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) and
notwithstanding any other law, each governing body shall purchase
from a contracting publisher, at a price equal to or less than the net
contract price, the textbooks adopted by the state board and selected
by the proper local officials, and shall rent these textbooks to each
student enrolled in a public school that is:
(1) in compliance with the minimum certification standards of
the board; and
(2) located within the attendance unit served by the governing
body.
(b) This section does not prohibit the purchase of textbooks at the
option of a student or the providing of free textbooks by the
governing body under sections 6 through 21 of this chapter.
(c) This section does not prohibit a governing body from
suspending the operation of this section under a contract entered into
under 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 contracting
publisher, at a price equal to or less than the net contract price, any
textbook adopted by the state board and selected by the proper local
officials. The governing body may rent these textbooks to students
enrolled in any public or nonpublic school that is:
(1) in compliance with the minimum certification standards of
the state board; and
(2) located within the attendance unit served by the governing
body.
The annual rental rate may not exceed twenty-five percent (25%) of
the retail price of the textbooks.
(b) Notwithstanding subsection (a), the governing body may not
assess a rental fee of more than fifteen percent (15%) of the retail
price 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 or
residents; storage
Sec. 3. (a) Upon a written determination by the governing body of
a 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 a
governing body may mutilate or otherwise destroy a textbook, the
governing 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 a
textbook, the governing body shall provide at no cost and subject to
availability one (1) copy of each textbook that is no longer scheduled
for use in the school corporation to:
(1) the parent of each student who is enrolled in the school
corporation 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 to
receive a copy of the textbook.
(c) If a governing body does not sell, exchange, transfer, or
otherwise convey unused textbooks under subsection (a) or (b), each
public elementary and secondary school in the governing body's
school corporation shall provide storage for at least three (3) months
for the textbooks in the school corporation. A school corporation
may sell or otherwise convey the textbooks to another school
corporation 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 textbooks
in storage under section 3 of this chapter. The list must include the
names of the publishers and the number of volumes being stored. The
list must be mailed to the department. The department shall maintain
a master list of all textbooks being stored by school corporations.
(b) Upon request, the state superintendent shall mail to a nonprofit
corporation or institution located in Indiana a list of textbooks
available for access. A nonprofit corporation or institution may
acquire the textbooks from the appropriate school corporation by
paying 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 under
section 3 of this chapter may not be mutilated or destroyed and must
be maintained and stored according to regulations prescribed by local
and state health authorities. Textbooks that have not been requested
after at least three (3) months may be mutilated, destroyed, or
otherwise 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; "resident
student"
Sec. 6. (a) Sections 7 through 21 of this chapter apply to
elementary and high school libraries that contain free textbooks. The
textbooks must be adopted by the board and selected by the proper
local officials.
(b) As used in sections 6 through 21 of this chapter, "resident
student" means a student enrolled in any of the grades in any school
located in a school corporation, whether the student resides there or
is 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 an
elementary school library is filed with a governing body, the
governing body shall provide a library containing textbooks in
sufficient numbers to meet the needs of every resident student in
each of the eight (8) grades of each elementary school. The petition
must be signed by at least fifty-one percent (51%) of the registered
voters of the governing body's school corporation.
(b) This subsection applies to a governing body that has
established an elementary school library under subsection (a). If a
petition requesting establishment of a high school library is filed with
the governing body, the governing body shall provide a library
containing textbooks in sufficient numbers to meet the needs of every
resident student in each of the four (4) grades of each high school.
The petition must be signed by at least twenty percent (20%) of the
voters of the school corporation as determined by the total vote cast
at the last general election for the trustee of the township, clerk of the
town, 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 under
section 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, as
appropriate) library and to lend its school textbooks free of charge to
the 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 she
is the circulator of this petition paper and that the appended
signatures were made in his or her presence and are the genuine
signatures 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 each
petition paper. The affidavit must state that each signature was made
in the circulator's presence and is the genuine signature of the person
whose name it purports to be. Each signature must be made in ink or
indelible pencil. Each signer shall state the signer's name, the signer's
residence by street and number, or any other description sufficient to
identify 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 be
registered to vote in the precinct in which the person resides to be
qualified 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 a
library 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 filed
under section 11 of this chapter and shall have the names checked
against the voter registration records in the county in which the
governing body's school corporation is located.
(b) A governing body may employ clerks to check voter
registration records under this section. The governing body may pay
these expenses from the school corporation's general fund without a
specific appropriation.
(c) A clerk employed under subsection (b) shall take an oath to
perform 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 this
chapter, a governing body shall note on the records of the governing
body's school corporation that by filing the petition the school
corporation must maintain:
(1) an elementary school library containing textbooks in
sufficient numbers to meet the needs of every resident student
in each of the first eight (8) grades of each elementary school
located within the school corporation; or
(2) a high school library containing textbooks in sufficient
numbers to meet the needs of every resident student in each of
the four (4) grades of each high school located within the
school 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 corporation
described in section 13(1) of this chapter. The governing body shall
make the first appropriation from the school corporation's general
fund in August following the petition's filing. Not later than the
school term following the first appropriation, the library must be
established and textbooks must be loaned to resident students
enrolled in the first five (5) grades of the elementary school. Not
later than the second school term following the first appropriation,
textbooks must be procured and loaned to resident students enrolled
in the eight (8) grades of the elementary school.
