March 18, 2005





ENGROSSED

HOUSE BILL No. 1794

_____


DIGEST OF HB 1794 (Updated March 16, 2005 3:27 pm - DI 71)



Citations Affected: IC 20-8.1; IC 20-26.

Synopsis: Graduation rate determination. Includes certain additional groups of students in the determination of a school's graduation rate. Establishes certain procedures concerning a student who has left school and whose location is unknown to the school. Makes technical corrections to conform with the Title 20 recodification.

Effective: July 1, 2005.





Behning , Porter
(SENATE SPONSOR _ LUBBERS)




    January 19, 2005, read first time and referred to Committee on Education.
    February 1, 2005, reported _ Do Pass.
    February 7, 2005, read second time, ordered engrossed. Engrossed.
    February 8, 2005, read third time, passed. Yeas 91, nays 0.

SENATE ACTION

    February 14, 2005, read first time and referred to Committee on Education and Career Development.
    March 17, 2005, amended, reported favorably _ Do Pass.






March 18, 2005

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1794



    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 20-8.1-15-10; (05)EH1794.1.1. -->     SECTION 1. IC 20-8.1-15-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. 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 under IC 20-8.1-3-34 to provide instruction equivalent to that given in the public schools.
            (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.
            (H) Students who have left school and whose location cannot be determined. attended school in Indiana for less than one (1) school year and who cannot be located.
            (I) Students who cannot be located and have been reported to the Indiana clearinghouse for information on missing children.
            (J) High ability students (as defined in IC 20-10.1-5.1-2) who have withdrawn from school before graduation and are full-time students in an accredited institution of higher education during the semester in which the cohort graduates.

        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.

SOURCE: IC 20-8.1-15-11; (05)EH1794.1.2. -->     SECTION 2. IC 20-8.1-15-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) If a student has left the

school, the student is not included in clauses (A) through (J) of STEP FIVE of the formula established in section 10 of this chapter. If the location of the student is unknown to the school, the principal shall send a certified letter to the last known address of the student, inquiring about the student's whereabouts and status. If the student is not located after the certified letter is delivered or if no response is received, the principal may submit the student's information, including last known address, parent or guardian name, student testing number, and other pertinent data to the state attendance officer. The state attendance officer, using all available state data and any other means available, shall attempt to locate the student and report the student's location and school enrollment status to the principal so that the principal can appropriately send student records to the new school or otherwise document the student's status.
     (b) If a school corporation cannot provide written proof that a student should be included in clauses (A) through (J) of STEP FIVE of section 10 of this chapter, the student is considered a dropout.

SOURCE: IC 20-8.1-15-12; (05)EH1794.1.3. -->     SECTION 3. IC 20-8.1-15-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. For each high school, the department shall calculate an estimated graduation rate that is determined by the total number of graduates for the reporting year divided by the total number of students enrolled in grade 9 at the school three (3) years before the reporting year. For any school where the difference between the estimated graduation rate and the number determined under STEP SEVEN of section 10 of this chapter is more than five percent (5%), the department shall request the data used in determining that the missing students are classified under one (1) or more of clauses (A) through (J) of STEP FIVE of section 10 of this chapter.
SOURCE: IC 20-8.1-15-13; (05)EH1794.1.4. -->     SECTION 4. IC 20-8.1-15-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. For any school that cannot provide written proof supporting the school's determinations to include a student under clauses (A) through (J) of STEP FIVE of section 10 of this chapter, the department shall require the publication of the corrected graduation rate in the next school year's report required under IC 20-1-21-4.
SOURCE: IC 20-26-13-10; (05)EH1794.1.5. -->     SECTION 5. IC 20-26-13-10, AS ADDED BY HEA 1288-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2005]: Sec. 10. Except as provided in section 11 of this chapter, 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 under IC 20-33-2-28 to provide instruction equivalent to that given in the public schools.
            (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.
            (H) Leaving school, if the student attended school in Indiana for less than one (1) school year and the location of the student cannot be determined.


             (I) Leaving school, if the location of the student cannot be determined and the student has been reported to the Indiana clearinghouse for information on missing children.
            (J) Withdrawing from school before graduation, if the student is a high ability student (as defined in IC 20-36-1-3) who is a full-time student at an accredited institution of higher education during the semester in which the cohort graduates.

        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.
SOURCE: IC 20-26-13-11; (05)EH1794.1.6. -->     SECTION 6. IC 20-26-13-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) A student who has left school is not included in clauses (A) through (J) of STEP FIVE of the formula established in section 10 of this chapter unless the school corporation can provide written proof that the student has left the school for one (1) of the reasons set forth in clauses (A) through (J) of STEP FIVE of section 10 of this chapter. If the location of the student is unknown to the school, the principal of the school shall send a certified letter to the last known address of the student, inquiring about the student's whereabouts and status. If the student is not located after the certified letter is delivered or if no response is received, the principal may submit the student's information, including last known address, parent or guardian name, student testing number, and other pertinent data to the state attendance officer. The state attendance officer, using all available state data and any other means available, shall attempt to locate the student and report the student's location and school enrollment status to the principal so that the principal can appropriately send student records to the new school or otherwise document the student's status.
     (b) If a school corporation cannot provide written proof that a student should be included in clauses (A) through (J) of STEP FIVE of section 10 of this chapter, the student is considered a dropout.
SOURCE: IC 20-26-13-12; (05)EH1794.1.7. -->     SECTION 7. IC 20-26-13-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. For each high school, the department shall calculate an estimated graduation rate that is

determined by the total number of graduates for the reporting year divided by the total number of students enrolled in grade 9 at the school three (3) years before the reporting year. For any school where the difference between the estimated graduation rate and the number determined under STEP SEVEN of section 10 of this chapter is more than five percent (5%), the department shall request the data used in determining that the missing students are classified under one (1) or more of clauses (A) through (J) of STEP FIVE of section 10 of this chapter.

SOURCE: IC 20-26-13-13; (05)EH1794.1.8. -->     SECTION 8. IC 20-26-13-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. For any school that cannot provide written proof supporting the school's determination to include a student under any one (1) of clauses (A) through (J) of STEP FIVE of section 10 of this chapter, the department shall require the publication of the corrected graduation rate in the next school year's report required under IC 20-20-8-3.