HB 1326-1_ Filed 02/23/2012, 11:33

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Education and Career Development, to which was referred House Bill No. 1326, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 2, line 28; (12)CR132602.2. -->     Page 2, line 28, after "superintendent" insert " of public instruction".
    Page 3, delete lines 23 through 31.
    Page 4, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 12-32-1-3; (12)CR132602.8. -->     "SECTION 8. IC 12-32-1-3, AS ADDED BY P.L.171-2011, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) As used in this chapter, "state or local public benefit" has the meaning set forth in 8 U.S.C. 1621.
    (b) The term includes:
        (1) a postsecondary education award, including a scholarship, a grant, or financial aid, except for a scholarship, a grant, or financial aid that is awarded to an international student with bona fide legal status who is enrolled in a state educational institution; and
        (2) except for an individual who was enrolled in a state educational institution on or before July 1, 2011, the resident tuition rate (as determined by the state educational institution).".
SOURCE: Page 14, line 12; (12)CR132602.14. -->     Page 14, delete lines 12 through 14, begin a new paragraph and insert:
SOURCE: IC 20-20-17-6; (12)CR132602.36. -->     "SECTION 36. IC 20-20-17-6, AS ADDED BY P.L.1-2005,

SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The department may award grants to school corporations:
        (1) upon review of the applications received under section 5 of this chapter;
        (2) upon receipt of the recommendations from the advisory committee under section 10 of this chapter;
        (3) (2) subject to available money; and
        (4) (3) in accordance with the following priorities:
            (A) To the extent possible, to achieve geographic balance throughout Indiana and to include urban, suburban, and rural school corporations.
            (B) To address a documented need for new or expanded school intervention or career counseling programs, including considering the percentage of students within the school corporation who are designated as at risk students.
            (C) To promote innovative methods for initiating or expanding school intervention or career counseling programs.
            (D) To reward school corporations that propose school intervention or career counseling programs that demonstrate the greatest potential for replication and implementation in Indiana.
            (E) To lower school counselor/student ratios where the ratios are excessively high.

SOURCE: IC 20-20-17-10; (12)CR132602.37. -->     SECTION 37. IC 20-20-17-10 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 10. (a) An advisory committee composed of five (5) members is established.
    (b) The state superintendent shall appoint the members of the advisory committee.
    (c) The state superintendent shall:
        (1) convene the advisory committee; and
        (2) act as chair of the advisory committee.
The state superintendent may not be a member of the advisory committee.
    (d) An employee of:
        (1) the governor; or
        (2) the department of education;
is eligible for appointment to the advisory committee.
    (e) A member of the advisory committee serves at the pleasure of the appointing authority.
    (f) A member of the advisory committee is not entitled to the following:
        (1) The minimum salary per diem provided in IC 4-10-11-2.1(b).
        (2) Reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties.
    (g) The advisory committee shall do the following:
        (1) Assist the department in developing the guidelines described in section 9 of this chapter.
        (2) Establish standards for qualifying for a grant under this chapter.
        (3) Review grant applications and make recommendations to the state superintendent concerning the awarding of grants.
        (4) Evaluate the impact and results of the various school intervention and career counseling programs receiving grants under this chapter.".
SOURCE: Page 17, line 42; (12)CR132602.17. -->     Page 17, line 42, after "IC 20-32-8," insert " and IC 20-32-8.5-2(b).".
    Page 18, strike lines 1 through 3.
    Page 18, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 20-26-7-1; (12)CR132602.60. -->     "SECTION 60. IC 20-26-7-1, AS AMENDED BY P.L.91-2011, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:Sec. 1. (a) If a governing body of a school corporation determines that any real or personal property:
        (1) is no longer needed for school purposes; or
        (2) should, in the interests of the school corporation, be exchanged for other property;
the governing body may sell or exchange the property in accordance with IC 36-1-11.
    (b) Money derived from the sale or exchange of property under this section shall be placed in any school fund:
        (1) established under applicable law; and
        (2) that the governing body considers appropriate.
    (c) A governing body may not make a covenant that prohibits the sale of real property to another educational institution.
    (d) This subsection does not apply to a school building that on July 1, 2011, is leased or loaned by the school corporation that owns the

