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INDIANA STATUTES AND CODES

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", with respect to a particular school corporation, means the maximum levy that the school corporation could impose in calendar year 2010 under IC 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" means an increase in wages or salaries payable for the same or a similar position after subtracting, for all employees, any of the following received by the individual:
        (1) An increase in wages or salary of an employee from an increment under IC 20-28-9-2 bargained for under a written contract signed before March 1, 2010, that has not expired.
        (2) An increase in wages or salary of an employee from an increment under IC 20-28-9-2 that does not exceed the increment permitted under an increment schedule in effect during the previous year under a written contract in effect for the previous year or under the status quo provisions in IC 20-29-9-16. However, the increment may not exceed two percent (2%) of the wages and salary of the employee in the previous year.
        (3) An increase in wages or salary that is paid to an employee as a result of the employee completing licensing requirements.
        (4) Health care benefit cost increases for the same or an equivalent plan that are shared by the employee and the employer in the same proportion as health care benefit costs are shared 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 to increase an increment schedule from an existing increment agreement or to increase fringe benefits except those under section 2(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, a school corporation may transfer money during the 2010-2011 school year to one (1) or more funds held by the school corporation for the purposes 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 to preserve 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 a resolution 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 4 of this chapter in the 2010-2011 school year may not exceed an amount equal to:
        (1) five percent (5%) of the school corporation's capital projects fund levy, if the governing body does not comply with section 9 of this chapter; and
        (2) ten percent (10%) of the school corporation's capital projects fund levy, if the governing body complies with section 9 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 five percent (5%) of the school corporation's capital projects fund levy, a governing body must include in the authorizing resolution a certification that the employees of the school corporation will not receive a general wage and salary increase for the 2010-2011 school year. 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 the 2010-2011 school year, the school corporation shall file a report with the department before October 1, 2011. The report must include the following:         (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 supported by 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 exclusive representative may mutually agree to forego any wage or salary increases that would otherwise be required under IC 20-28-9 for the 2010-2011 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.

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