February 11, 2005
SENATE BILL No. 296
_____
DIGEST OF SB 296
(Updated February 9, 2005 5:59 pm - DI 71)
Citations Affected: IC 1-1; IC 4-1.5; IC 4-13; IC 5-11; IC 12-20;
IC 20-8.1; IC 20-12; IC 22-4; noncode.
Synopsis: Ivy Tech Community College of Indiana. Changes the name
of Ivy Tech State College to Ivy Tech Community College of Indiana
and broadens the mission to include serving as the state's community
college system. Repeals various provisions concerning the previous
community college of Indiana partnership between Ivy Tech State
College and Vincennes University.
Effective: July 1, 2005.
Meeks, Simpson
January 6, 2005, read first time and referred to Committee on Education and Career
Development.
February 10, 2005, amended, reported favorably _ Do Pass.
February 11, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 296
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 1-1-3.5-5; (05)SB0296.1.1. -->
SECTION 1. IC 1-1-3.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The governor
shall forward a copy of the executive order issued under section 3 of
this chapter to:
(1) the director of the Indiana state library;
(2) the election division; and
(3) the Indiana Register.
(b) The director of the Indiana state library, or an employee of the
Indiana state library designated by the director to supervise a state data
center established under IC 4-23-7.1, shall notify each state agency
using population counts as a basis for the distribution of funds or
services of the effective date of the tabulation of population or
corrected population count.
(c) The agencies that the director of the Indiana state library must
notify under subsection (b) include the following:
(1) The auditor of state, for distribution of money from the
following:
(A) The cigarette tax fund in accordance with IC 6-7-1-30.1.
(B) Excise tax revenue allocated under IC 7.1-4-7-8.
(C) The local road and street account in accordance with
IC 8-14-2-4.
(D) The repayment of loans from the Indiana University
permanent endowment funds under IC 21-7-4.
(2) The board of trustees of Ivy Tech State Community College
of Indiana, for the board's division of Indiana into service regions
under IC 20-12-61-9.
(3) The department of commerce, for the distribution of money
from the following:
(A) The rural development fund under IC 4-4-9.
(B) The growth investment program fund under IC 4-4-20.
(4) The division of disability, aging, and rehabilitative services,
for establishing priorities for community residential facilities
under IC 12-11-1.1 and IC 12-28-4-12.
(5) The department of state revenue, for distribution of money
from the motor vehicle highway account fund under IC 8-14-1-3.
(6) The enterprise zone board, for the evaluation of enterprise
zone applications under IC 4-4-6.1.
(7) The alcohol and tobacco commission, for the issuance of
permits under IC 7.1.
(8) The Indiana library and historical board, for distribution of
money to eligible public library districts under IC 4-23-7.1-29.
(9) The state board of accounts, for calculating the state share of
salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2.
SOURCE: IC 4-1.5-4-2; (05)SB0296.1.2. -->
SECTION 2. IC 4-1.5-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. The board is
composed of the following twenty-three (23) members, none of whom
may be members of the general assembly:
(1) Fifteen (15) persons appointed by the governor who must be
employed in or retired from the private or nonprofit sector. The
following apply to appointments under this subdivision:
(A) The governor shall consider the recommendation of the
speaker of the house of representatives when making one (1)
appointment.
(B) The governor shall consider the recommendation of the
minority leader of the house of representatives when making
one (1) appointment.
(C) The governor shall consider the recommendation of the
president pro tempore of the senate when making one (1)
appointment.
(D) The governor shall consider the recommendation of the
minority leader of the senate when making one (1)
appointment.
(2) The lieutenant governor.
(3) Seven (7) persons appointed by the governor who must be
employed in or retired from the private or nonprofit sector or
academia, on recommendation of the following:
(A) The president of Indiana University.
(B) The president of Purdue University.
(C) The president of Indiana State University.
(D) The president of Ball State University.
(E) The president of the University of Southern Indiana.
(F) The president of Ivy Tech State Community College of
Indiana.
(G) The president of Vincennes University.
