CHAPTER 5. FINANCIAL ASSISTANCE FOR STUDENTS
IC 20-33-5
Chapter 5. Financial Assistance for Students
IC 20-33-5-1
Definitions; family income to be used to determine financialeligibility
Sec. 1. (a) As used in this chapter, "school corporation" includesa charter school.
(b) As used in this chapter, "governing body" includes theorganizer of a charter school.
(c) The maximum monthly or annual gross income available to afamily shall be used to determine financial eligibility for assistanceunder this chapter.
(d) In determining the eligibility of a seasonal worker forassistance under this chapter, an average shall be made of thefamily's income for the twelve (12) calendar months preceding thefirst 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 befollowed by applicants in order for them to qualify for assistanceunder this chapter. These procedures must include obtaininginformation needed by the family and social services administrationto determine if the recipient is a child who is a member of aqualifying family (as defined in IC 12-14-28-1), including thefamilial relationship of the child to the head of the household. Thefinancial eligibility standard for an applicant under this chapter mustbe the same criteria used for determining eligibility for receiving freeor 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 isenrolled in a public school, in kindergarten or grades 1 through 12,meets the financial eligibility standard under section 2 of thischapter, the parent or the emancipated minor may not be required topay the fees for school books, supplies, or other required class fees.The fees shall be paid by the school corporation that the childattends.
(b) The school corporation may apply for a reimbursement undersection 7 of this chapter from the department of the costs incurredunder subsection (a).
(c) To the extent the reimbursement received by the schoolcorporation is less than the textbook rental fee assessed for textbooksthat have been adopted under IC 20-20-5-1 through IC 20-20-5-4 orwaived under IC 20-26-12-28, 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.
IC 20-33-5-4
Application forms
Sec. 4. The department shall provide each school corporation withsufficient application forms for assistance under this chapter. Thestate 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 nontechnicallanguage and in a manner that can be reasonably expected to reachparents of students before the collection of any fees for schoolbooksand 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 rightand method of appeal.
(4) The availability of application forms at a designated schooloffice.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-6
Assistance in completion of forms; determination of financialeligibility; appeal; hearing
Sec. 6. (a) All school corporations must give appropriateapplication forms to parents who wish to apply for assistance underthis chapter. The school shall provide assistance to those applicantswho are unable to write or otherwise make a written application. Theparent shall submit the completed application to the schoolcorporation. The school corporation shall make a determination offinancial eligibility.
(b) If the school corporation makes a determination that the parentis ineligible based on the information in the application, the schoolcorporation shall give the parent written reasons for the denial andinform the parent of the right to request a hearing before thegoverning body of the school corporation or the governing body'sdesignee. After the determination, the school corporation may bill theparent for the student's fees, but the school corporation may not takeany legal action against the parent until the parent has had theopportunity to make an appeal in a hearing before the governingbody of the school corporation or the governing body's designee. Ifthe parent pays the fees based on the school corporation'sdetermination, and after the appeal it is determined that the parentqualifies for assistance, the school corporation shall reimburse theparent.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-7
Payment of fees by school corporation; reimbursement; record;denial of governmental assistance
Sec. 7. (a) If a determination is made that the applicant is eligiblefor assistance, the school corporation shall pay the cost of thestudent's required fees.
(b) A school corporation may receive a reimbursement from thedepartment for some or all of the costs incurred by a schoolcorporation during a school year in providing textbook assistance tostudents who are eligible under section 2 of this chapter.
(c) To be guaranteed some level of reimbursement from thedepartment, the governing body of a school corporation shall requestthe reimbursement before November 1 of a school year.
(d) In its request, the governing body shall certify to thedepartment:
(1) the number of students who are enrolled in that schoolcorporation and who are eligible for assistance under thischapter;
(2) the costs incurred by the school corporation in providing:
(A) textbooks (including textbooks used in special educationand high ability classes) to these students;
(B) workbooks and consumable textbooks (includingworkbooks, consumable textbooks, and other consumableinstructional materials that are used in special education andhigh ability classes) that are used by students for not morethan one (1) school year; and
(C) instead of the purchase of textbooks, developmentallyappropriate material for instruction in kindergarten throughthe grade 3 level, laboratories, and children's literatureprograms;
(3) that each textbook described in subdivision (2)(A) andincluded in the reimbursement request (except those textbooksused in special education classes and high ability classes) hasbeen adopted by the state board under IC 20-20-5-1 throughIC 20-20-5-4 or has been waived by the state board of educationunder IC 20-26-12-28;
(4) that the amount of reimbursement requested for eachtextbook under subdivision (3) does not exceed twenty percent(20%) of the costs incurred for the textbook, as provided in thetextbook adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for eachworkbook or consumable textbook (or other consumableinstructional material used in special education and high abilityclasses) under subdivision (2)(B), if applicable, does not exceedone hundred percent (100%) of the costs incurred for theworkbook or consumable textbook (or other consumableinstructional material used in special education and high abilityclasses);
(6) that the amount of reimbursement requested for eachtextbook used in special education and high ability classes is
amortized for the number of years in which the textbook isused;
(7) that the amount of reimbursement requested fordevelopmentally appropriate material is amortized for thenumber of years in which the material is used and does notexceed a total of one hundred percent (100%) of the costsincurred for the developmentally appropriate material; and
(8) any other information required by the department, includingcopies of purchase orders used to acquire consumableinstructional materials used in special education and high abilityclasses and developmentally appropriate material.