school building to another entity. A governing body shall make available for lease or purchase to any charter school (as defined in IC 20-24-1-4) any school building owned by the school corporation that:
        (1) either:
            (A) is not used in whole or in part for classroom instruction at the time the charter school seeks to lease the building; or
            (B) appears on the list compiled by the department under subsection (e); and
        (2) was previously used for classroom instruction;
in order for the charter school to conduct classroom instruction.
    (e) Each governing body shall inform the department whenever a school building that was previously used for classroom instruction is closed, unused, or unoccupied. The department shall maintain a list of closed, unused, or unoccupied school buildings and make the list available on the department's Internet web site. Each school corporation shall provide a list of closed, unused, or unoccupied buildings to the department by the date set by the department. The department must update the list each year before August 31.
    (f) A school building that appears for the first time on the department's list under subsection (e) shall be designated as "Unavailable until (a date two (2) years after the school building first appears on the list)" if the governing body of the school corporation that owns the school building indicates the school building may be reclaimed during that period for classroom instruction, which must begin not later than one (1) year after the school building is reclaimed. If the school building remains unused for classroom instruction one (1) year after being reclaimed, the governing body shall place the school building on the department's list. A governing body may reclaim a school building only one (1) time under this subsection.
    (g) If a charter school wishes to use a school building on the list created under subsection (e), the charter school shall send a letter of intent to the department. The department shall notify the school corporation of the charter school's intent, and the school corporation that owns the school building shall lease the school building to the charter school for one dollar ($1) per year for as long as the charter school uses the school building for classroom instruction or for a term at the charter school's discretion, or sell the school building to the

charter school for one dollar ($1). The charter school must begin to use the school building for classroom instruction not later than two (2) years after acquiring the school building. If the school building is not used for classroom instruction within two (2) years after acquiring the school building, the school building shall be placed on the department's list under subsection (e). If during the term of the lease the charter school closes or ceases using the school building for classroom instruction, the school building shall be placed on the department's list under subsection (e).
    (h) During the term of a lease under subsection (g), the charter school is responsible for the direct expenses related to the school building leased, including utilities, insurance, maintenance, repairs, and remodeling. The school corporation is responsible for any debt incurred for or liens that attached to the school building before the charter school leased the school building.
    (i) If a school building appears on the department's list under subsection (e) for at least forty-eight (48) months, the school corporation may sell or otherwise dispose of the school building in any manner the governing body considers appropriate.
     (j) This subsection and subsection (k) apply if a governing body believes that there is little likelihood that a charter school is interested in leasing or purchasing a school building that was previously used for classroom instruction. The governing body shall:
        (1) inform the department; and
        (2) send notice by certified mail to each charter school sponsor and a statewide organization representing charter schools;

that the governing body wishes to dispose of a school building to which this subsection applies without placing the school building on the list maintained by the department under subsection (e).
    (k) Not later than thirty (30) days after sending notice under subsection (j), if a charter school sponsor or a statewide organization representing charter schools does not respond to the notice objecting to the school building's disposal, the state superintendent may grant the governing body a waiver from being placed on the department's list and the governing body may dispose of the school building in any lawful manner. If a charter

school sponsor or a statewide organization representing charter schools objects to the school building's disposal, the governing body shall place the school building on the department's list under subsection (e).".

SOURCE: Page 22, line 25; (12)CR132602.22. -->     Page 22, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 20-30-5-7; (12)CR132602.67. -->     "SECTION 67. IC 20-30-5-7, AS AMENDED BY P.L.86-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. Each school corporation shall include in the school corporation's curriculum the following studies:
        (1) Language arts, including:
            (A) English;
            (B) grammar;
            (C) composition;
            (D) speech; and
            (E) second languages; and
            (F) cursive writing.

