Citations Affected: IC 20-31-8-3; IC 20-31-12.
Effective: Upon passage.
January 8, 2013, read first time and referred to Committee on Education and Career
Development.
must be satisfied within 120 days. Provides that a subsequent initiative
regarding the school may not be submitted to the department during the
120 days. Requires the department, after a school is reorganized, to
place the school in the "pending reorganization" performance category.
Provides that once a school has been reorganized, another petition for
reorganizing the school may not be submitted for at least five years
after the school year in which the reorganization takes place.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
prescribed in section 10 of this chapter, a petition requesting
a designated school reorganization.
Sec. 7. (a) To initiate a designated school reorganization
initiative under this chapter, the individual initiating the
designated school reorganization must provide to the department,
on a form prescribed by the department, the following:
(1) Contact information for the individual initiating the
designated school reorganization initiative.
(2) A description of the method or methods, as set forth in
section 3 of this chapter, under which the designated school is
to be reorganized.
(3) A description of the condition or conditions that the
designated school reorganization initiative must meet, as set
forth in section 6(b) of this chapter.
(4) If one (1) of the conditions for the designated school
reorganization initiative set forth under subdivision (3)
includes a petition described in section 6(b)(2) or 6(b)(3) of
this chapter, the number of teachers or parents who must sign
the petition in order to meet the percentage requirements set
forth in section 6(b) of this chapter.
(5) If one (1) of the methods under which the designated
school is to be reorganized, as described in the form under
subdivision (2), is the transfer of students to a higher
performing school within the school corporation, as described
in section 3(1) of this chapter, verification as described in
subsection (b) that the higher performing school within the
school corporation has the capacity to provide classroom
instruction for the additional students.
(6) Any additional information the department determines is
necessary to implement this chapter.
(b) If a designated school reorganization initiative includes as a
method of reorganization the transfer of students to a higher
performing school within the same school corporation, as
described in section 3(1) of this chapter, the form submitted under
subsection (a) must include verification, on a separate form
developed by the department, from the governing body of the
school corporation in which the designated school is located that a
higher performing school within the same school corporation
would have the capacity to provide classroom instruction to the
students that would transfer to the higher performing school from
the designated school if the designated school reorganization
initiative is successful. Upon receiving a request for verification
under this subsection, a governing body shall make a good faith
effort to accurately verify whether a higher performing school
within the school corporation would be able to provide the
necessary classroom instruction for the transfer students from the
designated school.
Sec. 8. The department shall maintain on the department's
Internet web site the following:
(1) A copy of each form the department receives under section
7 of this chapter.
(2) The date on which the department received the form
described in section 7 of this chapter.
(3) The date the condition or conditions set forth on the form
under section 7(a)(3) of this chapter must be satisfied under
section 9 of this chapter.
(4) Any other information the department determines is
necessary.
Sec. 9. (a) The condition or conditions set forth on the form
under section 7(a)(3) of this chapter must be satisfied not less than
one hundred twenty (120) days after the date the department
receives the form under section 7 of this chapter. Upon receipt of
the form, the department shall notify the individual who initiated
the designated school reorganization initiative by mail of the date
the form was received by the department and the date by which the
condition or conditions set forth in the form under section 7(a)(3)
of this chapter must be satisfied.
(b) A subsequent designated school reorganization initiative for
the same designated school may not be initiated under this chapter
during the period within which the condition or conditions of the
earlier designated school reorganization initiative must be met
under subsection (a), unless the earlier designated school
reorganization initiative is withdrawn under subsection (c).
(c) The individual who initiates a designated school
reorganization initiative under section 7 of this chapter may
withdraw the designated school reorganization initiative at any
time by providing notice to the department on a form prescribed
by the department.
Sec. 10. (a) This section applies to a designated school
reorganization initiative that requires, as a condition set forth in
the form under section 7(a)(3) of this chapter, a petition described
in either section 6(b)(2) or 6(b)(3) of this chapter.
(b) The following apply to a petition described in section 6(b)(3)
of this chapter:
condition or conditions set forth in the form under section 7(a)(3)
of this chapter are satisfied after December 31 and before July 1,
the designated school reorganization method or methods set forth
in the form under section 7(a)(2) of this chapter must be carried
out in the school year following the next school year following the
date on which the conditions are satisfied.
Sec. 12. (a) This section applies to a designated school
reorganization that, as described in section 3(3) of this chapter,
restructures a designated school as a charter school under
IC 20-24.
(b) The governing body of the school corporation in which the
designated school is located, or any other charter school sponsor
(as defined in IC 20-24-1-9), must serve as the sponsor for the
charter school.
Sec. 13. (a) This section applies to a designated school
reorganization that, as described in section 3(2) of this chapter,
provides for tuition payments for students who wish to transfer
from the designated school.
(b) The department shall administer the tuition payments
required under this chapter.
Sec. 14. After the department receives notice under section 11(a)
of this chapter that a designated school has been reorganized under
this chapter, the department:
(1) shall remove the designated school from the lowest
performance category or designation and place the designated
school into the category or designation of "pending
reorganization"; and
(2) may not place the designated school into another
performance category or designation until the school year
that next follows the school year in which the designated
school reorganization takes place.
Sec. 15. After a designated school has been reorganized under
this chapter, a subsequent designated school reorganization
initiative may not be initiated for the school under this chapter for
at least five (5) years after the school year in which the
reorganization takes place.
Sec. 16. The state board may adopt under IC 4-22-2 any rules
necessary to administer this chapter.