Bill Text: IN HB1427 | 2013 | Regular Session | Engrossed
Bill Title: Various education matters.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-05-13 - Public Law 286 [HB1427 Detail]
Download: Indiana-2013-HB1427-Engrossed.html
Citations Affected: IC 4-12; IC 4-13; IC 5-22; IC 6-3.1; IC 9-18;
IC 12-17; IC 20-18; IC 20-19; IC 20-20; IC 20-23; IC 20-26; IC 20-27;
IC 20-28; IC 20-29; IC 20-30; IC 20-31; IC 20-32; IC 20-33; IC 20-40;
IC 20-41; IC 20-42; IC 20-42.5; IC 20-43; IC 36-1; noncode.
Effective: Upon passage; July 1, 2011 (retroactive); January 1, 2013
(retroactive); July 1, 2013.
(SENATE SPONSORS _ KRUSE, SCHNEIDER, RANDOLPH, BANKS)
January 22, 2013, read first time and referred to Committee on Education.
February 7, 2013, amended, reported _ Do Pass.
February 11, 2013, read second time, amended, ordered engrossed.
February 12, 2013, engrossed. Read third time, passed. Yeas 66, nays 30.
February 25, 2013, read first time and referred to Committee on Education and Career Development.
April 4, 2013, amended, reported favorably _ Do Pass.
April 9, 2013, read second time, amended, ordered engrossed.
Digest Continued
Digest Continued
school level. Provides that if a school has appealed the school's performance designation and the school's designation changes, the department must change the designation in the department's records, notify the school, and disseminate information concerning the change in the same manner as the information concerning the school's designation was disseminated. Provides that a school's reading plan must include an emphasis on a growth model measure and must include two or more assessments throughout the school year. Provides that a school's reading plan must include an emphasis on a home and school reading initiative with appropriate consultation with parents to accelerate the reading improvement of the student. Provides that a parent may request a rescoring of a student's responses on any statewide assessment that the student is required to complete. Provides that the state board may require assessments in addition to ISTEP assessments for secondary students. Makes conforming changes. Makes technical corrections.
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.
(1) The certified school to career program and grants under IC 22-4.1-8.
(2) The certified internship program and grants under IC 22-4.1-7.
(3) The Indiana economic development partnership fund under IC 4-12-10.
(4) Minority training program grants under IC 22-4-18.1-11.
education.
(9) (8) The coal technology research fund under IC 21-47-4-5.
(1) a significant equipment purchase; and
(2) reasonably likely to be purchased by several school corporations.
(b) The term does not include the following:
(1)
(2) A special purpose bus (as defined in IC 20-27-2-10).
(3) A school bus (as defined in IC 20-27-2-8).
(b) This chapter does not apply to dispositions of property described in any of the following:
(1) IC 5-22-21-1(b).
(2) IC 36-1-11-5.5.
(3) IC 36-1-11-5.7.
(c) This chapter does not apply to any of the following:
(1) The disposal of property under an urban homesteading program under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under IC 36-1-10.
(4) The disposal of property by a redevelopment commission established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners established under IC 8-22-2 or an airport authority established under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit (as defined in IC 36-1-2-23) to an Indiana nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue Code or the sale or reletting of that property by the nonprofit corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The disposal of surplus property by the health and hospital
corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under
IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under
IC 36-10-7-8.
(19) The disposal of textbooks curricular materials that will no
longer be used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality,
affordable housing for residents of Indiana having low or
moderate incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
Places, as determined by the division of historic preservation
and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a governmental body under IC 5-23.
(1) Public or private elementary or secondary schools.
(2) The parent or guardian of a student enrolled in grade 1 through 12 that is
(b) A service center may sell qualified computer equipment under this chapter to schools, parents, or guardians located outside the service center's normal service area, but not outside Indiana.
(c) Before a public or private elementary school may purchase qualified computer equipment from a service center, the school must submit a statement to the service center detailing the following:
(1) The school's computer education program or planned computer education program.
(2) The school's planned use of the qualified computer equipment, including the goals of the plan, the implementation of the plan, and the number of students that will be served with the qualified computer equipment.
(d) A school that purchases qualified computer equipment from a service center may sell the qualified computer equipment to a parent or guardian of a child who is enrolled in the school's computer education program.
(e) Before a parent or guardian of a student may purchase qualified computer equipment from a service center, the parent or guardian must present proof, in the form approved by the service center, that:
(1) the child of the parent or guardian is a participant in
program; and
(2) the qualified computer equipment will be used by the child for
an educational purpose.
(1) A listing of the schools that participated in the program including the school's location, whether the school is a private or public school,
(2) The board's opinion regarding the success of the program.
(3) The amount of tax credits granted to donors.
(b) Registration and reregistration for a school bus under this section is for one (1) year.
(c) A certificate of inspection as
(d) A person registering a school bus under this section shall pay the annual registration fee required under IC 9-29-5-8 and any fees and service charges required of a vehicle registered under this chapter.
(e) Upon registration of a school bus under this section, the bureau shall issue a license plate under section 30 of this chapter, including:
(1) an annual renewal tag; or
(2) other indicia;
to be attached on the semipermanent plate.
(f) A license plate with a renewal tag or other indicia of registration issued under this section may be displayed during:
(1) the calendar year for which the school bus is registered; and
(2) the period:
(A) after the calendar year; and
(B) before
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. (a) To evaluate the effectiveness of step ahead
as the program relates to the step ahead goals listed in section 13 of this
chapter, the panel shall employ the following assessment mechanisms:
(1) The step ahead county coordinator shall annually report to the
panel on the development, quality, and appropriateness of the
individual family service plans for children whose parents qualify
under the income eligibility guidelines.
(2) The step ahead county coordinator shall annually report to the
panel on the number of children who:
(A) are using step ahead services; and
(B) do not qualify under the income eligibility guidelines.
(3) The panel shall annually assess the results of any readiness
program under IC 20-20-26 established by the department of
education for students in kindergarten and grade 1 to determine
whether children enrolling in school after benefiting from step
ahead demonstrate greater readiness for learning. The department
of education shall cooperate with the panel in this regard by
assisting in defining the term "readiness" and supporting the
evaluation based on knowledge and training in early childhood.
(4) Any other valid assessment technique or method approved by
the panel.
(b) The panel shall implement a schedule for assessing step ahead
programs, using prior evaluation results and techniques learned
through the department of education's pilot preschool programs.
(1) books;
(2) hardware that will be consumed, accessed, or used by a single student during a semester or school year;
(3) computer software; and
(4) digital content.
(1) The designation and employment of the employees and consultants necessary for the department. The state board shall fix the compensation of employees of the department, subject to the approval of the budget committee and the governor under IC 4-12-2.
(2) The establishment and maintenance of standards and guidelines for media centers, libraries, instructional materials centers, or any other area or system of areas in a school where a full range of information sources, associated equipment, and services from professional media staff are accessible to the school community. With regard to library automation systems, the state board may only adopt rules that meet the standards established by the state library board for library automation systems under IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student personnel and guidance services.
