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.
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HOUSE ENROLLED ACT No. 2126




     AN ACT to amend the Indiana Code concerning education.

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

    SECTION 1. IC 9-18-31-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. The fees collected under this chapter shall be distributed as follows:
        (1) Through December 31, 2001, Twenty-five percent (25%) to the state superintendent of public instruction to administer the school intervention and career counseling development program and fund under IC 20-10.1-28.
        (2) Through December 31, 2001, Seventy-five percent (75%), and beginning January 1, 2002, one hundred percent (100%), as provided under section 7 of this chapter.
    SECTION 2. IC 20-1-21-9, AS AMENDED BY P.L.221-1999, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 9. Beginning with the report published in 2002, the report must include the following benchmarks or indicators of performance:
        (1) Graduation rate.
        (2) Attendance rate.
        (3) The following test scores, including the number and percentage of students meeting academic standards:
            (A) ISTEP test scores.
            (B) Scores for assessments under IC 20-10.1-16-15, if appropriate.


            (C) For a freeway school, scores on a locally adopted assessment program, if appropriate.
        (4) Actual class size.
        (5) The number and percentage of students in the following groups or programs:
            (A) At risk.
            (B) Vocational education.
            (C) Special education.
            (D) Gifted or talented.
            (E) Remediation and preventive remediation.
        (6) Advanced placement, including the following:
            (A) For advanced placement tests, the number and percentage of students:
                (i) scoring three (3), four (4), and five (5); and
                (ii) participating.
            (B) For the Scholastic Aptitude Test:
                (i) test scores for all students taking the test; and
                (ii) test scores for students completing the academic honors diploma program; and
                 (iii) the number and percentage of students participating.
        (7) Course completion, including the number and percentage of students completing the following programs:
            (A) Academic honors diploma.
            (B) Core 40 curriculum.
            (C) Vocational programs.
        (8) The percentage of graduates who pursue higher education.
        (9) School safety, including the number and percentage of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons.
        (10) Financial information and various school cost factors relevant to performance.
        (11) Technology accessibility and use of technology in instruction.
        (12) Staff professional development, including the type and extent of opportunities available.
        (13) Student mobility rates.
        (14) Number and types of partnerships with the community, business, or higher education.
        (15) Teacher licensing, certification, and preparation, including the number of teachers with national board certification.
        (16) The percentage of grade 3 students reading at or above grade 3 level.
        (17) A comparison of ISTEP scores and the dropout rate.
        (18) Other indicators of performance as recommended by the education roundtable (IC 20-1-20.5-3).
    SECTION 3. IC 20-1-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 22. School Grant Writing and Fund Raising Assistance Program
    Sec. 1. As used in this chapter, "program" refers to the school grant writing and fund raising assistance program.
    Sec. 2. The school grant writing and fund raising assistance program is established to do the following:
        (1) Identify potential sources of funds for educational purposes for which a school corporation or a school may qualify, including federal programs and private sources.
        (2) Disseminate information concerning funds identified under subdivision (1) to school corporations and schools.
        (3) Assist school corporations and schools in applying for funds identified under subdivision (1).
    Sec. 3. The department shall administer the program using funds received under IC 9-18-31-6(2).

    SECTION 4. IC 20-10.1-31 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 31. Elementary School Counselors, Social Workers, and School Psychologists Program and Fund
    Sec. 1. As used in this chapter, "fund" refers to the elementary school counselors, social workers, and school psychologists fund established by section 4 of this chapter.
    Sec. 2. As used in this chapter, "grant" refers to a grant from the fund.
    Sec. 3. As used in this chapter, "program" refers to an elementary school counseling program, a social work program, or a school psychologist program carried out under this chapter:
        (1) for kindergarten through grade 6; and
        (2) by:
            (A) a licensed school counselor;
            (B) a licensed social worker who has obtained at least a master's degree; or
            (C) a licensed school psychologist.
    Sec. 4. (a) The elementary school counselors, social workers, and school psychologists fund is established. The money in the fund

