January 27, 2012
SENATE BILL No. 384
DIGEST OF SB 384
(Updated January 25, 2012 8:07 pm - DI 116)
Citations Affected: IC 20-19; IC 20-20; IC 20-26; IC 20-31; IC 21-12.
Synopsis: School accreditation. Makes various changes, beginning in
2013, to the manner in which a school may be accredited under a
performance based accreditation system. Provides that a school may be
accredited under a performance based accreditation system approved
by the Indiana state board of education (state board) or by a national or
regional accreditation agency that is approved by the state board.
Provides that the state board shall establish: (1) a system for approving
agencies or entities that seek to accredit schools in Indiana under this
chapter; and (2) a procedure for determining whether a school is
making progress toward meeting the criteria for accreditation by a
national or regional accreditation agency approved by the state board.
Provides that the Indiana department of education (department) shall
establish a schedule for verifying compliance with legal standards and
shall report noncompliance to the state board. Requires the state board
to verify compliance with legal standards and to adopt rules to establish
consequences of noncompliance. Requires the department to publish
on its Internet web site the accreditation status and legal compliance
status of each school and school corporation. Eliminates the
probationary accreditation status. Provides that the department shall
determine when a school or a school corporation has complied with
certain legal standards. Provides that the department may conduct an
onsite evaluation of a school or school corporation to make a
recommendation to the state board as to the legal compliance status of
the school or school corporation. Makes conforming amendments.
Makes technical corrections.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Education and Career
January 26, 2012, 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
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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
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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
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between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 384
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-19-2-8; (12)SB0384.1.1. -->
SECTION 1. IC 20-19-2-8, AS AMENDED BY P.L.145-2011,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. (a) In addition to any other powers and duties
prescribed by law, the state board shall adopt rules under IC 4-22-2
concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) This subdivision expires December 31, 2011. The
establishment and maintenance of minimum standards for driver
education programs (including classroom instruction and practice
driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
(A) IC 20-31-4 before July 1, 2013, or IC 20-31-4.5 after
June 30, 2013;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
(E) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
(6) The distribution of funds and revenues appropriated for the
support of schools in the state.
(7) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(8) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
(9) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
(10) Subject to IC 20-28-2, the preparation and licensing of
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
SOURCE: IC 20-20-29-4; (12)SB0384.1.2. -->
SECTION 2. IC 20-20-29-4, AS ADDED BY P.L.1-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. A pilot program eligible to be funded under this
chapter must include all of the following:
(1) School based management models.
(2) Parental involvement strategies.
(3) Innovative integration of curricula, individualized education
programs, nonstandard courses, or textbook adoption in the
school improvement plan described under
IC 20-31-4-6(5) before July 1, 2013, or IC 20-31-4.5-7(5) after
June 30, 2013.
(4) Training for participants to become effective members on
school/community improvement councils.
SOURCE: IC 20-26-15-5; (12)SB0384.1.3. -->
SECTION 3. IC 20-26-15-5, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. Notwithstanding any other law, the operation
of the following is suspended for a freeway school corporation or a
freeway school if the governing body of the school corporation elects
to have the specific statute or rule suspended in the contract:
(1) The following statutes and rules concerning curriculum and
511 IAC 6-7-6
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning textbooks:
IC 20-20-5-1 through IC 20-20-5-4
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4 before July 1, 2013, or IC 20-31-4.5 after June
30, 2013, concerning the performance based accreditation system.
(6) IC 20-32-5, concerning the ISTEP program established under
IC 20-32-5-15, if an alternative locally adopted assessment
program is adopted under section 6(7) of this chapter.
SOURCE: IC 20-31-4-18; (12)SB0384.1.4. -->
SECTION 4. IC 20-31-4-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 18. This chapter expires July 1, 2013.
SOURCE: IC 20-31-4.5; (12)SB0384.1.5. -->
SECTION 5. IC 20-31-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 4.5. Performance Based Accreditation
Sec. 1. This chapter applies after June 30, 2013.
Sec. 2. As used in this chapter, "legal standards" means Indiana
statutes and rules adopted by the state board that apply to each
Sec. 3. (a) A school in Indiana may be accredited:
(1) under a performance based accreditation system approved
by the state board; or
(2) by a national or regional accreditation agency that is
approved by the state board.
(b) The state board shall establish the following:
(1) A system for approving agencies or entities that seek to
accredit schools in Indiana under this chapter.
(2) A procedure for determining whether a school is making
progress toward meeting the criteria for accreditation by a
national or regional accreditation agency approved by the
(c) The department shall establish a schedule for verifying
compliance with legal standards under section 7 this chapter and
shall report noncompliance to the state board.
(d) The state board shall verify compliance with legal standards
and shall adopt rules to establish consequences for noncompliance.
