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SENATE BILL No. 374

Citations Affected: IC 20-26-13; IC 20-32-4; IC 20-33-2-28.6.

Synopsis: Graduation rate determination. Defines "transfer" for purposes of determining graduation rates. Modifies requirements for a student to graduate without passing the ISTEP tests. Provides that it is neglect of duty for a teacher or other licensed employee to counsel a student to transfer to a nonaccredited nonpublic school located in a private residence if the teacher or other employee does not have reasonable knowledge that the student and the student's family intend to conduct appropriate educational activities. Provides that if a high school student is transferring to a nonaccredited nonpublic school located in a private residence, the superintendent or the superintendent's designee must review the student's proposed curriculum, and, if the curriculum does not provide instruction equivalent to that given in public schools, report the student to the bureau of motor vehicles as a dropout. Repeals a provision concerning graduation requirements for a student graduating before July 1, 2010.

Effective: July 1, 2012.

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Kruse

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    January 9, 2012, read first time and referred to Committee on Education and Career Development.

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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 2011 Regular Session of the General Assembly.

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

SOURCE: IC 20-26-13-8.5; (12)IN0374.1.1. -->     SECTION 1. IC 20-26-13-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8.5. (a) As used in this chapter, "transfer" means to withdraw from a school and enroll in another public or nonpublic school, including an adult secondary credit program.
    (b) The term does not include enrolling in a general educational development program.

SOURCE: IC 20-26-13-12; (12)IN0374.1.2. -->     SECTION 2. IC 20-26-13-12, AS AMENDED BY P.L.45-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. For each high school, the department shall calculate an estimated graduation rate that is determined by the total number of graduates for the reporting year divided by the total number of students enrolled in grade 9 at the school three (3) years before the reporting the students' initial year. For any school where the difference between the estimated graduation rate and the number determined under STEP FIVE of section 10 of this chapter is more than

five percent (5%), the department shall request the data used in determining that the missing students are classified under one (1) or more of clauses (A) through (I) of STEP THREE of section 10 of this chapter.

SOURCE: IC 20-32-4-0.3; (12)IN0374.1.3. -->     SECTION 3. IC 20-32-4-0.3 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 0.3. Notwithstanding the amendments made to section 1 of this chapter by P.L.105-2005, the following apply before July 1, 2010:
        (1) To be eligible to graduate from high school, each student is required to meet:
            (A) the academic standards tested in the graduation examination; and
            (B) any additional requirements established by the governing body.
        (2) A student who does not meet the academic standards tested in the graduation examination shall be given the opportunity to be tested during each semester of each grade following the grade in which the student is initially tested until the student achieves a passing score.
        (3) A student who does not achieve a passing score on the graduation examination may be eligible to graduate if all the following occur:
            (A) The principal of the school the student attends certifies that the student will within one (1) month of the student's scheduled graduation date successfully complete all components of the Core 40 curriculum as established by the Indiana state board of education under IC 20-30-10.
            (B) The student otherwise satisfies all state and local graduation requirements.
        (4) A student who does not achieve a passing score on the graduation examination and who does not meet the requirements of subdivision (3) may be eligible to graduate if the student does all the following:
            (A) Takes the graduation examination in each subject area in which the student did not achieve a passing score at least one (1) time every school year after the school year in which the student first takes the graduation examination.
            (B) Completes remediation opportunities provided to the student by the student's school.
            (C) Maintains a school attendance rate of at least ninety-five percent (95%) with excused absences not counting against the student's attendance.

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            (D) Maintains at least a "C" average or the equivalent in the courses comprising the credits specifically required for graduation by rule of the board.
            (E) Obtains a written recommendation from a teacher of the student in each subject area in which the student has not achieved a passing score. The recommendation must:
                (i) be concurred in by the principal of the student's school; and
                (ii) be supported by documentation that the student has attained the academic standard in the subject area based upon tests other than the graduation examination or classroom work.
            (F) Otherwise satisfies all state and local graduation requirements.
        (5) This subdivision applies to a student who is a child with a disability (as defined in IC 20-35-1-2). If the student does not achieve a passing score on the graduation examination, the student's case conference committee may determine that the student is eligible to graduate if the case conference committee finds the following:
            (A) The student's teacher of record, in consultation with a teacher of the student in each subject area in which the student has not achieved a passing score, makes a written recommendation to the case conference committee. The recommendation must:
                (i) be concurred in by the principal of the student's school; and
                (ii) be supported by documentation that the student has attained the academic standard in the subject area based upon tests other than the graduation examination or classroom work.
            (B) The student meets all the following requirements:
                (i) Retakes the graduation examination in each subject area in which the student did not achieve a passing score as often as required by the student's individualized education program.
                (ii) Completes remediation opportunities provided to the 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.

SOURCE: IC 20-32-4-4; (12)IN0374.1.4. -->     SECTION 4. IC 20-32-4-4, AS AMENDED BY P.L.185-2006, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. Beginning with the 2005-2006 school year, a student who does not achieve a passing score on the graduation examination and who does not meet the requirements of section 1 of this chapter may be eligible to graduate if the student does all the following:
        (1) Takes the graduation examination in each subject area in which the student did not achieve a passing score at least one (1) time every school year after the school year in which the student first takes the graduation examination.
        (2) Completes remediation opportunities provided to the student by the student's school.
        (3) Maintains a school attendance rate of at least ninety-five percent (95%) with excused absences not counting against the student's attendance.
        (4) Maintains at least a "C" average or the equivalent in the courses comprising the credits specifically required for graduation by rule of the state board.
        (5) Otherwise satisfies all state and local graduation requirements.
        (6) Either: (A) Completes:
            (i) (A) the course and credit requirements for a general diploma, including the college and career academic sequence; pathway;
            (ii) (B) a workforce readiness assessment; and
            (iii) (C) at least one (1) career exploration internship, cooperative education, or workforce credential recommended by the student's school. or
            (B) obtains a written recommendation from a teacher of the student in each subject area in which the student has not achieved a passing score on the graduation examination. The written recommendation must be concurred in by the principal of the student's school and be supported by documentation that the student has attained the academic standard in the subject area based on:
                (i) tests other than the graduation examination; or

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                (ii) classroom work.

SOURCE: IC 20-32-4-11; (12)IN0374.1.5. -->     SECTION 5. IC 20-32-4-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. It is willful neglect of duty under IC 20-28-5-7 for a certificated employee (as defined in IC 20-29-2-4) of a school or school corporation to counsel or encourage a student to transfer to a nonaccredited nonpublic school located in a private residence if the certificated employee does not have reasonable knowledge that the student and the student's family intend to conduct appropriate educational activities.

SOURCE: IC 20-33-2-28.6; (12)IN0374.1.6. -->     SECTION 6. IC 20-33-2-28.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 28.6. (a) This section applies to a high school student who is transferring to a nonaccredited nonpublic school located in a private residence.
    (b) Before a student to whom this section applies withdraws from a public school, the superintendent or the superintendent's designee shall review the student's education plan or curriculum to ensure the student is provided with instruction equivalent to that given in a public school as required under section 28 of this chapter. If the superintendent or the superintendent's designee determines that the student's education plan or curriculum does not comply with section 28 of this chapter, the superintendent or the superintendent's designee shall report the student to the bureau of motor vehicles for action under section 28.5(g) of this chapter.