Bill Text: IN SB0384 | 2012 | Regular Session | Engrossed
Bill Title: School accreditation.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-06 - [SB0384 Detail]
Download: Indiana-2012-SB0384-Engrossed.html
Citations Affected: IC 20-19; IC 20-24; IC 20-26; IC 20-27;
IC 20-28; IC 20-31; IC 20-32; IC 20-33; IC 21-12.
(HOUSE SPONSORS _ BEHNING, YARDE, HEUER, PORTER)
January 9, 2012, read first time and referred to Committee on Education and Career
Development.
January 26, 2012, reported favorably _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
February 1, 2012, read third time, passed. Yeas 42, nays 7.
February 13, 2012, read first time and referred to Committee on Education.
February 27, 2012, amended, reported _ Do Pass.
February 29, 2012, read second time, amended, ordered engrossed.
Digest Continued
establish a schedule for verifying compliance with legal standards and shall report noncompliance to the state board. Requires the state board to verify compliance with legal standards and to adopt rules to establish consequences of noncompliance. Requires the department to publish on its Internet web site the accreditation status and legal compliance status of each school and school corporation. Eliminates the probationary accreditation status. Provides that the department shall determine when a school or a school corporation has complied with certain legal standards. Provides that a reading deficiency remediation plan for a charter school is required to include and may only include a method for making determinant evaluations of reading skills by grade 3 and retention as a last resort for students reading below standard. Provides that the department may conduct an onsite evaluation of a school or school corporation to make a recommendation to the state board as to the legal compliance status of the school or school corporation. Sets forth provisions for the operation of a turnaround academy. Makes changes to the process in which a school corporation may modify the department of education's model staff performance evaluation plan. Provides that an organizer that operates a charter school or a successor organizer operating the charter school that is closed or not renewed by its sponsor, which then becomes sponsored by a different sponsor, may not qualify for federal or state start-up funding or loans. Provides that the organizer of the charter school or the successor organizer operating the charter school retains responsibility for paying back any loans, including start-up loans, and unused state and federal funds, secured by the organizer of a closed or nonrenewed charter school. Requires the principal of a public school to inform a student and a parent or guardian of a student transferring to a nonaccredited nonpublic school of the legal responsibilities of transferring to a nonaccredited nonpublic school. Provides that the principal shall request that the parent sign a form to acknowledge that they understand the information provided by the principal. Provides that if the parent refuses to sign the form, the student is considered a dropout and shall be reported to the bureau of motor vehicles to revoke the student's driver's license or learner's permit. Provides that a school corporation that accepts transfer students may not establish transfer acceptance policies or limit student transfers in any manner that differs from acceptance policies for students who have legal settlement in the school corporation. Provides that a school corporation that is required to provide transportation to a nonpublic school student is required to provide the transportation to or from the point on the regular route that is nearest or most easily accessible to the nonpublic school from which the student can safely walk to and from the nonpublic school. Makes conforming amendments. Makes technical corrections.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(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) This subdivision expires December 31, 2011. The
establishment and maintenance of minimum standards for driver
education programs (including classroom instruction and practice
driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) 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 before July 1, 2013, or IC 20-31-4.5 after
June 30, 2013;
(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, IC 20-32-6, and
IC 20-32-8;
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.
(6) The distribution of funds and revenues appropriated for the
support of schools in the state.
(7) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(8) 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.
(9) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(10) 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) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state agencies).
(6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(7) IC 20-28-10-14 (teacher freedom of association).
(8) IC 20-28-10-17 (school counselor immunity).
(9) For conversion charter schools only, IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(10) IC 20-33-2 (compulsory school attendance).
(11) IC 20-33-3 (limitations on employment of children).
(12) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial review).
(13) IC 20-33-8-16 (firearms and deadly weapons).
(14) IC 20-34-3 (health and safety measures).
(15) IC 20-33-9 (reporting of student violations of law).
(16) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances).
(17) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, IC 20-32-8, and IC 20-32-8.5, as provided in IC 20-32-8.5-2(b)
(18) IC 20-33-7 (parental access to education records).
(19) IC 20-31 (accountability for school performance and improvement).
(20) IC 20-30-5-19 (personal financial responsibility instruction).