(4) The inspection of all public schools in Indiana to determine the condition of the schools. The state board shall establish standards governing the accreditation of public schools. Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
(E) IC 20-31-3, IC 20-32-4, IC 20-32-5,
is a prerequisite to the accreditation of a school. Local public school officials shall make the reports required of them and otherwise cooperate with the state board regarding required inspections. Nonpublic schools may also request the inspection for classification purposes. Compliance with the building and site guidelines adopted by the state board is not a prerequisite of accreditation.
(5) The distribution of funds and revenues appropriated for the support of schools in the state.
(6) The state board may not establish an accreditation system for nonpublic schools that is less stringent than the accreditation system for public schools.
(7) A separate system for recognizing nonpublic schools under IC 20-19-2-10. Recognition of nonpublic schools under this subdivision constitutes the system of regulatory standards that apply to nonpublic schools that seek to qualify for the system of recognition.
(8) The establishment and enforcement of standards and guidelines concerning the safety of students participating in cheerleading activities.
(9) Subject to IC 20-28-2, the preparation and licensing of teachers.
(b) Before final adoption of any rule, the state board shall make a finding on the estimated fiscal impact that the rule will have on school corporations.
(1) Establish the educational goals of the state, developing standards and objectives for local school corporations.
(2) Assess the attainment of the established goals.
(3) Assure compliance with established standards and objectives.
(4) Coordinate with the commission for higher education (IC 21-18-1) and the department of workforce development (IC 22-4.1-2) to develop entrepreneurship education programs for elementary and secondary education, higher education, and individuals in the work force.
(5) Make recommendations to the governor and general assembly concerning the educational needs of the state, including financial needs.
(6) Provide for reviews to ensure the validity and reliability of the ISTEP program.
(1) "common core standards" refers to educational standards developed for kindergarten through grade 12 by the Common Core State Standards Initiative; and
(2) "cut scores" means the scores that define a student's performance on an assessment, including passing, failing, or
falling into a performance category.
(b) Notwithstanding section 14 of this chapter and except as in
the manner provided in subsection (d), after June 30, 2013, the
state board may not:
(1) continue to implement as standards for the state or direct
the department to implement any common core standards
developed by the Common Core State Standards Initiative;
and
(2) require the use of the Partnership for Assessment of
Readiness for College and Careers assessment or the Smarter
Balanced assessment by schools;
until the state board receives and considers the reports received
under subsections (c) and (e). This section does not remove
academic standards developed or implemented by the state board
before July 1, 2013.
(c) The legislative council shall establish a legislative study
committee to study issues relating to common core standards or
other standards and the assessments described in subsection (b)(2).
Not later than November 1, 2013, the legislative committee shall
submit the committee's final report to the legislative council and to
the state board. The report must:
(1) compare existing Indiana standards with the common core
standards; and
(2) consider best practices in developing and adopting the
standards, seeking information from a broad range of
sources, including:
(A) subject area teachers from elementary and secondary
schools in Indiana;
(B) subject area instructors and experts from
postsecondary educational institutions; and
(C) any other standards the state board considers to be
superior standards.
The legislative study committee shall operate under the policies
governing study committees adopted by the legislative council.
(d) After the state board has received and considered the final
report of the legislative study committee established under
subsection (c) and the report of the office of management and
budget concerning the costs of implementing the common core
standards in Indiana under subsection (e), the state board shall
implement educational standards that use the common core
standards as the base model for academic standards to the extent
necessary to comply with federal standards to receive a flexibility
waiver under 20 U.S.C. 7861. However, higher academic standards
may be adopted that supplement or supplant the common core
standards if the higher educational standards would qualify for a
flexibility waiver under 20 U.S.C. 7861 because the higher
educational standards meet United States Department of
Education flexibility waiver requirements that ensure college and
career readiness of students.
(e) Before the state board may implement academic standards
under subsection (d), the state board shall secure an opinion from
the office of management and budget established by IC 4-3-22-3
concerning the implementation costs to the state and school
corporations for the first three (3) years after the common core
standards or other standards recommended by the state board or
legislative committee are adopted.
(f) Notwithstanding subsection (b), after June 30, 2013, any
academic standard that was in effect on June 30, 2013, may
continue to be implemented, and academic standards for grade 2
may be adopted, amended, or revised.
(g) This subsection does not apply to an agreement with the
United States Department of Education concerning a waiver from
federal requirements. After June 30, 2013, the state, or the state
board on behalf of the state, may not enter into or renew an
agreement with any organization, entity, group, or consortium that
requires the state to cede any measure of autonomy or control of
education standards and assessments, including cut scores.
following:
(1) Local school program development.
(2) Technical and inservice training assistance for local schools.
(3) Local school initiatives in writing curricula in the areas of
health and physical education.
(4) Cardiopulmonary resuscitation training using a training
program approved by the American Heart Association or an
equivalent nationally recognized training program.
(d) The department may give grants to or enter into contracts with
individuals or school corporations to carry out the purposes of the
program in health and physical education.
(1) The academic standards under IC 20-31-3, IC 20-32-4, and IC 20-32-5
(2) The content and format of the ISTEP program, including the following:
(A) The graduation examination.
(B) The passing scores required at the various grade levels tested under the ISTEP program.
(1) operates under rules established by the state board;
(2) is the administrative and operational unit that serves a definitive geographical boundary, which, to the extent possible, must be aligned with the boundary of a regional works council's region established under IC 20-19-6;
(3) allows school corporations to voluntarily cooperate and share programs and services that the school corporations cannot individually provide but collectively may implement.
(b) Programs and services collectively implemented through an educational service center may include, but are not limited to, the following:
(1) Curriculum development.
(2) Pupil personnel and special education services.
(3) In-service education.
(4) State-federal liaison services.
(5) Instructional materials and multimedia services.
(6) Career and technical education.
(7) Purchasing and financial management.
(8) Needs assessment.
(9) Computer use.
(10) Research and development.
invited to serve one (1) year of professional leave with:
(1) an Indiana postsecondary educational institution; or
(2) the department.
(1) Grant the
(2) Allow the
(A) to the same or a comparable position as the
(B) without loss of accrued benefits or seniority.
(3) Continue to provide the
(b) The department shall reimburse a school for the cost of benefits provided by the school to
(1) the curricular materials' alignment to the academic standards
(2) the appropriateness of the reading level of the curricular materials.
(b) The department shall determine the process for evaluating curricular materials under subsection (a).
(1) Provide a list of each curricular material evaluated and a summary of the evaluation for each curricular material.
(A) English/language arts, including spelling, literature, and handwriting.
(B) Reading.
(C) Mathematics.
(D) Science.
(E) Social studies.
(F)
(3) Include any clarification or response from the publisher of a curricular material related to the department's summary review provided under subdivision (2).
