HB 1358-1_ Filed 02/12/2013, 14:34
Adopted 2/14/2013


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
4

MR. SPEAKER:
    Your Committee on       Education     , to which was referred       House Bill 1358     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 3, line 2; (13)AM135801.3. -->     Page 3, line 2, delete "school" and insert school, including a charter school,".
    Page 3, line 3, after "of the" insert " charter school or the".
    Page 3, line 5, delete "An" and insert " This section does not apply to a designated school that is a charter school.
     (b) An".
    Page 3, line 8, after "of the" insert " number of".
    Page 3, line 10, delete "conversion, which must be completed" and insert " conversion; or".
    Page 3, delete lines 11 through 12.
    Page 3, line 15, delete "(b)" and insert " (c)".
    Page 3, line 15, after "of the" insert " number of".
    Page 3, line 18, delete "operated" and insert " supported".
    Page 3, line 18, delete "The petition must be".
    Page 3, delete lines 19 through 20, begin a new paragraph and insert:
    " Sec. 3. (a) This section applies to a designated school that is a charter school.
    (b) An existing charter school that is a designated school may be transferred to the school corporation whose attendance area includes the location of the charter school that is a designated school. The charter school that is a designated school may be transferred to the school corporation if the parents of at least fifty-one percent (51%) of the number of students who attend the designated school have signed a petition requesting the transfer.
".
    Page 3, line 21, delete "Sec. 3." and insert " Sec. 4.".
    Page 4, line 15, delete "acquired" and insert " specified in IC 20-52-3-2.".
    Page 4, delete line 16.
    Page 4, line 18, delete "in the requisite time frame".
    Page 4, line 19, after "body." insert " For purposes of determining the number of valid signatures required to implement the reorganization options under IC 20-52-3, the total number of students considered to be enrolled at the school is the number of student population on the date on which the petition is submitted to the governing body.".
    Page 4, line 25, after "(a)" insert " This subsection does not apply to the transfer of the operation of charter school that is a designated school to a school corporation.".
    Page 4, between lines 35 and 36, begin a new paragraph and insert:
    " (b) This subsection applies to the transfer of the operation of a charter school that is a designated school to a school corporation. The group circulating the petition must submit the petition to the governing body of the charter school that is a designated school. The governing body of the charter school shall deliver the petition and the roster of students who attend the charter school that is a designated school, including the adresses and the names of the parents of the students, to the state board. The state board shall verify:
        (1) each signature as being that of a parent in a household; and
        (2) that the number of times an adult member signed the

petition does not exceed the number of students in the household who attend the charter school that is a designated school.".
    Page 4, line 36, delete "(b)" and insert " (c)".
    Page 4, line 36, delete "subsection (a)," and insert " subsections (a) and (b),".
    Page 4, line 39, delete "(c)" and insert " (d)".
    Page 4, line 39, delete "subsection (a)," and insert " subsections (a) and (b),".
    Page 4, line 41, after "in the" insert " designated".
    Page 5, line 30, after "the" insert " conversion charter".
    Page 6, between lines 10 and 11, begin a new paragraph and insert:
    " Chapter 7. Transfer of the Operation of a Charter School
    Sec. 1. (a) After the state board has approved a petition to transfer the operation of a charter school that is a designated school to the school corporation whose attendance area includes the location of the charter school that is a designated school:
        (1) notwithstanding any other law, the charter of the designated school is revoked on the date established in section 2 of this chapter;
        (2) the charter school that is a designated school and the governing body of the school corporation shall work together to resolve issues relating to the transfer of the operation of the school; and
        (3) unless the governing body of the school corporation and the charter school otherwise agree, the governing body of the school corporation whose attendance area includes the location of the charter school must offer to purchase the charter school that is a designated school, and the amount of the offer must include:
            (A) a debt relating to the charter school that is authorized by the state board under IC 20-52-8-1; and
            (B) either:
                (i) for a school building obtained by a charter school under IC 20-26-7-1, the costs for improvements made by the charter school that is a designated school to the school building, determined in the manner prescribed by the state board; or