Consequences for failure to comply with legal standards may
include but are not limited to compliance reports to the board,
withholding of state tuition support payments, or other actions
considered appropriate by the board to facilitate compliance with
the legal standards.
(e) The department shall establish a schedule for accreditation
by approved agencies or entities under subsection (b).
(f) The department shall publish on its Internet web site the
accreditation status and legal compliance status of each school and
Sec. 4. The state board shall recognize the following
(1) Full accreditation status.
(2) Not fully accredited.
Sec. 5. (a) When all the schools in a school corporation achieve
full accreditation status, the department shall recognize full
accreditation status of the school corporation.
(b) When a school has received accreditation from an
accrediting agency approved by the state board, the department
shall recognize the full accreditation status of the school.
Sec. 6. The state board shall determine which of the benchmarks
and indicators of performance listed in IC 20-20-8-8 are
appropriate benchmarks to be followed by an accrediting agency
when accrediting schools.
Sec. 7. The department shall determine whether a school and a
school corporation have complied with the following legal
(1) Health and safety requirements.
(2) Minimum time requirements for school activity.
(3) Curriculum offerings.
(4) Development and implementation of a staff evaluation
plan under IC 20-28-11.5.
(5) Completion of a school improvement plan that complies
with requirements developed by the state board and:
(A) focuses on student academic performance and growth;
(B) is consistent with metrics for improvement.
(6) Local salary scale under IC 20-28-9-1.
Sec. 8. (a) If the department verifies that a school or a school
corporation has not complied with all the legal standards under
section 7 of this chapter, the department may conduct an onsite
evaluation of the school or school corporation to make a
recommendation to the state board as to the legal compliance
status of the school or school corporation.
(b) The department may not publish or otherwise make
available for public inspection any information concerning a
school's compliance with legal standards under section 7 of this
chapter, the meeting of performance expectations under section 6
of this chapter, the assignment of an onsite review panel by the
department under this section, or the recommended accreditation
status of the school until all onsite reviews have taken place and
recommendations to the state board concerning the accreditation
status of the school have been made.
Sec. 9. During its onsite evaluation, the department shall verify
compliance with the legal standards for accreditation under section
7 of this chapter.
Sec. 10. Upon receipt of the department's recommendation
under section 8 of this chapter, the state board shall compel the
school's or school corporation's compliance with legal standards.
If a school or school corporation refuses to come into compliance,
it shall be recognized as not fully accredited.
Sec. 11. The state board shall adopt rules under IC 4-22-2
necessary to implement this chapter.
SOURCE: IC 21-12-6-5; (12)SB0384.1.6. -->
SECTION 6. IC 21-12-6-5, AS AMENDED BY P.L.169-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) To qualify to participate in the program, a
student must meet the following requirements:
(1) Be a resident of Indiana.
(A) enrolled in grade 7 or 8 at a:
(i) public school; or
(ii) nonpublic school that is accredited either by the state
board of education or by a national or regional accrediting
agency whose accreditation is accepted as a school
improvement plan under IC 20-31-4-2 before July 1, 2013,
or IC 20-31-4.5-3 after June 30, 2013;
(B) otherwise qualified under the rules of the commission that
are adopted under IC 21-11-9-4 to include students who are in
grades other than grade 8 as eligible students.
(3) Be a member of a household with an annual income of not
more than the amount required for the individual to qualify for
free or reduced priced lunches under the national school lunch
program, as determined for the immediately preceding taxable
year for the household.
(4) Agree, in writing, together with the student's custodial parents
or guardian, that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an eligible institution;
(B) not illegally use controlled substances (as defined in
(C) not commit a crime or an infraction described in
(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
(E) timely apply, when the eligible student is a senior in high
(i) for admission to an eligible institution; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an eligible
(F) achieve a cumulative grade point average upon graduation
(i) at least 2.0, if the student graduates from high school
before July 1, 2014; and
(ii) at least 2.5, if the student graduates from high school
after June 30, 2014;
on a 4.0 grading scale (or its equivalent if another grading
scale is used) for courses taken during grades 9, 10, 11, and
(G) participate in an academic success program required under
the rules adopted by the commission and the commission for
higher education, if the student initially enrolls in the program
after June 30, 2011.
(b) A student is also qualified to participate in the program if the
(1) before or during grade 7 or grade 8, is placed by or with the
consent of the department of child services, by a court order, or by
a child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home;
(2) agrees in writing, together with the student's caseworker (as
defined in IC 31-9-2-11), to the conditions set forth in subsection
(3) except as provided in subdivision (2), otherwise meets the
requirements of subsection (a).
(c) The commission may require that an applicant apply
electronically to participate in the program using an online Internet
application on the commission's web site.