Citations Affected: IC 20-20-32.5; IC 20-26-13-10; IC 20-30-4-6; IC 20-31; IC 20-32;
IC 20-33-2-28.6; IC 21-18.5-4-8.5; IC 21-43-4.
Synopsis: Remediation. Provides that the education roundtable, with approval by the state board of education (state board), shall develop the rewarding innovation, technology, and excellence (RITE) program to provide grants rewarding schools that have exhibited improvement toward benchmarks established by the state board of education. Provides that a school corporation that applies for a grant under the RITE program must demonstrate how the school corporation's: (1) innovation; (2) use of technology; or (3) other efforts to achieve excellence; have led to improvement in meeting the benchmarks. Specifies that grants under the RITE program must be made from the innovation fund. Provides that the amounts necessary to make grants under the RITE program are appropriated from the innovation fund. Provides that a school corporation receiving a grant under the RITE program must match the grant at a rate that is at least $1 of local money for each $1 granted to the school corporation. Limits to $50,000 the total amount of all grants that may be made to a particular school corporation under the RITE program. Limits to $1,000,000 the total amount of all grants that may be made to all school corporations under the RITE program for all state fiscal years. Repeals provision for certain graduation standards for students before July 1, 2010. Provides that if a student is not progressing toward fulfillment of the student's graduation plan due to not achieving a passing score on the graduation examination, the school counselor shall meet with the: (1) student; (2) student's parent; and (3) student's teacher in the subject matter in which the student has not received a passing score on the graduation examination; to discuss available remediation and to plan to meet the requirements necessary for a graduation waiver. Requires a secondary school's strategic and continuous school improvement and achievement plan to include a provision to reduce the number of graduation waivers. Requires the principal of a public school to inform a student and a parent of the student transferring to a nonaccredited nonpublic school of the legal responsibilities of transferring to a nonaccredited nonpublic school. Provides that the principal and the parent must sign a form to acknowledge that the parent understands the legal requirements of transferring to a nonaccredited nonpublic school. Provides that if the parent refuses to sign the form, the student is considered a dropout and shall be: (1) reported to the bureau of motor vehicles for purposes of revoking the student's driver's license or learner's permit; and (2) considered a dropout for purposes of calculating the high school's dropout rate. Provides that the education roundtable, when making recommendations to the state board
regarding the methods of measuring school improvement, may consider the remedial needs of students who are likely to fail a graduation exam or require remedial work while attending a postsecondary educational institution or workforce training program. Provides that the remediation grant program may provide grants to school corporations to prevent the need for postsecondary or workforce training remediation or to decrease the likelihood that a student may fail a graduation examination. Provides that, not later than July 1, 2013, the state board, in consultation with the department of education (department), the education roundtable, the commission for higher education, and the department of workforce development, shall develop guidelines to assist secondary schools in identifying a student who is likely to: (1) fail a graduation examination; or (2) require remedial work at a postsecondary educational institution or workforce training program if the student subsequently attends a postsecondary educational institution or workforce training program upon graduation. Provides that the guidelines must include: (1) indicators to assist school personnel in determining whether a student may be in need of supplemental instruction or remediation; and (2) standards and guidelines for secondary school personnel to use in determining when a student is required to be assessed using a college and career readiness exam. Provides that the guidelines may provide best practices and strategies for improving services and support provided by a school to assist a student in achieving the level of academic performance that is appropriate for the student's grade level to minimize: (1) the likelihood that a student may fail a graduation exam; or (2) the necessity for postsecondary remedial course work by the student. Provides that if the appropriate school official determines, using the indicators established in the guidelines, that a student before the spring semester, or the equivalent, of grade 11 will likely require remedial work at a postsecondary educational institution or workforce training program or fail a graduation examination, the school official shall require the student to take a college and career readiness exam. Provides that a school official shall, based on the results of the exam, determine if the student is in need of additional remediation or instruction in a particular subject matter contained in the exam. Provides that a student