Introduced Version






HOUSE BILL No. 1246

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-20-36; IC 20-30; IC 20-43-4-8; IC 21-14-8-1.5; IC 21-42; IC 21-43.

Synopsis: Student graduation plan and online learning. Authorizes the department of education to establish an online learning cooperative. Changes the student career plan to the student graduation plan. Provides up to five dual credit courses to all high school students at no cost.

Effective: July 1, 2008.





Austin




    January 17, 2008, read first time and referred to Committee on Education.







Introduced

Second Regular Session 115th General Assembly (2008)


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 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1246



    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 20-20-36; (08)IN1246.1.1. -->     SECTION 1. IC 20-20-36 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 36. Indiana Virtual Learning Cooperative
    Sec. 1. As used in this chapter, "base school corporation" means the school corporation in which a student has legal settlement.
    Sec. 2. As used in this chapter, "online learning program" means an interactive course or program that:
        (1) delivers instruction from a teacher to a student by computer;
        (2) is combined with other traditional delivery methods that include frequent student assessment and may include actual teacher contact time; and
        (3) meets or exceeds state academic standards.
    Sec. 3. As used in this chapter, "online learning provider" means any of the following that provide online learning:
        (1) A school corporation.
        (2) An organization of two (2) or more school corporations operating under a joint agreement.
        (3) A charter school located in Indiana.
        (4) An institution of higher learning located in Indiana.
        (5) A private distance learning curriculum provider.
    Sec. 4. As used in this chapter, "virtual learning cooperative" refers to the Indiana virtual learning cooperative established by section 5 of this chapter.
    Sec. 5. The Indiana virtual learning cooperative is established to deliver courses and other instructional activities through online learning technologies. The department shall:
        (1) organize the virtual learning cooperative;
        (2) approve online learning providers according to rigorous academic and fiscal requirements; and
        (3) determine the total allowable cost of an online learning program according to the following guidelines:
            (A) A student enrolled in a public school may not be charged additional tuition or fees except for instructional materials.
            (B) A student enrolled in a nonpublic school may enroll in a state supported online learning program. However, the nonpublic school or the student's parent shall pay one hundred percent (100%) of the total cost of the online learning program. Public tax revenues may not be used to provide an online learning program to a student who is enrolled in a nonpublic school.
            (C) A student who is homeschooled may enroll in a state supported online learning program. However, the student's parent shall pay one hundred percent (100%) of the total cost of the online learning program. Public tax revenues may not be used to provide an online learning program to a student who is homeschooled.
            (D) For an online learning program delivered by a private provider, the price charged to a virtual learning cooperative participant must be the lowest price offered for the course to any customer.
            (E) For an online learning program delivered by an institution of higher education, indirect charges may not be more than five percent (5%) of the total charges.
    Sec. 6. The department may contract with a public school, an institution of higher education, or a private online learning provider to deliver online learning programs or other instructional

activities. The online learning program must comply with the following requirements:
        (1) Courses offered for academic credit must be aligned with the state's academic standards and approved by the state board.
        (2) Teachers must meet state teacher licensing standards under IC 20-28 except in cases in which a course is taught by a university faculty member when the school corporation cannot provide a licensed teacher. In such a case, the school corporation shall provide a qualified monitor to assist students enrolled in the online learning programs. A qualified monitor must be a licensed teacher in the general subject matter of the online learning program.
        (3) Course class sizes or caseloads must be consistent with and comparable to generally accepted standards for classroom sizes or caseloads.
    Sec. 7. The department may establish a rental program for home-based instructional technologies for a student enrolled in an online learning program. Rental fees shall be charged to the parent of a student enrolled in an online learning program according to policies consistent with textbook rental policies.
    Sec. 8. A school corporation may participate in the virtual learning cooperative by resolution of the governing body.
    Sec. 9. (a) Student enrollment in an online learning program must be by joint agreement of the online learning provider and the student's parent or guardian.
    (b) A student who attends a public school may enroll in an online learning program only up to a half-time student basis.
    Sec. 10. A homebound student or a student placed in an alternative education program may be enrolled in an online learning program subject to the agreement of the online learning provider and the student's parent or guardian.
    Sec. 11. A student's online learning daily assignments must be graded according to the same standards as all other students' daily assignments.
    Sec. 12. The parent of a student enrolled in an online learning program must attest that the student did the work assigned to the student.
    Sec. 13. If a student enrolled in an online learning program cheats or plagiarizes, the student shall be penalized according to the school's established cheating or plagiarism policy.
    Sec. 14. If an online learning program requires a final

