Citations Affected:
IC 20-1-1
;
IC 20-8.1-3-18.
Synopsis: Student members on state board of education. Adds two
high school students as nonvoting members of the state board of
education and establishes a recommendation committee to recommend
students for appointment by the governor.
Effective: July 1, 2002.
January 14, 2002, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
SECTION 1.
IC 20-1-1-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The Indiana state board of
education is established. The board shall consist of ten (10) the state
superintendent of public instruction and twelve (12) members
appointed by the governor. and the state superintendent of public
instruction. Of the ten (10) twelve (12) members appointed by the
governor, a minimum of four (4) members must be persons who are
actively employed in the schools in Indiana and who hold a valid
teaching license. At least one (1) member must be appointed from each
congressional district in Indiana. Two (2) members must be student
members appointed under section 1.1 of this chapter. The student
members are nonvoting members. No more than six (6) members of
the board may be appointed from the membership of any one (1)
political party. A quorum consists of six (6) voting members of the
board, and an action of the board is not official unless it is authorized
by at least six (6) voting members. The state superintendent of public
instruction shall serve as chairman of the board. Except for the
student members, appointed board members shall serve for a term of
four (4) years, unless dismissed before the expiration of four (4) years
by the governor for just cause. The student members shall serve for
a term of two (2) years. However, a student member who is
appointed in grade 12 shall serve for a term of one (1) year. Any
appointment to fill a vacancy occurring on the board shall be for the
unexpired term.
(b) The state superintendent of public instruction shall appoint six
(6) persons who shall serve on the advisory committee on textbook
adoption. The state superintendent of public instruction or his the state
superintendent's designee shall serve as a voting member of the
committee. At least four (4) of the members of the advisory committee
on textbook adoptions shall be actively employed in the schools in
Indiana and hold a valid teaching license. No more than four (4) of the
members of the committee may be appointed from the membership of
any one (1) political party. The state superintendent or his the state
superintendent's designee shall serve as chairman of the committee.
Committee members shall serve at the pleasure of the superintendent
of public instruction.
(c) The board and the committee shall meet at such times as they
determine. The terms of office of the appointive members of the board
shall commence on July 1.
(d) The board may establish other advisory committees as necessary
to provide technical and professional assistance to the board.
(e) Whenever the board is required to conduct hearings under
IC 4-21.5-3
, the board may use hearing examiners who are not
members of the board to conduct the hearings.
SECTION 2.
IC 20-1-1-1.1
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 1.1. (a) As used in this section, "committee" refers to
the student member recommendation committee established by
subsection (b).
(b) The student member recommendation committee is
established to recommend candidates for the student members of
the Indiana state board of education to the governor. The
committee consists of the following members:
(1) Four (4) youth members, including:
(A) two (2) members representing the Association of High
School Student Councils; and
(B) two (2) members representing the Indiana Youth
Commission for Service and Leadership.
(2) One (1) adult member representing the Indiana
Association of Secondary Schools.
(3) One (1) adult member representing the Indiana State
Teachers Association.
(4) One (1) adult member representing the Indiana State
Superintendents Association.
(5) One (1) adult member representing the department of
education.
(6) One (1) adult member representing the Indiana Federation
of Teachers.
(7) One (1) adult member representing the Indiana
Association of School Principals.
The chairperson shall be an adult member elected by the members.
The members shall serve without compensation.
(c) The committee shall develop a written application form to be
submitted to the committee by applicants for appointment as the
student members of the Indiana state board of education under
section 1 of this chapter.
(d) The committee shall screen applications submitted under
subsection (c) and select ten (10) candidates according to the
following criteria:
(1) Applicants must meet the following criteria for selection
as a candidate:
(A) An applicant must be a high school student enrolled in
an Indiana high school.
(B) An applicant must submit the written application
developed under subsection (c) to the student member
recommendation committee established by subsection (b).
(C) An applicant must submit two (2) letters of
recommendation, including:
(i) one (1) letter from the principal of the high school in
which the applicant is enrolled; and
(ii) one (1) letter from a parent or guardian of the
applicant.
(D) An applicant's parent or grandparent may not:
(i) work for a bona fide political party (as defined in
IC 3-5-2-5.5
); or
(ii) hold a position appointed by a bona fide political
party (as defined in
IC 3-5-2-5.5
).
(E) An applicant must maintain a grade point average that
is equivalent to the grade point average that is required by
the applicant's school for participation in extracurricular
activities.
(2) The committee shall consider the following additional
criteria in selecting the ten (10) candidates:
(A) Diversity in the size of the schools in which candidates
are enrolled.
(B) Diversity in qualities and background of candidates.
(C) Commitment and motivation of a candidate.
(D) Emotional maturity of a candidate.
(E) Diversity in the educational experiences of candidates.
(F) Level of support for a candidate's appointment by:
(i) the candidate's high school;
(ii) the candidate's source of transportation; and
(iii) a member of the candidate's community that will
assess the candidate's ability to serve on the Indiana
state board of education.
(e) The committee shall recommend the ten (10) candidates
selected under subsection (d) to the governor.
