February 20, 2001





HOUSE BILL No. 1683

_____


DIGEST OF HB 1683 (Updated February 19, 2001 11:11 AM - DI 97)



Citations Affected: IC 20-1; IC 20-3; IC 20-3.1; noncode.

Synopsis: Indianapolis public schools. Amends the law concerning Indianapolis Public Schools (IPS) to make the provisions concerning student standards, improvement, and accountability consistent with provisions applicable to other school corporations. Eliminates IPS specific teacher evaluation provisions and makes IPS teacher evaluations consistent with existing provisions applicable to other school corporations and teachers. Eliminates merit pay provisions for IPS employees and provides that IPS may participate in the student educational achievement grant program. Reinstates collective bargaining and discussion rights for certificated school employees in IPS with regard to matters that are currently open for bargaining or discussion for school employees in other school systems.

Effective: Upon passage; July 1, 2001.





Porter




    January 17, 2001, read first time and referred to Committee on Education.
    February 19, 2001, reported _ Do Pass.







February 20, 2001

First Regular Session 112th General Assembly (2001)


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 this style type.
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1683



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-1-21-9.5; (01)HB1683.1.1. -->     SECTION 1. IC 20-1-21-9.5 , AS ADDED BY P.L.8-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9.5. For all schools under IC 20-3.1, the report must include the following, in addition to the requirements of IC 20-1-21-9 :
        (1) Student achievement information as follows:
            (A) For each elementary and middle school, grade advancement rates.
            (B) For each high school, the percentage of students who apply to, are accepted by, and attend a college, university, or other post-secondary educational institution after high school.
        (2) Administrative performance measures as follows:
            (A) School receipts and expenditures by source, compared with budget amounts.
            (B) Total school enrollment.
            (C) The school's general fund expenditures per student and total expenditures per student.
            (D) The amount and percentage of the school's general fund expenditures and the amount and percentage of total expenditures directly reaching the classroom as determined by a formula to be established by the board.
            (E) Teacher/pupil ratios aggregated by class, grade, and school.
            (F) Administrator/pupil ratio for the school.
            (G) Teacher attendance retention rates aggregated by class, grade, and school.
        (3) Achievement on the annual performance objectives identified under IC 20-3.1-8.
        (4) The performance objectives established under IC 20-3.1-8 for the upcoming school year.
        (5) State and school city averages for each of the measures set forth in subdivisions (1) through (2), if available.
SOURCE: IC 20-3-11-32; (01)HB1683.1.2. -->     SECTION 2. IC 20-3-11-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 32. The general school laws of this state and all laws and parts of laws applicable to the general system of common schools in school cities, so far as not inconsistent with the provisions of this chapter and IC 20-3.1, and unless made inapplicable by IC 20-3.1, shall be in full force and effect in a school city to which this chapter applies.
SOURCE: IC 20-3.1-2-20; (01)HB1683.1.3. -->     SECTION 3. 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 academic standards adopted under IC 20-10.1-17 for the ISTEP program.
SOURCE: IC 20-3.1-3-1; (01)HB1683.1.4. -->     SECTION 4. IC 20-3.1-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. The following school city conditions and needs are found to exist on January 1, 1995:
        (1) Education in the school city presents unique challenges.
        (2) Student achievement in the school city on statewide tests consistently has been significantly below:
            (A) the state average; and
            (B) achievement attained in school corporations adjacent to the school city.
        (3) The need for remediation of students in the school city consistently has been significantly higher than:
            (A) the state average; and
            (B) remediation levels in school corporations adjacent to the school city.
        (4) Graduation rates in the school city consistently have been significantly below:
            (A) the state average; and
            (B) graduation rates in school corporations adjacent to the school city.
        (5) Student attendance rates in the school city consistently have been below:
            (A) the state average; and
            (B) student attendance rates in school corporations adjacent to the school city.
        (6) There are individual schools in the school city whose students are achieving. However, overall the degree of student achievement in the school city is unsatisfactory.
        (7) Improving education in the school city requires unique legislative intervention.
        (8) Educator-driven school level control of efforts to improve student achievement in their schools and a program of performance awards in the school city will encourage the development and use of:
            (A) innovative teaching methods;
            (B) improved opportunities for teacher professional development;
            (C) programs achieving greater levels of parental involvement;
            (D) more efficient administrative efforts; and
            (E) improved student achievement.
        (9) Greater accountability among educators in their schools, including:
            (A) evaluations based on student achievement measures and administrative efficiency criteria; and
            (B) annual reports to the public regarding student achievement information and administrative performance measures;
        will encourage the development and use of creative and innovative educational methods and improve student achievement.
        (10) Providing a range of remediation opportunities to students in the school city who fail to meet state achievement standards or who are determined to be at risk of academic failure by the board will enhance the educational opportunities available to students and improve student performance.
        (11) Enhanced intervention for schools whose students fail to meet expected performance levels will improve the educational opportunities and educational achievement in the school city.
        (12) Allowing students to attend neighborhood schools and the development and implementation of a strategic and continuous

improvement and achievement plan by the board under IC 20-10.2 at each school to increase student performance and achievement in the school city are necessary to achieve these legislative objectives and to meet the unique challenges to education and improve student achievement in the school city.