SOURCE: IC 4-13-1-15; (05)SB0296.1.3. -->
SECTION 3. IC 4-13-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. This chapter may
not be construed to restrict the powers of the state board of accounts as
prescribed by IC 5-11-1 or restrict the powers and functions of the state
police department as prescribed by IC 10-11-2. This chapter, except
IC 4-13-1-4(1) and IC 4-13-1-4(3), does not apply to the state
universities and Ivy Tech State Community College of Indiana.
SOURCE: IC 4-13-6-1; (05)SB0296.1.4. -->
SECTION 4. IC 4-13-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. Ivy Tech State Community
College of Indiana may enter into such contracts as are necessary to
provide equipment for a data processing school on or off the premises
of Ivy Tech State Community College of Indiana or any of its regional
institutes.
SOURCE: IC 5-11-10-1; (05)SB0296.1.5. -->
SECTION 5. IC 5-11-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) This section
applies to the state and its political subdivisions. However, this section
does not apply to the following:
(1) The state universities.
(2) Ivy Tech State Community College of Indiana.
(3) A municipality (as defined in IC 36-1-2-11).
(4) A county.
(5) An airport authority operating in a consolidated city.
(6) A capital improvements board of managers operating in a
consolidated city.
(7) A board of directors of a public transportation corporation
operating in a consolidated city.
(8) A municipal corporation organized under IC 16-22-8-6.
(9) A public library.
(10) A library services authority.
(11) A hospital organized under IC 16-22 or a hospital organized
under IC 16-23.
(12) A school corporation (as defined in IC 36-1-2-17).
(13) A regional water or sewer district organized under IC 13-26
or under IC 13-3-2 (before its repeal).
(14) A municipally owned utility (as defined in IC 8-1-2-1).
(15) A board of an airport authority under IC 8-22-3.
(16) A conservancy district.
(17) A board of aviation commissioners under IC 8-22-2.
(18) A public transportation corporation under IC 36-9-4.
(19) A commuter transportation district under IC 8-5-15.
(20) A solid waste management district established under
IC 13-21 or IC 13-9.5 (before its repeal).
(21) A county building authority under IC 36-9-13.
(22) A soil and water conservation district established under
IC 14-32.
(b) No warrant or check shall be drawn by a disbursing officer in
payment of any claim unless the same has been fully itemized and its
correctness properly certified to by the claimant or some authorized
person in the claimant's behalf, and filed and allowed as provided by
law.
(c) The certificate provided for in subsection (b) is not required for:
(1) claims rendered by a public utility for electric, gas, steam,
water, or telephone services, the charges for which are regulated
by a governmental body;
(2) a warrant issued by the auditor of state under IC 4-13-2-7(b);
(3) a check issued by a special disbursing officer under
IC 4-13-2-20(g); or
(4) a payment of fees under IC 36-7-11.2-49(b) or
IC 36-7-11.3-43(b).
(d) The disbursing officer shall issue checks or warrants for all
claims which meet all of the requirements of this section. The
disbursing officer does not incur personal liability for disbursements:
(1) processed in accordance with this section; and
(2) for which funds are appropriated and available.
(e) The certificate provided for in subsection (b) must be in the
following form:
I hereby certify that the foregoing account is just and correct, that
the amount claimed is legally due, after allowing all just credits,
and that no part of the same has been paid.
SOURCE: IC 12-20-11-3; (05)SB0296.1.6. -->
SECTION 6. IC 12-20-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) If a poor relief
township assistance recipient, after referral by the township trustee,
is accepted and attends adult education courses under IC 20-10.1-7-1
or courses at Ivy Tech State Community College of Indiana
established by IC 20-12-61, the poor relief township assistance
recipient is exempt from performing work or searching for work for not
more than one hundred eighty (180) days.
(b) The township trustee may reimburse a poor relief township
assistance recipient for tuition expenses incurred in attending the
courses described in subsection (a) if the recipient:
(1) has a proven aptitude for the courses being studied;
(2) was referred by the trustee;
(3) does not qualify for other tax supported educational programs;
(4) maintains a passing grade in each course; and
(5) maintains the minimum attendance requirements specified by
the educational institution.
