Introduced Version
HOUSE BILL No. 1328
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-32.
Synopsis: Testing of special education students. Allows a student who
is a child with a disability to: (1) participate in the ISTEP test; or (2)
participate in an alternate assessment as determined by the student's
case conference committee. Provides that the case conference
committee for a student who is a child with a disability may determine
that the student is eligible to graduate if the student: (1) passes an
appropriate alternative assessment; (2) maintains at least a 95%
attendance rate; (3) maintains a "C" average; and (4) satisfies all other
nonacademic state and local graduation requirements. Provides that a
student who is a child with a disability may receive a certificate of
completion if the student completes the goals set out in the student's
individualized education program (IEP).
Effective: July 1, 2008.
Reske
January 15, 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
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HOUSE BILL No. 1328
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 20-32-4-1; (08)IN1328.1.1. -->
SECTION 1. IC 20-32-4-1, AS ADDED BY P.L.105-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) Except as provided in subsection (b) and
sections 5 and 5.1 of this chapter, a student must meet:
(1) the academic standards tested in the graduation examination;
and
(2) any additional requirements established by the governing body
of the student's school corporation;
to be eligible to graduate.
(b) Except as provided in sections 4, 5, 5.1, 6, 7, 8, 9, and 10 of this
chapter, beginning with the class of students who expect to graduate
during the 2010-2011 school year, each student is required to meet:
(1) the academic standards tested in the graduation examination;
(2) the Core 40 course and credit requirements adopted by the
state board under IC 20-30-10; and
(3) any additional requirements established by the governing
body;
to be eligible to graduate.
SOURCE: IC 20-32-4-5; (08)IN1328.1.2. -->
SECTION 2. IC 20-32-4-5, AS ADDED BY P.L.1-2005, SECTION
16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]: Sec. 5. (a) This section applies to a student who:
(1) is a child with a disability (as defined in IC 20-35-1-2); and
(2) takes the graduation examination.
(b) If the student does not achieve a passing score on the graduation
examination, the student's case conference committee may determine
that the student is eligible to graduate if the case conference committee
finds the following:
(1) The student's teacher of record, in consultation with a teacher
of the student in each subject area in which the student has not
achieved a passing score, makes a written recommendation to the
case conference committee. The recommendation must:
(A) be concurred in by the principal of the student's school;
and
(B) be supported by documentation that the student has
attained the academic standard in the subject area based on:
(i) tests other than the graduation examination; or
(ii) classroom work.
(2) determines that the student meets all the following
requirements:
(A) (1) Retakes the graduation examination in each subject
area in which the student did not achieve a passing score as
often as required by the student's individualized education
program.
(B) (2) Completes remediation opportunities provided to the
student by the student's school to the extent required by the
student's individualized education program.
(C) (3) Maintains a school attendance rate of at least
ninety-five percent (95%) to the extent required by the
student's individualized education program with excused
absences not counting against the student's attendance.
(D) (4) Maintains at least a "C" average or the equivalent in
the courses comprising the credits specifically required for
graduation by rule of the state board.
(E) (5) Otherwise satisfies all state and local graduation
requirements.
SOURCE: IC 20-32-4-5.1; (08)IN1328.1.3. -->
SECTION 3. IC 20-32-4-5.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 5.1. (a) This section applies to a student who:
(1) is a child with a disability (as defined in IC 20-35-1-2); and
(2) takes an alternate assessment under IC 20-32-5-16 instead
of the graduation examination.
(b) Notwithstanding any other law, the student's case conference
committee may determine that the student is eligible to graduate
if the case conference committee finds the following:
(1) The student passes an appropriate alternate assessment
under IC 20-32-5-16.
(2) The student maintains a school attendance rate of at least
ninety-five percent (95%) to the extent required by the
student's individualized education program with excused
absences not counting against the student's attendance.
(3) The student maintains at least a "C" average or the
equivalent in the courses required by the student's
individualized education program.
(4) The student otherwise satisfies all other nonacademic state
and local graduation requirements.
(c) The state board shall adopt rules under IC 4-22-2 necessary
to implement this section.
SOURCE: IC 20-32-5-15; (08)IN1328.1.4. -->
SECTION 4. IC 20-32-5-15, AS ADDED BY P.L.1-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 15. (a) The state superintendent shall develop an
ISTEP program testing schedule in which:
(1) each student in grades 3, 6, 8, and 10 must be tested; and
(2) each student in grade 10 must take a graduation examination;
except as provided in section 16 of this chapter.
(b) The state board shall adopt rules to establish when a student is
considered to be in grade 10 for purposes of initially taking the
graduation examination.
SOURCE: IC 20-32-5-16; (08)IN1328.1.5. -->
SECTION 5. IC 20-32-5-16, AS ADDED BY P.L.1-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 16. (a) A student who is a child with a disability
(as defined in IC 20-35-1-2)
shall be tested may:
(1) participate in testing under this chapter with appropriate
accommodations in testing materials and procedures;
unless the
individuals who develop the child's individualized education
program determine that testing or a part of the testing under this
chapter is not appropriate for the student and that an alternate
assessment will be used to test the student's achievement. or
(2) participate in an appropriate alternate assessment to test
the student's achievement as determined by the student's case
conference committee.
(b)
Any decision concerning a student who is a child with a
disability (as defined in IC 20-35-1-2) regarding the student's:
(1) participation in testing or alternate assessment under this
chapter;
(2) receiving accommodations in testing or assessment materials
and procedures;
(3) participation in remediation under IC 20-32-8; or
(4) retention at the same grade level for consecutive school years;
shall be made in accordance with the student's individualized education
program in compliance with the ISTEP program manual and federal
law.
SOURCE: IC 20-32-5-16.1; (08)IN1328.1.6. -->
SECTION 6. IC 20-32-5-16.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 16.1. A student who is a child
with a disability (as defined in IC 20-35-1-2) may receive a
certificate of completion if the student completes the goals set out
in the student's individualized education program.