Bill Text: IN HB1005 | 2013 | Regular Session | Amended
Bill Title: Education.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-05-13 - Public Law 268 [HB1005 Detail]
Download: Indiana-2013-HB1005-Amended.html
Citations Affected: IC 20-26; IC 20-30; IC 20-31; IC 20-32;
IC 20-33; IC 21-18.5; IC 21-43; noncode.
Effective: Upon passage; July 1, 2013.
January 15, 2013, read first time and referred to Committee on Education.
January 28, 2013, amended, reported _ Do Pass.
February 5, 2013, read second time, amended, ordered engrossed.
Digest Continued
to the state board regarding the methods of measuring school improvement, may consider the remedial needs of students who are likely to fail a graduation exam or require remedial work while attending a postsecondary educational institution or workforce training program. Provides that the remediation grant program may provide grants to school corporations to prevent the need for postsecondary or workforce training remediation or to decrease the likelihood that a student may fail a graduation examination. Provides that, not later than July 1, 2013, the state board, in consultation with the department of education, the education roundtable, the commission for higher education, and the department of workforce development, shall develop guidelines to assist secondary schools in identifying a student who is likely to: (1) fail a graduation examination; or (2) require remedial work at a postsecondary educational institution or workforce training program if the student subsequently attends a postsecondary educational institution or workforce training program upon graduation. Provides that the guidelines must include: (1) indicators to assist school personnel determine whether a student may be in need of supplemental instruction or remediation; and (2) standards and guidelines for secondary school personnel to determine when a student is required to be assessed using college and career readiness exam. Provides that the guidelines may provide best practices and strategies for improving services and support provided by a school to assist a student in achieving the level of academic performance that is appropriate for the student's grade level to minimize: (1) the likelihood that a student may fail a graduation exam; or (2) the necessity for postsecondary remedial course work by the student. Provides that if the appropriate school official determines, using the indicators established in the guidelines, that a student in grade 11 will likely require remedial work at a postsecondary educational institution or workforce training program or fail a graduation examination, the school official shall require the student to take a college and career readiness exam. Provides that a school official shall, based on the results of the exam, determine if the student is in need of additional remediation or instruction in a particular subject matter contained in the exam. Provides that a student who has been identified to need additional remedial work must pass a college and career readiness exam before the student may enroll in a dual credit course in a subject matter related to the subject matter in which the student has been identified to need additional remedial work. Provides that a school official shall inform the student's parent of the likelihood that the student will require remedial work while the student attends a postsecondary educational institution or workforce development program. Provides that a school official may establish a remediation or supplemental instruction plan with the student's parent. Provides that, after June 30, 2014, certain students who receive a graduation waiver, other than the work readiness waiver, and obtains a general curriculum diploma is disqualified from receiving any state scholarships, grants, or assistance administered by the commission for higher education unless the student passes a career and college readiness exam. Provides that, beginning after June 30, 2014, a student must achieve an equivalent of a 2.0 on a 4.0 unweighted grading scale in order for the student to receive postsecondary credit on a dual credit course or double up program course.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
STEP ONE: Determine the grade 9 enrollment at the beginning of the reporting year three (3) years before the reporting year for which the graduation rate is being determined.
STEP TWO: Add:
(A) the number determined under STEP ONE; and
(B) the number of students who:
(i) have enrolled in the high school after the date on which the number determined under STEP ONE was determined; and
(ii) have the same expected graduation year as the cohort.
STEP THREE: Subtract from the sum determined under STEP TWO the number of students who have left the cohort for any of the following reasons:
(A) Transfer to another public or nonpublic school.
(B) Except as provided in IC 20-33-2-28.6, removal by the student's parents under IC 20-33-2-28 to provide instruction equivalent to that given in the public schools.
(C) Withdrawal because of a long term medical condition or death.
(D) Detention by a law enforcement agency or the department of correction.
(E) Placement by a court order or the department of child services.
(F) Enrollment in a virtual school.
(G) Leaving school, if the student attended school in Indiana for less than one (1) school year and the location of the student cannot be determined.
