Sec. 12.5. (a) Before September 15 of the first year of the state budget biennium, the department shall provide the parties with an estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining in the school corporation from the school funding formula.

(b) Within thirty (30) days after the date of the fall count of ADM of the school year in the first year of the state budget biennium, the department shall provide the parties with a certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining from the school funding formula. If the parties do not receive a certified estimate from the department within thirty (30) days after the fall count of ADM, the parties may use the school corporation's estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available based on the school corporation's fall count of ADM for purposes of collective bargaining. However, if the parties subsequently receive the certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining before an impasse is declared, the parties shall use the certified general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue from the school funding formula for purposes of collective bargaining.

(c) A school employer for which the voters have passed a general fund operating referendum (before January 1, 2019), an operating referendum tax levy (after December 31, 2018) under IC 20-46-1, or a school safety referendum tax levy under IC 20-46-9 must have that amount certified by the department of local government finance.

(d) A school employer that passes a resolution under section 3(c) of this chapter to consider a portion or percentage of money transferred from the school employer's operations fund to the education fund as education fund revenue for purposes of determining whether an agreement places a school corporation in a position of deficit financing must submit a copy of the resolution to the department of local government finance on or before November 1. The resolution shall include:

(1) all transfers between the operations fund and the education fund; and

(2) a statement regarding whether or not the transfer is for the purpose of funding teacher contracts.

(e) The school corporation must obtain the certification described in subsection (c) before the conclusion of bargaining. The certifications or estimate described in subsection (b) must be the basis for determinations throughout impasse proceedings under this chapter.

As added by P.L.48-2011, SEC.21. Amended by P.L.229-2011, SEC.179; P.L.205-2013, SEC.254; P.L.213-2015, SEC.190; P.L.214-2017, SEC.3; P.L.244-2017, SEC.57; P.L.211-2019, SEC.25; P.L.254-2019, SEC.3; P.L.272-2019, SEC.6.