(e) Each school within a school corporation shall maintaincomplete and accurate information concerning the number ofstudents determined to be eligible for assistance under this chapter.This information shall be provided to the department upon request.
(f) If the amount of reimbursement requested before November 1of a particular year exceeds the amount of money appropriated to thedepartment for this purpose, the department shall proportionatelyreduce the amount of reimbursement to each school corporation.
(g) A school corporation may submit a supplementalreimbursement request under section 8 of this chapter. The schoolcorporation is entitled to receive a supplemental reimbursement onlyif there are funds available. The department shall proportionatelyreduce the amount of supplemental reimbursement to each schoolcorporation if the total amount requested exceeds the amount ofmoney available to the department for this purpose. In the case of asupplemental reimbursement, the provisions in this section apply,except that section 8 of this chapter applies to the making of thesupplemental request by the governing body of the schoolcorporation.
(h) Parents receiving other governmental assistance or aid thatconsiders educational needs in computing the entire amount ofassistance granted may not be denied assistance if the applicant'stotal family income does not exceed the standards established by thischapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-8
Supplemental request for reimbursement for costs incurred inproviding textbook assistance
Sec. 8. (a) The governing body of a school corporation may makea supplemental request for reimbursement from the department afterApril 1 but before May 1 of a school year for some or all of theadditional costs incurred by the school corporation in providingtextbook assistance to the number of additional eligible children whoenroll in the school corporation after the initial request forreimbursement is filed under section 7(c) of this chapter.
(b) In its supplemental request, the governing body must certifyto the department the following:
(1) The number of additional students who enroll in the school
corporation as described in subsection (a).
(2) The additional costs incurred by the school corporation inproviding the materials described in section 7(d)(2) of thischapter pertaining to the number of additional students.
(3) The same information as described in section 7(d)(3)through 7(d)(7) of this chapter as pertaining to the numbers ofadditional students.
(c) This section applies only if there are funds available. Thesupplemental distributions shall be made by the department inaccordance with section 7(g) of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-9
Nonpublic schools; reimbursement to parent or student; procedure
Sec. 9. (a) If a parent of a child or an emancipated minor who isenrolled in an accredited nonpublic school meets the financialeligibility standard under section 2 of this chapter, the parent or theemancipated minor may receive a reimbursement from thedepartment as provided in this chapter for the costs or some of thecosts incurred by the parent or emancipated minor in fees that arereimbursable under section 7 of this chapter. The extent to which thefees are reimbursable under this section may not exceed thepercentage rates of reimbursement under section 7 of this chapter. Inaddition, if a child enrolls in an accredited nonpublic school after theinitial request for reimbursement is filed under subsection (d), theparent of the child or the emancipated minor who meets the financialeligibility standard may receive a reimbursement from thedepartment for the costs or some of the costs incurred in fees that arereimbursable under section 7 of this chapter by applying to theaccredited nonpublic school for assistance. In this case, this sectionapplies. However, section 10 of this chapter applies to the making ofthe supplemental request for reimbursement by the principal or otherdesignee of the accredited nonpublic school.
(b) The department shall provide each accredited nonpublicschool with sufficient application forms for assistance, prescribed bythe state board of accounts.
(c) Each accredited nonpublic school shall provide the parents oremancipated 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 applicationto the accredited nonpublic school. The accredited nonpublic schoolshall make a determination of financial eligibility subject to appealby the parent or emancipated minor.
