Ind. Code ch. 20-43-4

Ind. Code ch. 20-43-4
in effect

Ind. Code § 20-43-4-1 Determination; eligible pupils

Sec. 1. (a) An individual is an eligible pupil if the individual is a pupil enrolled in a school corporation and: (1) the school corporation has the responsibility to educate the pupil in its public schools without the payment of tuition; (2) subject to subdivision (6), the school corporation has the responsibility to pay transfer tuition under IC 20-26-11 because the pupil is: (A) transferred for education to another school corporation; or (B) placed in an out-of-state institution or facility by or with the consent of the department of child services; (3) the pupil is enrolled in a school corporation as a transfer student under IC 20-26-11-6 or entitled to be counted for ADM purposes as a resident of the school corporation when attending its schools under any other applicable law or regulation; (4) the pupil is twenty-two (22) years of age or less; (5) the state is responsible for the payment of transfer tuition to the school corporation for the pupil under IC 20-26-11; or (6) all of the following apply: (A) The school corporation is a transferee corporation. (B) The pupil does not qualify as a qualified pupil in the transferee corporation under subdivision (3) or (5). (C) The transferee corporation's attendance area includes a state licensed private or public health care facility or child care facility where the pupil was placed: (i) by or with the consent of the department of child services; (ii) by a court order; (iii) by a child placing agency licensed by the department of child services; (iv) by a parent or guardian under IC 20-26-11-8; or (v) by or with the consent of the department under IC 20-35-6-2. (b) For purposes of a career and technical education grant, an eligible pupil includes a student enrolled in a charter school. [Pre-2006 Recodification Citation: 21-3-1.6-1.1(j).] As added by P.L.2-2006, SEC.166. Amended by P.L.159-2007, SEC.4; P.L.234-2007, SEC.136; P.L.3-2008, SEC.124; P.L.146-2008, SEC.487; P.L.165-2021, SEC.161.

Ind. Code § 20-43-4-2 Determination of ADM; estimates

Sec. 2. (a) Subject to section 3.7 of this chapter, a school corporation's ADM is the number of eligible pupils enrolled in: (1) the school corporation; or (2) a transferee corporation; on the fall count day of ADM established under section 3 of this chapter and, if applicable, as subsequently adjusted under section 3.5 of this chapter. (b) Subject to section 3.7 of this chapter, a school corporation shall determine the number of eligible pupils enrolled in: (1) the school corporation; or (2) a transferee corporation; on the day fixed in February by the state board for a spring count of students under section 3 of this chapter and, if applicable, as subsequently adjusted under section 3.5 of this chapter. (c) Each school corporation shall, before April 1 of each year, provide to the department an estimate of the school corporation's ADM that will result from the following fall count of eligible pupils. The department may update and adjust the estimate as determined appropriate by the department. In each odd-numbered year, the department shall provide the updated and adjusted estimate of the school corporation's ADM to the legislative services agency before April 10 of that year. Upon request, the department shall provide a school corporation with an estimate of the school corporation's ADM. (d) A new charter school shall submit an enrollment estimate to the department before April 1 of the year the new charter school will be open for enrollment. The department shall use the new charter school's enrollment estimate as the basis for the new charter school's distribution beginning in July and until actual ADM is available, subject to section 9 of this chapter. However, if the new charter school's enrollment estimate is greater than eighty percent (80%) of the new charter school's authorized enrollment cap, the department may use that enrollment estimate if the department has requested and reviewed other enrollment data that support that enrollment estimate. However, if the enrollment data requested and reviewed by the department does not support the enrollment estimate submitted by the new charter school, the department shall determine the estimated ADM based on the enrollment data requested and reviewed by the department. In each odd-numbered year, the department shall provide the new charter school's estimated ADM to the legislative services agency before April 10 of that year. [Pre-2006 Recodification Citation: 21-3-1.6-1.1(d) part.] As added by P.L.2-2006, SEC.166. Amended by P.L.205-2013, SEC.275; P.L.186-2016, SEC.2; P.L.151-2016, SEC.3; P.L.186-2016, SEC.3; P.L.217-2017, SEC.121; P.L.165-2021, SEC.162; P.L.130-2022, SEC.5; P.L.201-2023, SEC.201.