SOURCE: IC 20-8.1-3-25; (05)SB0296.1.7. -->
SECTION 7. IC 20-8.1-3-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25. Within fifteen (15)
school days after the beginning of each semester, the principal of every
public high school shall send to the superintendent with jurisdiction
over his school a list of names and last known addresses of all students
not graduated and not enrolled in the then current semester who were
otherwise eligible for enrollment. Each superintendent shall
immediately make available all lists received under this section to an
authorized representative of Ivy Tech State Community College of
Indiana and an authorized representative of an agency whose purpose
it is to enroll high school drop-outs in various training programs.
SOURCE: IC 20-8.1-3-26; (05)SB0296.1.8. -->
SECTION 8. IC 20-8.1-3-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 26. Each representative
of Ivy Tech State Community College of Indiana or agency identified
in section 25 of this chapter who is authorized to receive a list prepared
under section 25 of this chapter shall stipulate in writing that the list
will be used only for purposes of contacting prospective students or
prospective trainees. If a list is used for any other purpose, the college
or agency which the recipient represents shall be ineligible to receive
subsequent lists for a period of five (5) years.
SOURCE: IC 20-12-0.5-11; (05)SB0296.1.9. -->
SECTION 9. IC 20-12-0.5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. The commission
shall have no powers or authority relating to the management,
operation, or financing of Ball State University, Indiana University,
Indiana State University, Purdue University, Vincennes University, Ivy
Tech State Community College of Indiana, the University of Southern
Indiana, or any other state educational institution except as expressly
set forth in this chapter. All of the particulars, management, operations,
and financing of all state educational institutions shall remain
exclusively vested in the trustees or other governing boards or bodies
of these institutions.
SOURCE: IC 20-12-5.5-1; (05)SB0296.1.10. -->
SECTION 10. IC 20-12-5.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter:
"Higher education institution" means Indiana University, Purdue
University, Indiana State University, Vincennes University, Ball State
University, University of Southern Indiana, and Ivy Tech State
Community College of Indiana.
"Repair and rehabilitation project" means any project to repair,
rehabilitate, remodel, renovate, reconstruct, or finish existing facilities
or buildings; to improve, replace, or add utilities or fixed equipment;
and to perform site improvement work, whereby the exterior
dimensions of any existing facilities or buildings remain substantially
unchanged.
SOURCE: IC 20-12-6-1; (05)SB0296.1.11. -->
SECTION 11. IC 20-12-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The trustees of
Indiana University, the trustees of Purdue University, the Ball State
University board of trustees, the Indiana State University board of
trustees, the board of trustees for Vincennes University, the University
of Southern Indiana board of trustees, and the trustees of Ivy Tech
State
Community College
of Indiana (sometimes referred to in this chapter
collectively as "corporations" or respectively as "corporation") are
respectively authorized, from time to time as they find the necessity
exists, to acquire, erect, construct, reconstruct, improve, rehabilitate,
remodel, repair, complete, extend, enlarge, equip, furnish, and operate:
(1) any buildings, structures, improvements, or facilities;
(2) any utilities, other services, and appurtenances related to an
item described in subdivision (1) (including, but not limited to,
facilities for the production and transmission of heat, light, water
and power, sewage disposal facilities, streets and walks, and
parking facilities); and
(3) the land required for items described in subdivision (1) or (2);
as the governing boards of the corporations from time to time deem
necessary for carrying on the educational research, the public service
programs, or the statutory responsibilities of the educational
institutions and various divisions of the institutions under the
jurisdiction of the corporations respectively, or for the management,
operation, or servicing of the institutions, (the buildings, structures,
improvements, facilities, utilities, services, appurtenances, and land
being sometimes referred to in this chapter collectively as "building
facilities" or respectively as "building facility"). The building facilities
may be located at any place within Indiana at which the governing
board of the corporation determines the need exists for the building
facilities.
SOURCE: IC 20-12-9.5-1; (05)SB0296.1.12. -->
SECTION 12. IC 20-12-9.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter, "corporation" means the trustees of Indiana University, the
trustees of Purdue University, the University of Southern Indiana board
of trustees, the Ball State University board of trustees, the Indiana State
University board of trustees, the board of trustees for Vincennes
University, or the trustees of Ivy Tech State Community College of
Indiana.
