Bill Text: IN HB1338 | 2013 | Regular Session | Amended
Bill Title: Charter schools.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-05-13 - Public Law 280 [HB1338 Detail]
Download: Indiana-2013-HB1338-Amended.html
Citations Affected: IC 5-2; IC 5-11; IC 5-14; IC 20-24; IC 20-39;
IC 20-43; IC 20-49.
January 17, 2013, read first time and referred to Committee on Education.
February 7, 2013, amended, reported _ Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 18, 2013, amended, reported _ Do Pass.
February 20, 2013, read second time, amended, ordered engrossed.
Digest Continued
Indianapolis to approve a charter school authorized by the mayor of Indianapolis. Repeals a provision that provides a governing body must obtain approval from the department of education (department) before granting a charter in which more than 50% of the students in the school corporation will attend the charter school. Requires the department, with the approval of the state board of education (state board), to submit an annual report to the budget committee pertaining to virtual charter schools. Provides that if an organizer of a charter school maintains an Internet web site for a charter school, the organizer shall publish the names of the charter school's governing body on the Internet web site. (Current law requires an organizer to publish the names of the governing body on the charter school's Internet web site.) Requires charter school organizers to adopt and accurately implement a single, unified accounting system for charter school organizers as prescribed by the state board and the state board of accounts. Repeals a provision pertaining to accounting and financial reporting of charter schools. Provides that for purposes of administering state tuition support, a charter school organizer is considered a school corporation. Provides that a member of the state charter board may not be removed before the end of the member's full term by the member's appointing authority without cause. Provides that the state charter board must collectively possess strong experience and expertise in certain areas. Provides that the department's Internet web site must include a charter school annual report. Requires an authorizer to adopt national industry standards of quality charter school authorizing. Provides that a charter school agreement must include a requirement that a charter school not remain in the lowest category or designation of school improvement in the third year after initial placement in the lowest category or designation. Requires the state board to provide an authorizer a hearing if the authorizer fails to close a charter school that does not meet the minimum standards in the charter agreement. Provides that the state board, after providing a hearing, may close the charter school at the end of the school year. (Current law provides that the charter school may be closed on a date set by the state board.) Provides that the state board, after providing a hearing, may reduce the administrative fees that an authorizer may receive. (Current law provides that the administrative fees may be reduced by up to 50% of the amount of the administrative fees.) Provides that if an authorizer does not correct deficiencies that prohibit an authorizer from opening new charter schools, the state board may, with a 2/3 vote, decommission the authorizer. Provides that the decommissioned authorizer's charter schools have 150 days to apply for approval from the state charter board. Provides for the voluntary relinquishment of authorizer status. Provides that 90% of a virtual charter school's foundation amount is used to calculate the school's state funding distribution. (Current law provides that the percentage used in the calculation is 87.5%.) Removes a requirement that 60% of the students of a virtual charter school must have been included in the state's ADM count for the previous school year. Provides that a virtual charter school is eligible to receive new charter school startup grants. Provides that a virtual charter school is eligible to receive career and technical education grants. Provides that a virtual charter school is eligible to receive honors diploma awards. Provides that a charter school shall pay back an outstanding advance if the charter school closes or has its charter revoked. Provides that the attorney general shall use any means under the attorney general's authority to collect the principal of any unpaid advance. Provides that a charter school or successor of interest to the charter school must pay back any unpaid advance before it may receive a charter school startup grant or grants or loans from the charter school facilities assistance program. Makes conforming amendments.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) A safety plan submitted under this section must include provisions for zero (0) tolerance for alcohol, tobacco, drugs, and weapons on school property. If the institute approves the safety plan and application, the treasurer of state shall disburse from the fund to the applicant the amount of the grant certified to the treasurer of state by the institute.
(b) A school corporation or charter school (as defined in IC 20-24-1-4) may apply to the institute for a grant for matching funds under this chapter to establish and operate a school safe haven program.
(c) A program must include at least the following components:
(1) The school must be open to students of the school before and after normal operating hours, preferably from 7 a.m. to 9 p.m., on days determined by the school corporation.
(2) The program must operate according to a plan to do the following in the school:
(A) Reduce alcohol, tobacco, and drug abuse.
(B) Reduce violent behavior.
(C) Promote educational progress.
