Ind. Code ch. 20-33-5

Ind. Code ch. 20-33-5
in effect

Ind. Code § 20-33-5-1 Definitions; family income to be used to determine financial eligibility

Sec. 1. (a) As used in this chapter, "school corporation" includes a charter school. (b) As used in this chapter, "governing body" includes the organizer of a charter school. (c) The maximum monthly or annual gross income available to a family shall be used to determine financial eligibility for assistance under this chapter. (d) In determining the eligibility of a seasonal worker for assistance under this chapter, an average shall be made of the family's income for the twelve (12) calendar months preceding the first day of the month in which the application is made. [Pre-2005 Elementary and Secondary Education Recodification Citations: 20-8.1-1-1; 20-8.1-1-2; 20-8.1-9-1.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-5-2 Procedures to qualify for assistance; financial eligibility standard

Sec. 2. The department shall adopt procedures that must be followed by applicants in order for them to qualify for assistance under this chapter. These procedures must include obtaining information needed by the family and social services administration to determine if the recipient is a child who is a member of a qualifying family (as defined in IC 12-14-28-1), including the familial relationship of the child to the head of the household. The financial eligibility standard for an applicant under this chapter must be the same criteria used for determining eligibility for receiving free or reduced price lunches under the national school lunch program. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-2.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-5-3 Qualified parents; fees; reasonable fees for lost or significantly damaged curricular materials

Sec. 3. (a) Except as provided in subsection (b), if a parent of a child or an emancipated minor who is enrolled in a public school in kindergarten or grades 1 through 12 meets the financial eligibility standard under section 2 of this chapter, the parent or the emancipated minor may not be required to pay any fee required for the child's or emancipated minor's participation in a particular course of study. The fees shall be paid by the school corporation that the child attends. (b) A school corporation may assess and collect a reasonable fee from a parent of a child or from an emancipated minor who is enrolled in a public school in the school corporation and meets the financial eligibility standard under section 2 of this chapter for any lost or significantly damaged curricular materials that were provided to the child or emancipated minor, as provided in IC 20-26-12-1(b). [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-3.] As added by P.L.1-2005, SEC.17. Amended by P.L.73-2011, SEC.19; P.L.286-2013, SEC.112; P.L.201-2023, SEC.171.

Ind. Code § 20-33-5-4 Application forms

Sec. 4. The department shall provide each school corporation with sufficient application forms for assistance under this chapter. The state board of accounts shall prescribe the forms to be used. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-4.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-5-5 Notice to parents

Sec. 5. All school corporations must give notice in nontechnical language and in a manner that can be reasonably expected to reach parents of students before the assessment and collection of any fees that are not fees for curricular materials. This notice must inform the parents of the following: (1) The availability of assistance under this chapter. (2) The eligibility standards under this chapter. (3) The procedure for obtaining assistance, including the right and method of appeal. (4) The availability of application forms at a designated school office. (5) That the parents may be required to pay a reasonable fee for lost or significantly damaged curricular materials. (6) The procedure for obtaining assistance under section 12 of this chapter and under IC 20-41-2-5(b). (7) The right to appeal an assessment of a fee for lost or significantly damaged curricular materials, including the procedure required. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-5.] As added by P.L.1-2005, SEC.17. Amended by P.L.201-2023, SEC.172; P.L.214-2025, SEC.181.

Ind. Code § 20-33-5-6 Assistance in completion of forms; determination of financial eligibility; appeal; hearing

Sec. 6. (a) All school corporations must give appropriate application forms to parents who wish to apply for assistance under this chapter. The school shall provide assistance to those applicants who are unable to write or otherwise make a written application. The parent shall submit the completed application to the school corporation. The school corporation shall make a determination of financial eligibility. (b) If the school corporation makes a determination that the parent is ineligible based on the information in the application, the school corporation shall give the parent written reasons for the denial and inform the parent of the right to request a hearing before the governing body of the school corporation or the governing body's designee. After the determination, the school corporation may bill the parent for the student's fees, but the school corporation may not take any legal action against the parent until the parent has had the opportunity to make an appeal in a hearing before the governing body of the school corporation or the governing body's designee. If the parent pays the fees based on the school corporation's determination, and after the appeal it is determined that the parent qualifies for assistance, the school corporation shall reimburse the parent. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-6.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-5-7 School corporation payment of fees