SOURCE: IC 20-12-12-1; (05)SB0296.1.13. -->
SECTION 13. IC 20-12-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The trustees of
Indiana University, the trustees of Purdue University, the University of
Southern Indiana board of trustees, Ball State University board of
trustees, Indiana State University board of trustees, the board of
trustees of Vincennes University, the board of trustees of Ivy Tech
State Community College
of Indiana, and the board of directors of the
independent colleges and universities of Indiana (referred to
collectively in this chapter as the universities) are authorized, if they
find the need exists for a broad dissemination of a wide variety of
educational communications for the improvements and the
advancement of higher educational opportunity, to jointly arrange from
time to time, for a period not exceeding ten (10) years, for intelenet
services under IC 5-21 and for the use of a multipurpose, multimedia,
closed circuit, statewide telecommunications system furnished by
communications common carriers subject to the jurisdiction of the
utility regulatory commission to interconnect the main campuses and
the regional campuses of the universities and centers of medical
education and service.
(b) In addition to the closed circuit statewide telecommunications
system described in subsection (a), the universities shall establish, in
accordance with federal copyright law, a videotape program to provide
for the advancement of higher education opportunity and
individualized access to higher education programs. As part of the
program, the universities may make available a wide variety of higher
education courses in videotape form. The universities shall make the
videotapes available to the public by any means of public or private
distribution that they determine to be appropriate, including sale or
lease. The universities may determine policy and establish procedures
in order to administer this program. The universities shall maintain and
keep current a listing of all videotapes.
(c) The transmission system shall be for the exclusive use of the
universities. However, the universities may permit the use of the
transmission system, or any portion of the transmission system, by
others under section 4 of this chapter.
SOURCE: IC 20-12-21-3; (05)SB0296.1.14. -->
SECTION 14. IC 20-12-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. As used in this
chapter:
(1) "Academic year" means the period from September 1 of a year
through August 31 of the next succeeding year.
(2) "Approved institution of higher learning" means the
following:
(A) An educational institution that operates in the state and:
(i) provides an organized two (2) year or longer program of
collegiate grade directly creditable toward a baccalaureate
degree;
(ii) is either operated by the state or operated not-for-profit;
and
(iii) is accredited by a recognized regional accrediting
agency or by the commission on proprietary education.
(B) Ivy Tech State Community College of Indiana.
(C) A hospital which operates a nursing diploma program
which is accredited by the Indiana state board of nursing.
(D) A postsecondary proprietary educational institution that
meets the following requirements:
(i) Is incorporated in Indiana, or is registered as a foreign
corporation doing business in Indiana.
(ii) Is fully accredited by and is in good standing with the
commission on proprietary education.
(iii) Is accredited by and is in good standing with a regional
or national accrediting agency.
(iv) Offers a course of study that is at least eighteen (18)
consecutive months in duration (or an equivalent to be
determined by the commission on proprietary education) and
that leads to an associate or a baccalaureate degree
recognized by the commission on proprietary education.
(v) Is certified to the commission by the commission on
proprietary education as meeting the requirements of this
clause.
(3) "Approved secondary school" means a public high school
located in the state and any school, located in or outside the state,
that in the judgment of the superintendent provides a course of
instruction at the secondary level and maintains standards of
instruction substantially equivalent to those of public high schools
located in the state.
(4) "Caretaker relative" means a relative by blood or law who
lives with a minor and exercises parental responsibility, care, and
control over the minor in the absence of the minor's parent.
(5) "Commission" means the state student assistance commission
established by this chapter.
(6) "Commission on proprietary education" refers to the Indiana
commission on proprietary education established under
IC 20-1-19-2.
(7) "Educational costs" means tuition and regularly assessed fees.
(8) "Enrollment" means the establishment and maintenance of an
individual's status as an undergraduate student in an institution of
higher learning.
(9) "Higher education award" means a monetary award.
(10) "Postsecondary proprietary educational institution" has the
meaning set forth in IC 20-1-19-1.
(11) "Superintendent" means the state superintendent of public
instruction.