(d) The institute shall adopt rules to administer the program, including rules concerning evaluations by school corporations on the use and impact of grant money received through the program.
(b) An examination of an entity deriving:
(1) less than fifty percent (50%); or
(2) subject to subsection (h), at least fifty percent (50%) but less than two hundred thousand dollars ($200,000) if the entity is organized as a not-for-profit corporation;
of its disbursements during the period of time subject to an examination from appropriations, public funds, taxes, and other sources of public expense shall be limited to matters relevant to the use of the public money received by the entity.
(c) The examination of an entity described in subsection (b) may be waived or deferred by the state examiner if the state examiner determines in writing that all disbursements of public money during the period subject to examination were made for the purposes for which the money was received. However, the:
(1) Indiana economic development corporation created by IC 5-28-3 and the corporation's funds, accounts, and financial affairs; and
(2) department of financial institutions established by IC 28-11-1-1 and the department's funds, accounts, and financial affairs;
shall be examined biennially by the state board of accounts.
(d) On every examination under this section, inquiry shall be made as to the following:
(1) The financial condition and resources of each municipality, office, institution, or entity.
(2) Whether the laws of the state and the uniform compliance guidelines of the state board of accounts established under section 24 of this chapter have been complied with.
(3) The methods and accuracy of the accounts and reports of the person examined.
The examinations shall be made without notice.
(e) If during an examination of a state office under this chapter the examiner encounters an inefficiency in the operation of the state office, the examiner may comment on the inefficiency in the examiner's report.
(f) The state examiner, deputy examiners, any field examiner, or any private examiner, when engaged in making any examination or when engaged in any official duty devolved upon them by the state examiner, is entitled to do the following:
(1) Enter into any state, county, city, township, or other public office in this state, or any entity, agency, or instrumentality, and examine any books, papers, documents, or electronically stored information for the purpose of making an examination.
(2) Have access, in the presence of the custodian or the custodian's deputy, to the cash drawers and cash in the custody of the officer.
(3) During business hours, examine the public accounts in any depository that has public funds in its custody pursuant to the laws of this state.
(g) The state examiner, deputy examiner, or any field examiner, when engaged in making any examination authorized by law, may issue subpoenas for witnesses to appear before the examiner in person or to produce books, papers, or other records (including records stored in electronic data processing systems) for inspection and examination. The state examiner, deputy examiner, and any field examiner may administer oaths and examine witnesses under oath orally or by interrogatories concerning the matters under investigation and examination. Under the authority of the state examiner, the oral examinations may be transcribed with the reasonable expense paid by the examined person in the same manner as the compensation of the field examiner is paid. The subpoenas shall be served by any person authorized to serve civil process from any court in this state. If a witness duly subpoenaed refuses to attend, refuses to produce
information required in the subpoena, or attends and refuses to be
sworn or affirmed, or to testify when called upon to do so, the examiner
may apply to the circuit court having jurisdiction of the witness for the
enforcement of attendance and answers to questions as provided by the
law governing the taking of depositions.
(h) This subsection applies to audited years beginning after June
30, 2009. The definitions in IC 20-24-1 apply throughout this
subsection. Appropriations, public funds, taxes, and other sources
of public money received by a nonprofit corporation as a charter
school or organizer of a charter school for the purposes of a
charter school may not be counted for the purpose of applying
subsection (b)(2). Unless the nonprofit corporation receives other
public money that would qualify the nonprofit corporation for a
full examination of all accounts and financial affairs of the entity
under subsection (b)(2), an examination of a charter school or
organizer of a charter school must be limited to matters relevant
to the use of the public money received for the charter school. This
subsection does not prohibit the state examiner, personally or
through the deputy examiners, field examiners, or private
examiners, from examining the accounts in which appropriations,
public funds, taxes, or other sources of public money are applied
that are received by a nonprofit corporation as a charter school or
organizer of a charter school relating to the operation of the
charter school.
(b) A member of the governing body of a charter school or public agency who is not physically present at a meeting of the governing body may participate in a meeting of the governing body by electronic communication only if the member uses a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under subsection (g)(7), all members of the public physically present at a public location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in a
meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution. The
minimum number of members who must be physically present at
the place where the meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting
must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the meeting
is conducted and the minimum number of members is physically
present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually.