who has been identified to need additional remedial work must pass a college and career readiness exam before the student may enroll in a dual credit course in a subject matter related to the subject matter in which the student has been identified to need additional remedial work. Provides that a school official shall inform the student's parent of the likelihood that the student will require remedial work while the student attends a postsecondary educational institution or workforce development program. Provides that a school official may establish a remediation or supplemental instruction plan with the student's parent. Requires the state board, in consultation with the department, to develop criteria to be used by the department to identify secondary schools with the highest graduation waiver rate percentages in the state that may require the establishment of a school wide remediation plan. Provides that the state board shall place the school and the school corporation on notice that the school has exceeded the percentage of graduation waivers under the criteria established by the state board and require the school to develop a school-wide remediation plan. Provides that, after June 30, 2014, certain students who receive a graduation waiver, other than the work readiness waiver, and who obtain a general curriculum diploma are disqualified from receiving any state scholarships, grants, or assistance administered by the commission for higher education unless the students pass a career and college readiness exam. Provides that, beginning after June 30, 2014, a student must achieve at least the equivalent of a 2.0 on a 4.0 unweighted grading scale in order for the student to receive postsecondary credit on a dual credit course or double up program course taught in a high school setting. (This conference committee report: (1) replaces the current provisions of EHB 1005 with the provisions contained in HB 1005 as it left the house of representatives; (2) adds HB 1413; (3) adds language that provides that a student enrolled in a dual credit course must achieve a 2.0 on a 4.0 scale in a course taught in a high school setting to receive postsecondary credit for the course and provides that if the student does not achieve a 2.0 in the course, the dual credit teacher shall not submit the grade for the dual credit course to the eligible institution; (4) adds a provision that requires the state board, in consultation with the department, to develop criteria to be used by the department to identify secondary schools with the highest graduation waiver rate percentages in the state that may require the establishment of a school wide remediation plan; (5) adds a provision that provides that
the state board shall place the school and the school corporation on notice that the school
has exceeded the percentage of graduation waivers using the criteria established by the
state board and require the school to develop a school-wide remediation plan; (6) makes
changes to a provision requiring a guidance counselor to meet with the student's teacher
if the student has not achieved a passing score on the student's graduation examination; (7)
makes certain changes to a provision pertaining to obtaining a graduation waiver with an
industry certification; (8) resolves conflicts with SEA 406-2013.)
Effective: Upon passage; July 1, 2013.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1005 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Delete everything after the enacting clause and insert the following:
benchmarks established by the state board under section 4 of this
chapter.
(b) The grants under the RITE program shall be made from the
innovation fund established by P.L.229-2011. The amounts
necessary to make the grants under the RITE program are
appropriated from the innovation fund.
Sec. 4. (a) The state board shall develop benchmarks to be used
for purposes of awarding grants under the RITE program.
(b) A school corporation that applies for a grant under the
RITE program must demonstrate how the school corporation's:
(1) innovation;
(2) use of technology; or
(3) other efforts to achieve excellence;
have led to improvement in meeting the benchmarks developed
under subsection (a).
Sec. 5. (a) The education roundtable shall develop standards and
guidelines for school corporations that wish to apply for a grant
under the RITE program.
(b) The education roundtable shall determine which
benchmarks are appropriate for a particular school corporation
applying for a grant under the RITE program.
(c) A school corporation applying for a grant under the RITE
program shall, for two (2) school years, certify to the education
roundtable the information requested by the education roundtable
to determine the school corporation's improvement in meeting the
benchmarks developed under section 4(a) of this chapter.
Sec. 6. After reviewing an application submitted by a school
corporation and the information submitted by the school
corporation under section 5(c) of this chapter, the education
roundtable may determine that the school corporation is entitled
to a grant under the RITE program. If the education roundtable
makes a determination to award a grant to a school corporation,
the education roundtable shall determine the amount of the grant
and the restrictions, if any, on the purposes for which the grant
may be used.