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The state superintendent shall
notify the governing bodies of each school corporation, charter school,
and accredited nonpublic school immediately of:
(1) the initial publication and annual update on the department's
Internet web site of the report described in section 2(b) 2(c) of
this chapter, including the Internet web site address where the
report is published; and
(2) updates of the following types of information in the report
described in section 2(b) 2(c) of this chapter:
(A) The addition of materials.
(B) The removal of materials.
(C) Changes in the per unit price of curricular materials that
exceed five percent (5%).
(b) A notification under this section must state that:
(1) the reviews of curricular materials included in the report
described in section 2(b) 2(c) of this chapter are departmental
reviews only; and
(2) each governing body has authority to adopt textbooks
curricular materials for a school corporation.
(1) upon review of the applications received under section 5 of this chapter;
(A) To the extent possible, to achieve geographic balance throughout Indiana and to include urban, suburban, and rural school corporations.
(B) To address a documented need for new or expanded school intervention or career counseling programs, including considering the percentage of students within the school corporation who are designated as at risk students.
(C) To promote innovative methods for initiating or expanding school intervention or career counseling programs.
(D) To reward school corporations that propose school intervention or career counseling programs that demonstrate the greatest potential for replication and implementation in Indiana.
(E) To lower school counselor/student ratios where the ratios are excessively high.
2013]. (Projects for Innovative Education).
administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and
student learning, including standards for effective teaching and
effective professional development.
(b) Impeachment proceedings are governed by the provisions of law for impeaching county officers.
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law. However, a governing body may not use funds received from the state to bring or join in an action against the state, unless the governing body is challenging an adverse decision by a state agency, board, or commission.
(2) To take charge of, manage, and conduct the educational affairs of the school corporation and to establish, locate, and provide the necessary schools, school libraries, other libraries where permitted by law, other buildings, facilities, property, and equipment.
(3) To appropriate from the school corporation's general fund an amount, not to exceed the greater of three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve thousand five hundred dollars ($12,500), based on the school corporation's previous year's ADM, to promote the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or awards;
(B) provision for expenses incurred in interviewing job applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or maintenance of real estate, real estate improvements, or an interest in real estate or real estate improvements, as the governing body considers necessary for school purposes, including buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1. IC 20-28-9-1.5.
(C) Classify persons or services described in this subdivision and to adopt schedules of salaries or compensation that are consistent with
(D) Determine the number of the persons or the amount of the services employed or contracted for as provided in this subdivision.
(E) Determine the nature and extent of the duties of the persons described in this subdivision.
The compensation, terms of employment, and discharge of teachers are, however, subject to and governed by the laws relating to employment, contracting, compensation, and discharge of teachers. The compensation, terms of employment, and discharge of bus drivers are subject to and governed by laws relating to employment, contracting, compensation, and discharge of bus drivers. The forms and procedures relating to the use of computer and data processing equipment in handling the financial affairs of the school corporation must be submitted to the state board of accounts for approval so that the services are used by the school corporation when the governing body determines that it is in the best interest of the school corporation while at the same time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision (3), when the governing body by resolution considers a trip by an employee of the school corporation or by a member of the governing body to be in the interest of the school corporation, including attending meetings, conferences, or examining equipment, buildings, and installation in other areas, to permit the employee to be absent in connection with the trip without any loss in pay and to reimburse the employee or the member the employee's or member's reasonable lodging and meal expenses and necessary transportation expenses. To pay teaching personnel for time spent in sponsoring and working with school related trips or activities.
(10) Subject to IC 20-27-13, to transport children to and from school, when in the opinion of the governing body the transportation is necessary, including considerations for the safety of the children and without regard to the distance the children live from the school. The transportation must be otherwise in accordance with applicable law.
(11) To provide a lunch program for a part or all of the students attending the schools of the school corporation, including the establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, curricular materials, to furnish
textbooks curricular materials without cost or to rent textbooks
curricular materials to students, to participate in a textbook
curricular materials aid program, all in accordance with
applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. In accordance with IC 20-26-17, to:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident, sickness, health, or dental coverage, provided that a plan of self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to sign all documents necessary for the receipt of aid, money, or property from the state, the federal government, or from any other source.
(17) To defend a member of the governing body or any employee of the school corporation in any suit arising out of the performance of the member's or employee's duties for or employment with, the school corporation, if the governing body by resolution determined that the action was taken in good faith. To save any member or employee harmless from any liability, cost, or damage in connection with the performance, including the payment of legal fees, except where the liability, cost, or damage is predicated on or arises out of the bad faith of the member or employee, or is a claim or judgment based on the member's or employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules, regulations, and procedures:
(A) for the government and management of the schools, property, facilities, and activities of the school corporation, the school corporation's agents, employees, and pupils and for the operation of the governing body; and
(B) that may be designated by an appropriate title such as "policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the governing body, an officer of the governing body, or an employee of the school corporation after the action is taken, if the action could have been approved in advance, and in connection with the action to pay the expense or compensation permitted under IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in carrying out the governing body's general powers and purposes provided in this chapter or in carrying out the powers delineated in this section which is reasonable from a business or educational standpoint in carrying out school purposes of the school corporation, including the acquisition of property or the employment or contracting for services, even though the power or expenditure is not specifically set out in this chapter. The specific powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
IC 20-26-5-34.4
34.4.
(1) operating cost; and
(2) capital cost.
These costs must be allocated on a per student basis separately for each class of school.
(b) The operating cost for each class of school must be based on the total expenditures of the transferee corporation for the class from its general fund expenditures as set out on the classified budget forms prescribed by the state board of accounts, excluding from the calculation capital outlay, debt service, costs of transportation, salaries of board members, contracted service for legal expenses and any expenditure that is made out of the general fund from extracurricular account receipts, for the school year.
(c) The capital cost for each class of school must consist of the lesser of the following alternatives:
(1) The capital cost must be based on an amount equal to five percent (5%) of the cost of transferee corporation's physical plant, equipment, and all items connected to the physical plant or equipment, including:
(A) buildings, additions, and remodeling to the buildings, excluding ordinary maintenance; and
(B) on-site and off-site improvements such as walks, sewers, waterlines, drives, and playgrounds;
that have been paid or are obligated to be paid in the future out of the general fund, capital projects fund, or debt service fund, including principal and interest, lease rental payments, and funds that were legal predecessors to these funds. If an item of the
physical plant, equipment, appurtenances, or part of the item is
more than twenty (20) years old at the beginning of the school
year, the capital cost of the item shall be disregarded in making
the capital cost computation.
(2) The capital cost must be based on the amount budgeted from
the general fund for capital outlay for physical plant, equipment,
and appurtenances and the amounts levied for the debt service
fund and the capital projects fund for the calendar year in which
the school year ends.
(d) If an item of expense or cost cannot be allocated to a class of
school, the item shall be prorated to all classes of schools on the basis
of the ADM of each class in the transferee corporation compared to the
total ADM therein.
