Introduced Version
SENATE BILL No. 519
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-12-0.5-8; IC 20-19-2-8; IC 20-19-2-12.
Synopsis: Use of recycled components in school construction.
Requires the commission for higher education to establish statewide
guidelines requiring the use of recycled components in certain
construction projects of state educational institutions. Requires the
state board of education to adopt rules mandating the use of recycled
components in certain school construction projects.
Effective: July 1, 2007.
Waterman
January 23, 2007, read first time and referred to Committee on Education and Career
Development.
Introduced
First Regular Session 115th General Assembly (2007)
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SENATE BILL No. 519
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 20-12-0.5-8; (07)IN0519.1.1. -->
SECTION 1. IC 20-12-0.5-8, AS AMENDED BY P.L.246-2005,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. The commission shall have the
following powers and duties:
(1) To develop, continually keep current, and implement a long
range plan for postsecondary education. In developing this plan,
the commission shall take into account the plans and interests of
the state private institutions, anticipated enrollments in state
postsecondary institutions, financial needs of students, and other
factors pertinent to the quality of educational opportunity
available to the citizens of Indiana. The plan shall define the
educational missions and the projected enrollments of the various
state educational institutions.
(2) To consult with and make recommendations to the
commission on vocational and technical education within the
department of workforce development on all postsecondary
vocational education programs. The commission shall biennially
prepare a plan for implementing postsecondary vocational
education programming after considering the long range state
plan developed under IC 20-1-18.3-10. The commission shall
submit this plan to the commission on vocational and technical
education within the department of workforce development for its
review and recommendations, and shall specifically report on how
the plan addresses preparation for employment.
(3) To make recommendations to the general assembly and the
governor concerning the long range plan, and prepare to submit
drafts and proposed legislation needed to implement the plan. The
commission may also make recommendations to the general
assembly concerning the plan for postsecondary vocational
education under subdivision (2).
(4) To review the legislative request budgets of all state
educational institutions preceding each session of the general
assembly and to make recommendations concerning
appropriations and bonding authorizations to state educational
institutions including public funds for financial aid to students by
any state agency. The commission may review all programs of any
state educational institution, regardless of the source of funding,
and may make recommendations to the governing board of the
institution, the governor, and the general assembly concerning the
funding and the disposition of the programs. In making this
review, the commission may request and shall receive, in such
form as may reasonably be required, from all state educational
institutions, complete information concerning all receipts and all
expenditures.
(5) To submit to the commission on vocational and technical
education within the department of workforce development for its
review under IC 20-1-18.3-15 the legislative budget requests
prepared by state educational institutions for state and federal
funds for vocational education. These budget requests shall be
prepared upon request of the budget director, shall cover the
period determined by the budget director, and shall be made
available to the commission within the department of workforce
development before review by the budget committee.
(6) To make, or cause to be made, studies of the needs for various
types of postsecondary education and to make recommendations
to the general assembly and the governor concerning the
organization of these programs. The commission shall make or
cause to be made studies of the needs for various types of
postsecondary vocational education and shall submit to the
commission on vocational and technical education within the
department of workforce development the commission's findings
in this regard.
(7) To approve or disapprove the establishment of any new
branches, regional or other campuses, or extension centers or of
any new college or school, or the offering on any campus of any
additional associate, baccalaureate, or graduate degree, or of any
additional program of two (2) semesters, or their equivalent in
duration, leading to a certificate or other indication of
accomplishment. After March 29, 1971, no state educational
institution shall establish any new branch, regional campus, or
extension center or any new or additional academic college, or
school, or offer any new degree or certificate as defined in this
subdivision without the approval of the commission or without
specific authorization by the general assembly. Any state
educational institution may enter into contractual agreements with
governmental units or with business and industry for specific
programs to be wholly supported by the governmental unit or
business and industry without the approval of the commission.
(8) If so designated by the governor or the general assembly, to
serve as the agency for the purposes of receiving or administering
funds available for postsecondary education programs, projects,
and facilities for any of the acts of the United States Congress
where the acts of Congress require the state to designate such an
agency or commission. However, this subdivision does not
provide for the designation of the commission by the governor as
the recipient of funds which may be provided by acts of the
United States Congress, received by an agency, a board, or a
commission designated by the general assembly.
(9) To designate and employ an executive officer and necessary
employees, to designate the titles of the executive officer and
necessary employees, and to fix the compensation in terms of the
employment.
(10) To appoint appropriate advisory committees composed of
representatives of state educational institutions, representatives of
private colleges and universities, students, faculty, and other
qualified persons.
(11) To employ all powers properly incident to or connected with
any of the foregoing purposes, powers, or duties, including the
power to adopt rules.