Sec. 7. A school corporation receiving a grant under the RITE
program must match the grant at a rate that is at least one dollar
($1) of local money for each one dollar ($1) granted to the school
corporation. The local money used to match the grant may include
money from the school corporation, a public school foundation, a
community foundation, or any other private source.
Sec. 8. (a) The total amount of all grants that may be made to a
particular school corporation under the RITE program for all
state fiscal years may not exceed fifty thousand dollars ($50,000).
(b) The total amount of all grants that may be made to all school
corporations under the RITE program for all state fiscal years may
not exceed one million dollars ($1,000,000).
is the percentage determined under STEP FIVE of the following
formula:
STEP ONE: Determine the grade 9 enrollment at the beginning of
the reporting year three (3) years before the reporting year for
which the graduation rate is being determined.
STEP TWO: Add:
(A) the number determined under STEP ONE; and
(B) the number of students who:
(i) have enrolled in the high school after the date on which
the number determined under STEP ONE was determined;
and
(ii) have the same expected graduation year as the cohort.
STEP THREE: Subtract from the sum determined under STEP
TWO the number of students who have left the cohort for any of
the following reasons:
(A) Transfer to another public or nonpublic school.
(B) Except as provided in IC 20-33-2-28.6, removal by the
student's parents under IC 20-33-2-28 to provide instruction
equivalent to that given in the public schools.
(C) Withdrawal because of a long term medical condition or
death.
(D) Detention by a law enforcement agency or the department
of correction.
(E) Placement by a court order or the department of child
services.
(F) Enrollment in a virtual school.
(G) Leaving school, if the student attended school in Indiana
for less than one (1) school year and the location of the student
cannot be determined.
(H) Leaving school, if the location of the student cannot be
determined and the student has been reported to the Indiana
clearinghouse for information on missing children and missing
endangered adults.
(I) Withdrawing from school before graduation, if the student
is a high ability student (as defined in IC 20-36-1-3) who is a
full-time student at an accredited institution of higher
education during the semester in which the cohort graduates.
STEP FOUR: Determine the total number of students determined
under STEP TWO who have graduated during the current
reporting year or a previous reporting year.
STEP FIVE: Divide:
(A) the number determined under STEP FOUR; by
(B) the remainder determined under STEP THREE.
student by the student's school to the extent required by the
student's individualized education program.
(iii) Maintains a school attendance rate of at least ninety-five
percent (95%) to the extent required by the student's
individualized education program with excused absences not
counting against the student's attendance.
(iv) Maintains at least a "C" average or the equivalent in the
courses comprising the credits specifically required for
graduation by rule of the board.
(v) Otherwise satisfies all state and local graduation
requirements.
standard in the subject area based on:
(i) tests other than the graduation examination; or
(ii) classroom work.
IC 20-32-4-4 or IC 20-32-4-5; or
(B) minimize the necessity for postsecondary remedial
course work by the student.
Sec. 3. (a) If the appropriate secondary school official
determines, using the indicators established in section 2 of this
chapter, that a student before the spring semester, or the
equivalent, in grade 11:
(1) has failed a graduation exam and may require a
graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; or
(2) will likely require remedial work at a postsecondary
educational institution or workforce training program;
the appropriate secondary school official shall require the student
to take a college and career readiness exam approved by the state
board in consultation with the department, the commission for
higher education established under IC 21-18-2-1, the education
roundtable established under IC 20-19-4-2, and the department of
workforce development under IC 22-4.1-2-1. The cost of the exam
shall be paid by the department.
(b) If a student is required to take an exam under subsection (a),
the appropriate school official shall make a determination based on
the guidelines established in section 2 of this chapter as to whether
the student is in need of additional instruction or remedial action
with respect to a particular subject matter covered in the exam. If
the appropriate school official determines that a student who takes
an exam under subsection (a) is in need of remediation or
supplemental instruction to prevent the need for remediation at a
postsecondary educational institution or workforce development
program, the appropriate school official shall inform the student's
parent:
(1) of the likelihood that the student will require remedial
course work;
(2) of the potential financial impact on the student or the
parent for the additional remedial course work described in
subdivision (1), including that the student may not be eligible
to receive state scholarships, grants, or assistance
administered by the commission for higher education; and
(3) of the additional time that may be required to earn a
degree;
while the student attends a postsecondary educational institution
or workforce development program. The appropriate secondary
school official may establish a remediation or supplemental
instruction plan with the student's parent.
