SB 324-1_ Filed 01/26/2006, 10:36
The Senate Committee on Education and Career Development, to which was referred
Senate Bill No. 324, 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:
SOURCE: Page 1, line 7; (06)CR032401.1. -->
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SOURCE: IC 20-19-2-20; (06)CR032401.3. -->
"SECTION 3. IC 20-19-2-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 20. (a) The state board shall
analyze annually state, local, and other:
(3) policies; and
(4) related requirements;
that affect school corporations and public schools to identify the
statutes, rules, policies, and related requirements that restrict or
inhibit the ability of school corporations and public schools to
maximize the allocation of resources to, and focus efforts on,
student instruction and learning, or to develop and implement
innovative approaches to improving student achievement.
(b) In conducting the analysis required under subsection (a), the
state board may retain the assistance the state board considers
necessary, including the assistance of the following:
(1) The office of management and budget.
(2) A government efficiency commission that addresses
(c) Following the annual identification of statutes, rules, policies,
and related requirements under subsection (a), the state board may
take one (1) or more of the following actions:
(1) Repeal the rules, policies, or requirements that are within
the authority of the state board. A repeal under this
subdivision may be undertaken:
(A) at any time;
(B) following public comment; and
(C) by emergency rule.
(2) Recommend to the general assembly the repeal of statutes.
The recommendations under this subdivision must be made:
(A) annually not later than September 1; and
(B) to the executive director of the legislative services
agency in an electronic format under IC 5-14-6.
(3) Report to the governor, the general assembly, and the state
superintendent concerning the statutes, rules, policies, and
requirements that are not within the authority of the state
board or general assembly. A report under this subdivision:
(A) may be made at any time; and
(B) when made to the general assembly, must be made to
the executive director of the legislative services agency in
an electronic format under IC 5-14-6.".
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SOURCE: IC 20-26-16; (06)CR032401.6. -->
"SECTION 6. IC 20-26-16 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 16. Deregulated School Corporations
Sec. 1. The governing body of a school corporation may
designate the school corporation as a deregulated school
corporation that is free to focus on improving the academic
achievement of the school corporation's students by using freedom
from regulation to:
(1) allocate resources toward; and
(2) focus efforts on;
student instruction and learning.
Sec. 2. (a) To designate a school corporation as a deregulated
school corporation that is free to focus on improving academic
improvement, a governing body shall submit notice of the school
corporation's intent to become a deregulated school corporation to
the state board. The notice must:
(1) be in writing;
(2) attest that the governing body has voted to become a
deregulated school corporation that is free to focus on
improving academic achievement; and
(3) inform the state board that the school corporation will
become a deregulated school corporation on the July 1 next
following the date of the notice.
(b) A notice under this section is effective upon receipt by the
Sec. 3. A school corporation becomes a deregulated school
corporation that is free to focus on improving academic
achievement on the July 1 next following the date of the governing
body's notice to the state board.
Sec. 4. The following apply to a deregulated school corporation:
(1) Except as specifically provided in this chapter, the
following do not apply to a deregulated school corporation:
(A) An Indiana statute applicable to a governing body or
(B) A rule or guideline adopted by the state board.
(C) A rule or guideline adopted by the advisory board of
the division of professional standards established by
IC 20-28-2-2, except for those rules that assist a teacher in
gaining or renewing a standard or advanced license.
(D) A local regulation or policy adopted by the governing
body of the deregulated school corporation, unless the
regulation or policy is specifically readopted by the
governing body after the governing body has voted to
become a deregulated school corporation.
(2) The school corporation and schools within the school
corporation must continue to comply with the following:
(A) Applicable federal laws.
(B) The Constitution of the State of Indiana.
(C) Federal and state laws that prohibit discrimination.
(D) Bidding, wage determination, and other statutes and
rules that apply to the use of public funds for the
construction, reconstruction, alteration, or renovation of a
(E) The following statutes:
(i) IC 5-10.3 (public employees' retirement fund).
(ii) IC 5-11-1-9 (required audits by the state board of
(iii) IC 20-26-5-6 (subject to regulation by state agencies).
(iv) IC 20-26-5-10 and IC 20-28-5-9 (criminal history).
(v) IC 20-26-6-2 (unified accounting system).
(vi) IC 20-28-4 (transition to teaching).
(vii) IC 20-28-6, IC 20-28-7, IC 20-28-8, IC 20-28-9, and
IC 20-28-10 (contracts with teachers and administrators,
salary, and conditions of employment).
