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.