Sec. 7. (a) If a determination is made that the applicant is eligible for assistance, the school corporation shall pay the cost of the student's required fees. (b) Each school within a school corporation shall maintain complete and accurate information concerning the number of students determined to be eligible for assistance under this chapter. This information shall be provided to the department upon request. (c) Parents receiving other governmental assistance or aid that considers educational needs in computing the entire amount of assistance granted may not be denied assistance if the applicant's total family income does not exceed the standards established by this chapter. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-9.] As added by P.L.1-2005, SEC.17. Amended by P.L.73-2011, SEC.20; P.L.229-2011, SEC.192; P.L.286-2013, SEC.113; P.L.201-2023, SEC.173.

Ind. Code § 20-33-5-8 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-9.1.] As added by P.L.1-2005, SEC.17. Repealed by P.L.229-2011, SEC.275.

Ind. Code § 20-33-5-9 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-9.5.] As added by P.L.1-2005, SEC.17. Amended by P.L.42-2011, SEC.37; P.L.73-2011, SEC.21; P.L.229-2011, SEC.193; P.L.286-2013, SEC.114; P.L.92-2020, SEC.79; P.L.201-2023, SEC.174. Repealed by P.L.213-2025, SEC.179.

Ind. Code § 20-33-5-9.5 Repealed

As added by P.L.229-2011, SEC.194. Amended by P.L.205-2013, SEC.258; P.L.92-2020, SEC.80; P.L.201-2023, SEC.175. Repealed by P.L.213-2025, SEC.180.

Ind. Code § 20-33-5-10 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-9.6.] As added by P.L.1-2005, SEC.17. Repealed by P.L.229-2011, SEC.275.

Ind. Code § 20-33-5-11 Failure of parent to pay fees; small claims court representation

Sec. 11. (a) A school corporation may not: (1) withhold curricular materials and supplies; (2) require any special services from a child or emancipated minor; or (3) deny the child or emancipated minor any benefit or privilege; because the parent or emancipated minor fails to pay a required fee, including a reasonable fee for lost or significantly damaged curricular materials imposed under IC 20-26-12-1(b) or a reasonable fee for supplies and materials imposed under IC 20-26-12-1(c). (b) Notwithstanding subsection (a), a school corporation may take any action authorized by law to collect unpaid fees from parents who are determined to be ineligible for assistance, including recovery of reasonable attorney's fees and court costs in addition to a judgment award against those parents. (c) A school corporation may designate a full-time employee of the school corporation to represent the school corporation in a small claims court action under subsection (b) if the claim does not exceed one thousand five hundred dollars ($1,500). The employee designated under this subsection is not required to be an attorney. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-10.] As added by P.L.1-2005, SEC.17. Amended by P.L.286-2013, SEC.115; P.L.251-2017, SEC.15; P.L.201-2023, SEC.176; P.L.214-2025, SEC.182.

Ind. Code § 20-33-5-12 Payment of fees for unqualified individuals

Sec. 12. Under extraordinary circumstances, the township trustee may pay for the fees enumerated in section 3 of this chapter for individuals who do not otherwise qualify under the financial eligibility standard established in this chapter. Assistance in such cases may be provided by the township trustee under IC 12-20. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-11.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-5-13 Shoes and clothing; financial assistance; clothing bank; establishment by school corporation

Sec. 13. (a) Financial assistance for shoes and clothing shall be provided directly by the township trustee under IC 12-20 to parents who do not have sufficient means to furnish the shoes and clothing needed by the children to attend school. (b) A school corporation may establish a clothing bank to provide for children's clothing needs on an emergency basis. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-12.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-5-14 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-14.] As added by P.L.1-2005, SEC.17. Amended by P.L.286-2013, SEC.116; P.L.43-2021, SEC.112; P.L.201-2023, SEC.177. Repealed by P.L.213-2025, SEC.181.

Ind. Code § 20-33-5-15 Repealed

As added by P.L.9-2009, SEC.1. Repealed by P.L.1-2025, SEC.242; P.L.214-2025, SEC.183.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026

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