SOURCE: IC 20-3.1-6-1; (01)HB1683.1.5. -->     SECTION 5. 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 and 3 of this chapter 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)HB1683.1.6. -->     SECTION 6. IC 20-3.1-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The board shall use performance objectives to:
        (1) implement the school board's plan;
        (2) evaluate school performance; and
        (3) publish annual reports. and
        (4) determine academic receivership under IC 20-3.1-14.
SOURCE: IC 20-3.1-6-5; (01)HB1683.1.7. -->     SECTION 7. 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 develop a strategic and continuous improvement and achievement plan under IC 20-10.2 and, in so doing, shall measure and record
        (1) the school's achievement in reaching the school's performance objectives 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.
SOURCE: IC 20-3.1-7-1; (01)HB1683.1.8. -->     SECTION 8. IC 20-3.1-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The board shall develop and implement a plan for the improvement of schools and student achievement in the schools within the school city.
    (b) A plan developed and implemented under this chapter must be consistent with this article.
SOURCE: IC 20-3.1-7-2; (01)HB1683.1.9. -->     SECTION 9. 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 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 performance objectives for educators and students in each school within the school city.
        (3) Provide opportunity and support for the educators in each school to develop a the school and strategic and continuous improvement and achievement 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 with general guidelines established by the board.
        (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 performance awards under IC 20-3.1-12 for extraordinary and outstanding performance by educators.
        (7) (6) 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) (7) Require action to raise the level of performance of a school if the school's students fail to achieve expected performance levels or performance objectives established for the school.

SOURCE: IC 20-3.1-8-1; (01)HB1683.1.10. -->     SECTION 10. IC 20-3.1-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The board shall establish annual performance objectives for each school. including the following:
        (1) For students:
            (A) improvement in scores on statewide assessment tests and assessment programs;
            (B) improvement in attendance rates; and
            (C) improvement in progress toward graduation.
        (2) For teachers:
            (A) improvement in student scores on assessment tests and assessment programs;
            (B) improvement in the number and percentage of students achieving state achievement standards and, if applicable,

performance levels set by the board, on assessment tests;
            (C) improvement in student progress toward graduation;
            (D) improvement in student attendance rates for the school year;
            (E) improvement in individual teacher attendance rates;
            (F) improvement in communication with parents and parental involvement in classroom and extracurricular activities; and
            (G) other objectives developed by the board.
        (3) For the school and the school administrators:
            (A) improvement in student scores on assessment tests, aggregated by class and grade;
            (B) improvement in the number and percentage of students achieving state achievement standards and, if applicable, performance levels set by the board, on assessment tests, aggregated by class and grade;
            (C) improvement in student graduation rates and in progress toward graduation;
            (D) improvement in student attendance rates;
            (E) management of general fund expenditures per student and total expenditures per student;
            (F) improvement in teacher attendance rates; and
            (G) other objectives developed by the board.
     (b) The performance objectives established under subsection (a) must be consistent with the state achievement standards and include improvement in at least the following areas:
        (1) Attendance rate.
        (2) The percentage of students that meet academic standards under the ISTEP program (IC 20-10.1-16).
        (3) For a secondary school, graduation rate.

SOURCE: IC 20-3.1-9-2; (01)HB1683.1.11. -->     SECTION 11. IC 20-3.1-9-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Educators in each school are responsible for improving student achievement in the school and may shall develop the educators' own school a strategic and continuous improvement and achievement plan under IC 20-10.2 to achieve improvement that:
        (1) conforms to the guidelines issued by the board; and
        (2) has a cost that does not exceed the amount allocated to the school under section 5 of this chapter.
    (b) The plan described in subsection (a) must be developed by a committee under the procedure set forth in IC 20-10.2.
    (c)
Educators may use traditional or innovative techniques that the educators believe will best maintain a secure and supportive

educational environment and improve student achievement.

SOURCE: IC 20-3.1-9-3; (01)HB1683.1.12. -->     SECTION 12. IC 20-3.1-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. In addition to the requirements of the plan set forth in IC 20-10.2, each school's plan must include the development and maintenance of efforts to increase parental involvement in educational activities.
SOURCE: IC 20-3.1-9-4; (01)HB1683.1.13. -->     SECTION 13. IC 20-3.1-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. School plans developed under this chapter shall promote:
        (1) increased options for; and
        (2) innovative and successful approaches to;
improving student achievement.
SOURCE: IC 20-3.1-9-6; (01)HB1683.1.14. -->     SECTION 14. IC 20-3.1-9-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) Each school's educators may The plan developed under this chapter must address:
        (1) determine the educational resources, goods, and services that are necessary and appropriate for improving student performance in the school; and
        (2) obtain the acquisition or purchase of the educational resources, goods, and services.
    (b) Purchases and acquisitions under this section are subject to:
        (1) the general guidelines developed by the board; and
        (2) the school's budget.
SOURCE: IC 20-3.1-11-1; (01)HB1683.1.15. -->     SECTION 15. IC 20-3.1-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. IC 20-6.1-9 does not apply applies to a school city.
SOURCE: IC 20-3.1-12.1; (01)HB1683.1.16. -->     SECTION 16. IC 20-3.1-12.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 12.1. Student Educational Achievement Grants for a School City
    Sec. 1. A school city is entitled to participate in the student educational achievement grant program under IC 20-10.2-4.

