Introduced Version






HOUSE BILL No. 1005

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-30-4-2; IC 20-31; IC 20-32; IC 21-18.5-4-8.5; IC 21-43.

Synopsis: Remediation. Provides that a student's graduation plan may include an indication that the student plans to take a college and career readiness exam approved by the state board of education (state board) in consultation with the commission for higher education, the education roundtable, and the department of workforce development. Provides that a secondary school's strategic and continuous school improvement and achievement plan (plan) must address academic skills of a student to minimize: (1) the likelihood that a student will fail the graduation exam; and (2) the necessity of remedial work of the student while attending a postsecondary educational institution or workforce training program. Provides that the components of a secondary school's plan must include a provision to provide supplemental instruction to address remedial needs of a student who is in need of postsecondary remediation or who is likely to fail the graduation examination. 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 education roundtable, the commission for higher education, and the department

(Continued next page)

Effective: Upon passage; July 1, 2013.





Clere, McNamara




    January 15, 2013, read first time and referred to Committee on Education.





Digest Continued

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 determine whether a student may be in need of supplemental instruction or remediation; and (2) standards and guidelines for secondary school personnel to determine when a student is required to be assessed using college and career readiness exams approved by the state board in consultation with the commission for higher education and the department of workforce development. 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 in 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. Provides that a student must pass a college and career readiness exam before the student may enroll in a dual credit course. Provides that, after June 30, 2014, a student who receives a graduation waiver, other than the work readiness waiver, and obtains a general curriculum diploma is disqualified from receiving any state scholarships, grants, or assistance administered by the commission for higher education. 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. Provides that, beginning after June 30, 2014, a student must achieve an 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.



Introduced

First Regular Session 118th General Assembly (2013)


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, and deletions will appear in this style type.
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. Also, the word NEW 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 or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1005



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-30-4-2; (13)IN1005.1.1. -->     SECTION 1. IC 20-30-4-2, AS AMENDED BY P.L.140-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. In consultation with the student's guidance counselor, after seeking consultation with each student's parents, and not later than the date on which the student completes grade 9, each student shall further develop the graduation plan developed in grade 6 under section 1.5 of this chapter to also include the following:
        (1) The subject and skill areas of interest to the student.
        (2) A program of study under the college/technology preparation curriculum adopted by the state board under IC 20-30-10-2 for grades 10, 11, and 12 that meets the interests and aptitude of the student.
        (3) Assurances that, upon satisfactory fulfillment of the plan, the student:
            (A) is entitled to graduate; and
            (B) will have taken at least the minimum variety and number of courses necessary to gain admittance to a state educational institution.
        (4) An indication of assessments (other than ISTEP and the graduation examination) that the student plans to take voluntarily during grade 10 through grade 12, and which may include any of the following:
            (A) The SAT Reasoning Test.
            (B) The ACT test.
            (C) Advanced placement exams.
            (D) College readiness exams approved by the department.
            (E) Workforce readiness exams approved by the department of workforce development established under IC 22-4.1-2.
            (D) College and career readiness exams approved by the state board in consultation with 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.

SOURCE: IC 20-31-5-4; (13)IN1005.1.2. -->     SECTION 2. IC 20-31-5-4, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A plan must:
        (1) state objectives for a three (3) year period; and
        (2) be annually reviewed and revised to accomplish the achievement objectives of the school.
    (b) A plan must establish objectives for the school to achieve. These achievement objectives must be consistent with academic standards and include improvement in at least the following areas:
        (1) Attendance rate.
        (2) The percentage of students meeting academic standards under the ISTEP program (IC 20-31-3 and IC 20-32-5).
        (3) For a secondary school, graduation rate.
    (c) A plan must address the learning needs of all students, including programs and services for exceptional learners.
     (d) For a secondary school, a plan must address:
        (1) methods of reducing the likelihood that a student may fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; and
        (2) remedial needs of a student to minimize the necessity of remedial work of the student while the student attends a postsecondary educational institution or workforce training program.