(e) The transfer tuition for each student transferred for each school
year shall be calculated by dividing the transferee school corporation's
total operating costs and the total capital costs for the class of school
in which the student is enrolled by the ADM of students therein. If a
transferred student is enrolled in a transferee corporation for less than
the full school year, the transfer tuition shall be calculated by the
proportion of such school year for which the transferred student is
enrolled. A school year for this purpose consists of the number of days
school is in session for student attendance. A student shall be enrolled
in a transferee school, whether or not the student is in attendance,
unless the:
(1) student's residence is outside the area of students transferred
to the transferee corporation;
(2) student has been excluded or expelled from school; or
(3) student has been confirmed as a school dropout.
The transferor and transferee corporations may enter into written
agreements concerning the amount of transfer tuition. If an agreement
cannot be reached, the amount shall be determined by the state
superintendent, with costs to be established, where in dispute, by the
state board of accounts.
(f) The transferor corporation shall pay the transferee corporation,
when billed, the amount of book curricular material rental due from
transferred students who are unable to pay the book curricular
material rental amount. The transferor corporation is entitled to collect
the amount of the book curricular material rental from the
appropriate township trustee, from its own funds, or from any other
source, in the amounts and manner provided by law.
JULY 1, 2013]: Sec. 1. (a) Except as provided in subsections (b) and
(c) and notwithstanding any other law, each governing body shall
purchase from a publisher, either individually or through a purchasing
cooperative of school corporations, the textbooks curricular materials
selected by the proper local officials, and shall rent these textbooks the
curricular materials to each student enrolled in a public school that
is:
(1) in compliance with the minimum certification standards of the
state board; and
(2) located within the attendance unit served by the governing
body.
(b) This section does not prohibit the purchase of textbooks
curricular materials at the option of a student or the providing of free
textbooks curricular materials by the governing body under sections
6 through 21 of this chapter.
(c) This section does not prohibit a governing body from suspending
the operation of this section under a contract entered into under
IC 20-26-15.
(1) in compliance with the minimum certification standards of the state board; and
(2) located within the attendance unit served by the governing body.
The annual rental rate may not exceed twenty-five percent (25%) of the retail price of the
(b) Notwithstanding subsection (a), the governing body may not assess a rental fee of more than fifteen percent (15%) of the retail price of
(1) extended for usage by students under section 24(e) of this chapter; and
(2) paid for through rental fees previously collected.
(c) This section does not limit other laws.
materials is are no longer scheduled for use in the school corporation,
the governing body may sell, exchange, transfer, or otherwise convey
the textbook. curricular materials. However, before a governing body
may mutilate or otherwise destroy a textbook, the curricular
materials, the governing body must first comply with the following
provisions:
(1) Subsection (b).
(2) Subsection (c).
(3) Section 4 of this chapter.
(4) Section 5 of this chapter.
(b) Before a governing body may mutilate or otherwise destroy a
textbook, curricular materials, the governing body shall provide at no
cost and subject to availability one (1) copy of each textbook any
curricular material that is no longer scheduled for use in the school
corporation to:
(1) the parent of each student who is enrolled in the school
corporation and who wishes to receive a copy of the textbook;
curricular material; and
(2) if any textbooks curricular materials remain after
distribution under subdivision (1), to any resident of the school
corporation who wishes to receive a copy of the textbook.
curricular material.
(c) If a governing body does not sell, exchange, transfer, or
otherwise convey unused textbooks curricular materials under
subsection (a) or (b), each public elementary and secondary school in
the governing body's school corporation shall provide storage for at
least three (3) months for the textbooks curricular materials in the
school corporation. A school corporation may sell or otherwise convey
the textbooks curricular materials to another school corporation at
any time during the period of storage.
(b) Upon request, the state superintendent shall mail to a nonprofit corporation or institution located in Indiana a list of
appropriate school corporation by paying only the cost of shipping and
mailing.
(b) As used in sections
(b) This subsection applies to a governing body that has established an elementary school library under subsection (a). If a petition requesting establishment of a high school library is filed with the governing body, the governing body shall provide a library containing
JULY 1, 2013]: Sec. 8. A petition for an elementary or a high school
library under section 7 of this chapter must be in substantially the
following form:
To the governing body of the school corporation of ___________
We, the undersigned voters of the school corporation of _______
respectfully petition the governing body of the school corporation of
_______ to establish an elementary school (or high school, as
appropriate) library and to lend its school textbooks curricular
materials free of charge to the resident students of the school
corporation of _____________, under IC 20-26-12.
NAME ADDRESS DATE
_________ _________ _________
_________ _________ _________
STATE OF INDIANA )
) SS:
___________ COUNTY )
_____________ being duly sworn, deposes and says that he or she is
the circulator of this petition paper and that the appended signatures
were made in his or her presence and are the genuine signatures of the
persons whose names they purport to be.
(1) an elementary school library containing
(2) a high school library containing
as applicable.
general fund in August following the petition's filing. Not later than the
school term following the first appropriation, the library must be
established and textbooks curricular materials must be loaned to
resident students enrolled in the first five (5) grades of the elementary
school. Not later than the second school term following the first
appropriation, textbooks curricular materials must be procured and
loaned to resident students enrolled in the eight (8) grades of the
elementary school.
(b) This subsection applies to a school corporation described in
section 13(2) of this chapter. The governing body shall make the first
appropriation from the school corporation's general fund in September
following the petition's filing. Not later than the second school term
following the first appropriation, the library must be established and
textbooks curricular materials of the library must be loaned to
resident students enrolled in grade nine of the high school. During each
following school term, textbooks curricular materials must be
procured and loaned to resident students for an additional high school
grade, in addition to the earlier high school grades.
(b) A governing body shall purchase
(1) from a resident student who presents the
(2) with money from the school corporation's general fund; and
(3) at a price based on the original price to the school corporation minus a reasonable reduction for damage from usage.
curricular materials are available to each resident student under this
chapter and under regulations prescribed by the superintendent and
governing body of the school corporation.
(b) In the annual settlement between the school corporations for tuition of transferred students, the amounts must include rental of the
no cost and subject to availability one (1) copy of each textbook any
curricular material that is no longer scheduled for use in the school
corporation to:
(1) the parent of each child who is enrolled in the school
corporation and who wishes to receive a copy of the textbook;
curricular material; and
(2) if any textbooks curricular materials remain after
distribution under subdivision (1), to any resident of the school
corporation who wishes to receive a copy of the textbook.
curricular material.
(1) the schedule for payments shall coincide with student payments to the school corporation for
(2) the schedule must not require the school corporation to assume a greater burden than payment of twenty-five percent (25%) within thirty (30) days after the beginning of the school year immediately following delivery by the contracting publisher with the school corporation's promissory note evidencing the unpaid balance.
(1) borrow money to buy
(2) issue notes, maturing serially in not more than six (6) years and payable from its general fund, to secure the loan.