SOURCE: IC 20-3.1-13-2; (01)HB1683.1.17. -->     SECTION 17. IC 20-3.1-13-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The board may:
        (1) request and receive competitive proposals from:
            (A) a school of the school city; or
            (B) another public educational institution; or
            (C) a group of educators from the school city;
        to provide summer remediation services under guidelines and specified performance standards established by the state board; and
        (2) contract with one (1) or more providers listed in subdivision (1) to provide summer remediation services to students in the school city.
SOURCE: IC 20-3.1-13-4; (01)HB1683.1.18. -->     SECTION 18. IC 20-3.1-13-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) Summer remediation services provided by contractors under section 2 of this chapter shall be at no tuition cost to the student.
    (b) Upon the request of the parent of a student described in section 1 of this chapter, the school city shall provide the parent with a summer remediation subsidy in an amount equal to fifty percent (50%) of the lowest per student cost of summer remediation services provided by a contractor under section 2 of this chapter.
    (c) A parent to whom a summer remediation subsidy is provided may use the subsidy to purchase summer remediation services from a provider located within Marion County. The parent may choose to use the remediation subsidy at an accredited public school. If the amount of tuition for the remediation services is greater than the amount of the remediation subsidy provided to the parent, the parent is responsible for the additional amount.
    (d) The allocated remediation subsidy is payable to a provider of remediation services upon the provider's enrollment of the student in the remediation program.
    (e) Payment of a remediation subsidy fulfills the obligation under this chapter of the school city to provide remediation services to a student.
    (f) If a student who has received a remediation subsidy does not complete a remediation program, the provider of remediation services shall make a refund of the remediation subsidy on a pro rata basis to the school city.
SOURCE: IC 20-3.1-14.1; (01)HB1683.1.19. -->     SECTION 19. IC 20-3.1-14.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 14.1. Assessing Improvement; Accountability Measures
    Sec. 1. For purposes of assessing a school's improvement, IC 20-10.2-5 applies to the school city.
    Sec. 2. For purposes of accountability of a school, the consequences under IC 20-10.2-6 apply to a school within the school city.

SOURCE: IC 20-3.1-15-1; (01)HB1683.1.20. -->     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.
        (4) (1) 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) (2) 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) (3) A school city may 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 20-3.1-2-10; IC 20-3.1-2-15; IC 20-3.1-2-25; IC 20- 3.1-6-4; IC 20-3.1-7-3; IC 20-3.1-11-2; IC 20-3.1-11-3; IC 20-3.1-11- 4; IC 20-3.1-11-5; IC 20-3.1-11-6; IC 20-3.1-12; IC 20-3.1-14.
; (01)HB1683.1.21. -->     SECTION 21. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2001]: IC 20-3.1-2-10 ; IC 20-3.1-2-15; IC 20-3.1-2-25 ; IC 20-3.1-6-4 ; IC 20-3.1-7-3 ; IC 20-3.1-11-2 ; IC 20-3.1-11-3 ; IC 20-3.1-11-4 ; IC 20-3.1-11-5 ; IC 20-3.1-11-6 ; IC 20-3.1-12 ; IC 20-3.1-14.
SOURCE: ; (01)HB1683.1.22. -->     SECTION 22. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding any other law, the subjects included in the written agreement existing on August 31, 1994, between the board of school commissioners of the city of Indianapolis and the exclusive representative (Agreement between the Board of School Commissioners of the City of Indianapolis and the Indianapolis Education Association, 1991-1994) are restored as subjects of bargaining beginning on the earlier of the following:
        (1) The effective date of this act.
        (2) July 1, 2001.
    (b) This SECTION expires July 1, 2001.

SOURCE: ; (01)HB1683.1.23. -->     SECTION 23. [EFFECTIVE UPON PASSAGE] (a) After the effective date of this act and before the implementation of the plan for the continuous school improvement and achievement established under IC 20-3.1-9 , as amended by this act, a school employer that is subject to IC 20-3.1, as amended by this act:
        (1) may not cancel the contract of a school employee for any reason other than a reason set forth in IC 20-6.1-4-10 or IC 20-6.1-4-10.5 ; and
        (2) is subject to IC 20-6.1-4-11 when canceling the contract of a school employee.
    (b) This SECTION expires July 1, 2004.

SOURCE: ; (01)HB1683.1.24. -->     SECTION 24. An emergency is declared for this act.