(e) Unless a policy adopted by a governing body under subsection
(g) provides otherwise, a member who participates in a meeting by
electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of
electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the
governing body, adopts a policy under subsection (g) governing
participation in meetings of the governing body by electronic
communication.
(g) A policy adopted by a governing body to govern participation in
the governing body's meetings by electronic communication may do
any of the following:
(1) Require a member to request authorization to participate in a
meeting of the governing body by electronic communication
within a certain number of days before the meeting to allow for
arrangements to be made for the member's participation by
electronic communication.
(2) Subject to subsection (e), limit the number of members who
may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing body
may conduct in a calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which any
one (1) member of the governing body may participate by
electronic communication.
(5) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on any
official action.
(6) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days after
the date of the meeting.
(7) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings of the
governing body, excluding executive sessions, at a public place
or public places at which a member is physically present and
participates by electronic communication. If the governing body's
policy includes this provision, a meeting notice must provide the
following information:
(A) The identity of each member who will be physically
present at a public place and participate in the meeting by
electronic communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate by
electronic communication.
(C) Unless the meeting is an executive session, a statement
that a location described in clause (B) will be open and
accessible to the public.
(8) Require at least a quorum of members to be physically present
at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is
conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that
govern participation in meetings of the governing body by
electronic communication and are not in conflict with this
chapter.
(h) The policy adopted by the governing body must be posted on the
Internet web site of the governing body, the charter school, or the
public agency.
(i) Nothing in this section affects a public agency's or charter
school's right to exclude the public from an executive session in which
a member participates by electronic communication.
(1) A governing body.
(2) A state educational institution that offers a four (4) year baccalaureate degree.
(3) The executive (as defined in IC 36-1-2-5) of a consolidated city.
(4) The charter board.
(5) A nonprofit college or university that provides a four (4) year educational program for which it awards a baccalaureate or more advanced degree, including the following:
Anderson University
Bethel College
Butler University
Calumet College of St. Joseph
DePauw University
Earlham College
Franklin College
Goshen College
Grace College
Hanover College
Holy Cross College
Huntington University
Indiana Tech
Indiana Wesleyan University
Manchester College
Marian University
Martin University
Oakland City University
Rose-Hulman Institute of Technology
Saint Joseph's College
Saint Mary-of-the-Woods College
Saint Mary's College
Taylor University
Trine University
University of Evansville
University of Indianapolis
University of Notre Dame
University of Saint Francis
Valparaiso University
Wabash College.
(b) The charter board is a statewide charter school
(1) Two (2) members, who may not be members of the same political party, appointed by the governor.
(2) One member who has previous experience with or on behalf of charter schools appointed by the state superintendent.
(3) Four (4) members, who may not be legislators, appointed as follows:
(A) One (1) member appointed by the president pro tempore of the senate.
(B) One (1) member appointed by the minority leader of the senate.
(C) One (1) member appointed by the speaker of the house of representatives.
(D) One (1) member appointed by the minority leader of the house of representatives.
A member appointed under this subsection may not be removed by
the member's appointing authority without cause before the end of
the full four (4) year term.
(c) The governor shall appoint the chairperson of the charter board.
(d) A majority of the members appointed to the charter board
constitutes a quorum. The affirmative votes of a majority of the voting
members appointed to the charter board are required for the charter
board to take action.
(e) Each member of the charter board who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(f) Members appointed to the charter board must collectively
possess strong experience and expertise in:
(1) public and nonprofit governance;
(2) management;
(3) finance;
(4) public school leadership;
(5) higher education;
(6) school assessments, curriculum, and instruction; and
(7) public education law.
(1) establish a process to:
(A) review a proposal to establish a charter school under IC 20-24-3-4;
(B) make a decision on the proposal as required under IC 20-24-3-9; and
(C) monitor charter schools
(2) publish guidelines concerning the review process described in subdivision (1);
not later than December 31, 2011.
(1) All approved
(A) Monitoring approved schools at regular intervals.
(B) Establishing minimum standards for renewing a charter or not renewing a charter.
(C) Processes and standards for school closure, including the transfer of academic records to other schools and postsecondary educational institutions.
(2) All pending applications for a charter.
(3) All approved applications for a charter.
(4) All rejected applications for a charter.