                (ii) for a school building that was not obtained by a charter school under IC 20-26-7-1, the value of the school building based upon an appraisal of the property.
    (b) If the charter school that is a designated school refuses the offer to purchase the school building under subsection (a), the governing body of the school corporation shall provide educational service to the students of the charter school at a location determined by the governing body of the school corporation.
    Sec. 2. Unless the petition specifies otherwise or the state board specifies a different date, the transfer of the operation of a charter school that is a designated school to a school corporation becomes effective on the first day of the school year that begins in the calendar year immediately following the calendar year in which the petition was approved.
    Sec. 3. The charter school that is a designated school shall share all student records with the school corporation to which the operation of the school has been transferred.
    Sec. 4. (a) A conversion charter school shall accept all students who attended the school before its conversion and who wish to attend the conversion charter school.
    (b) Students who attended the conversion charter school before the school's conversion and who do not wish to attend the conversion charter school shall be assigned to other schools operated by the school corporation.
".
    Page 6, line 11, delete "Chapter 7," and insert " Chapter 8.".
    Page 6, after line 23, begin a new line block indented and insert:
        " (6) Requirements for the transfer of the operation of a charter school that is a designated school to a school corporation, including the types of debts that a school corporation must include in an offer to purchase a charter school building under IC 20-52-7-1.
SOURCE: IC 36-1.5-4-7; (13)AM135801.5. -->     SECTION 5. IC 36-1.5-4-7, AS AMENDED BY P.L.26-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) In the year before the year in which the participating political subdivisions are reorganized under this chapter:
        (1) subject to subsection (b), the fiscal bodies of the reorganizing political subdivisions shall, in the manner provided by IC 6-1.1-17, adopt tax levies, tax rates, and a budget for the

reorganized political subdivision either through the adoption of substantially identical resolutions adopted by each of the fiscal bodies or, if authorized in the plan of reorganization, through a joint board established under an agreement of the fiscal bodies on which the members of each of the fiscal bodies are represented; and
        (2) if the reorganized political subdivision will have elected offices and different election districts than any of the reorganizing political subdivisions, the legislative bodies of the reorganizing political subdivisions shall establish the election districts either through the adoption of substantially identical resolutions adopted by each of the legislative bodies or, if authorized in the plan of reorganization, through a joint board established under an agreement of the legislative bodies on which the members of each of the legislative bodies are represented.
    (b) This subsection applies to two (2) or more school corporations that participate in a reorganization in which the voters approve a plan of reorganization in a general election and the plan of reorganization provides for the reorganization to become effective for property taxes first due and payable in the immediately following calendar year. The participating school corporations may publish notices, hold public hearings, and take final action for the adoption of property tax levies, property tax rates, and a budget for the reorganized school corporation after the voters approve the plan of reorganization. The alternative schedule must comply with the following:
        (1) Each participating school corporation shall give notice by publication to taxpayers of:
            (A) the estimated budget;
            (B) the estimated maximum permissible levy;
            (C) the current and proposed tax levies of each fund; and
            (D) the amounts of excessive levy appeals to be requested;
        for the ensuing year. The notice must be published twice in accordance with IC 5-3-1 with the first publication at least ten (10) days before the date fixed for the public hearing and with the last publication not later than November 24 of the year the public question is approved by the voters.
        (2) Each participating school corporation must conduct a public hearing on the proposed tax levies, tax rates, and budget at least

ten (10) days before the date the participating school corporation adopts the proposed tax levies, tax rates, and budget.
        (3) The governing body of each participating school corporation must meet to fix the tax levies, tax rates, and budget for the ensuing year before December 6 of the year the public question is approved by the voters.
        (4) The county auditor shall certify the adopted property tax levies, property tax rates, and budget for the reorganized school corporation to the department of local government finance before December 8 in the year in which the public question is approved by the voters.
The department of local government finance may adjust any other applicable time limit specified in IC 6-1.1-17 to be consistent with this section. However, the department of local government finance is expressly directed to complete the duties assigned to it under IC 6-1.1-17-16 with respect to the submitted property tax levies, property tax rates, and budget not later than February 15 in the ensuing year.
    (c) If a school is converted into a charter school under IC 20-24-11, IC 20-52-5, the charter school must, before December 1 of each year, publish its estimated annual budget for the ensuing year in accordance with IC 5-3-1.".
    (Reference is to HB 1358 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Behning


AM135801/DI 116    2013