HB 1469-1_ Filed 04/09/2001, 14:24

SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1469 be amended to read as follows:

SOURCE: Page 1, line 1; (01)MO146902.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 20-1-21-9; (01)MO146902.1. -->     "SECTION 1. IC 20-1-21-9 , AS AMENDED BY P.L.221-1999, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. The report must include the following benchmarks or indicators of performance:
        (1) Graduation rate, as determined under:
            (A) IC 20-8.1-14 , beginning with the class of students who expect to graduate during the 2005-2006 school year; or
            (B) 511 IAC 6.1-1-2, for classes of students who expect to graduate before the 2005-2006 school year.

        (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; and
                (ii) 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).
SOURCE: IC 20-3.1-2-11; (01)MO146902.2. -->     SECTION 2. IC 20-3.1-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. "Graduation rate" means the graduation rate for a high school:
        (1) determined by the method described in:
             (A) beginning with the class of students who expect to graduate during the 2005-2006 school year, IC 20-8.1-14 ; or
            (B) for classes of students who expect to graduate before the 2005-2006 school year,
511 IAC 6.1-1-2; and
        (2) calculated by the department.
SOURCE: IC 20-5-62-7; (01)MO146902.3. -->     SECTION 3. IC 20-5-62-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. The minimum educational benefits that a freeway school corporation or a freeway school must produce under this chapter are the following:
        (1) An average attendance rate that increases:
            (A) not less than two percent (2%) each school year until the average attendance rate is eighty-five percent (85%); and
            (B) one percent (1%) each school year until the average attendance rate is ninety percent (90%).
        (2) A successful completion rate of the assessment program by meeting essential standards under the ISTEP program (IC 20-10.1-16) or a locally adopted assessment program established under section 6(7) of this chapter that increases:
            (A) not less than two percent (2%) each school year until the successful completion rate is not less than eighty-five percent (85%); and
            (B) one percent (1%) each school year until the successful completion rate is not less than ninety percent (90%);
        of the students in the designated grade levels under the ISTEP assessment program (IC 20-10.1-16) or the locally adopted assessment program that are grades contained in the freeway school corporation or freeway school.
        (3) Beginning with the class of students who expect to graduate four (4) years after a freeway school corporation or a freeway school that is a high school obtains freeway status, a graduation rate as determined under IC 20-8.1-14 , beginning with the class of students who expect to graduate during the 2005-2006 school year, or 511 IAC 6.1-1-2(j), for classes of students who expect to graduate before the 2005-2006 school year, that increases:
            (A) not less than two percent (2%) each school year until the graduation rate is not less than eighty-five percent (85%); and
            (B) one percent (1%) each school year until the graduation rate is ninety percent (90%).
After a freeway school corporation or a freeway school has achieved the minimum rates required under subdivisions (1) through (3), the freeway school corporation or freeway school must either maintain the minimum required rates or show continued improvement of those rates.
SOURCE: IC 20-8.1-14; (01)MO146902.4. -->     SECTION 4. IC 20-8.1-14 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 14. Graduation Rate Determination
    Sec. 1. This chapter applies to:
        (1) a public high school; and
        (2) an accredited nonpublic high school.
    Sec. 2. As used in this chapter, "cohort" refers to a class of students within a high school who have the same expected graduation year.
    Sec. 3. As used in this chapter, "dropout" refers to a student:
        (1) who has withdrawn from school under IC 20-8.1-3-17 (b)(2); or
        (2) for whom no record of:
            (A) a transfer to another public or nonpublic school;
            (B) removal by the student's parents to provide instruction equivalent to that given in the public schools under IC 20-8.1-3-34 ;
            (C) a withdrawal because of a long term medical condition or death;
            (D) detention by a law enforcement agency or the department of correction;
            (E) placement by a court order or the division of family and children; or
            (F) enrollment in a virtual school;
        can be found.
    Sec. 4. As used in this chapter, "enrollment" means the total number of students within a grade that is reported to the department annually on:

