1. (a) Notwithstanding section 1 of this chapter, except as provided in subsection (c), a school corporation shall do one (1) of the following:

   1. (1) Conduct a school age child care program (commonly referred to as a latch key program) for children who attend, except as otherwise provided in this subsection, kindergarten through grade 6 that, at a minimum:

      1. (A) operates after the school day and may include periods before school is in session or periods when school is not otherwise in session and is offered by the school corporation; and
      2. (B) is available to all children in the applicable grade levels within the school corporation.

   2. (2) Contract with a nonprofit or for-profit organization to:

      1. (A) conduct the type of program described in subdivision (1); and

      2. (B) use school buildings or parts of school buildings in conducting the program.

         A contract entered into under this subdivision must be in writing.

         If a school corporation provides preschool, the school corporation may allow preschool students to participate in the school corporation's school age child care program (commonly referred to as a latch key program) described in subdivision (1). A school corporation is not required to conduct the school corporation's child care program or to contract for a child care program for children who attend preschool offered by the school corporation, if applicable, or kindergarten students at times when grades 1 through 6 are in session.

2. (b) A school corporation shall develop a written policy that addresses compliance with certain standards of reasonable care for children served by a child care program required under subsection (a), including the following:

   1. (1) Requiring the offering entity to acquire a particular amount of liability insurance.

   2. (2) Establishing maximum adult to child ratios governing the overall supervision of the children served.

      A school corporation may not assess a fee for the use of a building for a child care program required under subsection (a). However, the school corporation may assess a fee to reimburse the school corporation for providing security, maintenance, utilities, school personnel, or other costs directly attributable to the use of a building for a child care program. If a school corporation conducts a child care program under subsection (a)(1), the school corporation may assess a fee to cover costs attributable to implementing the program.

3. (c) A school corporation shall receive a waiver from the state board of the requirement under subsection (a) if the school corporation believes that the school corporation would experience an undue hardship due to a low number of eligible children intending to use a child care program, regardless of whether the child care program is conducted by the school corporation or under a contractual agreement. To receive a waiver, the school corporation must include a detailed description of the school corporation's attempt to implement a child care program, including the following:

   1. (1) A description of the steps taken to:

      1. (A) conduct a child care program described in subsection (a)(1); or
      2. (B) actively solicit nonprofit organizations or for-profit organizations to implement a child care program as provided in subsection (a)(2).

   2. (2) Evidence that a request in writing was made to each parent to contact the school corporation to indicate the parent's willingness to use a child care program and documentation of the results received from parents.

      [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-1.5.]

As added by P.L.1-2005, SEC.10. Amended by P.L.82-2017, SEC.2.