(1) crowded conditions of the transferee or transferor corporation; and
(2) curriculum offerings at the high school level that are important to the vocational or academic aspirations of the student.
(b) The request for transfer must be made in writing to the transferor corporation, which shall immediately mail a copy to the transferee corporation. The request for transfer must be made at the times provided under rules adopted by the state board. The transfer is effected if both the transferee and the transferor corporations approve the transfer not more than thirty (30) days after that mailing. If the transferor school corporation fails to act on the transfer request within thirty (30) days after the request is received, the transfer is considered approved. The transfer is denied when either school corporation mails a written denial by certified mail to the requesting parents or student at their last known address.
(c) If a request for transfer is denied under subsection (b), an appeal may be taken to the state board by the requesting parents or student, if commenced not more than ten (10) days after the denial. An appeal is commenced by mailing a notice of appeal by certified mail to the superintendent of each school corporation and the state board. The state superintendent shall develop forms for this purpose, and the transferor
corporation shall assist the parents or student in the mechanics of
commencing the appeal. An appeal hearing must comply with section
15 of this chapter.
(d) A school corporation that accepts transfer students may not
establish transfer acceptance policies or limit student transfers in
any manner that differs from acceptance policies for students who
have a legal settlement in the school corporation.
(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 textbooks:
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 before July 1, 2013, or IC 20-31-4.5 after June 30, 2013, 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.
(b) The transportation provided under this section must be from the home of the nonpublic school student or from a point on the regular route nearest or most easily accessible to the home of the nonpublic school student to and from the nonpublic school or to and from the point on the regular route that is nearest or most easily accessible to the nonpublic school from which the student can safely walk to and from the nonpublic school.
(1) Before January 31, 2012, adopt rules under IC 4-22-2 that establish:
(A) the criteria that define each of the four categories of teacher ratings under section
(B) the measures to be used to determine student academic achievement and growth under section
(C) standards that define actions that constitute a negative impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31, 2012, work with the department to develop a model plan and release it to school corporations. Subsequent versions of the model plan that contain substantive changes must be provided to school corporations.
(3) Work with the department to ensure the availability of ongoing training on the use of the performance evaluation to ensure that all evaluators and certificated employees have access to information on the plan, the plan's implementation, and this chapter.
(b) A school corporation may adopt the department's model plan, or any other model plan approved by the department, without the state board's approval.
(c) A school corporation may substantially modify the model plan
or develop the school corporation's own plan, if the substantially
modified or developed plan meets the criteria established under this
chapter. If a school corporation substantially modifies the model plan
or develops its own plan, the department may request that the school
corporation submit the plan to the department to ensure the plan meets
the criteria developed under this chapter. If the department makes
such a request, before submitting a substantially modified or new
staff performance evaluation plan to the department, the governing
body shall submit the staff performance evaluation plan to the
teachers employed by the school corporation for a vote. If at least
seventy-five percent (75%) of the teachers vote in favor of adopting
the staff performance evaluation plan, the governing body may
submit the staff performance evaluation plan to the department.
(d) Each school corporation shall submit its staff performance
evaluation plan to the department. The department shall publish the
staff performance evaluation plans on the department's Internet web
site. A school corporation must submit its staff performance evaluation
plan to the department for approval in order to qualify for any grant
funding related to this chapter.
(c) This subsection applies to a school corporation that has not
adopted a staff performance evaluation plan that complies with this
chapter before July 1, 2011. Before submitting a staff performance
evaluation plan to the department under subsection (b), the governing
body shall submit the staff performance evaluation plan to the teachers
employed by the school corporation for a vote. If at least seventy-five
percent (75%) of the teachers voting vote in favor of adopting the staff
performance evaluation plan, the governing body may submit the staff
performance evaluation plan to the department under subsection (b).
(1) is subject to IC 20-31-9.5 and to which the state board has assigned a special management team to serve as the public authority having administrative control and direction of the school; and
(2) for the purpose of federal funding only, is considered a
local education agency.
Chapter 4.5. Performance Based Accreditation
Sec. 1. This chapter applies after June 30, 2013.
Sec. 2. As used in this chapter, "legal standards" means Indiana statutes and rules adopted by the state board that apply to each school.