Ind. Code § 20-43-4-3 Fixing day to determine ADM

Sec. 3. (a) Subject to section 3.7 of this chapter and subsection (b), the state board shall make an ADM count of the eligible pupils enrolled in each school corporation two (2) times each school year, with one (1) count date occurring in each of the following periods: (1) The fall count of ADM shall be made on October 1 or another date set by the board to align the count of ADM with the federal pupil enrollment count. (2) The spring count of ADM shall be made on a day during February fixed by the state board. (b) If the fall count day of ADM falls on a Saturday, Sunday, national legal holiday recognized by the federal government, or a statewide holiday, the fall count of ADM shall be made on the immediately following day that is not a Saturday, Sunday, or national or statewide holiday. [Pre-2006 Recodification Citation: 21-3-1.6-1.1(d) part.] As added by P.L.2-2006, SEC.166. Amended by P.L.144-2012, SEC.6; P.L.217-2017, SEC.122; P.L.108-2019, SEC.222; P.L.130-2022, SEC.6; P.L.201-2023, SEC.202.

Ind. Code § 20-43-4-3.5 Adjustment of enrollment count

Sec. 3.5. (a) The state board may adjust an enrollment count of eligible pupils of one (1) or more school corporations under this section not later than a date established under the rules adopted by the state board. (b) If the state board determines that an enrollment count of eligible pupils under section 2(a) or 2(b) of this chapter for one (1) or more school corporations is unrepresentative by a count that would increase or decrease the total distribution of state tuition support in an amount that is less than two hundred fifty thousand dollars ($250,000), the state board may adjust the enrollment count for the one (1) or more school corporations. (c) If the state board determines that an enrollment count of eligible pupils under section 2(a) or 2(b) of this chapter for one (1) or more school corporations is unrepresentative by a count that would increase or decrease the total distribution of state tuition support in an amount that is equal to or more than two hundred fifty thousand dollars ($250,000), the state board may adjust the enrollment count for the one (1) or more school corporations after review by the budget committee. (d) A school corporation may petition the state board to make an adjusted count of eligible pupils enrolled in the school corporation if the school corporation has reason to believe that the count is unrepresentative of the school corporation's enrollment. As added by P.L.130-2022, SEC.7.

Ind. Code § 20-43-4-3.7 Designation of alternative day for determining enrollment

Sec. 3.7. (a) This section applies if the state board determines that extreme patterns of: (1) student in-migration; (2) illness; (3) natural disaster; or (4) other unusual conditions in a particular school corporation's enrollment; on the count day established under section 3 of this chapter or the subsequent adjustment date established under section 3.5 of this chapter cause the enrollment count of eligible pupils to be unrepresentative of the enrollment of one (1) or more school corporations. (b) If the state board determines that the: (1) count day or subsequent adjustment date is unrepresentative of the enrollment of one (1) or more school corporations as described in subsection (a); and (2) enrollment count of the one (1) or more school corporations described in subdivision (1) would be unrepresentative by a count that would increase or decrease the total distribution of state tuition support in an amount that is less than two hundred fifty thousand dollars ($250,000) as a result of changing the count day; the state board may designate another day for determining the enrollment of the one (1) or more school corporations. (c) If the state board determines that the: (1) count day or subsequent adjustment date is unrepresentative of the enrollment of one (1) or more school corporations as described in subsection (a); and (2) enrollment count of the one (1) or more school corporations described in subdivision (1) would be unrepresentative by a count that would increase or decrease the total distribution of state tuition support in an amount that is equal to or more than two hundred fifty thousand dollars ($250,000) as a result of changing the count day; the state board may designate another day for determining the enrollment of the one (1) or more school corporations after review by the budget committee As added by P.L.130-2022, SEC.8.