SOURCE: IC 20-12-21-6.1; (05)SB0296.1.15. -->
SECTION 15. IC 20-12-21-6.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6.1. (a) A student who:
(1) participates in:
(A) a nursing diploma program which is accredited by the
Indiana state board of nursing and operated by a hospital;
(B) a technical certificate or associate degree program at Ivy
Tech
State Community College
of Indiana; or
(C) an associate degree program at a postsecondary proprietary
educational institution that meets the requirements of section
3(2)(D) of this chapter; and
(2) meets the requirements of section 6 of this chapter, except the
requirement of satisfactory progress toward a first baccalaureate
degree set forth in section 6(a)(5) of this chapter;
is eligible to receive a state higher education award under this chapter.
However, such a student must make satisfactory progress toward
obtaining the diploma, technical certificate, or associate degree to
remain eligible for the award.
(b) The maximum amount of a grant that may be offered to an
eligible student in a program at an institution of higher learning
described in section 3(2)(D) of this chapter is equal to the maximum
amount of an award the student could receive under this chapter if the
student were enrolled at Ivy Tech State Community College of
Indiana.
SOURCE: IC 20-12-61-1; (05)SB0296.1.16. -->
SECTION 16. IC 20-12-61-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. It shall be the
primary purpose of this chapter to provide educational opportunities to:
(1) students who require additional education before enrolling in
college level courses at either a two (2) year or a four (4) year
institution;
(2) those who have graduated from high school but are either not
interested in attending a four (4) year college or and are more
interested and naturally equipped to continue in continuing their
education in an a general, liberal arts, occupational, or technical
program at a two (2) year, nonresidential college;
(3) those who have graduated from high school and want to
earn credits that will transfer to a four (4) year college;
(3) (4) those students who do not complete work at a four (4) year
college or who are referred by a four (4) college to Ivy Tech;
(4) (5) those students who complete their work at a four (4) year
college but would like to supplement that education to improve
existing skills or acquire new skills; and
(5) (6) adult workers needing and desiring retraining or additional
training of an occupational or technical nature for the workplace.
SOURCE: IC 20-12-61-1.2; (05)SB0296.1.17. -->
SECTION 17. IC 20-12-61-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.2. As used in this
chapter, "Ivy Tech" refers to Ivy Tech State Community College of
Indiana.
SOURCE: IC 20-12-61-2; (05)SB0296.1.18. -->
SECTION 18. IC 20-12-61-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There shall be,
and hereby is created and established, a two (2) year state college to be
devoted primarily to providing the following:
(1) Educational opportunities
that are occupational or technical in
nature for the citizens of Indiana
under as described in section 1
of this chapter.
(2) Assessment and training services described in subsection (b).
(b) Ivy Tech
State Community College
of Indiana shall help
promote education and economic development by providing
assessment and training services for the citizens of Indiana that include,
but are not limited to, the following:
(1) Determining the skills needed for specific jobs.
(2) Determining whether particular individuals have the skills
needed to:
(A) do specific jobs; or
(B) qualify for specific skill certifications.
(3) Developing and delivering training programs designed to help
individuals:
(A) acquire the skills needed to do specific jobs;
(B) obtain specific skill certifications; or
(C) improve the quality of the individual's work product.
(c) The community college policy committee shall not consider the
provision of assessment and training services by Ivy Tech State College
that are authorized by subsection (b) in developing a community
college system under IC 20-12-75. Ivy Tech State College is not
granted any rights by subsection (b) with respect to the community
college system and shall not use the provision of assessment and
training services authorized by subsection (b) in negotiating or
developing any aspect of the community college system.
SOURCE: IC 20-12-61-3; (05)SB0296.1.19. -->
SECTION 19. IC 20-12-61-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Said educational
institution shall be called "Ivy Tech State Community College of
Indiana", but authority is hereby given to its governing board of
trustees, as hereinafter described, to change the name of the institution,
with the approval of the governor of the state of Indiana.
SOURCE: IC 20-12-61-5; (05)SB0296.1.20. -->
SECTION 20. IC 20-12-61-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The state board
is a body corporate and politic and shall be known by the name of "The
Trustees of Ivy Tech State Community College of Indiana", except
when the name is altered, as provided in this chapter. In the corporate
name and capacity the state board may sue and be sued, plead and be
impleaded, in any court of record, and by that name shall have
perpetual succession.