Sec. 3. (a) A school in Indiana may be accredited:
(1) under a performance based accreditation system approved by the state board; or
(2) by a national or regional accreditation agency that is approved by the state board.
(b) The state board shall establish the following:
(1) A system for approving agencies or entities that seek to accredit schools in Indiana under this chapter.
(2) A procedure for determining whether a school is making progress toward meeting the criteria for accreditation by a national or regional accreditation agency approved by the state board.
(c) The department shall establish a schedule for verifying compliance with legal standards under section 7 this chapter and shall report noncompliance to the state board.
(d) The state board shall verify compliance with legal standards and shall adopt rules to establish consequences for noncompliance. Consequences for failure to comply with legal standards may
include but are not limited to compliance reports to the board,
withholding of state tuition support payments, or other actions
considered appropriate by the board to facilitate compliance with
the legal standards.
(e) The department shall establish a schedule for accreditation
by approved agencies or entities under subsection (b).
(f) The department shall publish on its Internet web site the
accreditation status and legal compliance status of each school and
school corporation.
Sec. 4. The state board shall recognize the following
accreditation levels:
(1) Full accreditation status.
(2) Not fully accredited.
Sec. 5. (a) When all the schools in a school corporation achieve
full accreditation status, the department shall recognize full
accreditation status of the school corporation.
(b) When a school has received accreditation from an
accrediting agency approved by the state board, the department
shall recognize the full accreditation status of the school.
Sec. 6. The state board shall determine which of the benchmarks
and indicators of performance listed in IC 20-20-8-8 are
appropriate benchmarks to be followed by an accrediting agency
when accrediting schools.
Sec. 7. The department shall determine whether a school and a
school corporation have complied with the following legal
standards:
(1) Health and safety requirements.
(2) Minimum time requirements for school activity.
(3) Curriculum offerings.
(4) Development and implementation of a staff evaluation
plan under IC 20-28-11.5.
(5) Completion of a school improvement plan that complies
with requirements developed by the state board and:
(A) focuses on student academic performance and growth;
and
(B) is consistent with metrics for improvement.
(6) Local salary scale under IC 20-28-9-1.
Sec. 8. (a) If the department verifies that a school or a school
corporation has not complied with all the legal standards under
section 7 of this chapter, the department may conduct an onsite
evaluation of the school or school corporation to make a
recommendation to the state board as to the legal compliance
status of the school or school corporation.
(b) The department may not publish or otherwise make
available for public inspection any information concerning a
school's compliance with legal standards under section 7 of this
chapter, the meeting of performance expectations under section 6
of this chapter, the assignment of an onsite review panel by the
department under this section, or the recommended accreditation
status of the school until all onsite reviews have taken place and
recommendations to the state board concerning the accreditation
status of the school have been made.
Sec. 9. During its onsite evaluation, the department shall verify
compliance with the legal standards for accreditation under section
7 of this chapter.
Sec. 10. Upon receipt of the department's recommendation
under section 8 of this chapter, the state board shall compel the
school's or school corporation's compliance with legal standards.
If a school or school corporation refuses to come into compliance,
it shall be recognized as not fully accredited.
Sec. 11. The state board shall adopt rules under IC 4-22-2
necessary to implement this chapter.
(1) The state.
(2) The state board.
(3) A special management team assigned by the state board under
(b) A special management team assigned under
(c) A special management team is not required to employ teachers and administrators through teacher contracts established by the state superintendent under IC 20-28-6-3.
(d) A special management team may exercise any authority granted by the state board under IC 20-31-9.
(e) If the state board enters into a contract with a special management team under this chapter, the state board may require
the special management team to secure a performance bond, in an
amount determined by the state board, before the contract is
finalized.
(b) A student who attends a turnaround academy or another school subject to intervention under this chapter remains, under IC 20-43-4-1, an eligible pupil of the school corporation where the student has legal settlement.
(c) The state board, based upon recommendations received from the department, shall determine the amounts of state tuition support and federal funds that are necessary to fund options for improvement implemented by the state board under this chapter with respect to each turnaround academy.
