SB 384-3_ Filed 02/29/2012, 07:22 Porter


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 384 be amended to read as follows:

SOURCE: Page 7, line 42; (12)MO038442.7. -->     Page 7, after line 42, begin a new paragraph and insert:
SOURCE: IC 20-31-9-4; (12)MO038442.11. -->     "SECTION 11. IC 20-31-9-4, AS AMENDED BY P.L.229-2011, SECTION 189, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) This section applies if, in the fifth year after initial placement in the lowest category or designation, a school still remains in the lowest category or designation.
    (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).
    (c) Unless the school is closed or merged, a the state board shall publish a notice in accordance with IC 5-3-1 specifying its intent to turn the public school into a turnaround academy in each county in which the school corporation is located. The notice must include the name and address of the affected school, a description of the actions the state board is taking with respect to the school, and a description of the method that voters may use to object to the school becoming a turnaround academy.
    (d) If not later than thirty (30) days after all required notices are published under this section at least a number of registered voters in the affected school corporation equal to two percent (2%) of the total votes cast at the last election for secretary of state in the election district comprising the school corporation sign one (1) of one (1) or more petitions circulated and submitted to the circuit court clerk of the county with the largest number of registered voters in the school corporation requesting that a local public question concerning the establishment of a turnaround academy in the school corporation be placed on the ballot, the county election board in each county where the school corporation is located shall place the following question on the ballot in the school corporation during the next primary or general election:
        "Shall a turnaround academy operated by a special management team assigned by the state board of education take over operation of the public school located at (insert name or number of the public school and the address of the public school)?".
The clerk of the county receiving the petitions shall certify a copy of the petitions to the clerk of each county in which the school corporation is located.
    (e) A public question under this section shall be placed on the ballot in the election district comprising the school corporation in accordance with IC 3-10-9 and must be certified by the school corporation to the election board in accordance with IC 3-10-9-3.
    (f) The clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the state board and the school corporation.
    (g) If a public question under this section is placed on the ballot in a school corporation and a majority of the voters of the school corporation voting on the public question do not vote in favor of establishing a turnaround academy for the school, the state board may not establish a turnaround academy in the school and must use another option for school improvement expressed at the public hearing, and the state board may not establish a turnaround academy at the school for at least five (5) years after the year the public question is on the ballot.


    (h) If a majority of the voters of the school corporation voting on the public question vote in favor of establishing a turnaround academy for the school, the school that is subject to improvement under this section becomes a turnaround academy under IC 20-31-9.5.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 384 as printed February 27, 2012.)

________________________________________

Representative Porter


MO038442/DI 51     2012