(H) Leaving school, if the location of the student cannot be determined and the student has been reported to the Indiana clearinghouse for information on missing children and missing endangered adults.
(I) Withdrawing from school before graduation, if the student is a high ability student (as defined in IC 20-36-1-3) who is a full-time student at an accredited institution of higher education during the semester in which the cohort graduates.
STEP FOUR: Determine the total number of students determined under STEP TWO who have graduated during the current reporting year or a previous reporting year.
STEP FIVE: Divide:
(A) the number determined under STEP FOUR; by
(B) the remainder determined under STEP THREE.
(b) If a student is not progressing toward fulfillment of the graduation plan, the school counselor shall provide counseling services for the purpose of advising the student of credit recovery options and
services available to help the student progress toward graduation.
(c) If a student is not progressing toward fulfillment of the
graduation plan due to not achieving a passing score on the
graduation examination, the school counselor shall meet with the:
(1) teacher of the student in each subject area in which the
student has not achieved a passing score on the graduation
examination;
(2) parents of the student; and
(3) student;
to discuss available remediation and to plan to meet the
requirements under IC 20-32-4-4.
(1) A list of the statutes and rules that the school wishes to have suspended from operation for the school.
(2) A description of the curriculum and information concerning the location of a copy of the curriculum that is available for inspection by members of the public.
(3) A description and name of the assessments that will be used in the school in addition to ISTEP program assessments.
(4) A plan to be submitted to the governing body and made available to all interested members of the public in an easily understood format.
(5) A provision to maximize parental participation in the school, which may include providing parents with:
(A) access to learning aids to assist students with school work at home;
(B) information on home study techniques; and
(C) access to school resources.
(6) For a secondary school, a provision to do the following:
(A) Offer courses that allow all students to become eligible to receive an academic honors diploma.
(B) Encourage all students to earn an academic honors diploma or complete the Core 40 curriculum.
(C) Reduce the number of graduation exam waivers granted to graduates.
(7) A provision to maintain a safe and disciplined learning environment for students and teachers that complies with the governing body's plan for improving student behavior and discipline developed under IC 20-26-5-32.
(8) A provision for the coordination of technology initiatives and ongoing professional development activities.
(b) If, for a purpose other than a plan under this chapter, a school has developed materials that are substantially similar to a component listed in subsection (a), the school may substitute those materials for the component listed in subsection (a).
(b) The education roundtable shall examine and make recommendations to the state board concerning:
(1) performance indicators to be used as a secondary means of determining school progress;
(2) expected progress levels, continuous improvement measures, distributional performance levels, and absolute performance levels for schools; and
(3) an orderly transition from the performance based accreditation system to the assessment system set forth in this article.
(c) The education roundtable shall consider methods of measuring improvement and progress used in other states in developing recommendations under this section.
(d) The education roundtable may consider:
(1) the likelihood that a student may fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; and
(2) remedial needs of students who are likely to require remedial work while the students attend a postsecondary educational institution or workforce training program;
when making recommendations under this section.
(1) Takes the graduation examination in each subject area in
which the student did not achieve a passing score at least one (1)
time every school year after the school year in which the student
first takes the graduation examination.
(2) Completes remediation opportunities provided to the student
by the student's school.
(3) Maintains a school attendance rate of at least ninety-five
percent (95%) with excused absences not counting against the
student's attendance.
(4) Maintains at least a "C" average or the equivalent in the
courses comprising the credits specifically required for graduation
by rule of the state board.
(5) Otherwise satisfies all state and local graduation requirements.
(6) Either:
(A) completes:
(i) the course and credit requirements for a general diploma,
including the career academic sequence;
(ii) a workforce readiness assessment; and
(iii) at least one (1) career exploration internship,
cooperative education, industry certification or workforce
credential recommended by the student's school; or
(B) obtains a written recommendation from a teacher of the
student in each subject area in which the student has not
achieved a passing score on the graduation examination. The
written recommendation must be aligned with the governing
body's relevant policy and must be concurred in by the
principal of the student's school and be supported by
documentation that the student has attained the academic
standard in the subject area based on:
(i) tests other than the graduation examination; or
(ii) classroom work.