(d) The department shall do the following:
(1) Withhold from state tuition support and federal funds otherwise to be distributed to the school corporation of the school operated as a turnaround academy under this chapter the amount determined under subsection (c) for the affected students. The amount withheld under this subdivision may not exceed the total per pupil funding for the affected students. Tuition support includes basic tuition support (as defined in IC 20-43-6), special education grants (as defined in IC 20-43-7), career and technical education grants (as defined in IC 20-43-8), primetime program funds (as defined in IC 20-43-9), other tuition support grants (as defined in IC 20-43-10), and any grants funded by the general assembly that are attributable to the affected students.
(2) Enter into any contracts necessary to implement the options for improvement implemented for the school by the state board, including contracts with a special management team assigned under
(3) Make payments under the contracts entered into under subdivision (2) with funds withheld from the school corporation under subdivision (1).
subsection (e), any student who lives in the attendance area served by
a school that is operated as a turnaround academy under this chapter
may attend the turnaround academy. The turnaround academy may not
refuse enrollment to a student who lives in the attendance area.
(b) A turnaround academy may enroll a student who resides
anywhere in Indiana. For purposes of computing state tuition
support and other distributions, a student who resides outside the
school corporation where the student enrolls in a turnaround
academy shall be counted as having legal settlement in the school
corporation where the turnaround academy is located and not as
having legal settlement in the school corporation where the student
resides.
(c) If a student who attends a turnaround academy and does not
live in the attendance zone served by the turnaround academy
chooses to participate in academic or athletic offerings, the
transferor school corporation or an association (as defined in
IC 20-26-14-1) may not inhibit the student's ability to participate
in any level of academic or athletic offerings of the turnaround
academy, unless the transfer is a result of undue influence by the
turnaround academy's administrators or athletic coaches.
(d) A school corporation is not required to provide
transportation for a student who attends a turnaround academy
and does not live in the attendance zone served by the turnaround
academy, except as required under 42 U.S.C. 11431, any applicable
court desegregation order, or the individual education plan of a
student who receives special education services as required under
34 CFR 300 and 511 IAC 7.
(e) Subsection (a) does not apply to a magnet school that
becomes a turnaround academy. A magnet school that becomes a
turnaround academy shall continue to apply the admissions
policies previously established for and consistent with the
operation of the magnet school.
(b) If the state board assigns a special management team to a school, the state board shall determine the appropriate parties to enter into a contract that includes the following provisions:
(1) The length of the contract.
(2) The level of services provided.
(3) The entity responsible for providing necessary services to the school and students in the school.
(4) Any other provisions the parties consider necessary.
(c) If the state board assigns a lead partner to a school, the department, the lead partner, and the school corporation shall enter into a contract that includes the following provisions:
(1) The length of the contract.
(2) Consideration.
(3) Performance goals, which may not be less rigorous than those established under IC 20-31-8.
(4) Cancellation procedures.
(5) Renewal procedures.
(6) Any other provisions the department and the special management team consider necessary.
(d) A special management team and a school corporation may enter into a contract for the school corporation to provide any services for a school that are in the best interest of the students who attend the school. A contract must specify the length of time, level of services, and entity responsible for providing necessary services, including the following services:
(1) Food service.
(2) Educational and administrative technology and technology support.
(3) Special education services.
(4) Career and technical education services.
(5) Custodial services.
(6) Instructional services in a particular curriculum area.
(7) Textbooks and supplemental materials.
(8) Student services.
(9) Police and probation services.
(10) Any other provisions the school corporation and the special management team consider necessary.
(e) A school corporation and a special management team may enter into a contract for additional services.
(f) The state board shall resolve any disputes that arise in the negotiation or execution of a contract under subsections (b), (c), (d), and (e). The decision of the state board is the final administrative decision.
(g) A school corporation in which a special management team is assigned to operate an operated turnaround academy shall offer the special management team the opportunity to assume any lease or contract for equipment, including photocopying equipment and
computer hardware.
(1) described in the contract between the department and the special management team; and
(2) necessary for the special management team to fulfill the special management team's responsibilities under this chapter.
(b) Individuals employed by the special management team under this section are entitled to participate in insurance benefits offered by the special management team or offered to state employees.
(c) Individuals employed by the special management team under this section are entitled to participate in:
(1) a retirement program offered by the special management team;
(2) the state teachers' retirement fund created by IC 5-10.4; or
(3) the public employees' retirement fund created by IC 5-10.3.
(b) A school corporation may not take an action to dispose of or cloud the title of real property on which a school that is subject to this chapter is located.
(c) A school corporation may not remove or dispose of personal property located in, or located outside and assigned to, a school that is subject to this chapter.
(d) If the state board determines that a school corporation has taken an action prohibited under subsections (a) through (c), the state board may take one (1) or more of the following actions:
(1) Order the department to withhold federal or state funds to which the school corporation would otherwise be entitled to facilitate the full implementation of the special management team's operation of a school, the lead partner's assistance, or
other intervention.
(2) Authorize the department to pursue any available legal or
equitable remedies.
(3) Amend the intervention.
(4) Order the special management team or lead partner to
carry out the intervention notwithstanding the school
corporation's adverse action.
(b) If the special management team agrees to accept additional students under this chapter, the special management team may apply to the state board for, and the state board may determine that the special management team needs, additional funds to operate the school.
(c) The department shall:
(1) withhold the amount of funds determined under subsection (b) from state support that would otherwise be distributed to the school corporation; and
(2) distribute the amount of funds determined under subsection (b) to the special management team.
(b) A special management team shall comply with the financial reporting requirements established by the state board of accounts under IC 5-11-1.
(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, including retention as a last resort, after other methods of remediation have been evaluated or used, or both, if reading skills
are below the standard. Appropriate consultation with parents or
guardians must be part of the plan.
(3) The fiscal impact of each component of the plan, if any. In
determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require the
state or school corporation to reallocate resources.
(b) For a charter school, as defined in IC 20-24-1-4, the plan
must include and may only include a method for making
determinant evaluations of reading skills by grade 3 and retention
as a last resort for students reading below standard as measured
by the evaluation or assessment.
(b) Before a student withdraws from a public school, the principal shall provide information on a form developed by the department that explains the legal requirements concerning attending a nonaccredited nonpublic school located in Indiana. The principal shall request that the parent sign the form to acknowledge that the student and parent understand the information contained in the form.
(1) Be a resident of Indiana.
(2) Be:
(A) enrolled in grade 7 or 8 at a:
(i) public school; or
(ii) nonpublic school that is accredited either by the state board of education or by a national or regional accrediting agency whose accreditation is accepted as a school improvement plan under IC 20-31-4-2 before July 1, 2013, or IC 20-31-4.5-3 after June 30, 2013; or
(B) otherwise qualified under the rules of the commission that
are adopted under IC 21-11-9-4 to include students who are in
grades other than grade 8 as eligible students.
(3) Be a member of a household with an annual income of not
more than the amount required for the individual to qualify for
free or reduced priced lunches under the national school lunch
program, as determined for the immediately preceding taxable
year for the household.
(4) Agree, in writing, together with the student's custodial parents
or guardian, that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an eligible institution;
(B) not illegally use controlled substances (as defined in
IC 35-48-1-9);
(C) not commit a crime or an infraction described in
IC 9-30-5;
(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
repeal));
(E) timely apply, when the eligible student is a senior in high
school:
(i) for admission to an eligible institution; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an eligible
institution;
(F) achieve a cumulative grade point average upon graduation
of:
(i) at least 2.0, if the student graduates from high school
before July 1, 2014; and
(ii) at least 2.5, if the student graduates from high school
after June 30, 2014;
on a 4.0 grading scale (or its equivalent if another grading
scale is used) for courses taken during grades 9, 10, 11, and
12; and
(G) participate in an academic success program required under
the rules adopted by the commission and the commission for
higher education, if the student initially enrolls in the program
after June 30, 2011.
(b) A student is also qualified to participate in the program if the
student:
(1) before or during grade 7 or grade 8, is placed by or with the
consent of the department of child services, by a court order, or by
a child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home;
(2) agrees in writing, together with the student's caseworker (as
defined in IC 31-9-2-11), to the conditions set forth in subsection
(a)(4); and
(3) except as provided in subdivision (2), otherwise meets the
requirements of subsection (a).
(c) The commission may require that an applicant apply
electronically to participate in the program using an online Internet
application on the commission's web site.
