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 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 school books, 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 textbook rental fee assessed for textbooks
that have been adopted under IC 20-20-5-1 through IC 20-20-5-4 or
waived 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 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
Payment of fees by school corporation; reimbursement; record;
denial of governmental assistance
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 may receive a reimbursement from the
department for some or all of the costs incurred by a school
corporation during a school year in providing textbook 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) textbooks (including textbooks used in special education
and high ability classes) to these students;
(B) workbooks and consumable textbooks (including
workbooks, consumable textbooks, 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 textbooks, developmentally
appropriate material for instruction in kindergarten through
the grade 3 level, laboratories, and children's literature
programs;
(3) that each textbook described in subdivision (2)(A) and
included in the reimbursement request (except those textbooks
used in special education classes and high ability classes) has
been adopted by the state board under IC 20-20-5-1 through
IC 20-20-5-4 or has been waived by the state board of education
under IC 20-26-12-28;
(4) that the amount of reimbursement requested for each
textbook under subdivision (3) does not exceed twenty percent
(20%) of the costs incurred for the textbook, as provided in the
textbook adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable
instructional material used in special education and high ability
classes) under subdivision (2)(B), if applicable, does not exceed
one hundred percent (100%) of the costs incurred for the
workbook or consumable textbook (or other consumable
instructional material used in special education and high ability
classes);
(6) that the amount of reimbursement requested for each
textbook used in special education and high ability classes is
amortized for the number of years in which the textbook is
used;
(7) that the amount of reimbursement requested for
developmentally appropriate material is amortized for the
number of years in which the material is used and does not
exceed a total of one hundred percent (100%) of the costs
incurred for the developmentally appropriate material; and
(8) any other information required by the department, including
copies of purchase orders used to acquire consumable
instructional materials used in special education and high ability
classes and developmentally appropriate material.
(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) If the amount of reimbursement requested before November 1
of a particular year exceeds the amount of money appropriated to the
department for this purpose, the department shall proportionately
reduce the amount of reimbursement to each school corporation.
(g) A school corporation may submit a supplemental
reimbursement request under section 8 of this chapter. The school
corporation is entitled to receive a supplemental reimbursement only
if there are funds available. The department shall proportionately
reduce the amount of supplemental reimbursement to each school
corporation if the total amount requested exceeds the amount of
money available to the department for this purpose. In the case of a
supplemental reimbursement, the provisions in this section apply,
except that section 8 of this chapter applies to the making of the
supplemental request by the governing body of the school
corporation.
(h) 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.
As added by P.L.1-2005, SEC.17.
IC 20-33-5-8
Supplemental request for reimbursement for costs incurred in
providing textbook assistance
Sec. 8. (a) The governing body of a school corporation may make
a supplemental request for reimbursement from the department after
April 1 but before May 1 of a school year for some or all of the
additional costs incurred by the school corporation in providing
textbook assistance to the number of additional eligible children who
enroll in the school corporation after the initial request for
reimbursement is filed under section 7(c) of this chapter.
(b) In its supplemental request, the governing body must certify
to 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 in
providing the materials described in section 7(d)(2) of this
chapter 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 of
additional students.
(c) This section applies only if there are funds available. The
supplemental distributions shall be made by the department in
accordance 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 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. The extent to which the
fees are reimbursable under this section may not exceed the
percentage rates of reimbursement under section 7 of this chapter. In
addition, if a child enrolls in an accredited nonpublic school after the
initial request for reimbursement is filed under subsection (d), the
parent of the child or the emancipated minor who meets the financial
eligibility standard may receive a reimbursement from the
department for the costs or some of the costs incurred in fees that are
reimbursable under section 7 of this chapter by applying to the
accredited nonpublic school for assistance. In this case, this section
applies. However, section 10 of this chapter applies to the making of
the supplemental request for reimbursement by the principal or other
designee of the accredited nonpublic school.
(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) textbooks (including textbooks used in special education
and high ability classes); and
(B) workbooks and consumable textbooks (including
workbooks, consumable textbooks, 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 each textbook described in subdivision (2)(A) and
included in the reimbursement request (except those textbooks
used in special education classes and high ability classes) has
been adopted by the state board under IC 20-20-5-1 through
20-20-5-4 or has been waived by the state board of education
under IC 20-26-12-28;
(4) that the amount of reimbursement requested for each
textbook under subdivision (3) does not exceed twenty percent
(20%) of the costs incurred for the textbook, as provided in the
textbook adoption list in each year of the adoption cycle;
(5) that the amount of reimbursement requested for each
workbook or consumable textbook (or other consumable
teaching material used in special education and high ability
classes) under subdivision (2)(B), if applicable, does not exceed
one hundred percent (100%) of the costs incurred for the
workbook or consumable textbook (or other consumable
teaching material used in special education and high ability
classes);
(6) that the amount of reimbursement requested for each
textbook used in special education and high ability classes is
amortized for the number of years in which the textbook is
used; and
(7) any other information required by the department, including
copies of purchase orders used to acquire consumable teaching
materials used in special education and high ability classes.
(h) If the amount of reimbursement requested before November
1 of a particular school year exceeds the amount of money
appropriated to the department for this purpose, the department shall
proportionately reduce the amount of reimbursement to each
accredited nonpublic school. An accredited nonpublic school may
submit a supplemental reimbursement request under section 10 of
this chapter. The parent or emancipated minor is entitled to receive
a supplemental reimbursement only if funds are available. The
department shall proportionately reduce the amount of supplemental
reimbursement to the accredited nonpublic schools if the amount
requested exceeds the amount of money available to the department
for this purpose.
(i) The accredited nonpublic school shall distribute the money
received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) Section 7(h) 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.
IC 20-33-5-10
Supplemental request for reimbursement for costs; fees
reimbursable by parent for child enrolled in accredited nonpublic
school
Sec. 10. (a) The principal or other designee of an accredited
nonpublic school may make a supplemental request for
reimbursement from the department after April 1 but before May 1
of a school year for some or all of the additional costs incurred in
fees that are reimbursable under section 7 of this chapter by the
parent of a child or emancipated minor who enrolls in the accredited
nonpublic school after the initial request for reimbursement is filed
under section 9(f) of this chapter.
(b) In its supplemental request, the principal or other designee
must certify to the department the following:
(1) The number of additional students who enrolled in the
accredited nonpublic school as described in subsection (a).
(2) The costs incurred in providing the materials described in
section 9(g)(2) of this chapter pertaining to the number of
additional students.
(3) The same information as described in section 9(g)(3)
through 9(g)(7) of this chapter as pertaining to the number of
additional students.
(c) This section applies only if there are funds available. These
supplemental distributions shall be made by the department in
accordance 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 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.
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 textbook reimbursement contingency fund
Sec. 14. (a) The school textbook 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
textbook 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.
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.