(b) The state board has responsibility for the management and
policies of Ivy Tech and its regional institutes within the framework of
laws enacted by the general assembly. The state board shall select and
employ a president of the institution, with qualifications set out, and
other staff and professional employees as are required.
SOURCE: IC 20-12-61-9; (05)SB0296.1.21. -->
SECTION 21. IC 20-12-61-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. The state board has
the following powers and duties:
(1) Initiating, promoting, inaugurating, and developing
occupational and technical education programs in a manner
consistent with sections 1 through 2 of this chapter.
(2) Operating, either through committee or through subordinate
corporate entities, statewide general, liberal arts, occupational,
and technical education programs, which in its opinion should be
established due to the specialized nature of the programs, the
limited number of students involved, or other unique features
requiring special attention.
(3) Contracting with appropriate education institutions, including
local public schools or other agencies, to carry out specific
programs which can best and most economically be provided
through this approach.
(4) Dividing the state into appropriate regions, taking into
consideration, but not limited to, factors such as population,
potential enrollment, tax bases, and driving distances, and
developing an overall state plan which provides for the orderly
development of regional technical institutes encompassing,
ultimately, all parts of the state into a coordinated system
providing a comprehensive program of post-high school general,
liberal arts, occupational, and technical education.
(5) Whenever a regional institute is established, issuing a
certificate of incorporation and a charter, in a form that the state
board provides, to the regional institute, assisting and supervising
the development of a regional plan, and coordinating regional
programs to avoid unnecessary and wasteful duplication.
(6) Making biennial studies of the budget requirements of the
regional institutes and of its own programs and preparing a
budget, including anticipated revenues and providing for the
construction or rental of facilities requisite to carrying out the
needs of Ivy Tech.
(7) Performing or contracting for the performance of an audit of
the financial records of each regional institute on at least a
biennial basis.
SOURCE: IC 20-12-61-12; (05)SB0296.1.22. -->
SECTION 22. IC 20-12-61-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) A regional
board shall do the following:
(1) Make a careful analysis of the educational needs and
opportunities of the region.
(2) Develop and recommend to the state board, a plan for
providing postsecondary
general, liberal arts, occupational, and
technical education for the people of that region.
(3) Develop and recommend a budget for regional programs and
operations.
(4) Identify and recommend alternative methods of acquiring or
securing facilities and equipment necessary for the delivery of
effective regional programs.
(5) Facilitate and develop regional cooperation with employers,
community leaders, economic development efforts, area
vocational centers, and other public and private education and
training entities in order to provide postsecondary general,
liberal arts, and occupational and technical education and
training in an efficient and cost effective manner and to avoid
duplication of services.
(6) Determine through evaluation, studies, or assessments the
degree to which the established training needs of the region are
being met.
(7) Make recommendations to the state board concerning policies
that appear to substantially affect the regional board's capacity to
deliver effective and efficient programming.
(b) A regional board may do the following:
(1) Adopt, amend, or repeal bylaws for the regional institute,
subject to the approval of the state board.
(2) Make recommendations to the state board concerning
amendments to the charter of the regional institute.
SOURCE: IC 20-12-61-13; (05)SB0296.1.23. -->
SECTION 23. IC 20-12-61-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. (a) In addition to
the duties described in section 9 of this chapter, the state board may do
the following:
(1) Hold, encumber, control, acquire by donation or purchase,
construct, own, lease, use, and sell real and personal property as
is necessary for the conduct of its program of operation, on
whatever terms and for whatever consideration may be
appropriate.
(2) Accept gifts, grants, bequests, and devises absolutely and in
trust for support of the college or its programs.
(3) Develop and adopt the appropriate programs to be offered.
(4) Develop a statewide salary structure and classification system,
including provisions for employee group insurance, employee
benefits, and personnel policies.
(5) Employ the chief administrator of a regional institute.
(6) Authorize the chief administrator of a regional institute to
employ the necessary personnel for the regional institute,
determine their qualifications, and fix their compensation in
accordance with statewide policies established under subdivision
(4).