(f) The governor shall appoint two (2) student members to the
Indiana state board of education as follows:
(1) One (1) member who attends school in a school
corporation that is located:
(A) north of U.S. Highway 40; and
(B) in an Indiana county that is different than the Indiana
county in which the school corporation that is attended by
the member described in subdivision (2) is located.
(2) One (1) member who attends school in a school
corporation that is located:
(A) south of U.S. Highway 40; and
(B) in an Indiana county that is different than the Indiana
county in which the school corporation that is attended by
the member described in subdivision (1) is located.
One (1) student member must attend school in a school corporation
with an ADM (as defined in
IC 21-3-1.6-1.1
) that is greater than
the median ADM determined by the department of education
under subsection (g), and the other student member must attend
school in a school corporation with an ADM that is not more than
the median ADM determined by the department of education
under subsection (g).
(g) The department of education shall annually determine the
median ADM of the school corporations in Indiana.
SECTION 3.
IC 20-8.1-3-18
, AS AMENDED BY P.L.146-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 18. (a) Service as a page for or as an honoree of
the Indiana general assembly constitutes a lawful excuse for a pupil to
be absent from school. For each day of page service or as an honoree
of the Indiana general assembly, verified by the certificate of the
secretary of the senate or the chief clerk of the house of representatives,
a student excused from school attendance under this subsection shall
not be recorded as being absent on any date for which the excuse is
operative, nor shall the student be penalized by the school in any
manner. This section applies to all pupils, whether they attend public,
private, or parochial schools.
(b) The governing body of each school corporation and the chief
administrative official of each private secondary school system shall
authorize the absence and excuse of each secondary school student who
serves on the precinct election board or as a helper to a political
candidate or to a political party on the date of each general, city or
town, special, and primary election at which the student works. Prior
to the date of the election, the student must submit a document signed
by one (1) of the student's parents or guardians giving permission to
participate in the election as provided in this section, and the student
must verify to school authorities the performance of services by
submitting a document signed by the candidate, political party
chairman, campaign manager, or precinct officer. The document must
describe generally the duties of the student on the date of the election.
A student excused from school attendance under this subsection shall
not be recorded as being absent on any date for which the excuse is
operative, nor shall the student be penalized by the school in any
manner.
(c) The governing body of each school corporation or the chief
administrative officer of each private school system shall authorize the
absence and excuse of a student who is issued a subpoena to appear in
court as a witness in a judicial proceeding. A student excused under
this subsection shall not be recorded as being absent on any date for
which the excuse is operative, nor shall the student be penalized by the
school in any manner. The appropriate school authority may require
that the student submit the subpoena to the appropriate school authority
for verification.
(d) The governing body of each school corporation or the chief
administrative officer of each private school system shall authorize the
absence and excuse of each secondary school student who is ordered
to active duty with the Indiana National Guard for not more than ten
(10) days in a school year. For verification, the student must submit to
school authorities a copy of the orders to active duty and a copy of the
orders releasing the student from active duty. A student excused from
school attendance under this subsection shall not be recorded as being
absent on any date for which the excuse is operative, nor shall the
student be penalized by the school in any manner.
(e) The governing body of a school corporation or the chief
administrative officer of a private school system shall authorize the
absence and excuse of a student during the time that the student
serves as:
(1) a student member of the Indiana state board of education
under
IC 20-1-1-1
; or
(2) a youth member of the student member recommendation
committee under
IC 20-1-1-1.1.
For verification, the student must submit to school authorities a
document verifying the attendance of the student at a meeting of
the Indiana state board of education or the student member
recommendation committee. The document must be signed by the
chairperson of the Indiana state board of education or the student
member recommendation committee. A student excused from
school attendance under this subsection shall not be recorded as
being absent on any date for which the excuse is operative, nor
shall the student be penalized by the school in any manner.
SECTION 4. [EFFECTIVE JULY 1, 2002] (a) As used in this
SECTION, "committee" refers to the student member
recommendation committee established under
IC 20-1-1-1.1
, as
added by this act.
(b) Not later than September 1, 2002, the organizations set forth
in
IC 20-1-1-1.1
(b), as added by this act, shall make the
appointments to the committee required under
IC 20-1-1-1.1
(b), as
added by this act.
(c) Not later than October 1, 2002, the committee shall meet to
elect a chairperson and begin development of the application form
required under
IC 20-1-1-1.1
(c), as added by this act.
(d) Not later than January 1, 2003, the committee shall begin to
accept applications from students interested in appointment as a
student member of the Indiana state board of education under
IC 20-1-1-1
, as amended by this act.
(e) Not later than May 1, 2003, the committee shall make
recommendations to the governor under
IC 20-1-1-1.1
(e), as added
by this act.
(f) Not later than June 30, 2003, the governor shall appoint the
student members of the Indiana state board of education under
IC 20-1-1-1.1
(f), as added by this act.
(g) Notwithstanding
IC 20-1-1-1
, as amended by this act, the
terms of the student members of the Indiana state board of
education appointed under
IC 20-1-1-1.1
(f), as added by this act,
begin July 1, 2003.
(h) This SECTION expires July 2, 2003.