CHAPTER 16. SCHOOL FUND TRANSFERS

IC 20-40-16
    Chapter 16. School Fund Transfers

IC 20-40-16-1
"Capital projects fund levy"
    Sec. 1. As used in this chapter, "capital projects fund levy", withrespect to a particular school corporation, means the maximum levythat the school corporation could impose in calendar year 2010 underIC 20-46-6-5 for the school corporation's capital projects fund.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-2
"Wage and salary increase"
    Sec. 2. As used in this chapter, "wage and salary increase" meansan increase in wages or salaries payable for the same or a similarposition after subtracting, for all employees, any of the followingreceived by the individual:
        (1) An increase in wages or salary of an employee from anincrement under IC 20-28-9-2 bargained for under a writtencontract signed before March 1, 2010, that has not expired.
        (2) An increase in wages or salary of an employee from anincrement under IC 20-28-9-2 that does not exceed theincrement permitted under an increment schedule in effectduring the previous year under a written contract in effect forthe previous year or under the status quo provisions inIC 20-29-9-16. However, the increment may not exceed twopercent (2%) of the wages and salary of the employee in theprevious year.
        (3) An increase in wages or salary that is paid to an employeeas a result of the employee completing licensing requirements.
        (4) Health care benefit cost increases for the same or anequivalent plan that are shared by the employee and theemployer in the same proportion as health care benefit costs areshared in the previous year.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-3
Limitations; increases in increment schedules and fringe benefits
    Sec. 3. No funds transferred under this chapter may be used toincrease an increment schedule from an existing incrementagreement or to increase fringe benefits except those under section2(4) of this chapter.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-4
Authorization to transfer money between funds
    Sec. 4. Notwithstanding any other law except this chapter, aschool corporation may transfer money during the 2010-2011 schoolyear to one (1) or more funds held by the school corporation for thepurposes of the funds from any fund held by the school corporation

other than a debt service fund or a racial balance fund.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-5
Last date to make transfer
    Sec. 5. A transfer is not permitted under this chapter after June 30,2011.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-6
Use of transferred money for instructional programs
    Sec. 6. Money transferred under this chapter must be used topreserve and protect instructional programs.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-7
Resolution requirement
    Sec. 7. A transfer under this chapter must be authorized by aresolution adopted by the school corporation's governing body.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-8
Maximum amount of transfers
    Sec. 8. The total amount that may be transferred under section 4of this chapter in the 2010-2011 school year may not exceed anamount equal to:
        (1) five percent (5%) of the school corporation's capital projectsfund levy, if the governing body does not comply with section9 of this chapter; and
        (2) ten percent (10%) of the school corporation's capitalprojects fund levy, if the governing body complies with section9 of this chapter.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-9
Certification of freeze on wage and salary increases
    Sec. 9. To authorize, in the aggregate, transfers exceeding fivepercent (5%) of the school corporation's capital projects fund levy,a governing body must include in the authorizing resolution acertification that the employees of the school corporation will notreceive a general wage and salary increase for the 2010-2011 schoolyear. The resolution must be submitted to the department.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-10
Report to department of education
    Sec. 10. If a transfer is made under this chapter during the2010-2011 school year, the school corporation shall file a report withthe department before October 1, 2011. The report must include thefollowing:        (1) The purpose of the transfer.
        (2) The funds involved in the transfer.
        (3) The amount transferred between the funds.
        (4) The impact of the transfer to the programs that are supportedby the fund from which the transfer was made.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-11
Authorization to change collective bargaining agreement
    Sec. 11. Notwithstanding any other law (including IC 20-28-9),the governing body of a school corporation and an exclusiverepresentative may mutually agree to forego any wage or salaryincreases that would otherwise be required under IC 20-28-9 for the2010-2011 school year.
As added by P.L.109-2010, SEC.4.

IC 20-40-16-12
Expiration
    Sec. 12. This chapter expires October 1, 2011.
As added by P.L.109-2010, SEC.4.