However, when an adoption is made by the proper local officials for less than six (6) years, the period for which the notes may be issued is limited to the period for which that adoption is effective.
(b) Notwithstanding subsection (a), a school township may not borrow money to purchase
(b) The governing body, upon receiving these recommendations from the superintendent, shall adopt
(c) A special committee of teachers and parents may also be appointed to review books, magazines, and audiovisual material used or proposed for use in the classroom to supplement state adopted
(d)
(1) six (6) years; or
(2) the effective period of the academic standards adopted by the state board to which
(e) A selection may be extended beyond that period for up to six (6) years.
(f) The governing body may, if the governing body considers it appropriate, retain
(g) The superintendent, advisory committee, and governing body may consider using the list of curricular materials
(h) Notwithstanding subsection (g) and this chapter, the superintendent, advisory committee, and governing body shall adopt reading
(i) A governing body may not purchase
(1) large type;
(2) Braille; and
(3) audio format.
list of those selections for all subjects and grades.
(1) evaluate the affected children's
(2) offer to purchase the
(1) a sufficient number of academic credits, or the equivalent of academic credits; and
(2) the graduation examination or waiver process required under IC 20-32-3 through
resulting in the awarding of a high school diploma or an academic honors diploma.
(b) The term does not include the granting of a general educational development diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18.
(1) The following statutes and rules concerning curriculum and instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation system.
(6) IC 20-32-5, concerning the ISTEP program established under IC 20-32-5-15, if an alternative locally adopted assessment program is adopted under section 6(7) of this chapter.
(1) Set standards for teacher licensing and for the administration of a professional licensing and certification process by the
department.
(2) Approve or disapprove teacher preparation programs.
(3) Set fees to be charged in connection with teacher licensing.
(4) Suspend, revoke, or reinstate teacher licenses.
(5) Enter into agreements with other states to acquire reciprocal
approval of teacher preparation programs.
(6) Set standards for teacher licensing concerning new subjects of
study.
(7) Evaluate work experience and military service concerning
postsecondary education and experience equivalency.
(8) Perform any other action that:
(A) relates to the improvement of instruction in the public
schools through teacher education and professional
development through continuing education; and
(B) attracts qualified candidates for teacher education from
among the high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as
independent practice school psychologists under IC 20-28-12.
(10) Before July 1, 2011, set standards for sign language
interpreters who provide services to children with disabilities in
an educational setting and an enforcement mechanism for the
interpreter standards.
(b) Notwithstanding subsection (a)(1), an individual is entitled to
one (1) year of occupational experience for purposes of obtaining an
occupational specialist certificate under this article for each year the
individual holds a license under IC 25-8-6.
(c) The state board may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to establish procedures to
expedite the issuance, renewal, or reinstatement under this article of a
license or certificate of a person whose spouse serves on active duty (as
defined in IC 25-1-12-2) and is assigned to a duty station in Indiana.
(b) A principal may decline to continue a probationary teacher's contract under sections 2 through 4 of this chapter if the probationary teacher:
(1) receives an ineffective designation on a performance evaluation under IC 20-28-11.5;
(2) receives two (2) consecutive improvement necessary ratings on a performance evaluation under IC 20-28-11.5; or
(3) is subject to a justifiable decrease in the number of teaching positions or any reason relevant to the school corporation's interest.
(c) Except as provided in subsection (e), a principal may not decline to continue a professional or established teacher's contract unless the teacher is subject to a justifiable decrease in the number of teaching positions.
(d) After June 30, 2012, the cancellation of teacher's contracts due to a justifiable decrease in the number of teaching positions shall be determined on the basis of performance rather than seniority. In cases where teachers are placed in the same performance category, any of the items in
(e) A contract with a teacher may be canceled immediately in the manner set forth in sections 2 through 4 of this chapter for any of the following reasons:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules adopted for the governance of the school building or the school corporation.
(3) Justifiable decrease in the number of teaching positions.
(4) Incompetence, including receiving:
(A) an ineffective designation on two (2) consecutive performance evaluations under IC 20-28-11.5; or
(B) an ineffective designation or improvement necessary rating in three (3) years of any five (5) year period.
(5) Neglect of duty.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good or just cause.
(1) The school corporation refuses continuation of the contract under this chapter.
(2) The teacher delivers in person or by registered or certified mail to the school corporation the teacher's written resignation.
(3) The contract is replaced by another contract agreed to by the parties.
2011 (RETROACTIVE)]. Sec. 1. (a) This subsection takes effect July
1, 2012, or upon the expiration of a contract in existence on July 1,
2011, whichever is earlier, and governs salary increases for a teacher
employed by a school corporation on or after the date this subsection
takes effect. Compensation attributable to additional degrees or
graduate credits earned before the effective date of the local salary
schedule created under this chapter shall continue. Compensation
attributable to additional degrees for which a teacher has started course
work before July 1, 2011, and completed course work before
September 2, 2014, shall also continue.
(b) Increases or increments in a local salary scale must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than thirty-three percent (33%) of the
calculation used to determine a teacher's increase or increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the requirements
for employment; or
(ii) additional content area degrees and credit hours beyond
the requirements for employment, if required under an
agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including the
responsibility for conducting evaluations under IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the following
year if the teacher's employment contract is continued. The amount that
would otherwise have been allocated for the salary increase of teachers
rated ineffective or improvement necessary shall be allocated for
compensation of all teachers rated effective and highly effective based
on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under
subsection (c) may file a request with the superintendent or
superintendent's designee not later than five (5) days after receiving
notice that the teacher received a rating of ineffective. The teacher is
entitled to a private conference with the superintendent or
superintendent's designee.
(e) Not later than January 31, 2012, the department shall publish a
model salary schedule that a school corporation may adopt.
(f) Each school corporation shall submit its local salary schedule to
the department. The department shall publish the local salary schedules
on the department's Internet web site.
(g) The department shall report any noncompliance of this section
to the state board.
(h) The state board shall take appropriate action to ensure
compliance with this section.
(i) This chapter may not be construed to require or allow a school
corporation to decrease the salary of any teacher below the salary the
teacher was earning on or before July 1, 2012, if that decrease would
be made solely to conform to the new salary scale.
(b) Increases or increments in a local salary scale must be based upon a combination of the following factors:
(1) A combination of the following factors taken together may account for not more than thirty-three percent (33%) of the calculation used to determine a teacher's increase or increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the requirements for employment; or
(ii) additional content area degrees and credit hours beyond the requirements for employment, if required under an agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including the responsibility for conducting evaluations under IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under IC 20-28-11.5 may not receive any raise or increment for the following year if the teacher's employment contract is continued. The amount that would otherwise have been allocated for the salary increase of teachers rated ineffective or improvement necessary shall be allocated for compensation of all teachers rated effective and highly effective based on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under subsection (c) may file a request with the superintendent or superintendent's designee not later than five (5) days after receiving notice that the teacher received a rating of ineffective. The teacher is entitled to a private conference with the superintendent or superintendent's designee.