(7) Grant appropriate certificates of achievement and associate
degrees,
including associate of applied science, associate of
science, and associate of arts degrees, to students who complete
prescribed and authorized courses or series of courses.
(8) Prescribe rules for the effective operation of a statewide
program and exercise other powers that are necessary for the
efficient management of the program.
(9) Establish a schedule of fees or charges for students and
provide scholarships and remission of fees in proper cases.
(10) Authorize, approve, enter into, ratify, or confirm any
agreement relating to a statewide program or a regional institute
with the United States government, acting through any agency of
the government designated or created to aid in the financing of
such projects, or with any person, organization, or agency offering
contracts or grants-in-aid financing the educational facilities or
the operation of the facilities and programs.
(11) Establish written policies for the investment of the funds of
Ivy Tech in the manner provided by IC 30-4-3-3.
(b) Before taking any action under subsection (a)(1), (a)(3), (a)(5),
or (a)(8) that would substantially affect a regional institute, the state
board shall request recommendations concerning the proposed action
from the regional board for that region.
(c) Upon request of a regional board that has submitted
recommendations under subsection (b) or section 12(a)(7) of this
chapter, the state board shall conduct public hearings concerning the
recommendations at a regular or special meeting of the state board.
SOURCE: IC 20-12-65-1; (05)SB0296.1.24. -->
SECTION 24. IC 20-12-65-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) As used in this
chapter, "enabling statute" means the following:
(1) In the case of the Ball State University board of trustees, one
(1) or more of the following:
IC 20-12-5.5.
IC 20-12-6.
IC 20-12-7.
IC 20-12-8.
IC 20-12-9.
IC 20-12-14.
(2) In the case of the trustees of Indiana University, one (1) or
more of the following:
IC 20-12-5.5.
IC 20-12-6.
IC 20-12-7.
IC 20-12-8.
IC 20-12-9.
IC 20-12-14.
(3) In the case of the Indiana State University board of trustees,
one (1) or more of the following:
IC 20-12-5.5.
IC 20-12-6.
IC 20-12-7.
IC 20-12-8.
IC 20-12-9.
IC 20-12-14.
(4) In the case of the trustees of Ivy Tech State Community
College of Indiana, one (1) or more of the following:
IC 20-12-5.5.
IC 20-12-6.
(5) In the case of the trustees of Purdue University, one (1) or
more of the following:
IC 20-12-5.5.
IC 20-12-6.
IC 20-12-7.
IC 20-12-8.
IC 20-12-9.
IC 20-12-14.
(6) In the case of the board of trustees for Vincennes University,
one (1) or more of the following:
IC 20-12-5.5.
IC 20-12-6.
IC 23-13-18.
(7) In the case of the University of Southern Indiana board of
trustees, one (1) or more of the following:
IC 20-12-5.5.
IC 20-12-6.
IC 20-12-7.
IC 20-12-9.
(b) As used in this chapter, "qualified institution" means any of the
following:
(1) Ball State University board of trustees.
(2) Trustees of Indiana University.
(3) Indiana State University board of trustees.
(4) Trustees of Ivy Tech State Community College of Indiana.
(5) Trustees of Purdue University.
(6) Board of trustees for Vincennes University.
(7) University of Southern Indiana board of trustees.
SOURCE: IC 20-12-70-10; (05)SB0296.1.25. -->
SECTION 25. IC 20-12-70-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) Money in the
fund shall be used to provide annual tuition scholarships to scholarship
applicants who qualify under section 11(a) of this chapter in an amount
that is equal to the lowest of the following amounts:
(1) If the scholarship applicant attends a state educational
institution (as defined in IC 20-12-0.5-1) that satisfies the
requirements of subsection (c) and:
(A) receives no other financial assistance specifically
designated for tuition and other regularly assessed fees, a full
tuition scholarship to the state educational institution; or
(B) receives other financial assistance specifically designated
for tuition and other regularly assessed fees, the balance
required to attend the state educational institution not to
exceed the amount described in clause (A).