         (1) October 1; or
        (2) a date specified by the department.
    Sec. 5. As used in this chapter, "expected graduation year" means the reporting year beginning three (3) years after the reporting year in which a student is first considered by a school corporation to have entered grade 9.
    Sec. 6. (a) As used in this chapter, "graduation" means the successful completion by a student of:
        (1) a sufficient number of academic credits, or the equivalent of academic credits; and
        (2) the graduation examination or waiver process required under IC 20-10.1-16 ;
resulting in the awarding of a high school diploma or an academic honors diploma.
    (b) The term does not include the granting of a general education diploma under IC 20-10.1-12.1.
    Sec. 7. As used in this chapter, "graduation rate" means the percentage of students within a cohort who graduate during their expected graduation year.
    Sec. 8. As used in this chapter, "reporting year" refers to the period beginning October 1 of a year and ending September 30 of the following year.
    Sec. 9. As used in this chapter, "retention" refers to the reclassification by a school corporation of a student that places the student into a cohort that has an expected graduation year after the expected graduation year of the student's initial cohort.
    Sec. 10. Beginning with the class of students who expect to graduate in the 2005-2006 school year, the department shall determine the graduation rate of high school students under this chapter.
    Sec. 11. The graduation rate for a cohort in a high school is the percentage determined under STEP SEVEN of the following formula:
        STEP ONE: Determine the grade 9 enrollment at the

beginning of the reporting year three (3) years before the reporting year for which the graduation rate is being determined.
        STEP TWO: Add:
            (A) the number determined under STEP ONE; and
            (B) the number of students who:
                (i) have enrolled in the high school after the date on which the number determined under STEP ONE was determined; and
                (ii) have the same expected graduation year as the cohort.
        STEP THREE: Add:
            (A) the sum determined under STEP TWO; and
            (B) the number of retained students from earlier cohorts who became members of the cohort for whom the graduation rate is being determined.
        STEP FOUR: Add:
            (A) the sum determined under STEP THREE; and
            (B) the number of students who:
                (i) began the reporting year in a cohort that expects to graduate during a future reporting year; and
                (ii) graduate during the current reporting year.
        STEP FIVE: Subtract from the sum determined under STEP FOUR the number of students who have left the cohort for any of the following reasons:
            (A) Transfer to another public or nonpublic school.
            (B) Removal by the student's parents to provide instruction equivalent to that given in the public schools under IC 20-8.1-3-34.
            (C) Withdrawal because of a long term medical condition or death.
            (D) Detention by a law enforcement agency or the department of correction.
            (E) Placement by a court order or the division of family and children.
            (F) Enrollment in a virtual school.

             (G) Graduation before the beginning of the reporting year.
        STEP SIX: Determine the total number of students who have graduated during the current reporting year.
        STEP SEVEN: Divide:
            (A) the number determined under STEP SIX; by
            (B) the remainder determined under STEP FIVE.
    Sec. 12. The graduation rate for a cohort in a school corporation is the percentage determined under STEP THREE of the following formula:
        STEP ONE: Add the sums determined under STEP FOUR of section 11 of this chapter for each public high school within the school corporation.


        STEP TWO: Add the totals determined under STEP FIVE of section 11 of this chapter for each public high school within the school corporation.
        STEP THREE: Divide:
            (A) the sum determined under STEP TWO; by
            (B) the sum determined under STEP ONE.
    Sec. 13. (a) A school corporation must make and maintain records that:
        (1) identify each student within a cohort by an individualized identification number established by the department; and
        (2) indicate:
            (A) whether the student graduated with the student's cohort; or
            (B) if the student did not graduate, whether the student:
                (i) left the cohort for a reason set forth in section 3(2) of this chapter; or
                (ii) was a dropout.
    (b) For each student identified under subsection (a)(2)(B), the school corporation must maintain records that support the reason provided for the student's failure to graduate with the student's cohort. If a school corporation cannot provide a record for a student, the student is considered to be a dropout.
    (c) A school corporation shall submit an annual report to the department of:

         (1) the figures used to determine each STEP of the formulas set forth in sections 11 and 12 of this chapter, including the number of students in each category set forth in section 3(2) of this chapter; and
        (2) the number of individuals who:
            (A) received a general educational development (GED) diploma under IC 20-10.1-12.1 ; or
            (B) completed an adult secondary education program.
    Sec. 14. (a) The department shall annually audit at least ten percent (10%) of school corporations submitting reports under section 13 of this chapter to determine the accuracy of:
        (1) the information submitted in the report; and
        (2) the records maintained to support the information submitted in the report.
    (b) In determining school corporations to audit, the department shall select:
        (1) fifty percent (50%) of the total number of schools to be audited based upon the results of the ranking performed under subsection (e); and
        (2) fifty percent (50%) of the total number of schools to be audited randomly.
A school corporation included in subdivision (1) may not be included in subdivision (2).
    (c) The department shall determine the estimated growth rate

for a school corporation by dividing the school corporation's grade 1 through grade 12 enrollment for the current reporting year by the school corporation's grade 1 through grade 12 enrollment for the reporting year three (3) years before the current reporting year.
    (d) The estimated graduation rate for a school corporation is the percentage determined under STEP THREE of the following formula:
        STEP ONE: Determine the number of students in the school corporation who graduated during the reporting year.
        STEP TWO: Divide:
            (A) the number determined under STEP ONE; by
            (B) the number of students in the school corporation who were grade 9 students at the beginning of the reporting year three (3) years before the reporting year for which the graduation rate is being determined.
        STEP THREE: Divide:
            (A) the quotient determined under STEP TWO; by
            (B) the quotient determined under subsection (c).
    (e) The department shall determine which school corporations to audit under subsection (b)(1) as follows:
        (1) For each school corporation, determine the difference between the graduation rate calculated under section 12 of this chapter and the estimated graduation rate calculated under subsection (d).
        (2) Rank the school corporations by the difference determined under subdivision (1) from the greatest difference to the least difference.
        (3) Select the school corporations to audit:
            (A) that have the highest ranking under subdivision (1); and
            (B) in a number equal to fifty percent (50%) of the total number of schools audited.
    (f) If the department determines as the result of an audit under this section that the figures reported by a school corporation under section 13 of this chapter were inaccurate, the department shall recalculate the school corporation's graduation rate using the figures determined to be correct in the audit.
    Sec. 15. Beginning with the class of students who expect to graduate during the 2005-2006 school year, the department shall annually publish the following:
        (1) For each school corporation:
            (A) the graduation rate determined under section 12 of this chapter;
            (B) the estimated graduation rate determined under section 14(d) of this chapter;
            (C) the figures supported by the school corporation's records for each category under section 13(b) of this

chapter; and
            (D) the number of individuals reported under section 13(c)(2) of this chapter by the school corporation.
        (2) For the state as a whole:
            (A) a list identifying the school corporations audited under section 14 of this chapter, including whether the audit was conducted because of random selection or the school corporation's ranking under section 14(e) of this chapter; and
            (B) the outcome of the audit, including any changes to the graduation rate made as a result of the audit.
    Sec. 16. The department shall adopt rules under IC 4-22-2 to implement this chapter.
".

SOURCE: Page 3, line 9; (01)MO146902.3. -->     Page 3, after line 9, begin a new paragraph and insert:
SOURCE: IC 20-10.2-2-6.5; (01)MO146902.6. -->     "SECTION 6. IC 20-10.2-2-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6.5. "Graduation rate" means the graduation rate for a high school:
        (1) determined by the method described in:
            (A) IC 20-8.1-14 , beginning with the class of students who expect to graduate during the 2005-2006 school year; and
            (B) 511 IAC 6.1-1-2, for classes of students who expect to graduate before the 2005-2006 school year; and
        (2) calculated by the department.

SOURCE: ; (01)MO146902.7. -->     SECTION 7. [EFFECTIVE JANUARY 1, 2006] 511 IAC 6.1-1-2(g), 511 IAC 6.1-1-2(h), and 511 IAC 6.1-1-2(j) are void. The publisher of the Indiana Administrative Code and the Indiana Register shall remove these subsections from the Indiana Administrative Code.
SOURCE: ; (01)MO146902.8. -->     SECTION 8. [EFFECTIVE JULY 1, 2001] (a) As used in this SECTION, "department" refers to the department of education.
    (b) For the class of students who expect to graduate during the 2005-2006 school year, the department shall do the following:
        (1) Determine the graduation rate for each school corporation under IC 20-8.1-14 , as added by this act, and under 511 IAC 6.1-1-2.
        (2) Publish the results of the determinations under each method in the annual report required under IC 20-8.1-14-15 ,
as added by this act.
    (c) This SECTION expires December 31, 2006.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1469 as printed March 23, 2001.)

________________________________________

Senator JOHNSON


MO146902/DI 71     2001