Bill Text: IN HB1321 | 2012 | Regular Session | Introduced
Bill Title: School corporation accountability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Education [HB1321 Detail]
Download: Indiana-2012-HB1321-Introduced.html
Citations Affected: IC 20-23; IC 20-25-3-4; IC 20-31.
Synopsis: School corporation accountability. Requires the state board
of education (state board) to develop and perform an annual analysis
showing how school corporation spending correlates to student
progress. Requires the department of education to include a copy of the
annual analysis on the department's Internet web site. Requires a
governing body of a school corporation in the first year that the school
corporation is placed in the lowest two categories or designations of
improvement to hold a public hearing. Requires the governing body to
revise a school's strategic and continuous school improvement plan.
Requires a state board to assign an expert team to review a school
corporation in the second year that the school corporation is placed in
the lowest two categories or designations of improvement. Requires the
state board to hold a public meeting to consider state intervention in the
third year that the school corporation is placed in the lowest category
or designation of improvement. Requires the state board to hold a
public meeting to consider state intervention in the fourth year that the
school corporation is placed in the lowest two categories or
designations of improvement. Provides that after the public meeting,
the state board may: (1) merge the school corporation with a nearby
school corporation; (2) assign a special management team or lead
partner to operate all or part of the school corporation; (3) implement
the department's recommendations for improving the school
corporation; (4) dissolve the governing board of the school corporation
and install a state appointed board; (5) transfer the school corporation's
authority to another entity; (6) require state board approval of the
school corporation's annual budget; or (7) implement other options for
school corporation intervention. Makes conforming amendments.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) If the members of the governing body are to be appointed, they shall be appointed in accordance with one (1) of the options described in subsection (c). The option must be set out in the plan with sufficient description to permit the plan to be operable with respect to each community school corporation. The description may be partly or wholly by reference to the applicable option provided in this section.
(c) The options described in subsection (b) are the following:
(1) Members of the governing body may reside anywhere in the community school corporation.
(2) The community school corporation shall be divided into two (2) or more governing body member districts, any one (1) of which may embrace the entire community school corporation. Each member:
(A) serves from a particular district; and
(B) must be a resident of the district.
The plan must set out the number to be appointed from each district and may provide for an equal number of members from each district.
(d) The plan, under either option in subsection (c), may provide that the first appointments of the governing body members are for staggered terms of not more than four (4) years. Thereafter, except as provided in IC 20-31-9-8 and IC 20-31-9-9, appointments shall be made for terms of four (4) years. All terms of office for appointive governing body members expire June 30 in the applicable year.
(e) A plan providing for the appointment of members of the governing body must designate the appointing authority. The authority may be the same for each governing body member and must be one (1) or more of the following:
(1) The judge of the circuit or superior court.
(2) The city executive.
(3) The legislative body of a city.
(4) The board of commissioners of a county.
(5) The county fiscal body.
(6) The town legislative body.
(7) The township executive.
(8) The township legislative body.
(9) A township executive and legislative body jointly.
(10) More than one (1) township executive and legislative body jointly.
(f) If an appointment is to be made by:
(1) a body, the appointment must be made by a majority vote of the body in official session;
(2) township executives, the appointment must be made by a majority vote of the executives taken in joint session; and
(3) township legislative bodies, the appointment must be made by a majority vote of the total number of township legislative body members by a majority vote of the members, taken in joint session.
(g) If a member of the governing body, whether of the interim governing body or regular governing body, is to be appointed, and the beginning of the appointive member's term of office coincides with the
date an individual assumes the office of the official who is to make the
appointment, the appointment shall be made by the latter individual. If
the appointing official or body fails to appoint a member of the first
governing body within five (5) days after a community school
corporation comes into being, or, for members appointed after the first
board is appointed, within five (5) days after a member is to take office,
the member of the governing body shall be appointed:
(1) by the judge of the circuit court; or
(2) in the case of a united school corporation, by the judge of the
circuit court of the county having the most students enrolled in the
united school corporation.