(5) The organizer's annual report as required under IC 20-24-9.
(b) After the hearing, the state board may implement one (1) or more of the following actions unless the state board finds sufficient
justification for the charter school's performance under the state school
accountability system:
(1) Transfer the sponsorship authorization of the charter school
identified in subsection (a) to the charter board. another
authorizer.
(2) Order the closure of the charter school identified in subsection
(a) on the date set by the state board. at the end of the current
school year.
(3) Order the reduction of any administrative fee collected under
IC 20-24-7-4 that is applicable to the charter school identified in
subsection (a). to an amount not greater than fifty percent (50%)
of the amount allowed under IC 20-24-7-4. The reduction must
become effective at the beginning of the month following the
month of the authorizer's hearing before the state board.
(c) In determining whether to impose consequences under
subsection (b), the state board must consider the following:
(1) Enrollment of students with special challenges such as drug or
alcohol addiction, prior withdrawal from school, prior
incarceration, or other special circumstances.
(2) High mobility of the student population resulting from the
specific purpose of the charter school.
(3) Annual improvement in the performance of students enrolled
in the charter school, as measured by IC 20-31-8-1, compared
with the performance of students enrolled in the charter school in
the immediately preceding school year.
(1) between the department and an authorizer; and
(2) that fosters improved decision making related to charter schools authorized by the authorizer.
(b) As used in this section, "covered records" refers to the following:
(1) Education records (as defined in 20 U.S.C. 1232g(a)(4), as in effect January 1, 2013) of students who enrolled in a charter school authorized by an authorizer that are in the possession of the department or the state board.
(2) Records in the possession of the department or the state board that relate to the evaluation of the performance of a charter school authorized by an authorizer or students who are enrolled in a charter school authorized by an authorizer.
(3) Records in the possession of the department or the state board that relate to the evaluation of the performance of certified employees employed by a charter school authorized by an authorizer.
(4) Records in the possession of the department or the state board related to the evaluation of the performance of an authorizer.
(c) Notwithstanding IC 5-14-3 or any other law, the department shall provide, without charge, an authorizer with either:
(1) electronic access to; or
(2) written copies of;
covered records, as requested by the authorizer, that relate to a charter school authorized by the authorizer or to the students or certified employees of the charter school. The department shall provide the covered records on a schedule determined by the authorizer.
(d) The department shall provide, without charge, an authorizer with a summary of the covered records that relate to a charter school authorized by the authorizer or to the students or certified employees of the charter school. The department shall provide the summary described in this subsection to the authorizer at least once each month. The authorizer may receive either paper copies of the summary or copies of the summary transmitted electronically, at the option of the authorizer. The summary must be sufficiently detailed to identify each category or collection of covered records. The department and the authorizer shall consult one another as necessary to carry out this section.
(e) An authorizer may use covered records received under this section only to:
(1) administer a charter authorization program;
(2) monitor and evaluate compliance with state standards;
(3) identify educational weaknesses in charter school programs; or
(4) improve charter school performance.
(f) An authorizer shall protect covered records received by the authorizer in a manner that will not permit the personal identification of students and their parents by persons other than officials of the authorizer who are directly involved in the authorization program or involved with studies related to charter schools authorized by the authorizer. An authorizer shall destroy personally identifiable data when the information is no longer needed for purposes of audit, evaluation, and enforcement of state and federal requirements related to the charter schools authorized by the authorizer.
(b) Charter schools authorized by an authorizer that has been decommissioned under subsection (a) must apply to be approved by another authorizer within one hundred fifty (150) days after the date the charter school's authorizer is decommissioned. A charter school that is not approved under this subsection must close at the end of the charter school's current school year.
review and act on the authorizer's written statement and shall take
all steps necessary to decommission the authorizer, including
overseeing the orderly winding up of authorization activities, and
ensuring the transfer of any charter school records or
administrative fee balances due under IC 20-24-7-4 in the
authorizer's custody.
(1) Evidence of the education service provider's success in serving student populations similar to the targeted populations, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable.
(2) A term sheet setting forth the:
(A) proposed duration of the service contract;
(B) roles and responsibilities of the governing board, the school staff, and the education service provider;
(C) performance evaluation measures and timelines;
(D) compensation structure, including clear identification of all fees to be paid to the education service provider;
(E) methods of contract oversight and enforcement;
(F) investment disclosure; and
(G) conditions for renewal and termination of the contract.
