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 CR132602/DI 71 2012