(b) If the student does not achieve a passing score on the graduation examination, the student's case conference committee may determine that the student is eligible to graduate if the case conference committee finds the following:
(1) The student's teacher of record, in consultation with a teacher of the student in each subject area in which the student has not achieved a passing score, makes a written recommendation to the case conference committee. The recommendation must:
(A) be aligned with the governing body's relevant policy;
(i) tests other than the graduation examination; or
(ii) classroom work.
(2) The student meets all the following requirements:
(A) Retakes the graduation examination in each subject area in which the student did not achieve a passing score as often as required by the student's individualized education program.
(B) Completes remediation opportunities provided to the student by the student's school to the extent required by the student's individualized education program.
(C) Maintains a school attendance rate of at least ninety-five percent (95%) to the extent required by the student's individualized education program with excused absences not counting against the student's attendance.
(D) Maintains at least a "C" average or the equivalent in the courses comprising the credits specifically required for graduation by rule of the state board.
(E) Otherwise satisfies all state and local graduation requirements.
(1) Remediation of students who score below academic standards.
(2) Preventive remediation for students who are at risk of falling below academic standards.
(3) For students in a freeway school or freeway school corporation who are assessed under a locally adopted assessment program under IC 20-26-15-6(7):
(A) remediation of students who score below academic standards under the locally adopted assessment program; and
(B) preventive remediation for students who are at risk of falling below academic standards under the locally adopted assessment program.
(4) Targeted instruction of students to:
(A) reduce the likelihood that a student may fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; or
(B) minimize the necessity of remedial work of students while the students attend postsecondary educational institutions or workforce training programs.
Chapter 9. Postsecondary and Workforce Training Program Remediation Reduction
Sec. 1. Not later than July 1, 2013, the state board, in consultation with the:
(1) education roundtable established under IC 20-19-4-2;
(2) commission for higher education established under IC 21-18-2-1;
(3) department of workforce development established under IC 22-4.1-2-1; and
(4) department;
shall develop guidelines to assist secondary schools in identifying a student who is likely to require remedial work at a postsecondary educational institution or workforce training program if the student subsequently attends a postsecondary educational institution or workforce training program upon graduation.
Sec. 2. The guidelines established in section 1 of this chapter:
(1) must include indicators to assist school personnel in determining whether a student may be in need of supplemental instruction or remediation to minimize the student's need for remedial course work at a postsecondary educational institution or workforce training program;
(2) must provide standards and guidelines for secondary school personnel to determine when a student is required to be assessed under section 3 of this chapter, including guidelines that include:
(A) a description of the school official who may make a determination to assess a student under section 3 of this chapter; and
(B) thresholds for determining whether a student who takes an examination under section 3 of this chapter requires additional remediation or additional instruction; and
(3) may provide best practices and strategies for improving services and support provided by a school to assist a student in achieving the level of academic performance that is appropriate for the student's grade level to:
(A) reduce the likelihood that a student will fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; or
(B) minimize the necessity for postsecondary remedial course work by the student.
Sec. 3. (a) If the appropriate secondary school official determines, using the indicators established in section 2 of this chapter, that a student in grade 11:
(1) has failed a graduation exam and may require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; or
(2) will likely require remedial work at a postsecondary educational institution or workforce training program;
the appropriate secondary school official shall require the student to take a college and career readiness exam approved by the state board in consultation with the department, the commission for higher education established under IC 21-18-2-1, the education roundtable established under IC 20-19-4-2, and the department of workforce development under IC 22-4.1-2-1. The cost of the exam shall be paid by the department.