(3) A disclosure statement to explain any existing or potential conflicts of interest between the charter school governing body and the proposed education service provider or any affiliated business entities.
(4) Assurance that the organizer's board of directors will be structurally independent of the education service provider
and shall set and approve school policies. The assurance must
also provide that the terms of the service contract must be
reached by the organizer and the education service provider
through arms length negotiations in which the organizer must
be represented by legal counsel. The legal counsel may not
also represent the education service provider.
(1)
(2) remaining funds received from the department shall be returned to the department not more than thirty (30) days after dissolution.
If the assets of the charter school are insufficient to pay all parties to whom the charter school owes compensation under subdivision (1), the priority of the distribution of assets may be determined by a court.
(b) A proposal must contain at least the following information:
(1) Identification of the organizer.
(2) A description of the organizer's organizational structure and governance plan.
(3) The following information for the proposed charter school:
(A) Name.
(B) Purposes.
(C) Governance structure.
(D) Management structure.
(E) Educational mission goals.
(F) Curriculum and instructional methods.
(G) Methods of pupil assessment.
(H) Admission policy and criteria, subject to IC 20-24-5.
(I) School calendar.
(J) Age or grade range of students to be enrolled.
(K) A description of staff responsibilities.
(L) A description of the physical plant.
(M) Budget and financial plans.
(N) Personnel plan, including methods for selection, retention, and compensation of employees.
(O) Transportation plan.
(P) Discipline program.
(Q) Plan for compliance with any applicable desegregation order.
(R) The date when the charter school is expected to:
(i) begin school operations; and
(ii) have students attending the charter school.
(S) The arrangement for providing teachers and other staff with health insurance, retirement benefits, liability insurance, and other benefits.
(T) Any other applications submitted to
(4) The manner in which the
(c) This section does not waive, limit, or modify the provisions of:
(1) IC 20-29 in a charter school where the teachers have chosen to organize under IC 20-29; or
(2) an existing collective bargaining agreement for noncertificated employees (as defined in IC 20-29-2-11).
(b) Before issuing a charter, the
negative impacts on the school corporation.
(1) begin school operations; and
(2) have students attending the charter school.
(1) acceptance of the proposal; or
(2) rejection of the proposal;
not later than seventy-five (75) days after the organizer submits the proposal.
(1) Receipt of a proposal.
(2) Acceptance of a proposal.
(3) Rejection of a proposal, including the reasons for the rejection.
(4) The length of time for which a charter is granted.
(5) School goals, educational program design, and an education management organization operating a school, if applicable.
(6) The name and address of the education management organization, and the name of the chief operating officer of the education management organization, if applicable.
(b) The department shall annually do the following:
(1) Compile the information received under subsection (a) into a report.
(2) Submit the report in an electronic format under IC 5-14-6 to the legislative council.
school proposal, the organizer may:
(1) amend the charter school proposal and resubmit the proposal
to the same sponsor; authorizer;
(2) submit a charter school proposal to another sponsor;
authorizer; or
(3) appeal the decision to the charter school review panel
established by section 12 of this chapter.
(b) The organizer may appeal the decision of the
(c) The charter school review panel is established. The members of the panel are as follows:
(1) The governor or the governor's designee.
(2) The state superintendent, who shall chair the panel.
(3) A member of the state board appointed by the state superintendent.
(4) A person with financial management experience appointed by the governor.
(5) A community leader with knowledge of charter school issues appointed jointly by the governor and the state superintendent.
A member shall serve a two (2) year term and may be reappointed to the panel upon expiration of the member's term.
(d) All decisions of the panel shall be determined by a majority vote of the panel's members.
(e) Upon the request of an organizer, the panel shall meet to consider the organizer's proposal and the
(f) After the panel meets under subsection (e), the panel shall make one (1) of the following findings and issue the finding to the organizer and the
(1) A finding that supports the
(2) A finding that:
(A) recommends that the organizer amend the proposal; and
(B) specifies the changes to be made in the proposal if the organizer elects to amend the proposal.
(3) A finding that approves the proposal.
The panel shall issue the finding not later than forty-five (45) days after the panel receives the request for review.