Ind. Code § 20-43-4-4 Adjusted count; children with disabilities; count for purposes of the special education grant

Sec. 4. (a) The state board shall monitor changes that occur after the count of ADM in the number of students enrolled in programs for children with disabilities. The state board shall: (1) before December 2 of that same year; and (2) before April 2 of the following calendar year; make an adjusted count of students enrolled in programs for children with disabilities. The secretary of education shall certify the December adjusted count to the budget committee before February 5 of the following year and the April adjusted count not later than May 31 immediately after the date of the April adjusted count. The state board may adjust the school's count of students enrolled in programs for children with disabilities if the state board determines that the count is unrepresentative of the school corporation's enrollment. (b) The department shall distribute special education grants under IC 20-43-7 using only the count specified in IC 20-43-7-1. [Pre-2006 Recodification Citation: 21-3-1.6-1.1(d) part.] As added by P.L.2-2006, SEC.166. Amended by P.L.205-2013, SEC.276; P.L.217-2017, SEC.123; P.L.43-2021, SEC.131.

Ind. Code § 20-43-4-4.6 Count for career and technical education grants

Sec. 4.6. IC 20-43-8-1 applies to a count of students for career and technical education grants. As added by P.L.205-2013, SEC.277.

Ind. Code § 20-43-4-5 Counting kindergarten pupils

Sec. 5. (a) In determining ADM, each kindergarten pupil who is at least five (5) years of age on the date set forth in subsection (b) shall be counted as: (1) one (1) pupil, if the pupil is enrolled in a full-day kindergarten program; or (2) one-half (1/2) pupil, if the pupil is enrolled in a half-day kindergarten program. If a school corporation commences kindergarten in a school year, the ADM of the current and prior calendar years shall be adjusted to reflect the enrollment of the kindergarten pupils. A kindergarten pupil who is not at least five (5) years of age on the date set forth in subsection (b) may not be counted. (b) The date referred to in subsection (a) is as follows: (1) For the state fiscal year beginning July 1, 2018, August 1 of the school year. (2) For the state fiscal year beginning July 1, 2019, September 1 of the school year. (3) For a state fiscal year beginning on or after July 1, 2020, October 1 of the school year. [Pre-2006 Recodification Citation: 21-3-1.6-1.1(d) part.] As added by P.L.2-2006, SEC.166. Amended by P.L.213-2015, SEC.213; P.L.135-2018, SEC.5; P.L.108-2019, SEC.223.

Ind. Code § 20-43-4-6 Determination; full-time equivalency basis

Sec. 6. (a) In determining ADM, each pupil enrolled in a public school, including a charter school, and a nonpublic school is to be counted on a full-time equivalency basis if the pupil: (1) is enrolled in a public school and a nonpublic school; (2) has legal settlement in a school corporation; and (3) receives instructional services from a school corporation. (b) For purposes of this section, full-time equivalency is calculated as follows: STEP ONE: Determine the result of: (A) the number of days instructional services will be provided to the pupil, not to exceed one hundred eighty (180); divided by (B) one hundred eighty (180). STEP TWO: Determine the result of: (A) the pupil's public school instructional time (as defined in IC 20-30-2-1); divided by (B) the actual public school regular instructional day (as defined in IC 20-30-2-2). STEP THREE: Determine the result of: (A) the STEP ONE result; multiplied by (B) the STEP TWO result. STEP FOUR: Determine the lesser of one (1) or the result of: (A) the STEP THREE result; multiplied by (B) one and five hundredths (1.05). However, the state board may, by rules adopted under IC 4-22-2, specify an equivalent formula if the state board determines that the equivalent formula would more accurately reflect the instructional services provided by a school corporation during a period that a particular ADM count is in effect for the school corporation. [Pre-2006 Recodification Citations: 21-3-1.6-1.1(d) part; 21-3-1.6-1.2.] As added by P.L.2-2006, SEC.166. Amended by P.L.234-2007, SEC.239; P.L.205-2013, SEC.278; P.L.169-2016, SEC.18; P.L.155-2020, SEC.19.