(2) If the scholarship applicant attends a private institution of
higher education (as defined in IC 20-12-63-3) that satisfies the
requirements of subsection (c) and:
(A) receives no other financial assistance specifically
designated for tuition and other regularly assessed fees, an
average of the full tuition scholarship amounts of all state
educational institutions not including Ivy Tech State
Community College of Indiana; or
(B) receives other financial assistance specifically designated
for tuition and other regularly assessed fees, the balance
required to attend the college or university not to exceed the
amount described in clause (A).
(3) If the scholarship applicant attends a postsecondary
proprietary educational institution (as defined in IC 20-1-19-1)
that satisfies the requirements of subsection (c) and:
(A) receives no other financial assistance specifically
designated for tuition and other regularly assessed fees, the
lesser of:
(i) the full tuition scholarship amounts of Ivy Tech State
Community College of Indiana; or
(ii) the actual tuition and regularly assessed fees of the
institution; or
(B) receives other financial assistance specifically designated
for tuition and other regularly assessed fees, the balance
required to attend the institution not to exceed the amount
described in clause (A).
(b) Each tuition scholarship awarded under this chapter is renewable
under section 11(b) of this chapter for a total scholarship award that
does not exceed the equivalent of eight (8) semesters.
(c) An institution of higher learning attended by an applicant
described in subsection (a) must satisfy the following requirements:
(1) Be accredited by an agency that is recognized by the Secretary
of the United States Department of Education.
(2) Operate an organized program of postsecondary education
leading to an associate or a baccalaureate degree on a campus
located in Indiana.
(3) Be approved by the commission:
(A) under rules adopted under IC 4-22-2; and
(B) in consultation with the commission on proprietary
education, if appropriate.
SOURCE: IC 20-12-75-4; (05)SB0296.1.26. -->
SECTION 26. IC 20-12-75-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) A statewide
community college system is established. as a coordinated partnership
of Vincennes University and Ivy Tech State College that: The system
consists of the campuses and other instructional sites of Ivy Tech
Community College of Indiana and the various courses, programs,
and services provided by the college throughout Indiana. As
Indiana's community college system, Ivy Tech Community College
of Indiana shall:
(1) offers offer a community college curriculum, including:
(A) general education;
(B) liberals arts; and
(C) occupational and technical education;
at all of its major instructional sites; of Ivy Tech State College;
and
(2) provides provide an opportunity for students to earn associate
degrees that are accepted by four (4) year colleges and
universities.
(b) Notwithstanding any provision of this chapter, no courses may
be offered by the community college system established by this section
before January 1, 2000.
SOURCE: IC 22-4-18-6; (05)SB0296.1.27. -->
SECTION 27. IC 22-4-18-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The department
shall develop a uniform system for assessing workforce skills strengths
and weaknesses in individuals.
(b) The uniform assessment system shall be used at the following:
(1) Workforce development centers under IC 22-4-42 if
established.
(2) Ivy Tech State Community College of Indiana under
IC 20-12-61.
(3) Vocational education (as defined in IC 20-1-18.3-5) programs
at the secondary level.
SOURCE: IC 22-4-42-3; (05)SB0296.1.28. -->
SECTION 28. IC 22-4-42-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Ivy Tech State
Community College of Indiana and secondary level technical
education program providers shall offer the services described in
section 2(1) through 2(4) of this chapter.
SOURCE: IC 20-12-75-5; IC 20-12-75-6; IC 20-12-75-7; IC 20-12-
75-8; IC 20-12-75-9; IC 20-12-75-10; IC 20-12-75-11; IC 20-12-75-
12; IC 20-12-75-13.
; (05)SB0296.1.29. -->
SECTION 29. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2005]: IC 20-12-75-5; IC 20-12-75-6; IC 20-12-75-7;
IC 20-12-75-8; IC 20-12-75-9; IC 20-12-75-10; IC 20-12-75-11;
IC 20-12-75-12; IC 20-12-75-13.
SOURCE: ; (05)SB0296.1.30. -->
SECTION 30. [EFFECTIVE JULY 1, 2005]
(a) This act applies to
academic terms that begin after June 30, 2005.
(b) This SECTION expires January 1, 2006.