(g) If the panel makes a finding described in subsection (f)(1), the finding is final.
(h) If the panel makes a finding described in subsection (f)(2), the organizer may amend the proposal according to the panel's recommendations and resubmit the proposal directly to the panel.
(i) If the panel makes a finding described in subsection (f)(3), the proposal is considered conditionally approved. The approval shall be considered final upon delivery to the panel of written notice from the organizer and an eligible
(j) Proposals approved under this section shall not be counted under any numerical limits placed upon
(b) Except as provided in subsection (c), the ultimate responsibility for choosing to
(c) The university's board of trustees may vote to assign
(d) Before a university may
school established under this chapter.
(b) If a charter school assigned a school corporation
identification number under subsection (a) consists of more than
one (1) campus, the department shall assign each charter school
campus, in addition to the school corporation identification
number under subsection (a), a separate school identification
number.
(1) Be a written instrument.
(2) Be executed by
(3) Confer certain rights, franchises, privileges, and obligations on a charter school.
(4) Confirm the status of a charter school as a public school.
(5) Be granted for:
(A) not less than three (3) years; and
(B) a fixed number of years agreed to by the
(6) Provide for the following:
(A) A review by the
(B) Renewal, if the
(C) The renewal application process must, at a minimum, provide an opportunity for the charter school to:
(i) present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(ii) describe improvements undertaken or planned for the charter school; and
(iii) detail the charter school's plans for the next charter term.
(D) Not later than October 1, in the year in which the charter school seeks renewal of a charter, the governing board of a charter school seeking renewal shall submit a renewal application to the charter authorizer under the renewal application guidance issued by the authorizer. The
authorizer shall make a final ruling on the renewal
application not later than March 1 after the filing of the
renewal application.
(7) Specify the grounds for the sponsor authorizer to:
(A) revoke the charter before the end of the term for which the
charter is granted; or
(B) not renew a charter.
(8) Set forth the methods by which the charter school will be held
accountable for achieving the educational mission and goals of
the charter school, including the following:
(A) Evidence of improvement in:
(i) assessment measures, including the ISTEP and end of
course assessments;
(ii) attendance rates;
(iii) graduation rates (if appropriate);
(iv) increased numbers of Core 40 diplomas and other
college and career ready indicators including advanced
placement participation and passage, dual credit
participation and passage, and International Baccalaureate
participation and passage (if appropriate);
(v) increased numbers of academic honors and technical
honors diplomas (if appropriate);
(vi) student academic growth;
(vii) financial performance and stability; and
(viii) governing board performance and stewardship,
including compliance with applicable laws, rules and
regulations, and charter terms.
(B) Evidence of progress toward reaching the educational
goals set by the organizer.
(9) Describe the method to be used to monitor the charter
school's:
(A) compliance with applicable law; and
(B) performance in meeting targeted educational performance.
(10) Specify that the sponsor authorizer and the organizer may
amend the charter during the term of the charter by mutual
consent and describe the process for amending the charter.
(11) Describe specific operating requirements, including all the
matters set forth in the application for the charter.
(12) Specify a date when the charter school will:
(A) begin school operations; and
(B) have students attending the charter school.
(13) Specify that records of a charter school relating to the
school's operation and charter are subject to inspection and
copying to the same extent that records of a public school are
subject to inspection and copying under IC 5-14-3.
(14) Specify that records provided by the charter school to the
department or sponsor authorizer that relate to compliance by the
organizer with the terms of the charter or applicable state or
federal laws are subject to inspection and copying in accordance
with IC 5-14-3.
(15) Specify that the charter school is subject to the requirements
of IC 5-14-1.5.
(b) A charter school shall set annual performance targets in
conjunction with the charter school's sponsor. authorizer. The annual
performance targets shall be designed to help each school meet
applicable federal, state, and sponsor authorizer expectations.
(b) A governing body may hold one (1) or more charter contracts. Each charter school that is part of a charter contract must be separate and distinct from any other charter school.
(1) make decisions based upon evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(2) ensure the data used in making renewal decisions are available to the school and the public; and
(3) provide a public report summarizing the evidence basis for each decision.