(e) Not later than January 31, 2012, the department shall publish a model salary schedule that a school corporation may adopt.
(f) Each school corporation shall submit its local salary schedule to the department. The department shall publish the local salary schedules on the department's Internet web site.
(g) The department shall report any noncompliance with this section to the state board.
(h) The state board shall take appropriate action to ensure compliance with this section.
(i) This chapter may not be construed to require or allow a school corporation to decrease the salary of any teacher below the salary the teacher was earning on or before July 1, 2012, if that decrease would be made solely to conform to the new salary scale.
(j) After June 30, 2011, all rights, duties, or obligations established under IC 20-28-9-1 before its repeal are considered rights, duties, or obligations under this section.
(1) Salary.
(2) Wages.
(3) Salary and wage related fringe benefits, including accident, sickness, health, dental, vision, life, disability, retirement benefits, and paid time off as permitted to be bargained under IC 20-28-9-11.
(b) Salary and wages include the amounts of pay increases available to employees under the salary scale adopted under
IC 20-28-9-1.5, but do not include the teacher evaluation procedures
and criteria, or any components of the teacher evaluation plan, rubric,
or tool.
(1) Curriculum development and revision.
(2)
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.
(10) Hours.
(1) not less than one (1) year of school work; and
(2) in the:
(A) historical;
(B) political;
(C) civic;
(D) sociological;
(E) economical; and
(F) philosophical;
aspects of the constitutions of Indiana and the United States.
(b) The state board shall:
(1) prescribe the course described in this section and the course's appropriate outlines; and
(2) adopt the necessary
(c) A high school student may not receive a diploma unless the student has successfully completed the interdisciplinary course described in this section.
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7.5. (a) This section does not apply to a student
who:
(1) is in half-day kindergarten; or
(2) has a medical condition that precludes participation in the
daily physical activity provided under this section.
(b) Beginning in the 2006-2007 school year, the governing body of
each school corporation shall provide daily physical activity for
students in elementary school. The physical activity must be consistent
with the curriculum and programs developed under IC 20-19-3-6 and
may include the use of recess. On a day when there is inclement
weather or unplanned circumstances have shortened the school day, the
school corporation may provide physical activity alternatives or elect
not to provide physical activity.
(1) teachers' manuals;
(2)
(3) films or other video materials;
(4) tapes; and
(5) other materials;
used in connection with a personal analysis, an evaluation, or a survey described in subsection (b).
(b) A student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student's attitudes, habits, traits, opinions, beliefs, or feelings concerning:
(1) political affiliations;
(2) religious beliefs or practices;
(3) mental or psychological conditions that may embarrass the student or the student's family;
(4) sexual behavior or attitudes;
(5) illegal, antisocial, self-incriminating, or demeaning behavior;
(6) critical appraisals of other individuals with whom the student has a close family relationship;
(7) legally recognized privileged or confidential relationships, including a relationship with a lawyer, minister, or physician; or
(8) income (except as required by law to determine eligibility for participation in a program or for receiving financial assistance
under a program);
without the prior consent of the student if the student is an adult or an
emancipated minor or the prior written consent of the student's parent
if the student is an unemancipated minor. A parental consent form for
a personal analysis, an evaluation, or a survey described in this section
shall accurately reflect the contents and nature of the personal analysis,
evaluation, or survey.
(c) The department and the governing body shall give parents and
students notice of their rights under this section.
(d) The governing body shall enforce this section.
(1) To receive the grant for alternative education programs under IC 20-20-33.
(2) To be granted waivers from rules adopted by the state board that may otherwise interfere with the objectives of the alternative education program, including waivers of:
(A) certain high school graduation requirements;
(B) the length of the student instructional day as set forth in IC 20-30-2-2;
(C) required curriculum and
(D) teacher certification requirements; and
(E) physical facility requirements.
(1) To provide educational services not available to the non-English dominant students in sufficient quantity or quality, including:
(A) remedial and compensatory instruction, psychological, and other services designed to assist and encourage non-English dominant students to enter, remain in, or reenter elementary or secondary school;
(B) comprehensive academic instruction and career and technical instruction;
(C) instructional materials (such as library books,
curricular materials, and other printed or published or
audiovisual materials) and equipment;
(D) comprehensive guidance, counseling, and testing services;
(E) special education programs for persons with disabilities;
(F) preschool programs; and
(G) other services that meet the purposes of this subdivision.
(2) To establish and operate exemplary and innovative
educational programs and resource centers that involve new
educational approaches, methods, and techniques designed to
enrich programs of elementary and secondary education for
non-English dominant students.
(1) College/technology preparation curriculum models that may include all or part of the
(2) Teacher and staff training to implement the college/technology preparation curriculum models.
(b) The college/technology preparation curriculum models that the state board adopts under subsection (a) must meet the conditions listed in
(1) for each grade level from kindergarten through grade 12; and
(2) in each subject area listed in section 2 of this chapter;
at least once every six (6) years, beginning in 2013. This revision must occur on a cyclical basis.
(b) A revision under this chapter must comply with
IC 20-19-2-14.5.
(b) The governing body may waive any rule adopted by the state board for which a waiver is requested in a plan, except for a rule that is characterized as follows:
(1) The rule relates to the health or safety of students or school personnel.
(2) The rule is a special education rule under 511 IAC 7.
(3) Suspension of the rule brings the school into noncompliance with federal statutes or regulations.
(4) The rule concerns curriculum or
(c) Upon request of the governing body and under a plan, the state board may waive for a school or a school corporation any statute or rule relating to the following:
(1) Curriculum.
(2)
(b) The state board shall adopt rules to establish new categories or designations of school improvement under the requirements of this chapter to replace 511 IAC 6.2-6. The new standards of assessing school improvement must use an A through F designation of school performance as follows:
(1) A letter score (A through F) must represent absolute individual student academic achievement in each school, aggregated at the school level.
(2) A second letter score (A through F) must represent individual student academic growth. As used in this
subdivision, "academic growth" refers to the change in
individual student achievement from one (1) state assessment
to the next, aggregated at the school level. The state board or
department shall use the letter score derived under this
subdivision when reporting scores to the United States
Department of Education.
(c) Upon adoption of rules to establish new categories or
designations of school improvement, the state board shall report to
the general assembly the proposed new categories or designations
in an electronic format under IC 5-14-6.
(d) The state board shall adopt rules under IC 4-22-2 to
implement this chapter.
(e) The state board may adopt emergency rules in the manner
provided in IC 4-22-2-37.1 to implement this chapter. This
subsection expires on the earlier of:
(1) the date the state board adopts rules under subsection (d);
or
(2) May 15, 2014.
This subsection does not abrogate the state board's responsibility
to begin the rulemaking process under IC 4-22-2-19 not later than
sixty (60) days after the effective date of this section.