(12) To develop a definition for and report biennially to the:
(A) general assembly;
(B) governor; and
(C) commission on vocational and technical education within
the department of workforce development;
on attrition and persistence rates by students enrolled in state
vocational education. A report under this subdivision to the
general assembly must be in an electronic format under IC 5-14-6.
(13) To submit a report to the legislative council not later than
August 30 of each year on the status of the transfer of courses and
programs between state educational institutions. The report must
include any changes made during the immediately preceding
academic year.
(14) To direct the activities of the committee, including the
activities set forth in subdivisions (15) and (16).
(15) To develop through the committee statewide transfer of
credit agreements for courses that are most frequently taken by
undergraduates.
(16) To develop through the committee statewide agreements
under which associate of arts and associate of science programs
articulate fully with related baccalaureate degree programs.
(17) To publicize by all appropriate means, including an Internet
web site, a master list of course transfer of credit agreements and
program articulation agreements.
(18) To establish, with the assistance of the committee, a
statewide core transfer library of at least seventy (70) courses that
are transferable on all campuses of the state educational
institutions in accordance with the principles in section 13 of this
chapter.
(19) To establish, with the assistance of the committee,
articulation agreements for at least twelve (12) degree programs:
(A) for which articulation agreements apply to any campus in
the Ivy Tech State College system and to Vincennes
University; and
(B) that draw from liberal arts and the technical, professional,
and occupational fields.
(20) To develop statewide guidelines requiring the use of
recycled components (as defined in IC 6-3.1-25.2-3) in the:
(A) construction of new; or
(B) repair, rehabilitation, remodeling, renovation,
reconstruction, or alteration of existing;
facilities or buildings, including dormitories, fieldhouses,
gymnasiums, student unions, and halls of music of state
educational institutions. The commission shall consider
environmental liability concerns in developing a plan under
this section.
SOURCE: IC 20-19-2-8; (07)IN0519.1.2. -->
SECTION 2. IC 20-19-2-8, AS ADDED BY P.L.65-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. (a) In addition to any other powers and duties
prescribed by law, the state board shall adopt rules under IC 4-22-2
concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines, other than building, space and site requirements, for
media centers, libraries, instructional materials centers, or any
other area or system of areas in a school where a full range of
information sources, associated equipment, and services from
professional media staff are accessible to the school community.
With regard to library automation systems, the state board may
only adopt rules that meet the standards established by the state
library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The establishment and maintenance of minimum standards for
driver education programs (including classroom instruction and
practice driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program.
(5) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-9-7 and IC 20-28-9-8;
(E) IC 20-28-11; and
(F) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) Subject to section 9 of this chapter, the adoption and approval
of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for the
support of schools in the state.
(8) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(9) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(10) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(11) The mandatory use of recycled components (as defined in
IC 6-3.1-25.2-3) in the construction of new school facilities
and the alteration or repair of existing school facilities. The
state board shall consider environmental liability concerns in
adopting a rule under this subsection.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SOURCE: IC 20-19-2-12; (07)IN0519.1.3. -->
SECTION 3. IC 20-19-2-12, AS AMENDED BY P.L.1-2006,
SECTION 313, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 12. (a) Except as provided in
section 8(a)(11) of this chapter, the state board shall adopt
nonbinding guidelines for the selection of school sites and the
construction, alteration, and repair of school buildings. The nonbinding
guidelines:
(1) must include preferred location and building practices for
school corporations, including standards for enhancing health,
energy efficiency, cost efficiency, and instructional efficacy; and
(2) may include guidelines concerning minimum acreage, cost per
square foot, and per student square footage.
(b) The state board shall annually compile, in a document capable
of easy revision, the:
(1) guidelines described in subsection (a); and
(2) rules of the:
(A) fire prevention and building safety commission; and
(B) state department of health;
that govern site selection and the construction, alteration, and repair of
school buildings.
(c) Before submitting completed written plans and specifications for
the selection of a school building site or the construction or alteration
of a school building to the division of fire and building safety for
issuance of a design release under IC 22-15-3, a school corporation
shall:
(1) issue a public document that describes any material
differences between the plans and specifications prepared by the
school corporation and the guidelines adopted under subsection
(a), as determined under the guidelines adopted by the state
board; and
(2) after publishing a notice of the public hearing under IC 5-3-1,
conduct a public hearing to receive public comment concerning
the school corporation's plans and specifications.
After the public hearing and without conducting another public hearing
under this subsection, the governing body may revise the plans and
specifications or submit the plans and specifications to the division of
fire and building safety without making changes. The school
corporation shall revise the public document described in subdivision
(1) to identify any changes in the plans and specifications after the
public document's initial preparation.
SOURCE: ; (07)IN0519.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2007]
IC 20-12-0.5-8 and
IC 20-19-2-8, both as amended by this act, apply to construction or
other projects beginning after June 30, 2007.