Ind. Code § 20-43-4-6.5 Review of daily attendance for purposes of determining basic tuition support

Sec. 6.5. (a) Subject to subsection (b), for purposes of determining basic tuition support for a school corporation under IC 20-43-6-3, the department shall review the daily attendance of each student to determine whether, of the instructional services that the student receives from a school corporation, at least fifty percent (50%) is virtual instruction. The department shall review the daily attendance of a student under this subsection as follows: (1) Except as provided in section 6.7 of this chapter, for purposes of the fall count of ADM, the department shall review the attendance for each student on each school day from the school corporation's first day of school until the fall count day of ADM established under section 3 of this chapter. (2) For purposes of the spring count of ADM, the department shall review the attendance for each student on each school day from the first day after the date described in subdivision (1) until the date fixed in February by the state board under section 3 of this chapter. (b) In reviewing daily attendance under this section, the department shall take into consideration whether a student transferred to the school corporation during the dates described in subsection (a)(1) and (a)(2) that the department reviews daily attendance. As added by P.L.165-2021, SEC.163. Amended by P.L.148-2022, SEC.3; P.L.201-2023, SEC.203.

Ind. Code § 20-43-4-7 "Adjusted ADM"

Sec. 7. For purposes of this article, a school corporation's "adjusted ADM" for the current year is the school corporation's current ADM. [Pre-2006 Recodification Citation: 21-3-1.7-6.6.] As added by P.L.2-2006, SEC.166. Amended by P.L.234-2007, SEC.240; P.L.182-2009(ss), SEC.332; P.L.229-2011, SEC.207; P.L.205-2013, SEC.279; P.L.213-2015, SEC.214.

Ind. Code § 20-43-4-8 Treatment of postsecondary enrollment opportunity programs

Sec. 8. A student who participates in a postsecondary enrollment opportunity under IC 21-43-4 is considered a student enrolled in the school corporation where the student has legal settlement for the purposes of computing ADM. [Pre-2007 Higher Education Recodification Citations: 20-12-75-14(b) part; 20-30-11-11; 23-13-18-29(b) part.] As added by P.L.2-2007, SEC.241. Amended by P.L.234-2007, SEC.63; P.L.125-2013, SEC.2.

Ind. Code § 20-43-4-9 Calculation of state tuition support distributions based on current ADM; adjusted ADM counts; payment reconciliation

Sec. 9. (a) Subject to subsections (b) and (c), this subsection applies to the calculation of state tuition support distributions that are based on the current ADM of a school corporation. The fall count of ADM, as adjusted by the state board under section 3.5 of this chapter, shall be used to compute state tuition support distributions made in the first six (6) months of the current state fiscal year, and the spring count of ADM, as adjusted by the state board under section 3.5 of this chapter, shall be used to compute state tuition support distributions made in the second six (6) months of the state fiscal year. (b) This subsection applies to a school corporation that does not provide the estimates required by section 2(c) of this chapter before the deadline. For monthly state tuition support distributions made before the count of ADM is finalized, the department shall determine the distribution amount for such a school corporation for a state fiscal year of the biennium, using data that were used by the general assembly in determining the state tuition support appropriation for the budget act for that state fiscal year. The department may adjust the data used under this subsection for errors. (c) If the state board adjusts a count of ADM after a distribution is made under this article, the adjusted count retroactively applies to the amount of state tuition support distributed to a school corporation affected by the adjusted count. The department shall settle any overpayment or underpayment of state tuition support resulting from an adjusted count of ADM on the schedule determined by the department and approved by the budget agency. As added by P.L.205-2013, SEC.280. Amended by P.L.213-2015, SEC.215; P.L.151-2016, SEC.4; P.L.85-2017, SEC.84; P.L.217-2017, SEC.124; P.L.108-2019, SEC.224; P.L.130-2022, SEC.9.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026