(b) If a tie vote occurs among any of the candidates, the tie vote shall be resolved under IC 3-12-9-4.
(c) If after the first governing body takes office, there is a vacancy on the governing body for any reason, including the failure of the sufficient number of petitions for candidates being filed, whether the vacating member was elected or appointed, the remaining members of the governing body, whether or not a majority of the governing body, shall by a majority vote fill the vacancy by appointing a person from within the boundaries of the community school corporation to serve for the term or balance of the term. An individual appointed under this subsection must possess the qualifications provided for a regularly elected or appointed governing body member filling the office. If:
(1) a tie vote occurs among the members of the governing body under this subsection or IC 3-12-9-4; or
(2) the governing body fails to act within thirty (30) days after any vacancy occurs;
the judge of the circuit court in the county where the majority of registered voters of the school corporation reside shall make the appointment.
(d) A vacancy in the governing body occurs if a member ceases to be a resident of any community school corporation. A vacancy does not occur when the member moves from a district of the school corporation from which the member was elected or appointed if the member continues to be a resident of the school corporation.
(e) At the first general election in which members of the governing body are elected:
(1) a simple majority of the candidates elected as members of the
governing body who receive the greatest number of votes shall be
elected for four (4) year terms; and
(2) the balance of the candidates elected as members of the
governing body receiving the next greatest number of votes shall
be elected for two (2) year terms.
Thereafter, except as provided in IC 20-31-9-8 and IC 20-31-9-9, all
school board members shall be elected for four (4) year terms.
(f) Elected governing body members take office and assume their
duties on January 1 after their election.
(b) Each nominee for the board must file a petition of nomination signed by the nominee and by ten (10) registered voters residing in the same board member district as the nominee. The petition must be filed in accordance with IC 3-8-2.5 with the circuit court clerk of each county in which the metropolitan school district is located.
(c) Nominees for the board shall be listed on the general election ballot:
(1) in the form prescribed by IC 3-11-2;
(2) by board member districts; and
(3) without party designation.
The ballot must state the number of board members to be voted on and the maximum number of members that may be elected from each board member district as provided under section 5 of this chapter. A ballot that contains more votes than the maximum number allowed from a board member district is invalid.
(d) The precinct election boards in each county serving at the general election shall conduct the election for school board members.
(e) Voting and tabulation of votes shall be conducted in accordance with IC 3, and the candidates who receive the most votes are elected to the board.
(f) If there are more candidates from a particular board member district than may be elected from the board member district under section 5 of this chapter:
(1) the number of candidates elected is the greatest number that may be elected from the board member district;
(2) the candidates elected are those who, among the candidates
from the board member district, receive the most votes; and
(3) the other candidates from the board member district are
eliminated.
(g) If there is a tie vote among the candidates for the board, the
judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of the candidates who shall be declared and certified elected.
(h) If, at any time after the first board member election, a vacancy
on the board occurs for any reason, including an insufficient number of
petitions for candidates being filed, and regardless of whether the
vacating member was elected or appointed, the remaining members of
the board, whether or not a majority of the board, shall by a majority
vote fill the vacancy by:
(1) appointing a person from the board member district from
which the person who vacated the board was elected; or
(2) if the person was appointed, appointing a person from the
board member district from which the last elected predecessor of
the person was elected.
If a majority of the remaining members of the board is unable to agree
or the board fails to act within thirty (30) days after a vacancy occurs,
the judge of the circuit court in the county where the majority of
registered voters of the metropolitan school district reside shall make
the appointment.
(i) At a general election held on the earlier of:
(1) more than sixty (60) days after an elected board member
vacates membership on the board; or
(2) immediately before the end of the term for which the vacating
member was elected;
a successor to a board member appointed under subsection (h) shall be
elected. Unless the successor takes office at the end of the term of the
vacating member, the member shall serve only for the balance of the
vacating member's term. In an election for a successor board member
to fill a vacancy for a two (2) year balance of a term, candidates for
board membership need not file for or with reference to the vacancy.
