February 13, 2009





SENATE BILL No. 526

_____


DIGEST OF SB 526 (Updated February 11, 2009 6:07 pm - DI 71)



Citations Affected: IC 20-31.

Synopsis: School performance consequences. Provides that certain consequences apply to schools in either of the two lowest categories or designations of school improvement. (Current law provides that the consequences apply to schools within the lowest category or designation.) Shortens the period before the consequences apply.

Effective: July 1, 2009.





Lubbers, Kruse




    January 15, 2009, read first time and referred to Committee on Education and Career Development.
    February 12, 2009, amended, reported favorably _ Do Pass.






February 13, 2009

First Regular Session 116th General Assembly (2009)


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.
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SENATE BILL No. 526



    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 20-31-9-2; (09)SB0526.1.1. -->     SECTION 1. IC 20-31-9-2, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) This section applies:
         (1) the first year and second consecutive years that a school is placed in the lowest category or designation of school improvement; or
        (2) the third and fourth consecutive years that a school is placed in either of the two (2) lowest categories or designations of school improvement.

    (b) The state board shall place the school and the school corporation on notice that the school is in the lowest or one (1) of the two (2) lowest category categories or designation designations of school improvement (as applicable). Upon receiving the notice, the governing body shall:
        (1) issue a public notice of the school's lack of improvement; and
        (2) hold a public hearing in which public testimony is received concerning the lack of improvement.
    (c) The committee shall revise the school's plan. A revision under this subsection may include any of the following:
        (1) Shifting resources.
        (2) Changing personnel.
        (3) Requesting the state board to appoint an outside team to manage the school or assist in the development of a new plan.
    (d) If the governing body approves a request for the state board to appoint an outside team under subsection (c)(3), the school is considered to be placed under section 3 of this chapter.
SOURCE: IC 20-31-9-3; (09)SB0526.1.2. -->     SECTION 2. IC 20-31-9-3, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) This section applies if:
         (1) in the third second year after initial placement in the lowest category or designation a school still remains in the lowest category or designation; or
        (2) in the fourth year after initial placement in either of the two (2) lowest categories or designations a school still remains in either of the two (2) lowest categories or designations.

    (b) The state board shall establish and assign an expert team to the school. The expert team:
        (1) must include representatives from the community or region that the school serves; and
        (2) may include:
            (A) school superintendents, members of governing bodies, and teachers from school corporations that are in high categories or designations; and
            (B) special consultants or advisers.
    (c) The expert team shall:
        (1) assist the school in revising the school's plan; and
        (2) recommend changes in the school that will promote improvement, including the reallocation of resources or requests for technical assistance.
SOURCE: IC 20-31-9-4; (09)SB0526.1.3. -->     SECTION 3. IC 20-31-9-4, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) This section applies if:
         (1) in the fifth third year after initial placement in the lowest category or designation a school still remains in the lowest category or designation; or
        (2) in the fifth year after initial placement in either of the two (2) lowest categories or designations a school still remains in either of the two (2) lowest categories or designations.

    (b) The state board shall do the following:
        (1) Hold at least one (1) public hearing in the school corporation where the school is located to consider and hear testimony concerning the following options for school improvement:
            (A) Merging the school with a nearby school that is in a higher category.
            (B) Assigning a special management team to operate all or part of the school.
            (C) The department's recommendations for improving the school.
            (D) Other options for school improvement expressed at the public hearing, including closing the school.
            (E) Revising the school's plan in any of the following areas:
                (i) Changes in school procedures or operations.
                (ii) Professional development.
                (iii) Intervention for individual teachers or administrators.
        (2) If the state board determines that intervention will improve the school, implement at least one (1) of the options listed in subdivision (1).
SOURCE: IC 20-31-9-5; (09)SB0526.1.4. -->     SECTION 4. IC 20-31-9-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The state board may establish priorities in carrying out its activities under sections 2 and 3 of this chapter based upon the resources available to the state board.