MR. PRESIDENT:
The Senate Committee on Education, to which was referred House Bill No. 2102, has had the same
under consideration and begs leave to report the same back to the Senate with the recommendation that
said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana code concerning
education and to make an appropriation.
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, continue to apply to that teacher.
Sec. 9. (a) The governing body:
(1) must grant a transfer of not more than five (5) years; and
(2) may grant a transfer for a period of time in addition to the
period required under 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 charter school
sponsored by the governing body within the school corporation.
(b) During the term of a 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. (a) Not more than thirty (30) days before an organizer
begins charter school operations, the department shall make a loan
from the common school fund to the organizer in an amount equal
to the operating costs of the charter school for the initial six (6)
months of the school year in which the charter school will begin
operations, as determined by the budget and financial plans
submitted to the sponsor. The amount distributed under this
subsection shall be:
(1) treated as the working capital of the organizer; and
(2) repaid to the department in equal installments, without
interest, beginning six (6) months after the charter school
begins operations and ending:
(A) three (3) years after the charter is granted;
(B) on the date set by the department; or
(C) when the charter is revoked;
whichever is the latest.
An installment payment to the department may be deducted from
distributions made by the department to the charter school under
subsection (d).
(b) Not later than seven (7) days before the date established by
the department for reporting student data to the department, the
organizer shall submit to a governing body relevant information
concerning students enrolled in the charter school who have legal
settlement in the governing body's school corporation. The
governing body shall:
(1) submit the information received under this subsection to
the department; and
(2) indicate whether the charter school is entitled to receive
additional funding under subsection (d) for any students
enrolled in the charter school.
(c) This subsection does not apply to revenues and distributions
that, under a law or an agreement with the entity providing
funding, must be deposited in any of the following funds:
(1) Capital projects fund.
(2) Debt service fund.
A governing body shall distribute to a charter school a distributive
share of tax revenues received by the sponsor for noncapital
expenditures. The schedule under which distributions are made
under this subsection shall be established in the charter.
(d) For money received by a governing body on the basis of a
formula that uses a student count, including but not limited to:
(1) average daily attendance;
(2) average daily membership;
(3) average daily membership as adjusted by an at-risk index
or other factors;
(4) additional pupil count;
(5) eligible pupils;
(6) number of special education preschool children; or
(7) any other state funding that a student may be qualified to
receive;
the department shall determine the distributive share of a charter
school by calculating the amount of funding that would be
available under the formula if the student count of the charter
school rather than the total student count of the school
corporations in which the students have legal settlement were used.
(e) This subsection does not apply to money received by a
governing body to facilitate the governing body's compliance with
a desegregation order issued by a court. For money:
(1) that is received by a governing body for participation in a
program or delivery of services; and
(2) that is not reimbursed on the basis of a student count;
the department shall reimburse the charter school for programs or
services provided using the program or service reimbursement rate
applicable to the program or services.
(f) The organizer shall provide a governing body with the
necessary information for the governing body to report to the
department to make distributions under this section. The
department may adopt guidelines for the implementation of this
section in order to assure equivalent funding for students of
charter schools and school corporations. If a charter school is
organized after the date set for the determination of a student
count used to make a distribution, the student count of the charter
school shall be determined under guidelines established by the
department.
Sec. 3. (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. However, when a student who attends a charter school
resides along the regular route of a school bus, the governing body
shall provide transportation for the student on the school bus:
(1) from the student's home or some point on the regular
route nearest or most easily accessible to the student's home;
and
(2) to and from the charter school, or to and from the point on
the regular route that is nearest or most easily accessible to
the charter school.
(b) This subsection applies to a sponsor that is a state
educational institution described in
IC 20-5.5-1-15
(2). A state
educational institution shall 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 organizer receives under section 2 of this chapter.
Sec. 4. An organizer may apply for and accept for a charter
school:
(1) independent financial grants; or
designate:
(1) the grade average required for each kind of license; and
(2) the kinds of license to which the teachers' minimum salary
laws apply, including nonrenewable one (1) year limited licenses.
(b) The board shall determine details of licensing not provided in
this chapter. These details may include requirements regarding:
(1) the conversion of one kind of license into another;
(2) the accreditation of teacher training schools and departments;
(3) the exchange and renewal of licenses;
(4) the endorsement of another state's license;
(5) the acceptance of credentials from teacher training institutions
of another state;
(6) the academic and professional preparation for each kind of
license;
(7) the granting of permission to teach a high school subject area
related to the subject area for which the teacher holds a license;
(8) the issuance of licenses on credentials;
(9) the kind of license for each school position;
(10) the size of an elementary school requiring a licensed
principal; and
(11) the transition to teaching program established by section
11 of this chapter; and
(12) other related matters.
However, the board shall, not later than December 31, 1984, establish
at least one (1) system for renewing a teaching license that does not
require a graduate degree.
(c) The board shall periodically publish bulletins regarding:
(1) the details described in subsection (b);
(2) information on the kinds of licenses issued;
(3) the rules governing the issuance of each kind of license; and
(4) other similar matters.
subdivision.
(g) This subsection applies to a program participant who has a
degree described in subsection (e) that does not include all the
content areas of a standard license issued by the board. The board
shall issue an initial standard license that is restricted to only the
content areas in which the program participant has a degree unless
the program participant demonstrates sufficient knowledge in
other content areas of the license.
(h) A school corporation may hire a program participant to
teach only in the subject area in which the participant meets the
qualifications set forth under subsection (e).
(i) After receiving an initial standard license under subsections
(f) or (g) a program participant who seeks to renew the
participant's initial standard license must meet the same
requirements as other candidates for license renewal.
(j) The board may adopt rules under
IC 4-22-2
to administer
this section. Rules adopted under this subsection must include a
requirement that accredited teacher training schools and
departments submit an annual report to the board of the number
of individuals who:
(1) enroll in; and
(2) complete;
the program.".
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 in carrying out its responsibilities under IC 20-5.5, as added by
this act, and to provide advisory assistance to school corporations
and charter schools for programs under IC 20-5.5, as added by this
act.
(b) This SECTION expires June 30, 2003.".
Renumber all SECTIONS consecutively.
(Reference is to HB 2102 as printed February 15, 2001.)
and when so amended that said bill do pass .
Committee Vote: Yeas 6, Nays 5.