Bill Text: IN SB0283 | 2012 | Regular Session | Amended
Bill Title: Nonpublic alternative high schools; residential facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [SB0283 Detail]
Download: Indiana-2012-SB0283-Amended.html
Citations Affected: IC 20-19; IC 20-26; IC 20-49; IC 31-34; IC 31-37.
Synopsis: Nonpublic alternative high schools; residential facilities.
Requires the department of education to waive accreditation standards
for an accredited nonpublic alternative high school that contracts with
a school corporation to provide alternative education services for
students who have (1) dropped out of high school; (2) been expelled;
or (3) were not successful in the school corporation; to accommodate
the nonpublic alternative high school's program and student population.
Provides that a school corporation that enrolls a student who has legal
settlement in another school corporation for the student to receive
services from a nonpublic alternative high school receives state tuition
support for the student. Allows a student who receives services from a
nonpublic alternative high school to be added into the school
corporation's graduation rate cohort for the year in which the student
graduates. Provides that a student who is placed in a residential facility
is entitled to receive certain defined educational services from the
school corporation in which the facility is located.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Education and Career
Development.
January 26, 2012, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) recognizes that nonpublic schools provide education to children in Indiana;
(2) has an interest in ensuring that all Indiana children are well educated in both curricular and extracurricular programs; and
(3) should facilitate the transferability of comparable academic credit between appropriate nonpublic schools and state supported educational institutions.
(b) The state board shall implement a system of recognition of the educational programs of nonpublic schools to fulfill the policy set forth in subsection (a).
(c) The system of recognition described under subsection (b) must:
(1) be voluntary in nature with respect to the nonpublic school;
(2) recognize the characteristics that distinguish nonpublic schools from public schools; and
(3) be a recognition system that is separate from the accreditation standards required of public schools and available to nonpublic schools under section 8(a)(5) of this chapter.
(d) This section does not prohibit a nonpublic school from seeking accreditation under section 8(a)(5) of this chapter.
(e) The state board shall adopt rules under IC 4-22-2 to implement this section.
(f) The department shall waive accreditation standards for an accredited nonpublic alternative school that enters into a contract with a school corporation to provide alternative education services for students who have:
(1) dropped out of high school;
(2) been expelled; or
(3) been sent to the nonpublic alternative school due to the students' lack of success in the public school environment;
to accommodate the nonpublic alternative school's program and student population. A nonpublic alternative school to which this subsection applies is not subject to being placed in a category or designation under IC 20-31-8-4. However, the nonpublic alternative school must comply with all state reporting requirements and submit a school improvement growth model on the anniversary date of the nonpublic alternative school's original accreditation.
(1) physically attend a school in a building owned and operated by a school corporation; or
(2) be educated onsite at a facility.
(b) If a student resides in a facility and cannot leave the facility based on a medical decision that the student is a risk to the student or a risk to others, the school corporation in which the facility is located shall provide the student educational services onsite at the facility.
(c) A student educated onsite at a facility is entitled to the following:
(1) An educational opportunity comparable to that of a student attending a school operated by the school corporation.
(2) To receive the same level of educational services from the school corporation in which the facility is located as received by a student who physically attends school in a school
operated by the school corporation. Unless provided
otherwise in a student's individualized education program,
educational services must include at least the following:
(A) An instructional day the meets the requirements of
IC 20-30-2-2.
(B) A school year with a minimum of one hundred eighty
(180) student instructional days under IC 20-30-2-3.
(C) Educationally appropriate textbooks and other
materials offered to the student at the same cost assessed
to a student attending a school operated by the school
corporation.
(D) Licensed teachers who are qualified to teach the grade
level of the student and the subject matter of the student's
curriculum.
(a) (d) A student who is placed in a state licensed private or public
health care facility or child care facility:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
may attend school in the school corporation in which the facility is
located. If the school corporation in which the facility is located is not
the school corporation in which the student has legal settlement, the
school corporation in which the student has legal settlement shall pay
the transfer tuition of the student.
(b) (e) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen (14)
consecutive calendar days or a total of twenty (20) calendar days.
The school corporation in which the student has legal settlement shall
pay the transfer tuition of the student. The parent of the student shall
notify the school corporation in which the facility is located and the
school corporation of the student's legal settlement, if identifiable, of
the placement. Not later than thirty (30) days after this notice, the
school corporation of legal settlement shall either pay the transfer
tuition of the transferred student or appeal the payment by notice to the
department. The acceptance or notice of appeal by the school
corporation must be given by certified mail to the parent or guardian of
the student and any affected school corporation. In the case of a student
who is not identified as having a disability under IC 20-35, the state
board shall make a determination on transfer tuition according to the
procedures in section 15 of this chapter. In the case of a student who
has been identified as having a disability under IC 20-35, the
determination on transfer tuition shall be made under this subsection
and the procedures adopted by the state board under
IC 20-35-2-1(b)(5).