(b) An authorizer must develop revocation and nonrenewal processes that:
(1) provide the organizer with a timely notification of revocation or nonrenewal and the reasons for the possible revocation or nonrenewal;
(2) allow the organizer a reasonable amount of time in which
to prepare a response;
(3) provide the organizer with an opportunity to submit
documents and give testimony challenging the rationale for
revocation or nonrenewal and in support of the continuation
of the charter school at a proceeding held for that purpose;
and
(4) after a reasonable period for deliberation, require that a
final determination be made and conveyed in writing to the
organizer.
(c) If an authorizer revokes or does not renew a charter, the
authorizer shall clearly state, in writing, the reasons for the
revocation or nonrenewal.
(b) Notwithstanding subsection (a), a charter school may operate as a single gender school if approved to do so by the
(b) Teachers in a conversion charter school may be employees of the charter school or of both the charter school and the school corporation that
(c) All benefits accrued by teachers as employees of the conversion charter school are the financial responsibility of the conversion charter school.
(d) All benefits accrued by a teacher during the time the teacher was an employee only of the school corporation that
whether to grant a charter is not subject to restraint by a collective
bargaining agreement.
(b) This subsection applies to
(c) This subsection applies to the executive of a consolidated city that
(d) This subsection applies to
(e) This subsection applies to the charter board. In a calendar year, the charter school board may collect from the organizer of a charter school
(f)
(g) Except for oversight services, a charter school may not be required to purchase services from its
(h) A charter school may choose to purchase services from its
(i) Not later than ninety (90) days after the end of each fiscal year, each
(1) State tuition support and other state distributions to the school corporation.
(2) Any other amount deposited in the school corporation's general fund.
(b) The total amount that may be transferred under subsection (a) in a calendar year to a particular conversion charter school may not exceed the result determined under STEP FOUR of the following formula:
STEP ONE: Determine the result of:
(A) the amount of state tuition support that the school corporation is eligible to receive in the calendar year; divided by
(B) the current ADM of the school corporation for the calendar year.
STEP TWO: Determine the result of:
(A) the amount of state tuition support that the conversion charter school is eligible to receive in the calendar year;
divided by
(B) the current ADM of the conversion charter school for the
calendar year.
STEP THREE: Determine the greater of zero (0) or the result of:
(A) the STEP ONE amount; minus
(B) the STEP TWO amount.
STEP FOUR: Determine the result of:
(A) the STEP THREE amount; multiplied by
(B) the current ADM of the conversion charter school for the
calendar year.
(1)
(A) revokes a charter before the end of the term for which the charter is granted; or
(B) does not renew a charter; or
(2) a charter school otherwise terminates its charter before the end of the term for which the charter is granted.
(b) Any state funds that remain to be distributed to the charter school in the calendar year in which an event described in subsection (a) occurs shall be distributed as follows:
(1) First, to the common school loan fund to repay any existing obligations of the charter school under IC 20-49-7.
(2) Second, to the entities that distributed the funds to the charter school. A distribution under this subdivision shall be on a pro rata basis.
(c) If the funds described in subsection (b) are insufficient to repay all existing obligations of the charter school under IC 20-49-7, the state shall repay any remaining obligations of the charter school under IC 20-49-7 from the amount appropriated for state tuition support distributions.
(b) The department shall apply for all federal funds that are
available for charter schools and for which Indiana is eligible.
(c) Upon receiving notice under IC 20-5.5-3-9 IC 20-24-3-10 from
a sponsor an authorizer that a charter has been approved, the
department shall immediately inform the organizer of the organizer's
potential eligibility for federal charter school start-up grants.
(d) The department shall distribute federal charter school start-up
grants to eligible organizers in a timely manner according to the
department's published guidelines for distributing the grants.
(e) The department shall compile a biannual report and submit the
report to the state office of federal grants and procurement and to
charter school organizers and sponsors. authorizers. The report
submitted under this subsection must contain the following information
for grants distributed under this section:
(1) Beginning and end dates for each grant cycle.
(2) The dates on which:
(A) grant applications and requests for renewal were received;
and
(B) grants were awarded.
(3) The amount of each grant awarded.
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b)
(1) the product of:
(A) the number of students included in the virtual charter school's current ADM; multiplied by
(B) the result of:
(i)
(ii) twelve (12); plus
(2) the total of any special education grants under IC 20-43-7 to which the virtual charter school is entitled for the month.
