Bill Text: IN SB0248 | 2012 | Regular Session | Introduced
Bill Title: Balanced school calendar.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-02-09 - First reading: referred to Committee on Education [SB0248 Detail]
Download: Indiana-2012-SB0248-Introduced.html
Citations Affected: IC 20-30-2.5.
Synopsis: Referendum on use of balanced school calendar. Requires
a school corporation to conduct a referendum of the registered voters
who reside in the school corporation before establishing a balanced
calendar at any school. Provides that if a majority of the voters voting
in the referendum do not vote in favor of a balanced calendar, the
school corporation must wait at least one year to conduct another
referendum. Provides for a referendum to discontinue the use of a
balanced calendar by a school corporation if a petition signed by at
least 5% of the registered voters who reside in the school corporation
is filed with the circuit court clerk of the county containing the greatest
number of registered voters who are residents of the school
corporation.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Elections.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Chapter 2.5. School Calendar Referendum
Sec. 1. As used in this chapter, "balanced calendar" refers to a calendar for a school year in which:
(1) any break between instructional days does not exceed six (6) weeks; or
(2) the instructional days are divided into quarters.
Sec. 2. After June 30, 2012, a school corporation must comply with this chapter before establishing a balanced calendar for at least one (1) school:
(1) for the first time; or
(2) after a school year in which no school in the school corporation uses a balanced calendar.
Sec. 3. The governing body of a school corporation shall:
(1) adopt a resolution to place a referendum providing for a
balanced calendar on the ballot; and
(2) certify to the circuit court clerk of each county in which
the school corporation is located a copy of the resolution,
including the language for the question required by section 4
of this chapter.
Sec. 4. The question to be submitted to the voters in the
referendum must read as follows:
"Shall the (insert the name of the school corporation),
beginning with the (insert year) school year, adopt a
year-round calendar for one (1) or more of its schools?".
Sec. 5. Each circuit court clerk, upon receiving the question
certified by the governing body of a school corporation under
section 3 of this chapter, shall call a meeting of the county election
board to make arrangements for the referendum.
Sec. 6. The referendum shall be held in the next primary
election, general election, or municipal election in which all the
registered voters who are residents of the school corporation are
entitled to vote after the certification of the question under
IC 3-10-9-3.
Sec. 7. (a) If a primary election, general election, or municipal
election will not be held during the first year in which the question
is eligible to be placed on the ballot under this chapter, the school
corporation may request that the question be placed on the ballot
at a special election.
(b) If a school corporation makes a request under subsection (a),
the question shall be placed on the ballot at a special election to be
held on the first Tuesday after the first Monday in May or
November, whichever date is earlier and allows for the applicable
certification under subsection (c).
(c) For a special election held in May, certification must occur
not later than noon sixty (60) days before the special election. For
a special election held in November, certification must occur not
later than August 1.
(d) If the referendum is not conducted at a primary election,
general election, or municipal election, the school corporation in
which the referendum is held shall pay all costs of holding the
referendum.
Sec. 8. Each county election board shall:
(1) place the question certified to the circuit court clerk by the
governing body of the school corporation on the ballot in the
form prescribed by IC 3-10-9-4; and
(2) deliver an adequate supply of ballots and voting
equipment to the precinct election board of each precinct in
which the referendum is to be held.
Sec. 9. The individuals entitled to vote in the referendum are all
of the registered voters who reside in the school corporation.
Sec. 10. Title 3 applies to the conduct of the referendum election,
except for a provision that conflicts with this chapter or cannot be
practicably applied.
Sec. 11. (a) Each precinct election board shall count the
affirmative votes and the negative votes cast in the referendum and
shall certify those two (2) totals to the county election board of
each county in which the referendum is held.
(b) The circuit court clerk of each county shall, immediately
after the votes cast in the referendum have been counted, certify
the results of the referendum to the governing body of the school
corporation.
Sec. 12. (a) A school corporation may establish a balanced
calendar for one (1) or more of its schools only if a majority of the
individuals who voted in the referendum conducted under this
chapter voted "yes" on the referendum question.
(b) If a majority of the individuals who voted in the referendum
conducted under this chapter did not vote "yes" on the referendum
question:
(1) the school corporation may not establish a balanced
calendar for any school; and
(2) another referendum under this chapter may not be held
for at least one (1) year after the date of the referendum that
failed.
Sec. 13. A school corporation that establishes a balanced
calendar under this chapter may discontinue the use of a balanced
calendar without complying with this chapter.
Sec. 14. (a) If a petition that:
(1) is signed by at least five percent (5%) of the number of
registered voters who reside in the school corporation; and
(2) sets forth:
(A) a question in the form prescribed by subsection (b) and
IC 3-10-9-4; and
(B) a date for an election on the question;
is filed with the circuit court clerk of the county containing the
greatest number of registered voters who are residents of the
school corporation, the question of discontinuing the use of a
balanced calendar by the school corporation shall be submitted to
the registered voters who reside in the school corporation.
(b) The question to be submitted to the voters in the referendum
must read as follows:
"Shall the (insert the name of the school corporation),
beginning with the (insert year) school year, discontinue the
use of a year-round calendar for its schools?".
(c) The circuit court clerk of the county where the petition
described in subsection (a) was filed shall certify the public
question to the county election board of each county in which the
school corporation is located. The county election board shall place
the public question on the ballot at the first primary election,
general election, or municipal election in which all the registered
voters who are residents of the school corporation are entitled to
vote after the certification of the question under IC 3-10-9-3. If a
primary election, general election, or municipal election will not be
held during the first year in which the question is eligible to be
placed on the ballot under this section, the county election board
shall conduct the election not later than ninety (90) days after
certification.
(d) Title 3 applies to the conduct of the referendum election,
except for a provision that conflicts with this section or cannot be
practicably applied.
(e) Each precinct election board shall count the affirmative
votes and the negative votes cast in the referendum and shall
certify those two (2) totals to the county election board of each
county in which the referendum is held.
(f) The circuit court clerk of each county shall, immediately
after the votes cast in the referendum have been counted, certify
the results of the referendum to the governing body of the school
corporation.
(g) A school corporation shall discontinue the use of a balanced
calendar if a majority of the individuals who voted in the
referendum conducted under this section voted "yes" on the
referendum question.
(h) If a majority of the individuals who voted in the referendum
conducted under this section did not vote "yes" on the referendum
question:
(1) the school corporation is not required to discontinue the
use of a balanced calendar; and
(2) another petition under this section may not be filed for at
least one (1) year after the date of the referendum that failed.
