January 27, 2012





SENATE BILL No. 236

_____


DIGEST OF SB 236 (Updated January 25, 2012 8:27 pm - DI 71)



Citations Affected: IC 20-30; IC 20-31.

Synopsis: Various education matters. Provides that a school placed in the highest category or designation of academic performance is not required to conduct a school year of at least 180 student instructional days if the school conducts at least an equivalent number of hours of student instructional time. Prohibits public schools, except charter schools, from beginning student instructional days for the school year before the fourth Monday in August and from ending after June 10 of the following year, beginning with the 2014-2015 school year. Provides that a governing body may establish a beginning date before Labor Day or an end date for a school year that is later than June 10 for year-round schools, schools with balanced calendars, schools that coordinate calendars with a postsecondary educational institution, and schools that coordinate calendars with a large employer in the school corporation following public hearings and a majority vote of the governing body. Provides that a governing body may establish an end date for a school year that is later than June 10 for any school following public hearings and a majority vote of the governing body. Creates a designation of "high performing school corporation", and provides that certain statutes and rules are waived for a high performing school corporation.

Effective: July 1, 2012.





Delph , Kruse , Schneider




    January 4, 2012, read first time and referred to Committee on Education and Career Development.
    January 26, 2012, amended, reported favorably _ Do Pass.






January 27, 2012

Second Regular Session 117th General Assembly (2012)


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 2011 Regular Session of the General Assembly.

SENATE BILL No. 236



    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 20-30-2-3; (12)SB0236.1.1. -->     SECTION 1. IC 20-30-2-3, AS ADDED BY P.L.1-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. Except as provided in section 3.5 of this chapter, for each school year, a school corporation shall conduct at least one hundred eighty (180) student instructional days. Not later than June 15 of each school year, the superintendent of each school corporation shall certify to the department the number of student instructional days conducted during that school year.
SOURCE: IC 20-30-2-3.5; (12)SB0236.1.2. -->     SECTION 2. IC 20-30-2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.5. (a) This section applies only to a school that has been placed in the highest performance category or designation established under IC 20-31-8-3.
    (b) A school to which this section applies is not required to conduct one hundred eighty (180) student instructional days in a school year if the governing body establishes a calendar for the school that consists of at least:
        (1) nine hundred (900) hours of instructional time, for grades 1 through 6; or
        (2) one thousand eighty (1,080) hours of instructional time, for grades 7 through 12.
    (c) If a school to which this section applies ceases to be placed in the highest category or designation established under IC 20-31-8-3, the governing body shall establish a calendar for the school for the following school year that consists of at least one hundred eighty (180) student instructional days.

SOURCE: IC 20-30-2-9; (12)SB0236.1.3. -->     SECTION 3. IC 20-30-2-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) This section applies only to a collective bargaining agreement, entered into after June 30, 2014, between a school employer (as defined in IC 20-29-2-15) and an exclusive representative.
    (b) This section applies only to a contract entered into or renewed by a governing body after June 30, 2014.
    (c) This section does not apply to a charter school or a nonpublic school.
    (d) Beginning with the 2014-2015 school year, the student instructional days that make up a school year may not:
        (1) begin before the fourth Monday in August; and
        (2) end after June 10 of the following year.
    (e) This subsection applies to a year-round school that has a calendar in which a break between instructional days does not exceed six (6) weeks, a school that has a balanced calendar of quarters, a school that coordinates the school's calendar with that of a postsecondary educational institution, and a school that coordinates the school's calendar with that of a large employer within the school corporation. Notwithstanding subsection (d), a governing body may begin a school year before the fourth Monday in August or end a school year after June 10 at a school if:
        (1) the governing body gives notice and holds at least two (2) public hearings at which public testimony must be allowed on the issue; and
        (2) at a third public hearing, a majority of the members of the governing body vote to establish a beginning date for the school year that is before the fourth Monday in August or an ending date for the school year that is after June 10, or both.
    (f) This subsection applies to a school that is not described in subsection (e). Notwithstanding subsection (d), a governing body may end a school year after June 10 at a school if:
        (1) the governing body gives notice and holds at least two (2) public hearings at which public testimony must be allowed on the issue; and
        (2) at a third public hearing, a majority of the members of the governing body vote to establish an ending date for the school year that is after June 10.
    (g) This subsection applies to a governing body that begins a school year before the fourth Monday in August under subsection (e). The governing body may not conduct student instructional days during the period in which the state fair is held, unless a student who participates in the state fair receives an excused absence for each student instructional day the student participates in the state fair.

SOURCE: IC 20-31-12; (12)SB0236.1.4. -->     SECTION 4. IC 20-31-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 12. High Performing School Corporations
    Sec. 1. This chapter applies to a school corporation that for at least two (2) consecutive school years meets or exceeds at least ninety percent (90%) of benchmarks established for school corporations by the department in the following areas:
        (1) ISTEP performance.
        (2) Graduation rate.
        (3) Postsecondary enrollment.
        (4) ACT and SAT scores.
        (5) College readiness data.
        (6) Student attendance.
        (7) Faculty proficiency.
        (8) Any other benchmark the department considers appropriate.
    Sec. 2. The department shall designate a school corporation to which this chapter applies as a high performing school corporation.
    Sec. 3. The following statutes and rules are waived for a high performing school corporation:
        IC 20-30-2-2 (length of student instructional days).
        IC 20-30-2-3 (minimum number of student instructional days).
        IC 20-30-2-4 (penalty for failure to conduct minimum number of student instructional days).
        IC 20-30-2-7 (minimum length of school term).
        IC 20-30-14-2(6) (application requirements for community or

volunteer service credits).
        511 IAC 6-8-2 (necessity for a waiver to implement nonstandard courses and curriculum programs).
    Sec. 4. If a high performing school corporation fails to meet or exceed the benchmarks set forth in section 1 of this chapter for a school year, the department shall place the school corporation on probation for the following school year. If the school corporation fails to meet or exceed the benchmarks set forth in section 1 of this chapter for a second consecutive school year, the department shall remove the school corporation's designation as a high performing school corporation.