Bill Text: IN HB1005 | 2013 | Regular Session | Engrossed
Bill Title: Education.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-05-13 - Public Law 268 [HB1005 Detail]
Download: Indiana-2013-HB1005-Engrossed.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.
(SENATE SPONSORS _ YODER, ROGERS)
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.
February 6, 2013, engrossed.
February 7, 2013, read third time, passed. Yeas 86, nays 13.
February 25, 2013, read first time and referred to Committee on Education and Career Development.
March 21, 2013, amended, reported favorably _ Do Pass; reassigned to Committee on Appropriations.
Digest Continued
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, 2014, the department of education (department), in consultation the education roundtable and the department of workforce development, shall develop, and the state board shall approve, 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. Provides that, beginning with the 2016-2017 school year, the department must identify secondary schools that have a 3-year graduation waiver rate higher than the state average by a certain percentage, and that the state board must put those schools on notice. Requires a school to develop a school-wide remediation plan and submit the plan to the department the first year a school is identified. Requires a school to collaborate with the educational service center serving the region in which the school is located to develop and implement a revised school-wide plan the second and any subsequent year after the school has been initially identified. Requires the principal of a public school to inform a student and a parent of the student transferring to a nonaccredited nonpublic school of the legal responsibilities of transferring to a nonaccredited nonpublic school. Provides that if the parent refuses to sign a form acknowledging that the parent understands the legal responsibilities, the student is considered a dropout and shall be: (1) reported to the bureau of motor vehicles to revoke the student's driver's license or learner's permit; and (2) considered a dropout for purposes of calculating the high school's dropout rate. Provides that, after June 30, 2014, certain students who receive a graduation waiver, other than the work readiness waiver, and obtain a general curriculum diploma are disqualified from receiving any state scholarships, grants, or assistance for postsecondary remediation courses. 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 taken in a high school setting.
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 communicate
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 develop an individual
remediation plan.
(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.
body.
(2) A student who does not meet the academic standards tested in
the graduation examination shall be given the opportunity to be
tested during each semester of each grade following the grade in
which the student is initially tested until the student achieves a
passing score.
(3) A student who does not achieve a passing score on the
graduation examination may be eligible to graduate if all the
following occur:
(A) The principal of the school the student attends certifies
that the student will within one (1) month of the student's
scheduled graduation date successfully complete all
components of the Core 40 curriculum as established by the
Indiana state board of education under IC 20-30-10.
(B) The student otherwise satisfies all state and local
graduation requirements.
(4) A student who does not achieve a passing score on the
graduation examination and who does not meet the requirements
of subdivision (3) may be eligible to graduate if the student does
all the following:
(A) 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.
(B) Completes remediation opportunities provided to the
student by the student's school.
(C) Maintains a school attendance rate of at least ninety-five
percent (95%) 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 board.
(E) Obtains a written recommendation from a teacher of the
student in each subject area in which the student has not
achieved a passing score. The recommendation must:
(i) be concurred in by the principal of the student's school;
and
(ii) be supported by documentation that the student has
attained the academic standard in the subject area based
upon tests other than the graduation examination or
classroom work.
(F) Otherwise satisfies all state and local graduation
requirements.
(5) This subdivision applies to a student who is a child with a
disability (as defined in IC 20-35-1-2). 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:
(A) 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:
(i) be concurred in by the principal of the student's school;
and
(ii) be supported by documentation that the student has
attained the academic standard in the subject area based
upon tests other than the graduation examination or
classroom work.
(B) The student meets all the following requirements:
(i) 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.
(ii) Completes remediation opportunities provided to the
student by the student's school to the extent required by the
student's individualized education program.
(iii) 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.
(iv) Maintains at least a "C" average or the equivalent in the
courses comprising the credits specifically required for
graduation by rule of the board.
(v) Otherwise satisfies all state and local graduation
requirements.
(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)
(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;
(A) (B) be concurred in by the principal of the student's
school; and
(B) (C) 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.
(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, 2014, the department, in consultation with the:
(1) education roundtable established under IC 20-19-4-2; and
(2) department of workforce development established under IC 22-4.1-2-1;
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. Guidelines developed under this section must be approved by the state board.
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; and
(2) 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) The department shall identify secondary schools that have a three (3) year graduation waiver rate that is higher than the average three (3) year graduation waiver rate for all public secondary schools in the state by a percentage determined under subsection (b).
(b) After analyzing data collected from all schools in the state,
the department shall recommend to the state board for the state
board's approval a percentage for use under subsection (a). The
state board, after considering the department's recommendation,
shall determine the percentage that is to be used under subsection
(a).
(c) The department shall make the first identification of schools
to be placed on notice under section 4 of this chapter for the
2016-2017 school year.
Sec. 4. (a) This section applies the first year a school is identified
under section 3 of this chapter.
(b) The state board shall place the school and the school
corporation on notice that the school has exceeded the percentage
of graduation waivers determined under section 3 of this chapter.
(c) Upon receiving notice under subsection (b), the school shall
develop a school-wide remediation plan that follows the guidelines
established under section 1 of this chapter and submit the plan to
the department.
Sec. 5. (a) This section applies if, in the second or a subsequent
year after the initial identification under section 3 of this chapter,
a school continues to be identified under section 3 of this chapter.
(b) The state board shall place the school and the school
corporation on notice that the school has exceeded the percentage
of graduation waivers determined under section 3 of this chapter.
(c) Upon receiving notice under subsection (b), the school shall
collaborate with the educational service center that serves the
region in which the school corporation is located to develop and
implement a revised school-wide remediation plan.
(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 for postsecondary remedial courses.
(d) 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.
(b) This subsection applies to a course taught in a high school setting in which a student enrolls after June 30, 2014. A student must achieve at least 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. If the student achieves less than the equivalent of a 2.0 on a 4.0 unweighted grading scale, as established by the eligible institution, the dual credit teacher shall not submit the grade for the dual credit course to the eligible institution.
(b) This subsection applies to a course taught in a high school setting in which a student enrolls after June 30, 2014. A student must achieve at least 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. If the student achieves less than the equivalent of a 2.0 on a 4.0 unweighted grading scale, as established by the eligible institution, the dual credit teacher shall not submit the grade for the dual credit course to the eligible institution.
(1) education roundtable established by IC 20-19-4-2; and
(2) department of workforce development established by IC 22-4.1-2-1; and
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 and approved by the
Indiana state board of education, established by IC 20-19-2-2, by
July 1, 2014.
(b) This SECTION expires January 1, 2015.
