Bill Text: IN HB1168 | 2010 | Regular Session | Engrossed
Bill Title: High school athletics.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1168 Detail]
Download: Indiana-2010-HB1168-Engrossed.html
Citations Affected: IC 20-26; noncode.
Synopsis: High school athletics. Directs the state superintendent to
administer the functions of the case review panel that hears cases
relating to disputes over the application or interpretation of rules
governing interscholastic high school athletics. Provides that a parent
may take legal action regarding a dispute over the application or
interpretation of the rules after the panel has issued a decision on the
case. Requires the panel to issue a written decision on a case not later
than 10 days after the panel hears the case. Provides that a parent who
disagrees with the panel's decision may file a legal action to review the
panel's decision not later than 45 days after the panel issues its
decision. Allows a student or the student's parent to proceed directly to
a court with jurisdiction to resolve a dispute if an interscholastic high
school athletics association fails to follow its bylaws regarding hearing
and appeals procedures. Directs a high school athletics association to
study and prepare a report to the general assembly by December 31,
2010 concerning the impact and the feasibility of allowing a high
school student who attends a nonpublic nonaccredited school, a
nonpublic school or a charter school that is not a member of an
interscholastic athletic association to participate in high school
athletics at a public high school that is a member of an interscholastic
athletic association if the public high school is located within the legal
settlement of the student. Makes other changes.
Effective: July 1, 2010.
(SENATE SPONSORS _ KRUSE, SIPES)
January 7, 2010, read first time and referred to Committee on Education.
January 25, 2010, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 96, nays 0.
February 8, 2010, read first time and referred to Committee on Education and Career Development.
February 18, 2010, amended, reported favorably _ Do Pass.
February 22, 2010, read second time, ordered engrossed.
February 23, 2010, engrossed.
February 23, 2010, read third time; call withdrawn. Returned to second reading.
February 24, 2010, re-read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) The student's parent.
(2) The student's school.
(b) In its notice to the parent under subsection (a)(1), the association shall include information about the process under this chapter for appealing the association's decision.
(c) The association shall conduct its investigation, review, and decision making in an expeditious manner.
panel that meets the following requirements:
(1) The panel has nine (9) members.
(2) The state superintendent or the state superintendent's designee
is a member of the panel and is the chairperson of the panel.
(3) The state superintendent appoints as members of the panel
persons having the following qualifications:
(A) Four (4) parents of high school students.
(B) Two (2) high school principals.
(C) Two (2) high school athletic directors.
(4) The state superintendent shall administer the functions of
the panel and shall set procedures for efficient operations.
(4) (5) A member of the panel serves for a four (4) year term,
subject to the following:
(A) An appointee who ceases to meet the member's
qualification under subdivision (3) ceases to be a member of
the panel.
(B) The state superintendent shall appoint fifty percent (50%)
of the initial appointees under each clause in subdivision (3)
for terms of two (2) years, so that terms of the panel are
staggered.
(5) (6) The panel must meet monthly, unless there are no cases
before the panel. The panel may meet more frequently at the call
of the chairperson. However, the chairperson must call a meeting
within five (5) business days, or as soon thereafter as a quorum
can be assembled, after the panel receives a case in which time
is a factor in relation to the scheduling of an athletic competition.
(6) (7) A quorum of the panel is five (5) members. The
affirmative vote of five (5) members of the panel is required for
the panel to take action.
(b) A student's parent who disagrees with a decision of the
association concerning the application or interpretation of a rule of the
association to the student shall have the right to do one (1) of the
following:
(1) Accept the decision.
(2) Take legal action without first referring the case to the panel.
(3) (2) Refer the case to the panel. The parent must refer the
case to the panel not later than thirty (30) days after the date
of the association's decision.
(c) Upon receipt of After a case is referred under subsection
(b)(2), the panel must do the following:
(1) Collect testimony and information on the case, including
testimony and information from both the association and the
parent.
(2) Place the case on the panel's agenda and consider the case at
a meeting of the panel.
(3) Make Not later than ten (10) business days after the
meeting at which the panel considers the case, issue a written
decision that does one (1) of the following: decisions:
(A) Uphold Upholds the association's decision on the case.
(B) Modify Modifies the association's decision on the case.
(C) Nullify Nullifies the association's decision on the case.
(d) Subject to section 7 of this chapter, the association must
implement the decision of the panel on each case. However, a decision
of the panel:
(1) applies only to the case before the panel; and
(2) does not affect any rule of the association or decision under
any rule concerning any student other than the student whose
parent referred the case to the panel.
(e) The association shall pay all costs attributable to the operation
of the panel, including travel and per diem a stipend of at least fifty
dollars ($50) for each meeting for panel members.
(b) An action must be filed under subsection (a) with a court with jurisdiction not later than forty-five (45) days after the panel issues its decision under section 6(c) of this chapter.
(c) In an action brought under this section, the court may reverse the panel's decision if the court, upon its own review of the facts and issues involved in the decision and the applicable rule of the association, determines that the decision of the panel, or the decision of the association upheld by the panel, is:
(1) not a fair and logical interpretation or application of the association's rule;
(2) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(3) contrary to a constitutional right, power, privilege, or immunity;
(4) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(5) without observance of procedure required by law; or
(6) unsupported by substantial evidence.
(d) The court reviewing a panel decision under this section may do any of the following:
(1) Affirm the panel's decision.
(2) Modify the panel's decision.
(3) Reverse the panel's decision and remand the action to the panel for action directed by the court.
(e) Notwithstanding this chapter, if an association fails to follow its bylaws regarding hearing and appeals procedures, a student or the student's parent may proceed directly to a court with jurisdiction to resolve a dispute.
(b) As used in this SECTION, "legal settlement" means a student's status with respect to the school corporation that has the responsibility to allow the student to attend its local public schools without the payment of tuition, or to pay transfer tuition under IC 20-26-11 if the student attends school in a local public school of another school corporation.
(c) The association shall study the following:
(1) The feasibility of allowing a high school student who attends:
(A) a nonpublic nonaccredited school;
(B) a nonpublic school; or
(C) a charter school;
that is not a member of an association to participate in high school athletics at a public high school that is a member of an association if the public high school is located within the legal settlement of the student.
(2) The impact of allowing a high school student who attends:
(A) a nonpublic nonaccredited school;
(B) a nonpublic school; or
(C) a charter school;
that is not a member of an association to participate in high school athletics at a public high school that is a member of an association if the public high school is located within the legal settlement of the student.
(d) The association shall prepare a report concerning the topics set forth in subsection (c) and submit the report to the legislative council in an electronic format under IC 5-14-6 not later than
December 31, 2010.
(e) The report shall identify the conditions to be met for students
described in subsection (c)(1) and (c)(2) to be allowed to participate
in high school athletics at a public high school.
(f) This SECTION expires January 1, 2011.