However, as required by IC 3-11-2, candidates for at-large seats must
be distinguished on the ballot from candidates for district seats. If there
is more than one (1) at-large seat on the ballot due to this vacancy, the
elected candidate who receives the fewest votes at the election at which
the successor is elected shall serve for a two (2) year term.
(j) At the first general election where members of the board are
elected under this section, the elected candidates who constitute a
simple majority of the elected candidates and who receive the most
votes shall be elected for four (4) year terms, and the other elected
candidates shall be elected for two (2) year terms.
(k) Except as provided in IC 20-31-9-8 and IC 20-31-9-9, board
members shall be elected for four (4) year terms after the first election
and shall take office January 1 following their election.
(b) The term of each person elected to serve on the governing body begins the January 1 that next follows the person's election.
(b) Except as provided in IC 20-31-9-8 and IC 20-31-9-9, the voters of the school corporation shall elect the members of the governing body at a general election for a term of four (4) years. The members shall be elected from the city at large without reference to district.
(c) Each candidate for election to the governing body must file a petition of nomination with the county election board in each county in which a school corporation subject to this chapter is located. The petition of nomination must comply with IC 3-8-2.5 and the following requirements:
(1) The petition must be signed by at least two hundred (200) legal voters of the school corporation.
(2) Each petition may nominate only one (1) candidate.
(3) The number of petitions signed by a legal voter may not exceed the number of school trustees to be elected.
(d) After all the petitions described in subsection (c) are filed with the county election board, the board shall publish the names of those nominated in accordance with IC 5-3-1 and shall certify the nominations in the manner required by law. IC 3 governs the election to the extent that it is not inconsistent with this chapter.
(e) The county election board shall prepare the ballot for the general election at which members of the governing body are to be elected so that the names of the candidates nominated appear on the ballot:
(1) in alphabetical order;
(2) without party designation; and
(3) in the form prescribed by IC 3-11-2.
(f) The county election board shall not publish or place on the ballot the name of a candidate who is not eligible under this chapter for membership on the governing body.
(g) Each voter may vote for as many candidates as there are members of the governing body to be elected.
(b) The term of each person elected to serve on the governing body begins on the January 1 that next follows the person's election.
(1) begins the person's term on January 1 of the year following the person's election; and
(2) serves a four (4) year term.
(b) The two (2) members of the governing body who were last selected under the selection process in effect for the school corporation before a referendum is held under this chapter shall serve as at-large members through December 31 of the year in which the second general election is held to elect members of the governing body under this chapter. However, if this subsection applies to more than two (2) members, the circuit court judge for the county shall select two (2) of these members to serve as at-large members through December 31 of the year in which the second general election is held to elect members of the governing body under this chapter.
(c) The terms of all other members of the governing body who were selected to serve on the governing body before a referendum is held under this chapter expire December 31 of the year in which the referendum is held.
(d) In the initial general election held to elect members of the governing body under this chapter, five (5) of the members shall be elected by voters from their districts as follows:
(1) Three (3) of the members elected shall serve for four (4) year terms.
(2) Two (2) of the members elected shall serve for two (2) year terms.
(e) In the second general election held to elect members of the governing body under this chapter, four (4) of the members shall be elected as follows:
(1) Two (2) of the members shall be elected by voters from their district and shall serve four (4) year terms.
(2) Two (2) of the members shall be elected at large and shall serve four (4) year terms.
(1) must be elected on a nonpartisan basis in general elections held in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school board districts in which the members reside, and two (2) members must be elected at large. Not more than two (2) of the members who serve on the board may reside in the same school board district.
(c) If a candidate runs for one (1) of the district positions on the board, only eligible voters residing in the candidate's district may vote for that candidate. If a person is a candidate for one (1) of the at-large positions, eligible voters from all the districts may vote for that candidate.
(d) If a candidate files to run for a position on the board, the candidate must specify whether the candidate is running for a district or an at-large position.
(e) A candidate who runs for a district or an at-large position wins if the candidate receives the greatest number of votes of all the candidates for the position.
