. 8. A petition for an elementary or a high school library undersection 7 of this chapter must be in substantially the following form:
To the governing body of the school corporation of ___________
We, the undersigned voters of the school corporation of _______respectfully petition the governing body of the school corporation of_______ to establish an elementary school (or high school, asappropriate) library and to lend its school textbooks free of charge tothe resident students of the school corporation of _____________,under IC 20-26-12.
NAME ADDRESS DATE
_________ _________ _________
_________ _________ _________
STATE OF INDIANA )
) SS:___________ COUNTY )
_____________ being duly sworn, deposes and says that he or sheis the circulator of this petition paper and that the appendedsignatures were made in his or her presence and are the genuinesignatures of the persons whose names they purport to be.
Signed _____________
Subscribed and sworn to before me this ____ day of ___________,20 __.
_____________
Notary Public
As added by P.L.1-2005, SEC.10.
IC 20-26-12-9
Petition signatures
Sec. 9. The signatures to each petition may be appended to one (1)petition paper. An affidavit of the circulator must be attached to eachpetition paper. The affidavit must state that each signature was madein the circulator's presence and is the genuine signature of the personwhose name it purports to be. Each signature must be made in ink orindelible pencil. Each signer shall state the signer's name, the signer'sresidence by street and number, or any other description sufficient toidentify the place and the date of the signing.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-10
Qualified petitioner
Sec. 10. A person who signs a petition under this chapter must beregistered to vote in the precinct in which the person resides to bequalified to sign and to have the signature count.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-11
Petition filing
Sec. 11. All petition papers requesting the establishment of alibrary under this chapter must be assembled and filed as one (1)instrument before July 2.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-12
Examination of petitions; employment of clerks
Sec. 12. (a) A governing body shall examine petition papers filedunder section 11 of this chapter and shall have the names checkedagainst the voter registration records in the county in which thegoverning body's school corporation is located.
(b) A governing body may employ clerks to check voterregistration records under this section. The governing body may paythese expenses from the school corporation's general fund without aspecific appropriation.
(c) A clerk employed under subsection (b) shall take an oath toperform honestly and faithfully. The clerk is entitled to daily
compensation of not more than three dollars ($3) for this work.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-13
Duty of school corporation
Sec. 13. If a sufficient petition is filed under section 11 of thischapter, a governing body shall note on the records of the governingbody's school corporation that by filing the petition the schoolcorporation must maintain:
(1) an elementary school library containing textbooks insufficient numbers to meet the needs of every resident studentin each of the first eight (8) grades of each elementary schoollocated within the school corporation; or
(2) a high school library containing textbooks in sufficientnumbers to meet the needs of every resident student in each ofthe four (4) grades of each high school located within theschool corporation;
as applicable.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-14
Appropriation by governing body
Sec. 14. (a) This subsection applies to a school corporationdescribed in section 13(1) of this chapter. The governing body shallmake the first appropriation from the school corporation's generalfund in August following the petition's filing. Not later than theschool term following the first appropriation, the library must beestablished and textbooks must be loaned to resident studentsenrolled in the first five (5) grades of the elementary school. Notlater than the second school term following the first appropriation,textbooks must be procured and loaned to resident students enrolledin the eight (8) grades of the elementary school.
(b) This subsection applies to a school corporation described insection 13(2) of this chapter. The governing body shall make the firstappropriation from the school corporation's general fund inSeptember following the petition's filing. Not later than the secondschool term following the first appropriation, the library must beestablished and textbooks of the library must be loaned to residentstudents enrolled in grade nine of the high school. During eachfollowing school term, textbooks must be procured and loaned toresident students for an additional high school grade, in addition tothe earlier high school grades.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-15
Purchase of textbooks
Sec. 15. (a) A governing body shall requisition the necessarytextbooks from the contracting publishers approved by the stateboard. The contracting publisher shall ship the textbooks to thegoverning body not more than ninety (90) days after the requisition.
On receipt of the textbooks, the governing body's school corporationhas custody of the textbooks. The governing body shall provide areceipt to the contracting publisher and reimburse the contractingpublisher the amount owed by the school corporation from the schoolcorporation's general fund.
(b) A governing body shall purchase textbooks:
(1) from a resident student who presents the textbooks for saleon or before the beginning of the school term in which thebooks are to be used;
(2) with money from the school corporation's general fund;and
(3) at a price based on the original price to the schoolcorporation minus a reasonable reduction for damage fromusage.
As added by P.L.1-2005, SEC.10. Amended by P.L.231-2005,SEC.34.
IC 20-26-12-16
Availability of free textbooks
Sec. 16. Upon receipt of the textbooks, a governing body shall loanthe textbooks at no charge to each resident student. Library textbooksare available to each resident student under this chapter and underregulations prescribed by the superintendent and governing body ofthe school corporation.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-17
Textbooks for transferred students
Sec. 17. (a) If a student transfers to a school corporation other thanthe one in which the student resides under IC 20-26-11, thegoverning body of the school corporation to which the studenttransfers shall purchase a sufficient supply of books for thetransferred student.