(viii) IC 20-29 (collective bargaining).
(ix) IC 20-30-2 (calendar).
(x) IC 20-30-3-2 and IC 20-30-3-4 (patriotic and
(xi) IC 20-30-5-0.5 (concerning the pledge of allegiance).
(xii) IC 20-30-10 (college preparation curriculum).
(xiii) IC 20-30-11 (postsecondary enrollment program).
(xiv) IC 20-31 (accountability for school performance
(xv) IC 20-32 (student standards, assessment, and
(xvi) IC 20-33-2 (compulsory school attendance).
(xvii) IC 20-33-3 (limitations on employment of children).
(xviii) IC 20-33-7 (parental access to education records).
(xix) IC 20-33-8 (student discipline).
(xx) IC 20-33-9 (reporting of student violations of law).
(xxi) IC 20-34-3 (health and safety measures).
(xxii) IC 20-34-4 (immunizations).
(xxiii) IC 20-35 (special education).
(xxiv) IC 21 (school finance).
(xxv) IC 21-6.1 (teacher retirement).
Sec. 5. (a) A deregulated school corporation shall submit
periodic reports, at the times set by the state board, to the
department and state board, with the content and in formats
prescribed by the state board, containing the following
(1) Financial information.
(2) Student performance data, including the results of all
standardized testing, ISTEP program testing, and the
(3) A description of the educational methods and teaching
(4) Daily attendance records.
(5) Graduation statistics, including the number of students
attaining Core 40 and academic honors diplomas.
(6) Student enrollment data, including the following:
(A) The number of students enrolled in the school
corporation and each school in the school corporation.
(B) The number of students suspended or expelled from
schools in the school corporation, including the reasons for
the suspensions or expulsions.
(C) The number of students who ceased to attend schools
in the school corporation, including the reasons for the
(7) Any information necessary to comply with federal or state
(8) Any other information specified by the state board.
(b) A deregulated school corporation and each school within the
school corporation shall publish the annual performance report
required under IC 20-20-8.
Sec. 6. (a) Before becoming a deregulated school corporation
under section 3 of this chapter, a governing body may waive any
statutes, rules, or policies that the governing body may waive under
section 4 of this chapter.
(b) A governing body shall submit notice of the statutes, rules,
or policies the governing body seeks to waive to the state board
under section 2 of this chapter.
(c) Unless the state board, with the advice of the department,
provides written notice to the governing body of reasons the
governing body may not waive a specific statute, rule, or policy, a
waiver under this section takes effect ninety (90) days after the
state board receives notice of the waiver.
Sec. 7. The state board may revoke the deregulated status of a
school corporation at any time if the state board determines that at
least one (1) of the following has occurred:
(1) The school corporation fails to comply with applicable laws
or conditions established under this chapter.
(2) The school corporation fails to meet the educational and
financial goals for the school corporation established by
federal or state law, or by the state board.
(3) The school corporation fails to comply with financial
management, accounting, or reporting requirements.
Sec. 8. Not later than December 31 of each year, the state board
shall issue a report to the governor and the general assembly
concerning the status, actions, and academic and financial results
of a deregulated school corporation. A report to the general
assembly must be made to the executive director of the legislative
services agency in an electronic format under IC 5-14-6.".
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SOURCE: IC 36-1-12-22; (06)CR032401.16. -->
"SECTION 16. IC 36-1-12-22 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 22. (a) A school corporation may
purchase the following materials for a public work project as
provided in IC 5-22:
(1) Roofing materials.
(2) Commercial floor coverings.
(3) Athletic resurfacing materials.
(4) Playground equipment.
(b) Labor used in any part of a public work project for which
materials are purchased under subsection (a) from a contractor
selected by a competitive sealed bidding process through a
cooperative purchasing program may be included in the purchase
(1) the labor is performed by an Indiana based contractor or
(2) the labor is subject to IC 5-16-7, except that the wage scale
must be established two (2) weeks before the issuance of a
contract for the actual performance of the work; and
(3) the employees of each Indiana based contractor or
subcontractor providing labor have completed or are enrolled
in an apprenticeship program certified by the United States
Department of Labor Bureau of Apprenticeship and Training.
(c) Notwithstanding the manner in which materials and labor
are purchased under this section, the cost of a public work project
under this section shall be determined in accordance with
(d) A purchase of materials and labor for a public work project
under this section is exempt from publishing notice under
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Renumber all SECTIONS consecutively.
(Reference is to SB 324 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 7, Nays 0.
CR032401/DI 71 2006