(b) If as a result of an appeal a school's placement in a category or designation under section 4 of this chapter changes, the department shall:
(1) change the category or designation in the department's records;
(2) notify the school of the change; and
(3) disseminate information concerning the change in the school's placement in the same manner as information concerning the school's original placement was disseminated.
Chapter 12. School Recognition Programs
Sec. 1. As used in this chapter, "recognition program" refers to a system by which a school is recognized for the school's performance, including programs established by statute, rule, or
department policy.
Sec. 2. The department may not establish criteria for a
nonpublic school to be eligible for a recognition program that are
different from the criteria established for a public school of the
same grade levels.
(1) Give each student and the student's parent the student's ISTEP program test scores.
(2) Make available for inspection to each student and the student's parent the following:
(A) A copy of
(B) A copy of the student's scored
(C) A copy of the anchor papers and scoring rubrics used to score the student's
A student's parent may request a rescoring of a student's responses to
under IC 20-20-11.
(b) The state board may establish an assessment to be administered at the conclusion of each Core 40 course in English/language arts, mathematics, social studies, and science. However, participation in a Core 40 assessment established under this subsection must be voluntary on the part of a school corporation.
(c) The state board may establish a diagnostic reading assessment for use in grades 1 and 2 to promote grade level reading competency by grade 3. However, participation in a reading assessment established under this subsection must be voluntary on the part of a school corporation.
(d) The state board may establish assessments to supplement ISTEP assessments for secondary school students.
(1) Reading skill standards for grade 1 through grade 3.
(2) An emphasis on a method for making determinant evaluations by grade 3 that might require remedial action for the student with an emphasis on a growth measure at each grade level. The evaluations must be based on two (2) or more assessments made throughout the school year. The plan must require that the student's achievement and growth be taken into account when determining the appropriate remedial action, which may include
(3) An emphasis on a home and school reading initiative with appropriate consultation with parents to accelerate the reading improvement of a student.
state or school corporation to reallocate resources.
(b) For a charter school, as defined in IC 20-24-1-4, a plan may
include only the following:
(1) A method for making determinant evaluations of reading skills
by grade 3.
(2) Retention as a last resort for students reading below grade
level as measured by the evaluation or assessment.
(c) This subsection applies to a public school that is not a charter
school. A school corporation may receive a waiver of the requirements
provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an
alternative reading plan provided by the school corporation.
(b) The school corporation may apply for a reimbursement under section 7 of this chapter from the department of the costs incurred under subsection (a).
(c) To the extent the reimbursement received by the school corporation is less than the
(b) A school corporation shall receive a reimbursement from the department for some or all of the costs incurred by a school corporation during a school year in providing
(c) To be guaranteed some level of reimbursement from the department, the governing body of a school corporation shall request the reimbursement before November 1 of a school year.
(d) In its request, the governing body shall certify to the department:
(1) the number of students who are enrolled in that school
corporation and who are eligible for assistance under this chapter;
(2) the costs incurred by the school corporation in providing:
(A) textbooks curricular materials (including textbooks
curricular materials used in special education and high
ability classes) to these students;
(B) workbooks, digital content, and consumable textbooks
curricular materials (including workbooks, consumable
textbooks, curricular materials, and other consumable
instructional materials that are used in special education and
high ability classes) that are used by students for not more than
one (1) school year; and
(C) instead of the purchase of textbooks, curricular
materials, developmentally appropriate material for
instruction in kindergarten through the grade 3 level,
laboratories, and children's literature programs; and
(D) curricular materials; (as defined in IC 20-20-5.5-1);
(3) that each textbook the curricular materials described in
subdivision (2)(A) (except those textbooks curricular materials
used in special education classes and high ability classes) has
have been adopted by the governing body; and
(4) any other information required by the department.
(e) Each school within a school corporation shall maintain complete
and accurate information concerning the number of students
determined to be eligible for assistance under this chapter. This
information shall be provided to the department upon request.
(f) Parents receiving other governmental assistance or aid that
considers educational needs in computing the entire amount of
assistance granted may not be denied assistance if the applicant's total
family income does not exceed the standards established by this
chapter.
(g) The amount of reimbursement that a school corporation is
entitled to receive shall be determined as provided in section 9.5 of this
chapter.
(b) The department shall provide each accredited nonpublic school with sufficient application forms for assistance, prescribed by the state board of accounts.
(c) Each accredited nonpublic school shall provide the parents or emancipated minors who wish to apply for assistance with:
(1) the appropriate application forms; and
(2) any assistance needed in completing the application form.
(d) The parent or emancipated minor shall submit the application to the accredited nonpublic school. The accredited nonpublic school shall make a determination of financial eligibility subject to appeal by the parent or emancipated minor.
(e) If a determination is made that the applicant is eligible for assistance, subsection (a) applies.
(f) To be guaranteed some level of reimbursement from the department, the principal or other designee shall submit the reimbursement request before November 1 of a school year.
(g) In its request, the principal or other designee shall certify to the department:
(1) the number of students who are enrolled in the accredited nonpublic school and who are eligible for assistance under this chapter;
(2) the costs incurred in providing:
(A)
(B) workbooks, digital content, and consumable
(3) that
(4) any other information required by the department.
(h) The amount of reimbursement that a parent or emancipated minor is entitled to receive shall be determined as provided in section 9.5 of this chapter.
(i) The accredited nonpublic school shall distribute the money received under this chapter to the appropriate eligible parents or
emancipated minors.
(j) Section 7(h) 7(f) of this chapter applies to parents or
emancipated minors as described in this section.
(k) The accredited nonpublic school and the department shall
maintain complete and accurate information concerning the number of
applicants determined to be eligible for assistance under this section.
(l) The state board shall adopt rules under IC 4-22-2 to implement
this section.
(1) withhold
(2) require any special services from a child; or
(3) deny the child any benefit or privilege;
because the parent fails to pay required fees.
(b) Notwithstanding subsection (a), a school corporation may take any action authorized by law to collect unpaid fees from parents who are determined to be ineligible for assistance, including recovery of reasonable attorney's fees and court costs in addition to a judgment award against those parents.
(b) The treasurer of state shall invest the money in the school
(b) The governing body may transfer the amount levied to cover unreimbursed costs of
(1) school lunch; and
(2) rental or sale of
may be established as separate funds, separate and apart from the general fund, if no local tax rate is established for the programs.
(1) The township trustee may supervise and control the program through its school corporation account by establishing a
(2) If
relating to the budgets of local governmental units.
(b) If either program or both programs under sections 1 and 2 of this
chapter are operated through the extracurricular account, the township
trustee shall approve the amount of the bond of the treasurer of the
extracurricular account in an amount the township trustee considers
necessary to protect the account for all funds coming into the hands of
the treasurer.
(1) The governing body may supervise and control the program through the school corporation account, establishing a
(2) If
(b) If the governing body determines that a hardship exists due to the inability of a student's family to purchase or rent
(b) If either the lunch program or
the bond of the treasurer of the extracurricular account in an amount
the governing body considers sufficient to protect the account for all
funds coming into the hands of the treasurer of the account.
