(a)After the department completes the
school corporation notice requirement under section 9 of this chapter,
the department shall notify the state board, DUAB, and Indiana
education employment relations board as soon as possible of all school
corporations that received a notice stating they were on the excessive
education fund transfer list for the immediately preceding calendar
year.
(b)Upon receipt of the department notice to a school corporation
under section 9 of this chapter, the school corporation's superintendent
and financial personnel, including the school's business officer, shall
prepare and submit explanatory documentation within ninety (90) days,
explaining the following:
(1)How and why the school corporation's leadership believes the
school corporation failed to meet the e
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(a) After the department completes the
school corporation notice requirement under section 9 of this chapter,
the department shall notify the state board, DUAB, and Indiana
education employment relations board as soon as possible of all school
corporations that received a notice stating they were on the excessive
education fund transfer list for the immediately preceding calendar
year.
(b) Upon receipt of the department notice to a school corporation
under section 9 of this chapter, the school corporation's superintendent
and financial personnel, including the school's business officer, shall
prepare and submit explanatory documentation within ninety (90) days,
explaining the following:
(1) How and why the school corporation's leadership believes the
school corporation failed to meet the education fund transfer
target percentage.
(2) The steps the school corporation's leadership is planning or
actively taking to budget and spend during the next calendar year
to meet the education fund transfer target percentage for the next
calendar year.
(c) The school corporation's superintendent shall submit the
explanatory documentation to the department and the DUAB.
(d) Upon submission of the explanatory documentation under
subsection (b), the school corporation's superintendent shall present the
explanatory documentation to the school corporation's governing body
at its next public meeting. The governing body shall enter both the
actual documentation and corresponding discussion into its official
minutes for that meeting.
(e) Upon the completion of the duties under subsection (d), the
school corporation shall publish the explanatory documentation
alongside any further notices and related reports from the department
on its website within thirty (30) days.
(f) Upon receipt of a school corporation's explanatory
documentation, the DUAB shall officially acknowledge receipt of the
documentation at its next public meeting and enter the receipt into its
official minutes for that meeting.
(g) Upon receipt of the explanatory documentation, the department,
in collaboration with the DUAB, shall review the documentation within
sixty (60) days to make a preliminary determination of whether the
documentation satisfactorily demonstrates that the school corporation's
leadership has outlined and begun a corrective action plan to make
progress in meeting the education fund transfer target percentage for
the next calendar year.
(h) If the department determines the explanatory documentation is
not satisfactory, the department may contact the superintendent and
financial personnel, including the school business officer, of the school
corporation to schedule as soon as possible an appearance before the
DUAB at a public meeting to provide an opportunity to explain the
details within the explanatory documentation, and to explain to the
DUAB the school corporation's budgeting and compensation levels in
relation to the following for the school corporation:
(1) How and why the education fund transfer target percentage
was not met during the previous calendar year.
(2) Total combined expenditures.
(3) Student instructional expenditures.
(4) Noninstructional expenditures.
(5) Full-time teacher compensation expenditures.
(6) Nonteaching, full-time administrative personnel compensation
expenditures.
(7) Nonteaching staff personnel compensation expenditures.
(8) Any prior or planned attempts to seek the assistance available
under this chapter from the Indiana education employment
relations board and the department's division of finance.
(9) Any prior or planned pooling of resources, combined
purchases, usage of shared administrative services, or
collaboration with contiguous school corporations in reducing
noninstructional expenditures as described under IC 20-42.5-2-1.
(10) Any prior or planned participation in a county school safety
commission under IC 10-21-1-12 to assist and reduce school
safety expenditures.
(11) Any prior or planned consideration of meeting the
requirements of and applying for school corporation efficiency
incentive grants under IC 36-1.5-6.
(i) The DUAB may contact the superintendent and financial
personnel, including the school's business officer, of a school
corporation that has been included on the department's excessive
education fund transfer list for at least two (2) immediately preceding
calendar years to provide the school corporation an opportunity to
explain to the DUAB in a public meeting the school corporation's
budgeting and compensation levels in relation to the items listed in
subsection (h).
(j) After the DUAB receives the school corporation's explanation
under this section, the DUAB may issue an official recommendation to
the school corporation to perform a review and improve its budgeting
procedures in consultation with any state agencies the DUAB considers
appropriate. The state agencies specified by the DUAB shall assist the
school corporation before and during its next collective bargaining
period with the goal of meeting or making progress toward the
education fund transfer target percentage. If the DUAB issues an
official recommendation to a school corporation, the school
corporation's governing body shall officially acknowledge receipt of the
recommendation at its next public meeting and enter into the school
corporation governing body's minutes for that meeting
acknowledgment of receipt of the recommendation. In addition, the
school corporation shall publish the official recommendation on the
school corporation's website.
(k) The school corporation shall publish the most recent notices
from the department, relevant individual reports prepared by the
department, explanatory documentation by the school corporation, and
official recommendations by the DUAB on the school corporation's
website.
(l) The school corporation may remove the notice, its explanatory
documentation, and the DUAB's official recommendation from its
website if the department determines that the school corporation met
its education fund transfer target percentage and is no longer on the
excessive education fund transfer list.