Citations Affected: IC 20-1; IC 20-10.1; IC 20-10.2; noncode.
Effective: Upon passage; July 1, 2003.
January 7, 2003, read first time and referred to Committee on Education and Career
Development.
January 16, 2003, reported favorably _ Do Pass.
January 21, 2003, read second time, ordered engrossed.
January 22, 2003, engrossed.
January 23, 2003, read third time, passed. Yeas 49, nays 0.
subject area; and (2) maintain a passing grade rather than a "C" average. Provides that a veteran of the Korean Conflict or the Vietnam Conflict who left a public or nonpublic high school without graduating in order to perform military service may receive a high school diploma. Provides that a school may not be placed in a performance category or be sanctioned for poor performance until the school has received adequate funding to fully carry out the school's improvement and achievement plan for at least three consecutive years. (The introduced version of this bill was prepared for the interim study committee on education issues.)
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
SECTION 1. IC 20-1-21-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) Not earlier than
September 1 January 15 or later than September 15 January 31 of
each year, the governing body of a school corporation shall publish an
annual performance report of the school corporation, in compliance
with the procedures identified in section 8 of this chapter. The report
must be published one (1) time annually under IC 5-3-1.
(b) The department shall make each school corporation's annual
performance report available on the department's Internet web
site. The governing body of a school corporation may make the
school corporation's annual performance report available on the
school corporation's Internet web site.
(c) The governing body of a school corporation shall provide a
copy of the annual performance report to any person who requests
a copy. The governing body may not charge a fee for providing the
copy.
SECTION 2. IC 20-1-21-7, AS AMENDED BY P.L.221-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. A report must contain the following:
(1) The benchmarks and indicators of performance information
listed in section 9 of this chapter for each of the preceding three
(3) years.
(2) Additional components determined under section 8(4) of this
chapter.
(3) A comparison of the benchmarks described in section 9(1)
through 9(3) of this chapter to performance based accreditation
goals developed under IC 20-1-1.2.
(4) (3) Additional information or explanation that the governing
body wishes to include, including the following:
(A) Results of assessments of students under programs other
than the ISTEP program that a school corporation uses to
determine if students are meeting or exceeding academic
standards in grades that are not tested under the ISTEP
program.
(B) The number and types of staff professional
development programs.
(C) The number and types of partnerships with the
community, business, or higher education.
(D) Levels of parental participation.
SECTION 3. IC 20-1-21-8, AS AMENDED BY P.L.221-1999,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 8. The state superintendent and the Indiana state
board of education, in consultation with school corporations,
educational organizations, appropriate state agencies, and other
organizations and individuals having an interest in education, shall
develop and periodically revise the following for the benchmarks and
indicators of performance under section 9 of this chapter and the
additional components of the performance report:
(1) Reporting procedures, including the following:
(A) A determination of the information that a school
corporation must compile and the information that the
department must compile.
(B) A determination of the information required on a school by
school basis and the information required on a school
corporation basis.
(C) A common format suitable for publication, including
tables, graphics, and explanatory text.
(2) Operational definitions.
(3) Standards for implementation.
number of students expelled, including the number
participating in other recognized education programs during
their expulsion.
(18) Other indicators of performance as recommended by the
education roundtable (IC 20-1-20.5-3).
SECTION 5. IC 20-10.1-30-3, AS ADDED BY P.L.127-2002,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. As used in this chapter, "eligible veteran" refers
to an individual who has the following qualifications:
(1) Served as a member of the armed forces of the United States
at any time during at least one (1) of the following periods:
(A) Beginning April 6, 1917, and ending November 11, 1918
(World War I).
(B) Beginning December 7, 1941, and ending December 31,
1946 (World War II).
(C) Beginning June 27, 1950, and ending January 31, 1955
(Korean Conflict).
(D) Beginning August 5, 1964, and ending May 7, 1975
(Vietnam Conflict).
(2) Before the military service described in subdivision (1):
(A) attended public or nonpublic high school in Indiana; and
(B) was a student in good standing at the high school
described in clause (A), to the satisfaction of the department
of veterans' affairs.
(3) Did not graduate or receive a diploma because of leaving the
high school described in subdivision (2) for the military service
described in subdivision (1).
(4) Was honorably discharged from the armed forces of the
United States.
SECTION 6. IC 20-10.1-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) A school year is
the period of time beginning after June 30 of each year and ending
before July 1 of the following year, except when a different period is
specified for a particular purpose.
(b) A student instructional day in grades 1 through 6 consists of a
minimum of five (5) hours of instructional time. A student instructional
day in grades 7 through 12 consists of a minimum of six (6) hours of
instructional time. For purposes of this section, instructional time is
time in which students are participating in an approved course,
curriculum, or educationally related activity under the direction of a
teacher, including a reasonable amount of passing time between
classes. However, instructional time does not include lunch or recess.
by five (5).