(b) In the annual settlement between the school corporations fortuition of transferred students, the amounts must include rental of thebooks furnished to the transferred students. The state board shalldetermine the rental rate.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-18
Sale of textbooks
Sec. 18. A governing body may provide a sufficient number oftextbooks for sale to resident students at the price stipulated in thecontracts under which the textbooks are supplied to the governingbody's school corporation. Proceeds from sales under this sectionmust be paid into the school corporation's general fund.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-19
Facilities for textbooks Sec. 19. A governing body shall provide sufficient library facilitiesfor the textbooks to best accommodate the resident students.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-20
Care of textbooks
Sec. 20. A governing body shall prescribe reasonable rules andregulations for the care, custody, and return of library textbooks. Aresident student using library textbooks is responsible for the loss,mutilation, or defacement of the library textbooks, other thanreasonable wear.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-21
Fumigation or destruction of textbooks; distribution to parents orresidents
Sec. 21. A governing body shall provide for the fumigation ordestruction of library textbooks at the times and under regulationsprescribed by local and state health authorities. Before a governingbody may mutilate or otherwise destroy a textbook, the governingbody shall provide at no cost and subject to availability one (1) copyof each textbook that is no longer scheduled for use in the schoolcorporation to:
(1) the parent of each child who is enrolled in the schoolcorporation and who wishes to receive a copy of the textbook;and
(2) if any textbooks remain after distribution undersubdivision (1), to any resident of the school corporation whowishes to receive a copy of the textbook.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-22
Time basis purchase of textbooks
Sec. 22. If a school corporation purchases textbooks on a timebasis:
(1) the schedule for payments shall coincide with studentpayments to the school corporation for textbook rental; and
(2) the schedule must not require the school corporation toassume a greater burden than payment of twenty-five percent(25%) within thirty (30) days after the beginning of the schoolyear immediately following delivery by the contractingpublisher with the school corporation's promissory noteevidencing the unpaid balance.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-23
Borrowing to purchase textbooks
Sec. 23. (a) A school corporation may:
(1) borrow money to buy textbooks; and
(2) issue notes, maturing serially in not more than six (6) years
and payable from its general fund, to secure the loan.
However, when an adoption is made by the state board for less thansix (6) years, the period for which the notes may be issued is limitedto the period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may notborrow money to purchase textbooks unless a petition requestingsuch an action and bearing the signatures of twenty-five percent(25%) of the resident taxpayers of the school township has beenpresented to and approved by the township trustee and townshipboard.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-24
Local textbook adoption
Sec. 24. (a) The superintendent shall establish procedures fortextbook adoption. The procedures must include the involvement ofteachers and parents on an advisory committee for the preparation ofrecommendations for textbook adoptions. The majority of themembers of the advisory committee must be teachers, and at leastforty percent (40%) of the committee must be parents. Theserecommendations shall be submitted to the superintendent inaccordance with the established procedures in the local schoolcorporation.
(b) The governing body, upon receiving these recommendationsfrom the superintendent, shall adopt from the state textbook adoptionlists a textbook for use in teaching each subject in the schoolcorporation.
(c) A special committee of teachers and parents may also beappointed to review books, magazines, and audiovisual material usedor proposed for use in the classroom to supplement state adoptedtextbooks and may make recommendations to the superintendent andthe governing body concerning the use of this material.
(d) A textbook selected shall be used for the lesser of:
(1) six (6) years; or
(2) the effective period of the state board's adoption of thattextbook.
(e) A selection may be extended beyond that period for up to six(6) years if the governing body is granted a waiver under section 28of this chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-25
Report of local textbook adoption
Sec. 25. (a) After a local superintendent has selected textbooksunder this chapter, and not later than July 1, when new contractsbecome effective, the superintendent shall forward to the state boarda list of those selections for all subjects and grades.
(b) The state board shall:
(1) examine the lists forwarded under subsection (a); and
(2) if the state board finds a deviation from the state adopted
list and a waiver has not been granted under section 28 of thischapter, notify the local superintendent of the deviation.
If the school corporation does not comply with this chapter withinthirty (30) days after receiving the notification, the state board shallcancel the accreditation of the offending schools.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-26
Mandatory offer to purchase textbooks
Sec. 26. If a family moves during the school term from one (1)school corporation to another within the state, the corporation fromwhich they move shall:
(1) evaluate the affected children's textbooks; and
(2) offer to purchase the textbooks at a reasonable price forresale to any family that moves into that corporation during aschool term.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-27
Maximum price for textbooks
Sec. 27. It is unlawful for a person, firm, or school corporation tosell selected textbooks at a price exceeding one hundred twentypercent (120%) of the net price submitted to the state board. Theperson, firm, or school corporation shall pay all transportationcharges.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-28
Waiver of adoption requirements
Sec. 28. (a) After giving the advisory committee under section 24of this chapter an opportunity to give its recommendation, thegoverning body may request a waiver from the adoptionrequirements of this chapter if the governing body believes that theeducational needs of the students attending the school corporationcan best be served by:
(1) not adopting a textbook; or
(2) adopting a textbook that has not been adopted by the stateboard under this chapter.
(b) A request for a waiver must be submitted on a form approvedby the state board before June 1 of the year preceding the first schoolyear for which the waiver is to apply.
(c) The state board shall grant the waiver if it determines that therequest is reasonable.
As added by P.L.1-2005, SEC.10.