(d) The
(e)
(1) applicable federal and state laws;
(2) the charter; and
(3) the Constitution of the State of Indiana.
special education. The local educational agency status of a charter
school may not preclude a charter school from developing
partnerships with other school corporations or schools for services,
resources, and programs by mutual agreement or a formal
contract.
(b) A charter school shall have primary responsibility for
special education at the school, including identification and service
provision. The charter school shall be responsible for meeting the
needs of enrolled students with disabilities.
(c) The state shall pay directly to the charter school any federal
or state aid attributable to a student with a disability attending the
charter school.
(1) Results of all standardized testing, including ISTEP program testing, end of course assessments, and any other assessments used for each
(2) Student growth and improvement data for each authorized school.
(3) Attendance rates for each
(4) Graduation rates (if appropriate), including attainment of Core 40 and academic honors diplomas for each
(5) Student enrollment data for each
(A) The number of students enrolled.
(B) The number of students expelled.
(6) Schools that closed or for which the charter was not renewed, and the reasons for the closure or nonrenewal.
(7) Names of the authorizer's board members or ultimate decision making body.
(8) Evidence that the authorizer is in compliance with IC 20-24-2.2-1.5.
(9) A report summarizing the total amount of administrative fees collected by the authorizer and how the fees were expended, if applicable.
JULY 1, 2013]: Sec. 3. The sponsor authorizer shall oversee a charter
school's compliance with:
(1) the charter; and
(2) all applicable laws.
(1) The organizer fails to comply with the conditions established in the charter.
(2) The charter school established by the organizer fails to meet the educational goals set forth in the charter.
(3) The organizer fails to comply with all applicable laws.
(4) The organizer fails to meet generally accepted government accounting principles.
(5) One (1) or more grounds for revocation exist as specified in the charter.
(b) If a charter school closes for any reason, the authorizer shall oversee and work with the closing charter school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.
(1) Attendance records.
(2) Student performance data.
(3) Financial information.
(4) Any information necessary to comply with state and federal government requirements.
(5) Any other information specified in the charter.
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. If an organizer of a charter school maintains
an Internet web site for a charter school, the organizer of a the
charter school shall publish the names of the charter school's governing
body on the charter school's Internet web site.
(b) An existing public elementary or secondary school may be converted into a charter school if all of the following conditions apply:
(1) At least fifty-one percent (51%) of the parents of students who attend the school have signed a petition requesting the conversion, which must be completed not later than ninety (90) days after the date of the first signature.
(2) The school has been placed in either of the two (2) lowest categories or designations under IC 20-31-8-3 for two (2) consecutive years.
(3) The governing body votes to convert an existing school within the school corporation.
(c) Notwithstanding subsection (b), if a governing body operates a school that has been placed in either of the two (2) lowest categories or designations under IC 20-31-8-3 for four (4) consecutive years, the governing body may not serve as that charter school's
(d) A conversion charter school shall continue to comply with all legal requirements concerning student diversity and treatment of children with special needs and accept all students who attended the school before its conversion and who wish to attend the conversion charter school. If any space remains, any student in Indiana may attend the conversion charter school.
(1) Any local public school corporation established under Indiana law.
(2) Except as otherwise indicated in this article, a charter school organizer , including a virtual charter school organizer.
(1) a school corporation other than a virtual charter school in any calendar year under this article for all grants, distributions, and awards described in IC 20-43-2-3; and
(2) a virtual charter school in any calendar year
(b) The school corporation's basic tuition support for a year is equal to the school corporation's transition to foundation revenue for the year.
charter school.
(1) has closed or has had its charter revoked;
(2) has received an advance under this chapter; and
(3) at the time the charter school closes or has its charter revoked, has not fully paid back the advance received under this chapter.
(b) If a charter school closes or has its charter revoked, the charter school shall pay back any outstanding advance made under this chapter.
(c) The state board shall notify the attorney general if a charter school has closed or has its charter revoked and has an outstanding advance under this chapter. The attorney general shall use any means under the attorney general's authority to collect the principal on any unpaid advance.
(d) Any charter school or successor of interest to the charter school must pay back any unpaid advance under this chapter before it may receive a new charter school startup grant under IC 20-24-7.5 or grants or loans from the charter school facilities assistance program under IC 20-24-12-2.