(b) If a student is required to take an exam under subsection (a), the appropriate school official shall make a determination based on the guidelines established in section 2 of this chapter as to whether the student is in need of additional instruction or remedial action with respect to a particular subject matter covered in the exam. If the appropriate school official determines that a student who takes an exam under subsection (a) is in need of remediation or supplemental instruction to prevent the need for remediation at a postsecondary educational institution or workforce development program, the appropriate school official shall inform the student's parent:
(1) of the likelihood that the student will require remedial course work;
(2) of the potential financial impact on the student or the parent for the additional remedial course work described in subdivision (1), including that the student may not be eligible to receive state scholarships, grants, or assistance administered by the commission for higher education; and
(3) of the additional time that may be required to earn a degree;
while the student attends a postsecondary educational institution or workforce development program. The appropriate secondary school official may establish a remediation or supplemental
instruction plan with the student's parent.
(c) Before a student determined to need additional instruction
or remedial action under subsection (b) with respect to a particular
subject matter may enroll in a dual credit course under IC 21-43
in the same subject matter or a related subject matter, the student
may receive additional instruction or remedial course work and
must retake the examination described in subsection (a). If the
appropriate school official determines that the student no longer
requires additional instruction or remedial action under the
guidelines established under section 2 of this chapter after retaking
the exam under this section, the student may enroll in a dual credit
course under IC 21-43. The cost of the administration of the exam
under this subsection shall be paid by the department.
(b) Before a student withdraws from a public school, the principal of the student's school shall provide to the student and to the student's parent information on a form developed by the department and approved by the state board that explains the legal requirements of attending a nonaccredited nonpublic school located in Indiana. The principal and a parent of the student shall both sign the form to acknowledge that the parent understands the content of the form.
(c) If the parent of the student refuses to sign the form provided by the principal under subsection (b), the student is considered a dropout and the principal shall report the student to the bureau of motor vehicles for action under section 28.5(g) of this chapter. The student is considered a dropout for purposes of calculating a high school's graduation rate under IC 20-26-13-10.
(1) receives a graduation waiver under IC 20-32-4-4; and
(2) receives a general diploma by satisfying the conditions set forth in IC 20-32-4-4, including, with respect to IC 20-32-4-4(6), the condition set forth in IC 20-32-4-4(6)(B);
if the student has an individualized education program under IC 20-35-7.
(b) Except as provided in subsection (a), this section applies to a student who receives a graduation waiver under IC 20-32-4-4 after June 30, 2014.
(c) Notwithstanding any other law, and except as provided in subsection (e), a student who:
(1) receives a graduation waiver under IC 20-32-4-4; and
(2) receives a general diploma by satisfying the conditions set forth in IC 20-32-4-4, including, with respect to IC 20-32-4-4(6), the condition set forth in IC 20-32-4-4(6)(B);
is disqualified from receiving state scholarships, grants, or assistance administered by the commission unless the student passes a college and career readiness exam described in IC 20-32-9-3.
(d) The college and career readiness exam taken by a student under subsection (c) shall be administered by the secondary school that granted the student the graduation waiver. The cost of the exam shall be paid by the department.
(e) A student described in subsection (c) is not disqualified from receiving state scholarships, grants, or assistance administered by the commission for credit bearing degree seeking courses, as mutually defined by the commission and the postsecondary educational institution offering the course.
(1) except as provided in section 15 of this chapter, the eligible institution will award credit for specified classes successfully completed by students in the school corporation; and
(2) the school corporation will award credit for specified classes successfully completed by students at the eligible institution.
successfully completed by the student.
(b) This subsection applies to a course in which a student enrolls
after June 30, 2014. A student must achieve an equivalent of a 2.0
on a 4.0 unweighted grading scale, as established by the eligible
institution, in order for the student to receive postsecondary credit
for the course.
(b) This subsection applies to a course in which a student enrolls after June 30, 2014. A student must achieve an equivalent of a 2.0 on a 4.0 unweighted grading scale, as established by the eligible institution, in order for the student to receive postsecondary credit for the course.
(1) education roundtable established by IC 20-19-4-2;
(2) commission for higher education established by IC 21-18-2-1;
(3) department of workforce development established by IC 22-4.1-2-1; and
(4) department;
shall begin developing the guidelines described in IC 20-32-9-1, as added by this act, in the manner described in IC 20-32-9, as added by this act. The guidelines must be completed by July 1, 2013.
(b) This SECTION expires January 1, 2014.