examination, a student enrolled in the online learning program must take the final examination in person at a site approved by the state board.
     Sec. 15. When a student enrolls in an online learning program at a public school where the student has legal settlement, there is no change in:
        (1) the ADM of the school corporation; or
        (2) state assistance to the school corporation.
    Sec. 16. The following apply when a student enrolls in an online learning program at a public school where the student does not have legal settlement:
        (1) The amount of the transfer tuition is the state basic tuition support per ADM provided under IC 20-43-6 to the student's base school corporation.
        (2) The student remains in the ADM of the student's base school corporation.
        (3) The online learning program at the school that enrolls the student may not include the student in the school's ADM.
        (4) The department shall do the following:
            (A) Pay the amount of the transfer tuition to the online learning program at the school that enrolls the student.
            (B) Deduct the amount of the transfer tuition from the distribution of state aid to the student's base school corporation.
    Sec. 17. (a) This section applies when a public school student enrolls in an online learning program that is not located at a public school.
    (b) The following apply if a public school student enrolls in an online learning program that is either privately owned by an organization or association or is located at a nonaccredited nonpublic school and that is a participant in the virtual learning cooperative:
        (1) The public school where the student has legal settlement is responsible for the costs of the student enrollment in the program not to exceed the amount of transfer tuition according to IC 20-26-11-14.
        (2) The student remains in the ADM of the school corporation where the student has legal settlement.
    Sec. 18. The department shall develop guidelines and the state board shall adopt rules under IC 4-22-2 to implement this chapter.

SOURCE: IC 20-30-4-1; (08)IN1246.1.2. -->     SECTION 2. IC 20-30-4-1, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,

2008]: Sec. 1. As used in this chapter, "student" refers to a student who is enrolled in a school corporation in at least grade 9. grade 6.

SOURCE: IC 20-30-4-1.5; (08)IN1246.1.3. -->     SECTION 3. IC 20-30-4-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1.5. (a) In grade 6, a student and the student's parent shall develop an initial graduation plan. The plan must include the following:
        (1) A statement of intent to graduate from high school.

         (2) An acknowledgment of the importance of:
            (A) good citizenship;
            (B) school attendance; and
            (C) diligent study habits.
    (b) The plan shall become part of the student's permanent school record.

SOURCE: IC 20-30-4-2; (08)IN1246.1.4. -->     SECTION 4. IC 20-30-4-2, AS AMENDED BY P.L.2-2007, SECTION 220, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. In consultation with the student's guidance counselor, after seeking consultation with each student's parents, and not later than the date on which the student completes grade 9, each student shall further develop a career the graduation plan in which the student does developed in grade 6 under section 1.5 of this chapter to also include the following:
        (1) Indicates The subject and skill areas of interest to the student.
        (2) Designs A program of study under the college/technology preparation curriculum adopted by the state board under IC 20-30-10-2 for grades 10, 11, and 12 that meets the interests and aptitude of the student.
        (3) Ensures Assurances that, upon satisfactory fulfillment of the plan, the student:
            (A) is entitled to graduate; and
            (B) will have taken at least the minimum variety and number of courses necessary to gain admittance to a state educational institution.
         (4) An indication of assessments (other than ISTEP and the graduation examination) that the student plans to take voluntarily during grade 10 through grade 12, and which may include any of the following:
             (A) The Scholastic Aptitude Test.
            (B) The ACT test.
            (C) Advanced placement exams.
            (D) College readiness exams approved by the department.
            (E) Workforce readiness exams approved by the

department of workforce development established under IC 22-4.1-2.

