Ind. Code § 20-28-9-28
Requirement to expend percentage of tuition support for teacher compensation; report to the legislative council; notice; official minutes; posting
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
Note: This version of section amended by P.L.190-2025, SEC.5. See also following version of this section amended by P.L.213-2025, SEC.172.
Sec. 28. (a) For each school year in a state fiscal year beginning after June 30, 2023, a school corporation shall expend an amount for teacher compensation that is not less than an amount equal to sixty-two percent (62%) of the state tuition support distributed to the school corporation during the state fiscal year. For purposes of determining whether a school corporation has complied with this requirement, the amount a school corporation expends for teacher compensation shall include the amount the school corporation expends for adjunct teachers, supplemental pay for teachers, stipends, and for participating in a special education cooperative or an interlocal agreement or consortium that is directly attributable to the compensation of teachers employed by the cooperative or interlocal agreement or consortium. Teacher benefits include all benefit categories collected by the department for Form 9 purposes.
Sec. 28. (a) Subject to subsection (c), for each school year in a state fiscal year beginning after June 30, 2025, a school corporation shall expend an amount for teacher compensation that is not less than an amount equal to sixty-five percent (65%) of the state tuition support, other than the state tuition support described in subsection (b), distributed to the school corporation during the state fiscal year. For purposes of determining whether a school corporation has complied with this requirement, the amount a school corporation expends for teacher compensation shall include the amount the school corporation expends for adjunct teachers, supplemental pay for teachers, stipends, and for participating in a special education cooperative or an interlocal agreement or consortium that is directly attributable to the compensation of teachers employed by the cooperative or interlocal agreement or consortium. The amount a school corporation expends on teacher compensation shall also include the amount the school corporation expends on dropout recovery educational services for an at-risk student enrolled in the school corporation provided by an agreement with an eligible school that is directly attributable to the compensation of teachers employed by the eligible school. Teacher benefits include all benefit categories collected by the department for Form 9 purposes.
(b) If a school corporation determines that the school corporation cannot comply with the requirement under subsection (a) for a particular school year, the school corporation shall apply for a waiver from the department.
(c) The waiver application must include an explanation of the financial challenges, with detailed data, that preclude the school corporation from meeting the requirement under subsection (a) and describe the cost saving measures taken by the school corporation in attempting to meet the requirement in subsection (a). The waiver may also include an explanation of an innovative or efficient approach in delivering instruction that is responsible for the school corporation being unable to meet the requirement under subsection (a).
(d) If, after review, the department determines that the school corporation has exhausted all reasonable efforts in attempting to meet the requirement in subsection (a), the department may grant the school corporation a one (1) year exception from the requirement.
(e) A school corporation that receives a waiver under this section shall work with the department to develop a plan to identify additional cost saving measures and any other steps that may be taken to allow the school corporation to meet the requirement under subsection (a).
(f) A school corporation may not receive more than three (3) waivers under this section.
(b) State tuition support distributed to a school corporation for students enrolled in the school corporation who are receiving one hundred percent (100%) virtual instruction from a teacher employed by a third party provider with whom the school corporation has contracted is not included as state tuition support distributed to the school corporation for purposes of subsection (a).
(c) For purposes of determining whether a school corporation has complied with the requirement in subsection (a), distributions from the curricular materials fund established by IC 20-40-22-5 that are deposited in a school corporation's education fund in a state fiscal year are not considered to be state tuition support distributed to the school corporation during the state fiscal year.
(d) Before November 1, 2022, and before November 1 of each year thereafter, the department shall submit a report to the legislative council in an electronic format under IC 5-14-6 and the state budget committee that contains information as to:
(1) the percent and amount that each school corporation expended and the statewide total expended for teacher compensation;
(1) the percent and amount that each school corporation expended and the statewide total expended for teacher compensation;
(2) the percent and amount that each school corporation expended and statewide total expended for teacher benefits, including health, dental, life insurance, and pension benefits;
(2) the percent and amount that each school corporation expended and statewide total expended for teacher benefits, including health, dental, life insurance, and pension benefits; and
(3) whether the school corporation met the requirement set forth in subsection (a); and
(3) whether the school corporation met the requirement set forth in subsection (a).
(4) whether the school corporation received a waiver under subsection (d).
(e) The department shall publish the report described in subsection (d) on the department's website.
(f) Beginning after June 30, 2024, for each state fiscal year that a school corporation fails to expend the amount for teacher compensation as required under subsection (a), the department shall submit in both a written and an electronic format a notice to the school corporation's:
(1) superintendent;
(2) school business officer; and
(3) governing body;
that the school corporation failed to meet the requirements set forth in subsection (a) for the applicable state fiscal year.
(g) If a school corporation's governing body receives a notice from the department under subsection (f), the school corporation shall do the following:
(1) Publicly acknowledge receipt of the notice from the department at the governing body's next public meeting.
(2) Enter into the governing body's official minutes for the meeting described in subdivision (1) acknowledgment of the notice.
(3) Not later than thirty (30) days after the meeting described in subdivision (1), publish on the school corporation's website:
(A) the department's notice; and
(B) any relevant individual reports prepared by the department.
(h) If the department determines a school corporation that received one (1) or more notices from the department under subsection (f) has met the expenditure requirements required under subsection (a) for a subsequent state fiscal year, the school corporation may remove from the school corporation's website any:
(1) notices the school corporation received under subsection (f); and
(2) relevant individual reports prepared by the department under subsection (g)(3).
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.