(c) Before a student determined to need additional instruction
or remedial action under subsection (b) with respect to a particular
subject matter may enroll in a dual credit course under IC 21-43
in the same subject matter or a related subject matter, the student
may receive additional instruction or remedial course work and
must retake the examination described in subsection (a). If the
appropriate school official determines that the student no longer
requires additional instruction or remedial action under the
guidelines established under section 2 of this chapter after retaking
the exam under this section, the student may enroll in a dual credit
course under IC 21-43. The cost of the administration of the exam
under this subsection shall be paid by the department.
Sec. 4. (a) The state board, in consultation with the department,
shall develop criteria to be used by the department to identify
secondary schools with the highest graduation waiver rate
percentages in Indiana that may require the establishment of a
school wide remediation plan.
(b) Beginning in the 2013-2014 school year, the department shall
identify schools that must be placed on notice under subsections (c)
and (d) using the criteria established under subsection (a).
(c) This subsection applies the first year a school is identified
under subsection (b). The state board shall place the school and the
school corporation on notice that the school has exceeded the
percentage of graduation waivers determined under subsection (a).
Upon receiving notice that the school exceeded the percentage of
graduation waivers, the school shall develop a school wide
remediation plan developed by the school corporation and submit
the plan to the department.
(d) This subsection applies if, in the second or a subsequent year
after the initial identification under subsection (b), a school
continues to be identified under subsection (b). The state board
shall place the school and the school corporation on notice that the
school has exceeded the percentage of graduation waivers
determined by the criteria established in subsection (a). Upon
receiving notice that the school exceeded the percentage of
graduation waivers, the school shall collaborate with the
department to develop and implement a revised school wide
remediation plan.
apply to a student who:
(1) receives a graduation waiver under IC 20-32-4-4; and
(2) receives a general diploma by satisfying the conditions set
forth in IC 20-32-4-4, including, with respect to
IC 20-32-4-4(6), the condition set forth in IC 20-32-4-4(6)(B);
if the student has an individualized education program under
IC 20-35-7.
(b) Except as provided in subsection (a), this section applies to
a student who receives a graduation waiver under IC 20-32-4-4
after June 30, 2014.
(c) Notwithstanding any other law, and except as provided in
subsection (e), a student who:
(1) receives a graduation waiver under IC 20-32-4-4; and
(2) receives a general diploma by satisfying the conditions set
forth in IC 20-32-4-4, including, with respect to
IC 20-32-4-4(6), the condition set forth in IC 20-32-4-4(6)(B);
is disqualified from receiving state scholarships, grants, or
assistance administered by the commission unless the student
passes a college and career readiness exam described in
IC 20-32-9-3.
(d) The college and career readiness exam taken by a student
under subsection (c) shall be administered by the secondary school
that granted the student the graduation waiver. The cost of the
exam shall be paid by the department.
(e) A student described in subsection (c) is not disqualified from
receiving state scholarships, grants, or assistance administered by
the commission for credit bearing degree seeking courses, as
mutually defined by the commission and the postsecondary
educational institution offering the course.
setting in which a student enrolls after June 30, 2014. A student
must achieve at least the equivalent of a 2.0 on a 4.0 unweighted
grading scale, as established by the eligible institution, in order for
the student to receive postsecondary credit for the course. If the
student achieves less than the equivalent of a 2.0 on a 4.0
unweighted grading scale, as established by the eligible institution,
the dual credit teacher shall not submit the grade for the dual
credit course to the eligible institution.
S
igned by:
____________________________ ____________________________
Representative Clere Senator Yoder
Chairperson
____________________________ ____________________________
Representative Smith V Senator Rogers
House Conferees Senate Conferees