(1) Each year the trustee shall pay, to the parent or legal guardian of any child whose residence is within the township, the initial cost for the rental of
(2) Students who are residents of the township for the last two (2) years of their secondary education and who still reside within the township are entitled to receive financial assistance in an amount not to exceed an amount determined by the trustee and the township board during an annual review of postsecondary education fees and tuition costs of education at any accredited postsecondary educational institution. Amounts to be paid to each eligible student shall be set annually after this review. The amount paid each year must be:
(A) equitable for every eligible student without regard to race, religion, creed, sex, disability, or national origin; and
(B) based on the number of students and the amount of funds available each year.
(3) A person who has been a permanent resident of the township continuously for at least two (2) years and who needs educational assistance for job training or retraining may apply to the trustee of the township for financial assistance. The trustee and the township board shall review each application and make assistance available according to the need of each applicant and the availability of funds.
(4) If all the available funds are not used in any one (1) year, the unused funds shall be retained in the account by the trustee for use in succeeding years.
individually, in collaboration with other school corporations, and
through the educational services centers may undertake action to
reduce noninstructional expenditures and allocate the resulting savings
to student instruction and learning. Actions taken under this section
include the following:
(1) Pooling of resources with other school corporations for
liability insurance, property and casualty insurance, worker's
compensation insurance, employee health insurance, vision
insurance, dental insurance, or other insurance, whether by
pooling risks for coverage or for the purchase of coverage, or by
the creation of or participation in insurance trusts, subject to the
following:
(A) School corporations that elect to pool assets for coverage
must create a trust under Indiana law for the assets. The trust
is subject to regulation by the department of insurance as
follows:
(i) The trust must be registered with the department of
insurance.
(ii) The trust shall obtain stop loss insurance issued by an
insurer authorized to do business in Indiana with an
aggregate retention of not more than one hundred
twenty-five percent (125%) of the amount of expected
claims for the following year.
(iii) Contributions by the school corporations must be set at
one hundred percent (100%) of the aggregate retention plus
all other costs of the trust.
(iv) The trust shall maintain a fidelity bond in an amount
approved by the department of insurance. The fidelity bond
must cover each person responsible for the trust for acts of
fraud or dishonesty in servicing the trust.
(v) The trust is subject to IC 27-4-1-4.5 regarding claims
settlement practices.
(vi) The trust shall file an annual financial statement in the
form required by IC 27-1-3-13 not later than March 1 of
each year.
(vii) The trust is not covered by the Indiana insurance
guaranty association created under IC 27-6-8. The liability
of each school corporation is joint and several.
(viii) The trust is subject to examination by the department
of insurance. All costs associated with an examination shall
be borne by the trust.
(ix) The department of insurance may deny, suspend, or
revoke the registration of a trust if the commissioner finds
that the trust is in a hazardous financial condition, the trust
refuses to be examined or produce records for examination,
or the trust has failed to pay a final judgment rendered
against the trust by a court within thirty (30) days.
(B) The department of insurance may adopt rules under
IC 4-22-2 to implement this subdivision.
(2) Electing, as an individual school corporation or as more than
one (1) school corporation acting jointly, to aggregate purchases
of natural gas commodity supply from any available natural gas
commodity seller for all schools included in the aggregated
purchases. A rate schedule that is:
(A) filed by a natural gas utility; and
(B) approved by the Indiana utility regulatory commission;
must include provisions that allow a school corporation or school
corporations acting jointly to elect to make aggregated purchases
of natural gas commodity supplies. Upon request from a school
corporation, a natural gas utility shall summarize the rates and
charges for providing services to each school in the school
corporation on one (1) summary bill for remitting payment to the
utility.
(3) Consolidating purchases with other school corporations or
units of government of the following:
(A) School buses and other vehicles and vehicle fleets.
(B) Fuel, maintenance, or other services for vehicles or vehicle
fleets.
(C) Food services.
(D) Facilities management services.
(E) Transportation management services.
(F) Textbooks, Curricular materials, technology, and other
school materials and supplies.
(G) Any other purchases a school corporation may require.
Purchases may be made by contiguous school corporations, as
part of regional consolidated purchasing arrangements, or from
consolidated sources under multistate cooperative bidding
arrangements.
(1)
(2) Technology.
(3) School buses and other vehicles.
(4) Other areas of expenses as determined by the state board.
(1) political subdivisions; and
(2)
(b) This chapter does not apply to the following:
(1) The disposal of property under an urban homesteading program under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under IC 36-1-10.
(4) The disposal of property by a redevelopment commission established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners established under IC 8-22-2 or an airport authority established under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit to an Indiana nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue Code or the sale or reletting of that property by the nonprofit corporation.
(8) The disposal of surplus property by a hospital established and operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8, IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for industrial development.
(10) The sale, lease, or disposal of property by a local hospital authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation district under IC 14-32.
(13) The sale, lease, or disposal of property by the health and hospital corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under IC 36-10-7-8.
(19) The disposal of
(20) The disposal of residential structures or improvements by a municipal corporation without consideration to:
(A) a governmental entity; or
(B) a nonprofit corporation that is organized to expand the supply or sustain the existing supply of good quality, affordable housing for residents of Indiana having low or moderate incomes.
(21) The disposal of historic property without consideration to a nonprofit corporation whose charter or articles of incorporation allows the corporation to take action for the preservation of historic property. As used in this subdivision, "historic property" means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic Places, as determined by the division of historic preservation and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental agency; or
(B) a nonprofit corporation that exists for the primary purpose of enhancing the environment;
when the property is to be used for compliance with a permit or an order issued by a federal or state regulatory agency to mitigate an adverse environmental impact.
(23) The disposal of property to a person under an agreement between the person and a political subdivision or an agency of a political subdivision under IC 5-23.
(24) The disposal of residential real property pursuant to a federal aviation regulation (14 CFR 150) Airport Noise Compatibility Planning Program as approved by the Federal Aviation
Administration.
(b) This SECTION expires January 1, 2015.
(1) the costs of materials, equipment, technology, and training;
(2) any savings that may be realized; and
(3) the cost of any reallocation of resources to accommodate or prepare for the implementation of the common core and related assessments.
(b) Not later than December 1, 2013, the office of management and budget shall report the results of the fiscal analysis performed under subsection (a) to:
(1) the general assembly;
(2) the state board of education;
(3) the state superintendent of public instruction; and
(4) the education roundtable.
The report to the general assembly must be in an electronic format under IC 5-14-6.
(c) This SECTION expires December 2, 2013.
(b) If the Indiana state board of education established by IC 20-19-2-2 determines that an assessment system other than the ISTEP assessments is appropriate to be implemented beginning with the 2015-2017 biennium, the Indiana state board of education shall recommend the adoption of the assessment system to the general assembly not later than December 1, 2014. The recommendation must be in an electronic format under IC 5-14-6.
(c) This SECTION expires June 30, 2015.