shall be used to assist school corporations in placing school counselors, social workers, and school psychologists in elementary schools through grants awarded as determined by the department under this chapter. If a school corporation is awarded a grant under this chapter, the school corporation must:
        (1) agree to evaluate the impact and results of the school corporation's program; and
        (2) submit the school corporation's findings to the department.
    (b) The department shall administer the fund.
    (c) The fund consists of:
        (1) gifts to the fund;
        (2) appropriations from the general assembly; and
        (3) grants, including grants from private entities.
    Sec. 5. Subject to section 6 of this chapter, for a school corporation to be eligible to receive a grant under this chapter, the following must occur:
        (1) The superintendent of the school corporation must apply to the department for a grant on a form provided by the department.
        (2) The application for a grant must include the following information:
            (A) A detailed description of a proposal for placing school counselors, social workers, or school psychologists in elementary schools to provide services to students and their families.
            (B) Evidence supporting the school corporation's need to implement the program.
            (C) The number of elementary school counselors, social workers, and school psychologists employed by the school corporation.
            (D) The elementary school:
                (i) school counselor/student ratio;
                (ii) social worker/student ratio; and
                (iii) school psychologist/student ratio;
            for the school corporation.
            (E) Any other pertinent information required by the department, including evidence guaranteeing that if the school corporation receives a grant under this chapter, the school corporation will have developed a plan to evaluate the impact and results of the school corporation's program.


    Sec. 6. Upon review of the applications received under section 5 of this chapter, the department may award grants to school corporations subject to available money and in accordance with the following priorities:
        (1) To the extent possible, to achieve geographic balance throughout Indiana and to include urban, suburban, and rural school corporations.
        (2) To address a documented need for new or expanded programs, including consideration of the percentage of students within the school corporation who are designated as at-risk students under IC 21-3-1.8-1.1.
        (3) To lower:
            (A) student/school counselor ratios;
            (B) student/social worker ratios; and
            (C) student/school psychologist ratios;
        where the ratios are excessively high.
    Sec. 7. The department shall determine the amount of each grant that is awarded under this chapter.
    Sec. 8. A grant received by a school corporation may be expended by the school corporation for a twenty-four (24) month period.
    Sec. 9. The department shall develop guidelines necessary to implement this chapter.

    SECTION 5. IC 20-10.1-32 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 32. School Social Workers
    Sec. 1. (a) An individual who after June 30, 2001, obtains a position as a school social worker for a school corporation must:
        (1) hold a master's degree in social work; or
        (2) agree as a condition of employment to obtain a master's degree in social work within five (5) years after the individual begins employment as a school social worker.
    (b) Subsection (a) does not apply to an individual who:
        (1) is a school social worker for a school corporation; and
        (2) obtained the position described in subdivision (1) on or before June 30, 2001.

    SECTION 6. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC 20-1-21-9, the report published under IC 20-1-21 by a school corporation in September 2001 must include the following benchmarks:
         (1) Graduation rate.
        (2) Attendance rate.
        (3) The following test scores, including the number and percentage of students meeting academic standards:
            (A) ISTEP test scores.
            (B) Scores for assessments under IC 20-10.1-16-15, if appropriate.
            (C) For a freeway school, scores on a locally adopted assessment program, if appropriate.
        (4) Actual class size.
        (5) The number and percentage of students in the following groups or programs:
            (A) At risk.
            (B) Vocational education.
            (C) Special education.
            (D) Gifted or talented.
            (E) Remediation and preventive remediation.
        (6) Advanced placement, including the following:
            (A) For advanced placement tests, the number and percentage of students:
                (i) scoring three (3), four (4), and five (5); and
                (ii) participating.
            (B) For the Scholastic Aptitude Test:
                (i) test scores for all students taking the test;
                (ii) test scores for students completing the academic honors diploma program; and
                (iii) the number and percentage of students participating.
        (7) Course completion, including the number and percentage of students completing the following programs:
            (A) Academic honors diploma.
            (B) Core 40 curriculum.
            (C) Vocational programs.
        (8) The percentage of graduates who pursue higher education.
        (9) School safety, including the number and percentage of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons.
        (10) Financial information relevant to performance.
    (b) This SECTION expires July 1, 2002.

    SECTION 7. An emergency is declared for this act.


HEA 2126 _ CC 2

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