(e) If a determination is made that the applicant is eligible forassistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from thedepartment, the principal or other designee shall submit thereimbursement 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 accreditednonpublic school and who are eligible for assistance under thischapter;
(2) the costs incurred in providing:
(A) textbooks (including textbooks used in special educationand high ability classes); and
(B) workbooks and consumable textbooks (includingworkbooks, consumable textbooks, and other consumableteaching materials that are used in special education andhigh ability classes) that are used by students for not morethan one (1) school year;
(3) that each textbook described in subdivision (2)(A) andincluded in the reimbursement request (except those textbooksused in special education classes and high ability classes) hasbeen adopted by the state board under IC 20-20-5-1 through20-20-5-4 or has been waived by the state board of educationunder IC 20-26-12-28;
(4) that the amount of reimbursement requested for eachtextbook under subdivision (3) does not exceed twenty percent(20%) of the costs incurred for the textbook, as provided in thetextbook adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for eachworkbook or consumable textbook (or other consumableteaching material used in special education and high abilityclasses) under subdivision (2)(B), if applicable, does not exceedone hundred percent (100%) of the costs incurred for theworkbook or consumable textbook (or other consumableteaching material used in special education and high abilityclasses);
(6) that the amount of reimbursement requested for eachtextbook used in special education and high ability classes isamortized for the number of years in which the textbook isused; and
(7) any other information required by the department, includingcopies of purchase orders used to acquire consumable teachingmaterials used in special education and high ability classes.
(h) If the amount of reimbursement requested before November1 of a particular school year exceeds the amount of moneyappropriated to the department for this purpose, the department shallproportionately reduce the amount of reimbursement to eachaccredited nonpublic school. An accredited nonpublic school maysubmit a supplemental reimbursement request under section 10 ofthis chapter. The parent or emancipated minor is entitled to receivea supplemental reimbursement only if funds are available. Thedepartment shall proportionately reduce the amount of supplementalreimbursement to the accredited nonpublic schools if the amountrequested exceeds the amount of money available to the departmentfor this purpose.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents oremancipated minors.
(j) Section 7(h) of this chapter applies to parents or emancipatedminors as described in this section.
(k) The accredited nonpublic school and the department shallmaintain complete and accurate information concerning the numberof applicants determined to be eligible for assistance under thissection.
(l) The state board shall adopt rules under IC 4-22-2 to implementthis section.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-10
Supplemental request for reimbursement for costs; feesreimbursable by parent for child enrolled in accredited nonpublicschool
Sec. 10. (a) The principal or other designee of an accreditednonpublic school may make a supplemental request forreimbursement from the department after April 1 but before May 1of a school year for some or all of the additional costs incurred infees that are reimbursable under section 7 of this chapter by theparent of a child or emancipated minor who enrolls in the accreditednonpublic school after the initial request for reimbursement is filedunder section 9(f) of this chapter.
(b) In its supplemental request, the principal or other designeemust certify to the department the following:
(1) The number of additional students who enrolled in theaccredited nonpublic school as described in subsection (a).
(2) The costs incurred in providing the materials described insection 9(g)(2) of this chapter pertaining to the number ofadditional students.
(3) The same information as described in section 9(g)(3)through 9(g)(7) of this chapter as pertaining to the number ofadditional students.
(c) This section applies only if there are funds available. Thesesupplemental distributions shall be made by the department inaccordance with section 9(h) of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-11
Failure of parent to pay fees
Sec. 11. (a) A school corporation may not:
(1) withhold school books 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 takeany action authorized by law to collect unpaid fees from parents whoare determined to be ineligible for assistance, including recovery ofreasonable attorney's fees and court costs in addition to a judgment
award against those parents.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-12
Payment of fees for unqualified individuals
Sec. 12. Under extraordinary circumstances, the township trusteemay pay for the fees enumerated in section 3 of this chapter forindividuals who do not otherwise qualify under the financialeligibility standard established in this chapter. Assistance in suchcases 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 beprovided directly by the township trustee under IC 12-20 to parentswho do not have sufficient means to furnish the shoes and clothingneeded by the children to attend school.
(b) A school corporation may establish a clothing bank to providefor children's clothing needs on an emergency basis.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-14
School textbook reimbursement contingency fund
Sec. 14. (a) The school textbook reimbursement contingency fundis established to reimburse school corporations, eligible parents ofchildren who attend accredited nonpublic schools, and emancipatedminors who attend accredited nonpublic schools as provided insection 9 of this chapter for assistance provided under this chapter.The fund consists of money appropriated to the fund by the generalassembly. The state superintendent shall administer the fund.
(b) The treasurer of state shall invest the money in the schooltextbook reimbursement contingency fund not currently needed tomeet the obligations of the fund in the same manner as other publicfunds may be invested.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-15
Assistance in completion of twenty-first century scholars programenrollment form
Sec. 15. (a) Each school corporation shall provide each studentwho applies for free or reduced priced lunches under the nationalschool lunch program with an enrollment form for the twenty-firstcentury scholars program under IC 21-12-6.
(b) The department shall provide each school corporation withsufficient application forms under this section.
(c) Each school shall give assistance in reading the instructionsand completing the enrollment forms for the twenty-first centuryscholars program.As added by P.L.9-2009, SEC.1.