(f) Districts shall be established within the school city by the state
board. The districts must be drawn on the basis of precinct lines, and
as nearly as practicable, of equal population with the population of the
largest district not to exceed the population of the smallest district by
more than five percent (5%). District lines must not cross precinct
lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins the
individual's term on January 1 immediately following the individual's
election.
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.
school corporations that do not show improvement and in which less
than ninety percent (90%) of the students meet academic standards in
the lowest category or designation.
(b) The department shall include a copy of the annual analysis on the department's Internet web site.
(c) The state board shall adopt rules under IC 4-22-2 to implement this section.
(b) The state board shall place the school corporation on notice that it is in one (1) of the two (2) lowest categories or designations of improvement. Upon receiving the notice, the governing body shall:
(1) issue a public notice of the corporation's lack of improvement; and
(2) hold a public hearing in which public testimony is received concerning the lack of improvement.
The governing body shall send a copy of the meeting minutes to the state board not later than forty-five (45) days after the public meeting.
(c) The governing body shall revise a school's strategic and continuous school improvement plan under IC 20-31-5. A revision of a school's strategic and continuous school improvement plan may include any of the following:
(1) Shifting resources.
(2) Changing personnel.
(3) Requesting the state board to assist in the development of a new strategic and continuous school improvement plan.
a school corporation's initial placement in either of the two (2)
lowest categories or designations, a school corporation remains in
either of the two (2) lowest categories or designations.
(b) The state board shall establish an expert team and assign the
team to the school corporation to conduct a quality review of the
school corporation. The expert team:
(1) must include representatives from the community or
region that the school serves; and
(2) may include:
(A) school superintendents, members of a school
corporation's governing body, and teachers from a school
corporation that is in a high category of designation; and
(B) special consultants or advisors.
(c) The expert team shall assist the school corporation:
(1) in revising a school's strategic and continuous
improvement plan; and
(2) implementing specific improvements in performance
measures determined by the department.
(d) A school corporation to which this section applies remains
subject to this section until the school corporation:
(1) is placed in a category or designation other than the lowest
two (2) categories or designations for two (2) consecutive
years; or
(2) becomes subject to section 8 or 9 of this chapter.
(b) The state board shall hold at least one (1) public hearing in the school corporation to take testimony concerning the feasibility of taking any of the following actions for providing a quality education to the affected students in the school corporation:
(1) Merging the school corporation with a nearby school corporation that is not in the lowest two (2) categories or designations.
(2) Assisting a special management team or lead partner to operate all or part of the school corporation.
(3) Implementing the department's recommendations for improving the school corporation.
(4) Dissolving the governing board of the school corporation
and installing a state appointed governing board.
(5) Transferring the school corporation's authority to another
entity.
(6) Requiring state board approval of the school corporation's
annual budget.
(7) Implementing other options for school corporation
intervention, including those expressed at the public hearing.
(c) Notwithstanding any other law, if the state board determines
that taking at least one (1) of the actions listed in subsection (b) will
improve the school corporation, the state board may take at least
one (1) of the actions listed in subsection (b).
(b) The state board shall hold at least one (1) public hearing in the school corporation to take testimony concerning the feasibility of taking any of the following actions for providing a quality education to the affected students in the school corporation:
(1) Merging the school corporation with a nearby school corporation that is not in the lowest two (2) categories or designations.
(2) Assisting a special management team or lead partner to operate all or part of the school corporation.
(3) Implementing the department's recommendations for improving the school corporation.
(4) Dissolving the governing board of the school corporation and installing a state appointed governing board.
(5) Transferring the school corporation's authority to another entity.
(6) Requiring state board approval of the school corporation's annual budget.
(7) Taking other actions to provide a quality education for the affected students in the school corporation, including those expressed at the public hearing.
(c) Notwithstanding any other law, if the state board determines that taking at least one (1) of the actions listed in subsection (b) will improve the school corporation, the state board may take at least one (1) of the actions listed in subsection (b).