        (2) Mathematics.
        (3) Social studies and citizenship, including the:
            (A) constitutions;
            (B) governmental systems; and
            (C) histories;
        of Indiana and the United States, including a study of the Holocaust in each high school United States history course.
        (4) Sciences.
        (5) Fine arts, including music and art.
        (6) Health education, physical fitness, safety, and the effects of alcohol, tobacco, drugs, and other substances on the human body.
        (7) Additional studies selected by each governing body, subject to revision by the state board.".
SOURCE: Page 25, line 8; (12)CR132602.25. -->     Page 25, delete lines 8 through 21.
    Page 25, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 20-32-8.5-2; (12)CR132602.79. -->     "SECTION 79. IC 20-32-8.5-2, AS ADDED BY P.L.109-2010, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Except as provided in subsection (b), the plan required by this chapter must include the following:
        (1) Reading skill standards for grade 1 through grade 3.
        (2) An emphasis on a method for making determinant evaluations by grade 3 that might require remedial action for the student,

including retention as a last resort, after other methods of remediation have been evaluated or used, or both, if reading skills are below the standard. Appropriate consultation with parents or guardians must be part of the plan.
        (3) The fiscal impact of each component of the plan, if any. In determining whether a component has a fiscal impact, consideration shall be given to whether the component will increase costs to the state or a school corporation or require the state or school corporation to reallocate resources.
     (b) For a charter school, a plan required by this chapter may include only the following:
        (1) A method for making determinant evaluations of reading skills by grade 3.
        (2) Retention as a last resort for students reading below grade level as measured by the evaluation or assessment.
".

SOURCE: Page 25, line 34; (12)CR132602.25. -->     Page 25, after line 34, begin a new paragraph and insert:
SOURCE: IC 21-14-11-1; (12)CR132602.81. -->     "SECTION 81. IC 21-14-11-1, AS ADDED BY P.L.209-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) This section does not apply to an individual who was enrolled in a state educational institution on or before July 1, 2011.
    (b)
An individual who is not lawfully present in the United States is not eligible to pay the resident tuition rate that is determined by the state educational institution.
SOURCE: ; (12)CR132602.82. -->     SECTION 82. [EFFECTIVE JULY 1, 2012] (a) As used in this SECTION, "balanced calendar" refers to a calendar for a school year in which:
        (1) any break between instructional days does not exceed six (6) weeks; or
        (2) the instructional days are divided into quarters.
    (b) As used in this SECTION, "legislative council" refers to the legislative council established by IC 2-5-1.1-1.
    (c) As used in this SECTION, "study committee" means either of the following:
        (1) A statutory committee established under IC 2-5.
        (2) An interim study committee.
    (d) The legislative council is urged to assign the following topics to a study committee during the 2012 legislative interim:
        (1) The use of balanced calendars by school corporations.
        (2) Procedures for the implementation or discontinuance of the use of balanced calendars, including the use of referenda.
    (e) If the topics described in subsection (d) are assigned to a study committee, the study committee shall determine whether legislation should be enacted to address the topics, and if so, the study committee shall recommend proposed legislation.
    (f) This SECTION expires December 31, 2012.

SOURCE: ; (12)CR132602.83. -->     SECTION 83. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "committee" refers to an interim study committee to which the legislative council assigns the topics of study described in subsection (c).
     (b) As used in this SECTION, "state educational institution" has the meaning set forth in IC 21-7-13-32.
     (c) The general assembly urges the legislative council to assign the following topics pertaining to state educational institution grading practices to an appropriate committee:
        (1) Grading practices for courses that are required to fill general education requirements at a state educational institution.

         (2) Whether the grade distribution for a required course at a state educational institution may differ depending upon whether the course is taught by a:
            (A) tenured faculty member;
            (B) faculty member who is on a tenure track; or
            (C) contract instructor.

         (3) Whether grading practices for required courses taught at a state educational institution have changed during the five (5) most recent academic years.
         (4) Any other issue pertaining to grading practices at a state educational institution that the legislative council determines is appropriate.
     (d) If the topics described in subsection (c) are assigned to a committee under subsection (c), the committee shall, not later than November 1, 2012, issue a final report to the legislative council concerning the findings and recommendations of the committee concerning the topics described in subsection (c).
    (e) This SECTION expires December 31, 2012.

SOURCE: ; (12)CR132602.84. -->     SECTION 84. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1326 as reprinted January 31, 2012.)

and when so amended that said bill do pass.

Committee Vote: Yeas 5, Nays 4.

____________________________________

    Kruse
Chairperson


CR132602/DI 71    2012