    (d) (e) A plan must specify how and to what extent the school expects to make continuous improvement in all areas of the education system where results are measured by setting benchmarks for progress on an individual school basis.
    (e) (f) A plan must note specific areas where improvement is needed immediately.
SOURCE: IC 20-31-5-6; (13)IN1005.1.3. -->     SECTION 3. IC 20-31-5-6, AS AMENDED BY P.L.66-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) A plan must contain the following components for the school:
        (1) A list of the statutes and rules that the school wishes to have suspended from operation for the school.
        (2) A description of the curriculum and information concerning the location of a copy of the curriculum that is available for inspection by members of the public.
        (3) A description and name of the assessments that will be used in the school in addition to ISTEP program assessments.
        (4) A plan to be submitted to the governing body and made available to all interested members of the public in an easily understood format.
        (5) A provision to maximize parental participation in the school, which may include providing parents with:
            (A) access to learning aids to assist students with school work at home;
            (B) information on home study techniques; and
            (C) access to school resources.
        (6) For a secondary school, a provision to do the following:
            (A) Offer courses that allow all students to become eligible to receive an academic honors diploma.
            (B) Encourage all students to earn an academic honors diploma or complete the Core 40 curriculum.
             (C) Provide supplemental instruction to address remedial needs of a student to minimize:
                (i) the necessity of remedial work of the student while the student attends a postsecondary educational institution or workforce training program
; or
                 (ii) the likelihood that a student will fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5.
        (7) A provision to maintain a safe and disciplined learning environment for students and teachers that complies with the governing body's plan for improving student behavior and

discipline developed under IC 20-26-5-32.
        (8) A provision for the coordination of technology initiatives and ongoing professional development activities.
    (b) If, for a purpose other than a plan under this chapter, a school has developed materials that are substantially similar to a component listed in subsection (a), the school may substitute those materials for the component listed in subsection (a).

SOURCE: IC 20-31-8-1; (13)IN1005.1.4. -->     SECTION 4. IC 20-31-8-1, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The performance of a school's students on the ISTEP program test and other assessments recommended by the education roundtable and approved by the state board are the primary and majority means of assessing a school's improvement.
    (b) The education roundtable shall examine and make recommendations to the state board concerning:
        (1) performance indicators to be used as a secondary means of determining school progress;
        (2) expected progress levels, continuous improvement measures, distributional performance levels, and absolute performance levels for schools; and
        (3) an orderly transition from the performance based accreditation system to the assessment system set forth in this article.
    (c) The education roundtable shall consider methods of measuring improvement and progress used in other states in developing recommendations under this section.
     (d) The education roundtable may consider:
        (1) the likelihood that a student may fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; and
        (2) remedial needs of students who are likely to require remedial work while the students attend a postsecondary educational institution or workforce training program;
when making recommendations under this section
.
SOURCE: IC 20-32-8-4; (13)IN1005.1.5. -->     SECTION 5. IC 20-32-8-4, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. The remediation grant program is established to provide grants to school corporations for the following:
        (1) Remediation of students who score below academic standards.
        (2) Preventive remediation for students who are at risk of falling below academic standards.
        (3) For students in a freeway school or freeway school corporation who are assessed under a locally adopted assessment program

under IC 20-26-15-6(7):
            (A) remediation of students who score below academic standards under the locally adopted assessment program; and
            (B) preventive remediation for students who are at risk of falling below academic standards under the locally adopted assessment program.
         (4) Targeted instruction of students to:
            (A) reduce the likelihood that a student may fail a graduation exam and require a graduation waiver under IC 20-32-4-4 or IC 20-32-4-5; or
            (B) minimize the necessity of remedial work of students while the students attend postsecondary educational institutions or workforce training programs.

