Indiana Code Title 20. Education § 20-26-5-2

Sec. 2. (a) Notwithstanding section 1 of this chapter, except as provided in subsection (c), a school corporation shall do one (1) of the following:

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.

(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:

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.

(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: