SOURCE: IC 20-3.1-2-4; (01)MO016516.1. -->
SECTION 1. IC 20-3.1-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. "Assessment
program" refers to the ISTEP assessment program created under
IC 20-10.2-5.
SOURCE: IC 20-3.1-2-5; (01)MO016516.2. -->
SECTION 2. IC 20-3.1-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. "Assessment test"
refers to a test administered to students under the ISTEP assessment
program created under IC 20-10.2-5.
SOURCE: IC 20-3.1-2-8; (01)MO016516.3. -->
SECTION 3. IC 20-3.1-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. "Designated grade
level" refers to the grade levels tested under the ISTEP assessment
program created under IC 20-10.2-5.
SOURCE: IC 20-3.1-2-20; (01)MO016516.5. -->
SECTION 5. IC 20-3.1-2-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. "State
achievement standards" refers to the state achievement standards
adopted under IC 20-10.1-17 for the ISTEP program. for which the
assessment program developed under IC 20-10.2-5 assesses
students.
SOURCE: IC 20-3.1-6-1; (01)MO016516.6. -->
SECTION 6. IC 20-3.1-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. The student
performance measures described in sections 2 through 4 of this chapter
IC 20-10.2-5 applies to the school city and its schools. The student
performance improvement levels developed under IC 20-10.2-5
shall be used by the board to:
(1) assess;
(2) report; and
(3) improve;
the performance of schools, educators, and students in the school city.
SOURCE: IC 20-3.1-6-3; (01)MO016516.7. -->
SECTION 7. IC 20-3.1-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The board shall use
the student performance objectives improvement levels developed
under IC 20-10.2-5 to:
(1) implement the school plan;
(2) evaluate school performance;
(3) publish annual reports; and
(4) determine academic receivership under IC 20-3.1-14.
SOURCE: IC 20-3.1-6-4; (01)MO016516.8. -->
SECTION 8. IC 20-3.1-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. The board shall use
expected student performance improvement levels to determine
whether to place a school in academic receivership under
IC 20-3.1-14.
SOURCE: IC 20-3.1-6-5; (01)MO016516.9. -->
SECTION 9. IC 20-3.1-6-5, AS AMENDED BY P.L.14-2000,
SECTION 48, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5. Each school in the school city
shall measure and record:
(1) the school's students' achievement in reaching the school's
student performance objectives improvement levels established
under IC 20-3.1-8;
(2) student achievement information for the school described in
IC 20-1-21-9 and IC 20-1-21-9.5; and
(3) teacher and administrative performance information for the
school described in IC 20-1-21-9.5;
which in each case must be consistent with and not less rigorous
than the student performance improvement levels and information
developed and required under IC 20-10.2-5.
SOURCE: IC 20-3.1-7-2; (01)MO016516.11. -->
SECTION 11. IC 20-3.1-7-2, AS AMENDED BY P.L.8-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. The plan modified, developed, and
implemented under this chapter must do the following:
(1) Provide for efforts to increase support of the schools by the
parents of students and the neighborhood communities
surrounding the schools.
(2) Establish student performance objectives improvement
levels for educators and students in each school within the school
city consistent with and no less rigorous than the student
performance improvement levels developed under IC 20-10.5.
(3) Provide opportunity and support for the educators in each
school to develop a school plan, including:
(A) traditional or innovative methods and approaches to
improve student achievement; and
(B) efficient and cost effective management efforts in the
school;
that are consistent developed consistently with general
guidelines established by the board. IC 20-10.2.
(4) Require annual reports identifying the progress of student
achievement for each school as described in IC 20-1-21-9 and
IC 20-1-21-9.5.
(5) Provide for the effective evaluation of each school within the
school city and the school's educators, including the consideration
of student achievement in the school.
(6) Develop a performance awards plan under IC 20-3.1-12 for
extraordinary and outstanding performance by a school within
the school city and the school's educators.
(7) Provide a range of opportunity for remediation of students
who:
(A) fail to meet state achievement standards; or
(B) are at risk of academic failure.
(8) Require action to raise the level of performance of a school if
the school's students fail to achieve expected student
performance improvement levels or performance objectives
established for the school.
SOURCE: IC 20-3.1-7-5; (01)MO016516.13. -->
SECTION 13. IC 20-3.1-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) The board shall
annually assess and evaluate educational programs offered by the
school city to determine:
(1) the programs' relationship to improved student achievement;
and
(2) the programs' educational value in relation to cost.
(b) The board may obtain information from:
(1) educators in the schools offering a program;
(2) students participating in the program; and
(3) the parents of students participating in the program;
in preparing an assessment and evaluation under this section. The
assessment must include the performance of the school's students
in achieving student performance improvement levels under
IC 20-10.2.
SOURCE: IC 20-3.1-9-1; (01)MO016516.15. -->
SECTION 15. IC 20-3.1-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) IC 20-10.2
applies to the school city. However, until the 2004-2005 school year,
the composition of any local school improvement committee under
IC 20-10.2 shall be determined in the manner provided for the
school and the school city under IC 20-3.1. Beginning in the
2004-2005 school year, the composition of any local school
improvement committee shall be determined under IC 20-10.2.
(a) (b) The plan developed and implemented by the board under
IC 20-3.1-7 must contain general guidelines for decisions by the
educators in each school to improve student achievement in the school.
(b) (c) The board's plan shall provide for the publication to other
schools within the school city and to the general community those
processes, innovations, and approaches that have led individual
schools to significant improvement in student achievement.
SOURCE: IC 20-3.1-11-3; (01)MO016516.16. -->
SECTION 16. IC 20-3.1-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. A staff performance
evaluation plan must do the following:
(1) Provide for evaluation of each employee's the school's and
the school's educators' performance based upon the school's
students' performance improvement level under IC 20-10.2
including the following:
(A) For teachers:
(i) the development and maintenance of parental
involvement in classroom and extracurricular activities;
(ii) Student achievement on assessment tests and assessment
programs. and
(iii) the teacher's attendance rates.
(B) For administrators:
(i) student attendance rates;
(ii) Graduation rates.
(iii) the number of teachers for each student at the school;
(iv) the number of certified administrators for each student
at the school;
(v) classroom expenditures per student as determined by a
formula to be established by the board; and
(vi)
(C) Scholastic aptitude test scores.
(C) (D) Other objective standards developed by the board for
measuring student, teacher, and administrator performance
improvement consistent with state academic standards and
performance improvement expectations developed under
IC 20-10.2.
(2) Provide for the continuing professional development and
improvement of the performance of the individuals evaluated.
(3) Require periodic assessment of the effectiveness of the plan.
(4) Provide that teachers receive an evaluation twice during each
school year.
SOURCE: IC 20-3.1-11-7; (01)MO016516.17. -->
SECTION 17. IC 20-3.1-11-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. IC 20-6.1-4-5 and IC 20-6.1-4-6
apply to certificated employees in the school city. A teacher's
students' performance improvement levels under the assessment
tests and programs of IC 20-10.2 may be used as a factor, but not
the only factor, to evaluate the performance of a teacher in the
school city.
SOURCE: IC 20-3.1-14-2; (01)MO016516.18. -->
SECTION 18. IC 20-3.1-14-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Beginning with
the 1996-1997 school year, the board may place a school in the school
city in academic receivership if the school fails for any four (4)
consecutive school years to meet expected performance levels.
(b) In addition to the consequences of IC 20-10.2-6 and
beginning with the 1996-1997 2002-2003 school year, the board shall
place a school in the school city in academic receivership if the school
fails for any two (2) consecutive school years to:
(1) meet expected performance improvement levels. and
(2) achieve the performance objectives established by the board
for the school under IC 20-3.1-8.
SOURCE: IC 20-3.1-15-1; (01)MO016516.20. -->
SECTION 20. IC 20-3.1-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. To provide the board
with the necessary flexibility and resources to carry out this article, the
following apply:
(1) The board may eliminate or modify existing policies and
create new policies, and alter policies from time to time, subject
to this article and the plan developed under IC 20-3.1-7.
(2) IC 20-7.5 does not apply to matters set forth in this article.
The matters set forth in this article may not be the subject of
collective bargaining or discussion under IC 20-7.5.
(3) An exclusive representative certified under IC 20-7.5 to
represent certified employees of the school city, or any other
entity voluntarily recognized by the board as a representative of
employees providing educational services in the schools, may
bargain collectively only concerning salary, wages, and salary
and wage related fringe benefits. The exclusive representative
may not bargain collectively or discuss performance awards
under IC 20-3.1-12. Beginning on July 1, 2001, IC 20-7.5
applies to the school city.
(4) (3) The board of school commissioners may waive the
following statutes and rules for any school in the school city
without the need for administrative, regulatory, or legislative
approval:
(A) The following rules concerning curriculum and
instructional time:
511 IAC 6.1-3-4
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
(B) The following rules concerning pupil/teacher ratios:
511 IAC 6-2-1(b)(2)
511 IAC 6.1-4-1
(C) The following statutes and rules concerning textbooks,
and rules adopted under the statutes:
IC 20-10.1-9-1
IC 20-10.1-9-18
IC 20-10.1-9-21
IC 20-10.1-9-23
IC 20-10.1-9-27
IC 20-10.1-10-1
IC 20-10.1-10-2
511 IAC 6.1-5-5
(D) The following rules concerning school principals:
511 IAC 6-2-1(c)(4)
511 IAC 6.1-4-2
(E) 511 IAC 2-2, concerning school construction and
remodeling.
(5) (4) Notwithstanding any other law, a school city may do the
following:
(A) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
city purpose.
(B) Establish a professional development and technology fund
to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or
local government taxation among any account of the school
corporation, including a professional development and
technology fund established under clause (B).
(6) (5) Transfer funds obtained from property taxation among the
general fund (established under IC 21-2-11) and the school
transportation fund (established under IC 21-2-11.5), subject to
the following:
(A) The sum of the property tax rates for the general fund and
the school transportation fund after a transfer occurs under this
subdivision may not exceed the sum of the property tax rates
for the general fund and the school transportation fund before
a transfer occurs under this clause.
(B) This clause does not allow a school corporation to transfer
to any other fund money from the debt service fund
(established under IC 21-2-4).
SOURCE: IC 20-5.5; (01)MO016516.21. -->
SECTION 21. IC 20-5.5 IS ADDED TO THE INDIANA CODE AS
A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
ARTICLE 5.5. CHARTER SCHOOLS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Board" refers to the Indiana state board of education
established by IC 20-1-1-1.
Sec. 3. "Charter" means a contract between an organizer and
a sponsor for the establishment of a charter school.
Sec. 4. "Charter school" means a public elementary school or
secondary school established under this article that:
(1) is nonsectarian and nonreligious; and
(2) operates under a charter.
Sec. 5. Conversion charter school" means a charter school
established under IC 20-5.5-11 by the conversion of an existing
school into a charter school. Existing school" includes a new
school to which students from other schools in the school
corporation are assigned or transferred.
Sec. 6. "Department" refers to the department of education
established by IC 20-1-1.1-2.
Sec. 7. "Elementary school" has the meaning set forth in
IC 20-10.1-1-15.
Sec. 8. "Governing body" has the meaning set forth in
IC 20-10.1-1-5.
Sec. 9. "Organizer" means a group or an entity that:
(1) has been determined by the Internal Revenue Service to be
operating under not-for-profit status or has applied for such
determination; and
(2) enters into a contract under this article to operate a
charter school.
Sec. 10. "Parent" has the meaning set forth in IC 20-1-1.8-8.
Sec. 11. "Proposal" refers to a proposal from an organizer to
establish a charter school.
Sec. 12. "Public school" has the meaning set forth in
IC 20-10.1-1-2.
Sec. 13. "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
Sec. 14. "Secondary school" means a high school (as defined in
IC 20-10.1-1-16).
Sec. 15. "Sponsor" means the following:
(1) For a charter school, one (1) of the following:
(A) A governing body.
(B) A state educational institution (as defined in
IC 20-12-0.5-1) that offers a four (4) year baccalaureate
degree.
(C) The executive (as defined in IC 36-1-2-5) of a
consolidated city.
Sec. 16. "Teacher" has the meaning set forth in IC 20-6.1-1-8.
Chapter 2. Description
Sec. 1. A charter school may be established under this article to
provide innovative and autonomous programs that do the
following:
(1) Serve the different learning styles and needs of public
school students.
(2) Offer public school students appropriate and innovative
choices.
(3) Afford varied opportunities for professional educators.
(4) Allow public schools freedom and flexibility in exchange
for exceptional levels of accountability.
(5) Provide parents, students, community members, and local
entities with an expanded opportunity for involvement in the
public school system.
Sec. 2. A charter school is subject to all federal and state laws
and constitutional provisions that prohibit discrimination on the
basis of the following:
(1) Disability.
(2) Race.
(3) Color.
(4) Gender.
(5) National origin.
(6) Religion.
(7) Ancestry.
Chapter 3. Establishment
Sec. 1. A sponsor may grant a charter to an organizer to operate
a charter school under this article.
Sec. 2. A sponsor may not grant a charter to a for-profit
organizer.
Sec. 3. The organizer's constitution, chapter, articles, or bylaws
must contain a clause that provides that upon dissolution:
(1) all remaining assets, except funds specified in subsection
(2), shall be used for nonprofit educational purposes; and
(2) remaining funds received from the department shall be
returned to the department not more than thirty (30) days
after dissolution.
Sec. 3. (a) An organizer may submit to the sponsor a proposal
to establish a charter school.
(b) A proposal must contain at least the following information:
(1) Identification of the organizer.
(2) A description of the organizer's organizational structure
and governance plan.
(3) The following information for the proposed charter
school:
(A) Name.
(B) Purposes.
(C) Governance structure.
(D) Management structure.
(E) Educational mission goals.
(F) Curriculum and instructional methods.
(G) Methods of pupil assessment.
(H) Admission policy and criteria, subject to IC 20-5.5-5.
(I) School calendar.
(J) Age or grade range of pupils to be enrolled.
(K) A description of staff responsibilities.
(L) A description and the address of the physical plant.
(M) Budget and financial plans.
(N) Personnel plan, including methods for selection,
retention, and compensation of employees.
(O) Transportation plan.
(P) Discipline program.
(Q) Plan for compliance with any applicable desegregation
order.
(R) The date when the charter school is expected to:
(i) begin school operations; and
(ii) have students in attendance at the charter school.
(S) The arrangement for providing teachers and other staff
with health insurance, retirement benefits, liability
insurance, and other benefits.
(4) The manner in which an annual audit of the program
operations of the charter school is to be conducted by the
sponsor.
(c) This section does not waive, limit, or modify the provisions
of:
(1) IC 20-7.5 in a charter school where the teachers have
chosen to organize under IC 20-7.5; or
(2) an existing collective bargaining agreement for
noncertified employees (as defined in IC 20-7.5-1-2.).
Sec. 4. This subsection applies only to a sponsor that is the
executive of a consolidated city. Before issuing a charter, the
sponsor must receive the approval of a majority of the members of
the legislative body (as defined in IC 36-1-2-9) of the consolidated
city for the establishment of a charter school. The sponsor may
issue charters for charter schools located within the consolidated
city.
Sec. 5. (a) Except as provided in subsection (b), if a governing
body grants a charter to establish a charter school, the governing
body must provide a noncharter school that students of the same
age or grade levels may attend.
(b) The department may waive the requirement that a
governing body provide a noncharter school under subsection (a)
upon the request of the governing body.
Sec. 6. The sponsor may revoke the charter of a charter school
that does not, by the date specified in the charter:
(1) begin school operations; and
(2) have students in attendance at the charter school.
Sec. 7. Before granting a charter under which more than fifty
percent (50%) of the students in the school corporation will attend
a charter school, a governing body must receive the approval of the
department.
Sec. 8. A sponsor must notify an organizer who submits a
proposal under section 3 of this chapter of:
(1) the acceptance of the proposal; or
(2) the rejection of the proposal;
not later than sixty (60) days after the organizer submits the
proposal.
Sec. 9. (a) A sponsor must notify the department of the
following:
(1) The receipt of a proposal.
(2) The acceptance of a proposal.
(3) The rejection of a proposal, including the reasons for the
rejection, the number of members of the governing body
favoring the proposal, and the number of members of the
governing body not favoring the proposal.
(b) The department shall annually do the following:
(1) Compile the information received under subsection (a)
into a report.
(2) Submit the report to the legislative council.
Sec. 10. If a sponsor rejects a charter school proposal, the
organizer may:
(1) amend the charter school proposal and resubmit the
proposal to the same sponsor;
(2) submit a charter school proposal to another sponsor; or
(3) appeal the decision to the charter school review panel
created in section 11 of this chapter.
Sec. 11. (a) This section applies if the sponsor rejects a proposal.
(b) The organizer may appeal the decision of the sponsor to the
charter school review panel created under subsection (c).
(c) The charter school review panel is created. The members of
the panel are:
(1) the governor or his designee;
(2) the superintendent of public instruction, who shall chair
the panel;
(3) a member of the board appointed by the superintendent of
public instruction;
(4) a person with financial management experience appointed
by the governor; and
(5) a community leader with knowledge of charter school
issues appointed jointly by the governor and the
superintendent of public instruction.
Members shall serve a two (2) year term and may be reappointed
to the panel upon expiration of their terms.
(d) All decisions of the panel shall be determined by a majority
vote of the panel's members.
(e) Upon the request of an organizer, the panel shall meet to
consider the organizer's proposal and the sponsor's reasons for
rejecting the proposal. The panel must allow the organizer and
sponsor to participate in the meeting.
(f) After the panel meets under subsection (d), the panel shall
make one (1) of the following three (3) findings and issue the
finding to the organizer and the sponsor:
(1) A finding that supports the sponsor's rejection of the
proposal.
(2) A finding that:
(A) recommends that the organizer amend the proposal;
and
(B) specifies the changes to be made in the proposal if the
organizer elects to amend the proposal.
(3) A finding that approves the proposal.
The panel shall issue the finding not later than forty-five (45) days
after the panel receives the request for review.
(g) If the panel makes a finding described in subsection (e)(1)
the finding is final.
(h) If the panel makes a finding described in subsection (e)(2)
the organizer may amend the proposal according to the panel's
recommendations and resubmit the proposal directly to the panel.
(i) If the panel makes a finding described in subsection (e)(3)
then the proposal is considered conditionally approved. The
approval shall be considered final upon the delivery to the panel of
written notice from the organizer and an eligible sponsor, as
identified in chapter 1, section 14 of this article, that the sponsor
has agreed to serve as a sponsor for the proposal approved by the
panel.
(j) Proposals approved under this section shall not be counted
under any numerical limits placed upon a sponsor or set of
sponsors.
Sec. 12. (a) The department shall monitor the number of charter
schools approved by universities;
(b) Within six (6) months after twenty (20) charter schools have
been approved by universities, the department shall issue a report
to the charter school review panel identifying:
(1) the purpose and organization of all charter schools
sponsored by universities;
(2) the procedure by which charter schools have been
approved and monitored by university sponsors; and
(3) recommendations regarding the future of university
sponsorships.
(c) The report completed under subsection (b) shall be
submitted to the legislative council.
Sec. 13. (a) This section applies to university sponsors.
(b) The ultimate responsibility for choosing to sponsor a charter
school and responsibilities for maintaining sponsorship shall rest
with the university's board of trustees.
(c) Notwithstanding subsection (b), the university's board of
trustees may vote to assign sponsorship authority and sponsorship
responsibilities to another person or entity that functions under the
direction of the university's board. Any decisions made under this
subsection shall be communicated in writing to the department of
education and the charter school review panel.
Sec. 14. (a) This section applies to charter schools sponsored by
the mayor of a consolidated city.
(b) The number of charter schools shall be not more than five
(5) during the 2001 calendar year.
(c) Each subsequent year, the maximum number of charter
schools shall increase by five (5).
(d) The limits resulting from subsections (b) and (c) shall be
cumulative from year to year.
Sec. 15. No entity or multiple divisions of the same entity may
serve simultaneously as both the organizer and the sponsor of the
same charter school.
Chapter 4. The Charter
Sec. 1. A charter must do the following:
(1) Be a written instrument.
(2) Be executed by a sponsor and an organizer.
(3) Confer certain rights, franchises, privileges, and
obligations on a charter school.
(4) Confirm the status of a charter school as a public school.
(5) Be granted for:
(A) not less than three (3) years; and
(B) a fixed number of years agreed to by the sponsor and
the organizer.
(6) Provide for:
(A) a review by the sponsor of the charter school's
performance, including the progress of the charter school
in achieving the academic goals set forth in the charter, at
least one (1) time in each five (5) year period while the
charter is in effect; and
(B) renewal, if the sponsor and the organizer agree to
renew the charter.
(7) Specify the grounds for the sponsor to:
(A) revoke the charter before the end of the term for which
the charter is granted; or
(B) not renew a charter.
(8) Set forth the methods by which the charter school is held
accountable for achieving the educational mission and goals
of the charter school, including the following:
(A) Evidence of improvement in assessment measures,
including ISTEP and Graduation Qualifying Exam,
attendance rates, graduation rates (if appropriate),
increased numbers of Core 40 diplomas (if appropriate),
and increased numbers of academic honors diplomas (if
appropriate).
(B) Evidence of progress toward reaching the educational
goals set by the organizer.
(9) Describe the method to be used to monitor the charter
school's:
(A) compliance with applicable law; and
(B) performance in meeting targeted educational
performance.
(10) Specify that the sponsor and the organizer may amend
the charter during the term of the charter by mutual consent
and describe the process for amending the charter.
(11) Describe specific operating requirements, including all of
the matters set forth in the application for the charter.
(12) Specify a date when the charter school will:
(A) begin school operations; and
(B) have students in attendance at the charter school.
(13) Specify that records of a charter school relating to the
school's operation and charter are subject to inspection and
copying to the same extent that records of a public school are
subject to inspection and copying under IC 5-14-3.
(14) Specify that records provided by the charter school to the
department or sponsor that relate to compliance by the
operator with the terms of the charter or applicable state or
federal laws are subject to inspection and copying in
accordance with IC 5-14-3.
(15) Specify that the charter school is subject to the
requirements of IC 5-14-1.5.
Chapter 5. Student Admissions and Enrollment
Sec. 1. Except as provided in this chapter, a nonconversion
charter school must be open to any student who resides in Indiana.
A student may attend a charter school outside the district in which
the student resides if the parent determines that an academic
program at the charter school would enhance the student's
academic opportunities. If the governing body in which the student
resides determines that such a transfer would not improve the
student's academic opportunities, the governing body may appeal
to the board. Within forty-five (45) days of receiving the appeal,
the board shall conduct a hearing and decide whether to uphold or
reverse the parent's decision to enroll in the charter school. During
the board's consideration, the parents of the student shall be
allowed to testify, but the governing body shall have the burden of
proof for demonstrating that the charter school does not provide
additional or unique academic opportunities that exceed those
available at the school corporation.
Sec. 2. Except as provided in this chapter, a conversion charter
school must be open to any student residing in the local school
corporation. By joint agreement of the sponsor and organizer, a
conversion charter school may open its enrollment to students
outside of the local school corporation.
Sec. 3. Except as provided in this chapter, a charter school may
not establish admission policies or limit student admissions in any
manner in which a public school is not permitted to establish
admission policies or limit student admissions.
Sec. 4. (a) Except as provided in subsections (b), (c), and (d), a
charter school must enroll any eligible student who submits a
timely application for enrollment.
(b) This subsection applies if the number of applications for a
program, class, grade level, or building exceeds the capacity of the
program, class, grade level, or building. If a charter school receives
a greater number of applications than there are spaces for
students, each timely applicant must be given an equal chance of
admission.
(c) A charter school may limit new admissions to the charter
school to:
(1) ensure that a student who attends the charter school
during a school year may continue to attend the charter
school in subsequent years; and
(2) allow the siblings of a student who attends a charter school
to attend the charter school.
(d) This subsection applies to an existing school that converts to
a charter school under IC 20-5.5-11. During the school year in
which the existing school converts to a charter school, the charter
school may limit admission to:
(1) those students who were enrolled in the charter school on
the date of the conversion; and
(2) siblings of students described in subdivision (1).
Chapter 6. Employment
Sec. 1. Individuals who work at a charter school are employees
of the charter school or of an entity with which the charter school
has contracted to provide services.
Sec. 2. Individuals must choose to be teachers at a charter
school voluntarily, and a charter school shall voluntarily choose
such individuals to be its teachers.
Sec. 3. Employees of a charter school may organize and bargain
collectively under IC 20-7.5.
Sec. 4. (a) This section applies to a conversion charter school.
(b) After the conversion, the teachers in a conversion charter
school remain part of the bargaining unit of the sponsor and are
subject to all the provisions of the collective bargaining agreement.
(c) The governing body, the equivalent body of the conversion
charter school, and the exclusive representative may by mutual
agreement grant a waiver of a specific provision of the collective
bargaining agreement.
(d) Noncertificated employees (as defined in IC 20-7.5-1-2) shall
remain in existing bargaining units and are covered under existing
collective bargaining agreements.
Sec. 5 (a) An individual who teaches in a charter school must
either:
(1) hold a license to teach in a public school in Indiana under
IC 20-6.1-3; or
(2) be in the process of obtaining a license to teach in a public
school in Indiana under the transition to teaching program set
forth in IC 20-6.1-3-11.
(b) An individual described in subsection (a)(2) must complete
the transition to teaching program not later than three (3) years
after beginning to teach at a charter school.
(c) An individual who provides a service to students in a charter
school:
(1) that is not teaching; and
(2) for which a license is required under Indiana law;
must have the appropriate license to provide the service in Indiana.
Sec. 6. A charter school may employ a substitute teacher or an
individual who holds a limited license to teach in the same manner
in which a noncharter public school may employ a substitute
teacher or an individual who holds a limited license to teach.
Sec. 7. (a) A charter school shall participate in the following:
(1) The Indiana state teachers' retirement fund in accordance
with IC 21-6.1.
(2) The public employees' retirement fund in accordance with
IC 5-10.3.
(b) A person who teaches in a charter school is a member of the
Indiana state teachers' retirement fund. Service in a charter school
is creditable service for purposes of IC 21-6.1.
(c) A person who:
(1) is a local school employee of a charter school; and
(2) is not eligible to participate in the Indiana state teachers'
retirement fund;
is a member of the public employees' retirement fund.
(d) The boards of the Indiana state teachers' retirement fund
and the public employees' retirement fund shall implement this
section through the organizer of the charter school, subject to and
conditioned upon receiving any approvals either board considers
appropriate from the Internal Revenue Service and the United
States Department of Labor.
Sec. 8. The decision by a sponsor whether to grant a charter
shall not be subject to restraint by the collective bargaining
agreement.
Sec. 9. As a school corporation grants a charter to a charter
school and individuals choose and are chosen by the charter school
to teach in the charter school, the school corporation may make
personnel adjustments among its noncharter school teachers that
the school corporation believes are necessary or appropriate to
match existing resources with existing needs in its noncharter
schools. If, as part of such adjustments, the school corporation
eliminates a teaching position within the corporation, the legal or
contractual provisions, if any, otherwise applicable to the teacher
in one (1) of its noncharter schools whose contract with the school
corporation is canceled as a result of the elimination of the position
within the school corporation shall continue to apply to that
teacher.
Sec. 10. (a) The governing body:
(1) must grant a transfer of not more than two (2) years; and
(2) may grant a transfer for a period of time in addition to the
period required in subdivision (1);
to a teacher of a noncharter school in the school corporation who
wishes to teach and has been accepted to teach at a nonconversion
charter school.
(b) During the term of the transfer under subsection (a):
(1) the teacher's seniority status under law continues as if the
teacher were an employee of a noncharter school in the school
corporation; and
(2) the teacher's years as a charter school employee shall not
be considered for purposes of permanent or semipermanent
status with the school corporation under IC 20-6.1-4.
Chapter 7. Fiscal Matters
Sec. 1. (a) The organizer is the fiscal agent for the charter
school.
(b) The organizer has exclusive control of:
(1) funds received by the charter school; and
(2) financial matters of the charter school.
(c) The organizer shall maintain separate accountings of all
funds received and disbursed by the charter school.
Sec. 2. For purposes of computing:
(1) state tuition support;
(2) state funding for any purpose; or
(3) local funding for any purpose except capital projects;
a charter school student is counted in the same manner as a student
of the school corporation in which the charter school student
resides.
Sec. 3. (a) Not later than the date established by the department
for determining average daily membership under
IC 21-3-1.6-1.1(d), the organizer shall submit to the department the
following information:
(1) The number of students enrolled in the charter school.
(2) The name of each student and the school corporation in
which the student resides.
(b) After verifying the accuracy of the information reported
under subsection (a), the department shall distribute the following
to the organizer:
(1) Tuition support and other state funding for any purpose
for students in the charter school.
(2) A proportionate share of state and federal funds received
for students with disabilities or staff services for students with
disabilities for the students with disabilities enrolled in the
charter school.
(3) A proportionate share of funds received under federal or
state categorical aid programs for students who are eligible
for the federal or state aid enrolled in the charter school.
(c) Not later than the date established by the department for
determining average daily membership under IC 21-3-1.6-1.1(d),
the organizer shall submit to each governing body a report of the
total number and names of students from the governing body's
school corporation enrolled in the charter school. Upon verifying
the accuracy of the information reported, the governing body shall
distribute to the organizer a proportionate share of local support
for the students enrolled in the charter school in an amount
determined under STEP THREE of the following formula:
STEP ONE: Add the revenues obtained by the school
corporation's:
(A) general fund property tax levy; and
(B) general fund auto excise and financial institutions tax.
STEP TWO: Divide the sum determined under STEP ONE by
the total number of students enrolled in the school
corporation.
STEP THREE: Multiply the quotient determined under STEP
TWO by the number of students enrolled in the charter
school.
Sec. 4. (a) Services that a school corporation provides to a
charter school, including transportation, may be provided at not
more than one hundred three percent (103%) of the actual cost of
the services.
(b) This subsection applies to a sponsor that is a state
educational institution described in IC 20-5.5-1-14(1)(B). A state
educational institution may receive from the organizer of a charter
school sponsored by the state educational institution an
administrative fee equal to not more than three percent (3%) of the
total amount the governing body distributes under sections 3(b)(1)
and 3(c) of this chapter .
Sec. 5. An organizer may apply for and accept for a charter
school:
(1) independent financial grants; or
(2) funds from public or private sources other than the
department.
Sec. 6. With the approval of a majority of the members of the
governing body, a school corporation may distribute a
proportionate share of the school corporation's capital project
fund to a charter school.
Sec. 7. When a charter school uses public funds for the
construction, reconstruction, alteration or renovation of a public
building, bidding and wage determination laws and all other
statutes and rules shall apply.
Sec. 8. A sponsor may request and receive financial reports
concerning a charter school from the organizer at any time.
Chapter 8. Powers and Exemptions
Sec. 1. A charter school may do the following:
(1) Sue and be sued in its own name.
(2) For educational purposes, acquire real and personal
property or an interest in real and personal property by
purchase, gift, grant, devise, or bequest.
(3) Convey property.
(4) Enter into contracts in its own name, including contracts
for services.
Sec. 2. A charter school may not do the following:
(1) Operate at a site or for grades other than as specified in
the charter.
(2) Charge tuition to any student residing within the school
corporation's geographic boundaries. However, a charter
school may charge tuition for:
(A) a preschool program, unless charging tuition for the
preschool program is barred under federal law; or
(B) a latch key program;
if the charter school provides those programs.
(3) Except for a foreign exchange student who is not a United
States citizen, enroll a pupil who is not a resident of Indiana.
(4) Be located in a private residence.
(5) Provide home based instruction.
Sec. 3. For each charter school established under this article, the
charter school and the organizer are accountable to the sponsor for
ensuring compliance with:
(1) applicable federal and state laws;
(2) the charter; and
(3) the Constitution of the State of Indiana.
Sec. 4. Except as specifically provided in this article and the
statutes listed in section 5 of this chapter, the following do not
apply to a charter school:
(1) Any Indiana statute applicable to a governing body or
school corporation.
(2) A rule or guideline adopted by the Indiana state board of
education.
(3) A rule or guideline adopted by the professional standards
board (established by IC 20-1-1.4-2), except for those rules
that assist a teacher in gaining or renewing a standard or
advanced license.
(4) A local regulation or policy adopted by a school
corporation unless specifically incorporated in the charter.
Sec. 5. The following statutes and rules and guidelines adopted
under the following statutes apply to a charter school:
(1) IC 5-11-1-9 (required audits by the state board of
accounts).
(2) IC 20-1-1.5 (unified accounting system).
(3) IC 20-1-6 (special education).
(4) IC 20-5-2-7 and IC 20-6.1-3-7.1 (criminal history).
(5) IC 20-5-2-3 (subject to laws requiring regulation by state
agencies).
(6) IC 20-6.1-4-15 (void teacher contract when two (2)
contracts are signed).
(7) IC 20-6.1-6-11 (nondiscrimination for teacher marital
status).
(8) IC 20-6.1-6-13 (teacher freedom of association).
(9) IC 20-6.1-6-15 (school counselor immunity).
(10) For conversion charter schools only, IC 20-6.1-4,
IC 20-6.1-5 and IC 20-6.1-6.
(11) IC 20-8.1-3 (compulsory school attendance).
(12) IC 20-8.1-4 (limitations on employment of children).
(13) IC 20-8.1-5.1-13, IC 20-8.1-5.1-15, and IC 20-8.1-5.1-15.5
(student due process and judicial review).
(14) IC 20-8.1-5.1-10 (firearms and deadly weapons)
(15) IC 20-8.1-7 and IC 20-8.1-8 (health and safety measures).
(16) IC 20-8.1-9-3 (exemption from school fees for eligible
families and fee reimbursement).
(17) IC 20-8.1-9-5 (notice to parents concerning financial
assistance).
(18) IC 20-8.1-12 (reporting of student violations of law).
(19) IC 20-10.1-2-4 and IC 20-10.1-2-6 (patriotic
commemorative observances).
(20) IC 20-10.1-16, IC 20-10.1-17, or any other statute, rule,
or guideline related to standardized testing (assessment
programs, including remediation under the assessment
programs).
(21) IC 20-10.1-22.4 (parental access to education records).
(22) IC 20-10.2 (accountability for school performance and
improvement).
Sec. 6. (a) A charter school may not duplicate a Bureau of
Apprenticeship and Training (BAT) approved Building Trades
apprenticeship program.
(b) A student in a charter school may not be excluded from
participating in a BAT approved Building Trades apprenticeship
program that is offered in a non-charter school.
Chapter 9. Oversight and Revocation
Sec. 1. An organizer that has established a charter school shall
submit an annual report to the department for informational and
research purposes.
Sec. 2. An annual report under this chapter must contain the
following information for a charter school:
(1) Results of all standardized testing, including ISTEP and
Graduation Qualifying Exam.
(2) A description of the educational methods and teaching
methods employed.
(3) Daily attendance records.
(4) Graduation statistics (if appropriate), including
attainment of Core 40 and Academic Honors Diplomas.
(5) Student enrollment data, including the following:
(A) The number of students enrolled.
(B) The number of students expelled.
(C) The number of students who discontinued attendance
at the charter school and the reasons for the
discontinuation.
Sec. 3. The sponsor shall oversee a charter school's compliance
with:
(1) the charter; and
(2) all applicable laws.
Sec. 4. Notwithstanding the provisions of the charter, a sponsor
that grants a charter may revoke the charter at any time before the
expiration of the term of the charter if the sponsor determines that
at least one (1) of the following occurs:
(1) The organizer fails to comply with the conditions
established in the charter.
(2) The charter school established by the organizer fails to
meet the educational goals set forth in the charter.
(3) The organizer fails to comply with all applicable laws.
(4) The organizer fails to meet generally accepted government
accounting principles.
(5) One (1) or more grounds for revocation exist as specified
in the charter.
Sec. 5. A charter school shall report the following to the
sponsor:
(1) Attendance records.
(2) Student performance data.
(3) Financial information.
(4) Any information necessary to comply with state and
federal government requirements.
(5) Any other information specified in the charter.
Sec. 6. The organizer of a charter school shall publish an annual
performance report that provides the information required under
IC 20-1-21-8 in the same manner that a school corporation
publishes an annual report under IC 20-1-21.
Chapter 10. Student Transfers From Charter Schools
Sec. 1. A public noncharter school that receives a transfer
student from a charter school may not discriminate against the
student in any way, including placing the student:
(1) in an inappropriate age group according to the student's
ability;
(2) below the student's abilities; or
(3) in a class where the student has already mastered the
subject matter.
Chapter 11. Conversion of Existing Schools Into Charter
Schools
Sec. 1. An existing public elementary or secondary school may
be converted into a charter school if the following conditions apply:
(1) At least sixty percent (60%) of the teachers at the school
have signed a petition requesting the conversion.
(2) At least fifty-one percent (51%) of the parents of students
at the school have signed a petition requesting the conversion.
Sec. 2. If the conditions of section 1 of this chapter are met, the
teachers and parents may appoint a committee to act as organizers
for the charter school.
Sec. 3. The organizers shall submit a proposal under IC 20-5.5-3
to the governing body of the school corporation in which an
existing elementary or secondary school is located to convert the
existing school into a charter school.
Sec. 4. Only the governing body of the school corporation in
which an existing public elementary or secondary school that seeks
conversion to a charter school is located may act as the sponsor of
the conversion charter school.
SOURCE: IC 20-7.5-1-2; (01)MO016516.23. -->
SECTION 23. IC 20-7.5-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
chapter:
(a) "School corporation" means any local public school corporation
established under Indiana law and, in the case of public vocational
schools or schools for children with disabilities established or
maintained by two (2) or more school corporations, shall refer to such
schools.
(b) "Governing body"
shall mean means:
(1) the board or commission charged by law with the
responsibility of administering the affairs of the school
corporation;
or
(2) the body that administers a charter school established
under IC 20-5.5.
(c) "School employer" means:
(1) the governing body of each:
(A) school corporation;
or
(B) charter school established under IC 20-5.5; and
(2) any person or persons authorized to act for the governing
body of the school employer in dealing with its employees.
(d) "Superintendent" shall mean:
(1) the chief administrative officer of any:
(A) school corporation, or
(B) charter school established under IC 20-5.5; or
(2) any person or persons designated by the officer or by the
governing body to act in the officer's behalf in dealing with
school employees.
(e) "School employee" means any full-time certificated person in
the employment of the school employer. A school employee shall be
considered full time even though the employee does not work during
school vacation periods, and accordingly works less than a full year.
There shall be excluded from the meaning of school employee
supervisors, confidential employees, employees performing security
work and noncertificated employees.
(f) "Certificated employee" means a person:
(1) whose contract with the school corporation requires that
he
the person hold a license or permit from the state board of
education or a commission thereof as provided in IC 20-6.1;
or
(2) who is employed as a teacher by a charter school
established under IC 20-5.5.
(g) "Noncertificated employee" means any school employee whose
employment is not dependent upon the holding of a license or permit
as provided in IC 20-6.1.
(h) "Supervisor" means any individual who has:
(1) authority, acting for the school corporation, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline school employees;
(2) responsibility to direct school employees and adjust their
grievances; or
(3) responsibility to effectively recommend the action described
in
subsections subdivisions (1) through (2);
that is not of a merely routine or clerical nature but requires the use of
independent judgment. The term includes superintendents, assistant
superintendents, business managers and supervisors, directors with
school corporation-wide responsibilities, principals and vice principals,
and department heads who have responsibility for evaluating teachers.
(i) "Confidential employee" means a school employee whose
unrestricted access to confidential personnel files or whose functional
responsibilities or knowledge in connection with the issues involved
in dealings between the school corporation and its employees would
make the confidential employee's membership in a school employee
organization incompatible with the employee's official duties.
(j) "Employees performing security work" means any school
employee whose primary responsibility is the protection of personal
and real property owned or leased by the school corporation or who
performs police or quasi-police powers.
(k) "School employee organization" means any organization which
has school employees as members and one (1) of whose primary
purposes is representing school employees in dealing with their school
employer, and includes any person or persons authorized to act on
behalf of such organizations.
(l) "Exclusive representative" means the school employee
organization which has been certified for the purposes of this chapter
by the board or recognized by a school employer as the exclusive
representative of the employees in an appropriate unit as provided in
section 10 of this chapter, or the person or persons duly authorized to
act on behalf of such representative.
(m) "Board" means the Indiana education employment relations
board provided by this chapter.
(n) "Bargain collectively" means the performance of the mutual
obligation of the school employer and the exclusive representative to
meet at reasonable times to negotiate in good faith with respect to
items enumerated in section 4 of this chapter and to execute a written
contract incorporating any agreement relating to such matters. Such
obligation shall not include the final approval of any contract
concerning these or any other items. Agreements reached through
collective bargaining are binding as a contract only if ratified by the
governing body of the school corporation and the exclusive
representative. The obligation to bargain collectively does not require
the school employer or the exclusive representative to agree to a
proposal of the other or to make a concession to the other.
(o) "Discuss" means the performance of the mutual obligation of the
school corporation through its superintendent and the exclusive
representative to meet at reasonable times to discuss, to provide
meaningful input, to exchange points of view, with respect to items
enumerated in section 5 of this chapter. This obligation shall not,
however, require either party to enter into a contract, to agree to a
proposal, or to require the making of a concession. A failure to reach
an agreement on any matter of discussion shall not require the use of
any part of the impasse procedure, as provided in section 13 of this
chapter. Neither the obligation to bargain collectively nor to discuss
any matter shall prevent any school employee from petitioning the
school employer, the governing body, or the superintendent for a
redress of the employee's grievances either individually or through the
exclusive representative, nor shall either such obligation prevent the
school employer or the superintendent from conferring with any
citizen, taxpayer, student, school employee, or other person
considering the operation of the schools and the school corporation.
(p) "Strike" means concerted failure to report for duty, willful
absence from one's position, stoppage of work, or abstinence in whole
or in part from the full, faithful, and proper performance of the duties
of employment, without the lawful approval of the school employer,
or in any concerted manner interfering with the operation of the school
employer for any purpose.
(q) "Deficit financing" with respect to any budget year shall mean
expenditures in excess of money legally available to the employer.
SOURCE: IC 20-10.2-2-3.5; (01)MO016516.24. -->
SECTION 24. IC 20-10.2-2-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1.5. "Charter school" refers to a
public school created and operating under IC 20-5.5.
SOURCE: IC 20-10.2-3-1.5; (01)MO016516.25. -->
SECTION 25. IC 20-10.2-3-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1.5. (a) This section applies to a
charter school.
(b) A charter entered under IC 20-5.5-4 may be used as a
charter school's three (3) year strategic and continuous school
improvement and achievement plan.
SOURCE: IC 20-10.2-6-1; (01)MO016516.26. -->
SECTION 26. IC 20-10.2-6-1, AS ADDED BY P.L.221-1999,
SECTION 13, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1. This chapter does not apply to
the following:
(1) A nonpublic school.
(2) A charter school.
SOURCE: IC 20-3.1-2-12; IC 20-3.1-2-15; IC 20-3.1-2-16; IC 20-3.1-
12; IC 20-3.1-14-1; IC 20-3.1-14-3.
; (01)MO016516.27. -->
SECTION 27. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2001]: IC 20-3.1-2-12; IC 20-3.1-2-15; IC 20-3.1-2-16;
IC 20-3.1-12; IC 20-3.1-14-1; IC 20-3.1-14-3.
SOURCE: ; (01)MO016516.28. -->
SECTION 28. [EFFECTIVE JULY 1, 2001] (a) This SECTION
applies to a school city subject to IC 20-3.1-15-1, as amended by
this act.
(b) In negotiations under IC 20-7.5 for the first negotiated
agreement after July 1, 2001, the following shall be included as
items according to IC 20-7.5-1-4:
(1) Grievance procedure.
(2) Teacher evaluation.
(3) Reduction in force.
(c) This SECTION expires upon the ratification of the
agreement described in subsection (a) or July 1, 2005, whichever
is the earliest to occur.
SOURCE: ; (01)MO016516.29. -->
SECTION 29. [EFFECTIVE JULY 1, 2001] There is appropriated
to the department of education fifty thousand dollars ($50,000)
from the state general fund in each state fiscal year of the biennium
beginning July 1, 2001, and ending June 30, 2003, for its use to
carry out its responsibilities under IC 20-5.5 and to provide
advisory assistance to school corporations and charter schools for
programs under IC 20-5.5.