(b) This subsection applies to a school corporation described in
section 13(2) of this chapter. The governing body shall make the first
appropriation from the school corporation's general fund in
September following the petition's filing. Not later than the second
school term following the first appropriation, the library must be
established and textbooks of the library must be loaned to resident
students enrolled in grade nine of the high school. During each
following school term, textbooks must be procured and loaned to
resident students for an additional high school grade, in addition to
the 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 necessary
textbooks from the contracting publishers approved by the state
board. The contracting publisher shall ship the textbooks to the
governing body not more than ninety (90) days after the requisition.
On receipt of the textbooks, the governing body's school corporation
has custody of the textbooks. The governing body shall provide a
receipt to the contracting publisher and reimburse the contracting
publisher the amount owed by the school corporation from the school
corporation's general fund.
(b) A governing body shall purchase textbooks:
(1) from a resident student who presents the textbooks for sale
on or before the beginning of the school term in which the
books 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 school
corporation minus a reasonable reduction for damage from
usage.
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 loan
the textbooks at no charge to each resident student. Library textbooks
are available to each resident student under this chapter and under
regulations prescribed by the superintendent and governing body of
the 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 than
the one in which the student resides under IC 20-26-11, the
governing body of the school corporation to which the student
transfers shall purchase a sufficient supply of books for the
transferred student.
(b) In the annual settlement between the school corporations for
tuition of transferred students, the amounts must include rental of the
books furnished to the transferred students. The state board shall
determine 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 of
textbooks for sale to resident students at the price stipulated in the
contracts under which the textbooks are supplied to the governing
body's school corporation. Proceeds from sales under this section
must 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 facilities
for 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 and
regulations for the care, custody, and return of library textbooks. A
resident student using library textbooks is responsible for the loss,
mutilation, or defacement of the library textbooks, other than
reasonable wear.
As added by P.L.1-2005, SEC.10.
IC 20-26-12-21
Fumigation or destruction of textbooks; distribution to parents or
residents
Sec. 21. A governing body shall provide for the fumigation or
destruction of library textbooks at the times and under regulations
prescribed by local and state health authorities. Before a governing
body may mutilate or otherwise destroy a textbook, the governing
body shall provide at no cost and subject to availability one (1) copy
of each textbook that is no longer scheduled for use in the school
corporation to:
(1) the parent of each child who is enrolled in the school
corporation 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 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 time
basis:
(1) the schedule for payments shall coincide with student
payments to the school corporation for textbook rental; and
(2) the schedule must not require the school corporation to
assume a greater burden than payment of twenty-five percent
(25%) within thirty (30) days after the beginning of the school
year immediately following delivery by the contracting
publisher with the school corporation's promissory note
evidencing 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 than
six (6) years, the period for which the notes may be issued is limited
to the period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may not
borrow money to purchase textbooks unless a petition requesting
such an action and bearing the signatures of twenty-five percent
(25%) of the resident taxpayers of the school township has been
presented to and approved by the township trustee and township
board.
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 for
textbook adoption. The procedures must include the involvement of
teachers and parents on an advisory committee for the preparation of
recommendations for textbook adoptions. The majority of the
members of the advisory committee must be teachers, and at least
forty percent (40%) of the committee must be parents. These
recommendations shall be submitted to the superintendent in
accordance with the established procedures in the local school
corporation.
(b) The governing body, upon receiving these recommendations
from the superintendent, shall adopt from the state textbook adoption
lists a textbook for use in teaching each subject in the school
corporation.
(c) A special committee of teachers and parents may also be
appointed to review books, magazines, and audiovisual material used
or proposed for use in the classroom to supplement state adopted
textbooks and may make recommendations to the superintendent and
the 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 that
textbook.
(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 28
of 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 textbooks
under this chapter, and not later than July 1, when new contracts
become effective, the superintendent shall forward to the state board
a 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 this
chapter, notify the local superintendent of the deviation.
If the school corporation does not comply with this chapter within
thirty (30) days after receiving the notification, the state board shall
cancel 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 from
which they move shall:
(1) evaluate the affected children's textbooks; and
(2) offer to purchase the textbooks at a reasonable price for
resale to any family that moves into that corporation during a
school 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 to
sell selected textbooks at a price exceeding one hundred twenty
percent (120%) of the net price submitted to the state board. The
person, firm, or school corporation shall pay all transportation
charges.
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 24
of this chapter an opportunity to give its recommendation, the
governing body may request a waiver from the adoption
requirements of this chapter if the governing body believes that the
educational needs of the students attending the school corporation
can best be served by:
(1) not adopting a textbook; or
(2) adopting a textbook that has not been adopted by the state
board under this chapter.
(b) A request for a waiver must be submitted on a form approved
by the state board before June 1 of the year preceding the first school
year for which the waiver is to apply.
(c) The state board shall grant the waiver if it determines that the
request is reasonable.
As added by P.L.1-2005, SEC.10.