STEP FIVE: Multiply the quotient determined under STEP FOUR
by the number determined under STEP THREE.
STEP SIX: Subtract the number determined under STEP THREE
from the remainder determined under STEP TWO.
STEP SEVEN: Divide the remainder determined under STEP
ONE by one hundred seventy-five (175).
STEP EIGHT: Multiply the quotient determined under STEP
SEVEN by the remainder determined under STEP SIX.
STEP NINE: Add the product determined under STEP FIVE to
the product determined under STEP EIGHT.
(e) The department may grant a waiver of the penalty imposed under
subsection (d) for a particular number of cancelled canceled student
instructional days if:
(1) the school corporation applies to the department for a waiver
of the penalty imposed under subsection (d) for a specific number
of cancelled canceled student instructional days; and
(2) each of the particular number of student instructional days
requested to be waived under this subsection was cancelled
canceled due to extraordinary circumstances.
(f) The department shall develop guidelines for school corporations
to apply for a waiver under subsection (e).
SECTION 7. IC 20-10.1-2-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 1.1. (a) This section applies to a
public school that exceeds the student instructional day
requirement set forth in section 1(c) of this chapter in a manner so
that each instructional day is comprised of at least:
(1) five (5) hours and eighteen (18) minutes for grades 1
through 6; or
(2) six (6) hours and twenty-one (21) minutes for grades 7
through 12.
(b) A school described in subsection (a) may use the equivalent
of up to five (5) of the school instructional days in a school year,
including full days, to conduct one (1) or more of the following
instead of student instruction:
(1) Activities associated with the strategic and continuous
school improvement and achievement plan under
IC 20-10.2-3.
(2) Professional development activities required under
IC 20-1-1-6.5.
(3) Parental involvement initiatives.
(4) Community partnership activities.
(5) Standards, curriculum, instruction, and assessment
alignment.
(6) Any other activity associated with the implementation of
IC 20-1-1-6.3, IC 20-1-1-6.5, or IC 20-10.2.
(c) This section expires June 30, 2005.
SECTION 8. IC 20-10.1-16-13, AS AMENDED BY P.L.193-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) Beginning with the class of students
who expect to graduate during the 1999-2000 school year, Each student
is required to meet:
(1) the academic standards tested in the graduation examination;
and
(2) any additional requirements established by the governing
body;
to be eligible to graduate.
(b) A student who does not meet the academic standards tested in
the graduation examination shall be given the opportunity to be tested
during each semester of each grade following the grade in which the
student is initially tested until the student achieves a passing score.
(c) A student who does not achieve a passing score on the
graduation examination may be eligible to graduate if all of the
following occur:
(1) The principal of the school the student attends certifies that
the student will within one (1) month of the student's scheduled
graduation date successfully complete all components of the Core
40 curriculum as established by the board under IC 20-10.1-5.7-1.
(2) The student otherwise satisfies all state and local graduation
requirements.
(d) A student who does not achieve a passing score on the
graduation examination and who does not meet the requirements of
subsection (c) may be eligible to graduate if the student does all of the
following:
(1) Takes the graduation examination in each subject area in
which the student did not achieve a passing score at least one (1)
time every school year after the school year in which the student
first takes the graduation examination.
(2) Completes remediation opportunities provided to the student
by the student's school.
(3) Maintains a school attendance rate of at least ninety-five
percent (95%) with excused absences not counting against the
student's attendance.
courses comprising the credits specifically required for
graduation by rule of the board. a passing grade as defined
by the governing body of the school corporation where the
student is enrolled.
(E) Otherwise satisfies all state and local graduation
requirements.
SECTION 9. IC 20-10.2-5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 5. Notwithstanding section 4 of this chapter or
IC 20-10.2-6:
(1) a school may not be placed in any category or designation;
and
(2) any consequences set forth in IC 20-10.2-6 may not be
carried out;
until the school has received adequate funding to fully carry out
the school's strategic and continuous school improvement and
achievement plan developed under IC 20-10.2-3 for at least three
(3) consecutive years.
SECTION 10. [EFFECTIVE JULY 1, 2003] (a) Notwithstanding
IC 20-1-21-4, as amended by this act, the governing body of a
school corporation is not required to publish an annual
performance report of the school corporation in calendar year
2003. However, the annual performance report of a school
corporation that is published in January 2004 must include the
information that would have been included in the annual
performance report published in 2003 if IC 20-1-21-4 had not been
amended by this act.
(b) This SECTION expires February 1, 2004.
SECTION 11. An emergency is declared for this act.