SOURCE: IC 20-30-4-4; (08)IN1246.1.5. -->     SECTION 5. IC 20-30-4-4, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. A career graduation plan may be modified after initial development. However, the modifications may not interfere with the assurances described in section 2(3) of this chapter.
SOURCE: IC 20-30-4-5; (08)IN1246.1.6. -->     SECTION 6. IC 20-30-4-5, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. This chapter may not be construed to prevent a student who chooses a particular curriculum under IC 20-30-12 or IC 20-30-10 from including within the student's career graduation plan individual courses or programs that:
        (1) are not included within the student's chosen curriculum; and
        (2) the student is otherwise eligible to take.
SOURCE: IC 20-30-4-6; (08)IN1246.1.7. -->     SECTION 7. IC 20-30-4-6, AS ADDED BY P.L.185-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) A student's guidance counselor shall, in consultation with the student and the student's parent, review annually a student's career graduation plan to determine if a student is progressing toward fulfillment of the career graduation plan.
    (b) If a student is not progressing toward fulfillment of the career graduation plan, the school counselor shall provide counseling services for the purpose of advising the student of credit recovery options and services available to help the student progress toward graduation.
SOURCE: IC 20-30-10-4; (08)IN1246.1.8. -->     SECTION 8. IC 20-30-10-4, AS ADDED BY P.L.185-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. Each high school must provide at least two (2) five (5) of each of the following course offerings to high school students who qualify to enroll in the courses:
        (1) Dual credit.
        (2) Advanced placement.
SOURCE: IC 20-43-4-8; (08)IN1246.1.9. -->     SECTION 9. IC 20-43-4-8, AS ADDED BY P.L.234-2007, SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. A student who participates in:
        (1) a postsecondary enrollment program under IC 21-43-4 is considered a student enrolled in the school corporation where the student has legal settlement for the purposes of computing ADM;
        (2) a double up for college program under IC 21-43-5 is considered a student enrolled in the school corporation where the student has legal settlement for the purposes of computing ADM;
        (3) a high school fast track to college program under IC 21-43-6 shall be counted in the ADM of the school corporation where the student has legal settlement if the student would be counted in the ADM of the school corporation had the student enrolled in the school corporation; or
        (4) a high school fast track to college program under IC 21-43-7 shall be counted in the ADM of the school corporation where the student has legal settlement if the student would be counted in the ADM of the school corporation had the student enrolled in the school corporation; or
        (5) an online learning program under IC 20-20-36 shall be counted in the ADM of the school corporation where the student has legal settlement if the student would be counted in the ADM of the school corporation had the student enrolled in the school corporation.

SOURCE: IC 21-14-8-1.5; (08)IN1246.1.10. -->     SECTION 10. IC 21-14-8-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1.5. (a) This section applies to a student who is described in subsection (b).
    (b) A state educational institution shall waive tuition for a student who:
        (1) is accepted into the double up for college program under IC 21-43-5;
        (2) is accepted for admission to the state educational institution; and
        (3) has successfully completed up to, but not more than, five (5) college head start courses (as defined in IC 21-42-1-2.5).

SOURCE: IC 21-42-1-2.5; (08)IN1246.1.11. -->     SECTION 11. IC 21-42-1-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.5. "College head start course" means a common introductory course that is:
        (1) included in the core transfer library established under IC 21-42-5-1; and
        (2) offered and made available to high school students who are accepted into the double up for college program under IC 21-43-5.

SOURCE: IC 21-42-5-1; (08)IN1246.1.12. -->     SECTION 12. IC 21-42-5-1, AS ADDED BY P.L.2-2007, SECTION 283, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) The commission for higher education may establish, with the assistance of the committee on statewide transfer and articulation, 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 4 of this chapter.
     (b) The commission for higher education shall establish, with the assistance of the committee on statewide transfer and articulation, at least five (5) and not more than thirty (30) college head start introductory courses from the courses referred to in subsection (a) that must be made available to each high school student who qualifies to participate in the double up for college program under IC 21-43-5.

SOURCE: IC 21-43-2-3; (08)IN1246.1.13. -->     SECTION 13. IC 21-43-2-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. The commission for higher education shall develop a plan to align dual credit courses with:
        (1) college degree programs; and
        (2) workforce development certification programs.

SOURCE: IC 21-43-5-4; (08)IN1246.1.14. -->     SECTION 14. IC 21-43-5-4, AS ADDED BY P.L.2-2007, SECTION 284, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) A state educational institution that participates in:
        (1) an early college program;
        (2) a dual credit program; or
        (3) a dual enrollment program;
may, shall, by agreement with a school corporation, take any action the actions described in subsection (b).
    (b) The state educational institution may: and the school corporation shall:
        (1) ensure that the content and rigor of a course offered is adequate to warrant providing credit to a student as if the student took the course as a student at the state educational institution;
        (2) set the criteria for a faculty member, an instructor, or other individual responsible for teaching a course with the:
            (A) state educational institution responsible for hiring the personnel to instruct dual credit courses taught by the state educational institution; and
            (B) school corporation responsible for hiring personnel to instruct dual credit courses taught by the high school; and
        (3) determine with the school corporation, the terms and conditions under which:
            (A) a student may be admitted to the program while attending high school;
            (B) the state educational institution will award credit, if any, for a specified course successfully completed by a student

through the school corporation; and
            (C) the school corporation will award credit, if any, for a specific course successfully completed through the state educational institution.
     (c) The criteria for a faculty member, instructor, or other individual responsible for teaching a college head start course in a school corporation must be consistent with teacher licensing requirements and may not impose requirements for graduate degrees that are not required for teacher licensure.