(c) (f) A student who is placed in:
(1) an institution operated by the division of disability and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of disability
and rehabilitative services or the division of mental health and
addiction;
may attend school in the school corporation in which the institution is
located. The state shall pay the transfer tuition of the student, unless
another entity is required to pay the transfer tuition as a result of a
placement described in subsection (a) (d) or (b) (e) or another state is
obligated to pay the transfer tuition.
(d) (g) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where the
student attends school unless that determination is made by a court that
has jurisdiction over the student. If a licensed child placing agency is
responsible for oversight of the foster family home in which the student
is placed or for providing services to the student, the department of
child services must consult with the licensed child placing agency
concerning the determination of, or the recommendations made to the
court concerning, where the student attends school. Except as provided
in subsection (e), (h), transfer tuition is not required for the student.
(e) (h) If a student to whom subsection (d) (g) applies is attending
school in a school corporation that is not the school corporation in
which the student has legal settlement, the school corporation in which
the student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring institution
licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the child
caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to a
licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under
IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located at
the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6.
(f) (i) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c); (d), (e), or (f);
(2) to whom neither subsection (d) (g) nor (e) (h) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility, home,
or institution is located. The department shall conduct an investigation
and determine whether any other entity or person is required to pay
transfer tuition. If the department determines that no other entity or
person is required to pay transfer tuition, the state shall pay the transfer
tuition for the student out of the funds appropriated for tuition support.
receiving services from an accredited nonpublic alternative high
school described in IC 20-19-2-10(f).
(b) A school corporation is entitled to receive state tuition
support for a student described in subsection (a) in an amount
equal to either:
(1) the amount received by the school corporation that enrolls
the student if the student is included in the school
corporation's ADM; or
(2) the amount received by the school corporation in which
the student has legal settlement if the student is included in
that school corporation's ADM;
whichever is greater.
STEP ONE: Determine the grade 9 enrollment at the beginning of the reporting year three (3) years before the reporting year for which the graduation rate is being determined.
STEP TWO: Add:
(A) the number determined under STEP ONE;
(B) the number of students who:
(i) have enrolled in the high school after the date on which the number determined under STEP ONE was determined; and
(ii) have the same expected graduation year as the cohort; and
(C) the number of students who have enrolled in the high school after or while receiving services from a nonpublic alternative school described in IC 20-19-2-10(f).
STEP THREE: Subtract from the sum determined under STEP TWO the number of students who have left the cohort for any of the following reasons:
(A) Transfer to another public or nonpublic school.
(B) Removal by the student's parents under IC 20-33-2-28 to provide instruction equivalent to that given in the public schools.
(C) Withdrawal because of a long term medical condition or death.
(D) Detention by a law enforcement agency or the department
of correction.
(E) Placement by a court order or the department of child
services.
(F) Enrollment in a virtual school.
(G) Leaving school, if the student attended school in Indiana
for less than one (1) school year and the location of the student
cannot be determined.
(H) Leaving school, if the location of the student cannot be
determined and the student has been reported to the Indiana
clearinghouse for information on missing children and missing
endangered adults.
(I) Withdrawing from school before graduation, if the student
is a high ability student (as defined in IC 20-36-1-3) who is a
full-time student at an accredited institution of higher
education during the semester in which the cohort graduates.
STEP FOUR: Determine the total number of students determined
under STEP TWO who have graduated during the current
reporting year or a previous reporting year.
STEP FIVE: Divide:
(A) the number determined under STEP FOUR; by
(B) the remainder determined under STEP THREE.
STEP ONE: Estimate for the current school year the number of students described in
STEP TWO: Multiply the STEP ONE amount by the school corporation's prior year per student transfer tuition amount.
the school corporation or auditor of state from which the school
corporation receives transfer tuition under IC 20-26-11 for students
described in IC 20-26-11-8(a) IC 20-26-11-8(d) or IC 20-26-11-8(b)
IC 20-26-11-8(e) of the amount of interest withheld under section 4 of
this chapter. The school corporation or auditor of state shall reimburse
the school corporation for the interest expense at the same time the
transfer tuition is paid.
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21 of a child placed;
in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to determine where the child has legal settlement.
(3) Include the findings of fact required by this section in:
(A) the dispositional order;
(B) the modification order; or
(C) the other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under
(d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
(e) The department or a juvenile court may place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the department or juvenile court determines that the school's program meets the child's educational needs and the school agrees to the placement. A placement under this subsection does not affect the legal settlement of the child.
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-37-20 (or IC 31-6-4-19 before its repeal) of a child placed;
in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to determine where the child has legal settlement.
(3) Include the findings of fact required by this section in the:
(A) dispositional order;
(B) modification order; or
(C) other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under
(d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