SOURCE: IC 20-32-9; (13)IN1005.1.6. -->     SECTION 6. IC 20-32-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 9. Postsecondary and Workforce Training Program Remediation Reduction
    Sec. 1. Not later than July 1, 2013, the state board, in consultation with the:
        (1) education roundtable established under IC 20-19-4-2;
        (2) commission for higher education established under IC 21-18-2-1; and
        (3) department of workforce development established under IC 22-4.1-2-1;
shall develop
guidelines to assist secondary schools in identifying a student who is likely to 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.
    Sec. 2. The guidelines established in section 1 of this chapter:
        (1) must include indicators to assist school personnel in determining whether a student may be in need of supplemental instruction or remediation to minimize the student's need for remedial course work at a postsecondary educational institution or workforce training program;
        (2) must provide standards and guidelines for secondary school personnel to determine when a student is required to be assessed under section 3 of this chapter, including guidelines that include:
            (A) a description of the school official who may make a determination to assess a student under section 3 of this

chapter; and
            (B) thresholds for determining whether a student who takes an examination under section 3 of this chapter requires additional remediation or additional instruction; and
        (3) 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:
            (A) reduce the likelihood that a student will fail a graduation exam and require a graduation waiver under 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 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 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. 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); 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) may enroll in a dual credit course under IC 21-43, 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.

SOURCE: IC 21-18.5-4-8.5; (13)IN1005.1.7. -->     SECTION 7. IC 21-18.5-4-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.5. This section applies to a student who receives a graduation waiver under IC 20-32-4-4 after June 30, 2014. Notwithstanding any other law, a student who receives a graduation waiver under IC 20-32-4-4 and receives a general diploma under the criteria described in IC 20-32-4-4(6)(B) is disqualified from receiving state scholarships, grants, or assistance administered by the commission unless the student takes a college and career readiness exam described in IC 20-32-9-3 and the appropriate school official described in IC 20-32-9-2 determines that the student does not need additional remedial course work or instruction under guidelines established by the department under IC 20-32-9-1. The exam 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.
SOURCE: IC 21-43-4-13; (13)IN1005.1.8. -->     SECTION 8. IC 21-43-4-13, AS ADDED BY P.L.2-2007, SECTION 284, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. If a student enrolls in a course offered by an eligible institution under the program, the eligible institution and the student's school corporation shall enter into a contract for dual credit. The contract must establish the terms and conditions under which:
        (1) except as provided in section 15 of this chapter, the eligible

institution will award credit for specified classes successfully completed by students in the school corporation; and
        (2) the school corporation will award credit for specified classes successfully completed by students at the eligible institution.

SOURCE: IC 21-43-4-15; (13)IN1005.1.9. -->     SECTION 9. IC 21-43-4-15, AS ADDED BY P.L.2-2007, SECTION 284, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) Except as provided in subsection (b), if a student enrolls in an eligible institution after graduation from secondary school, the eligible institution shall award postsecondary credit for a course successfully completed by the student at the eligible institution. If the student enrolls in another eligible institution, that eligible institution may grant credit for courses successfully completed by the student.
     (b) This subsection applies to a course in which a student enrolls after June 30, 2014. A student must achieve an 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.
SOURCE: IC 21-43-5-5; (13)IN1005.1.10. -->     SECTION 10. IC 21-43-5-5, AS ADDED BY P.L.2-2007, SECTION 284, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Except as provided in subsection (b), a student is entitled to credit toward graduation requirements for a course the student successfully completes at the eligible institution.
     (b) This subsection applies to a course in which a student enrolls after June 30, 2014. A student must achieve an 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.
SOURCE: ; (13)IN1005.1.11. -->     SECTION 11. [EFFECTIVE UPON PASSAGE] (a) The Indiana state board of education established by IC 20-19-2-2, in consultation with the:
        (1) education roundtable established by IC 20-19-4-2;
        (2) commission for higher education established by IC 21-18-2-1; and
        (3) department of workforce development established by IC 22-4.1-2-1;
shall begin developing the guidelines described in IC 20-32-9-1, as added by this act in the manner described in IC 20-32-9, as added by this act. The guidelines must be completed by July 1, 2013.
    (b) This SECTION expires January 1, 2014.

SOURCE: ; (13)IN1005.1.12. -->     SECTION 12. An emergency is declared for this act.