Citations Affected: IC 20-24.2.
Synopsis: Performance-qualified school districts. Establishes
performance-qualified school districts to provide flexibility in
administration and instruction to school corporations that meet certain
performance criteria. Provides that a performance-qualified school
district is exempt from certain education statutes, rules, and guidelines
applicable to school boards or school corporations. Sets forth the
performance criteria that must be met and the statutes, rules, and
guidelines with which a performance-qualified school district must
continue to comply.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Education and Career
January 17, 2013, amended, reported favorably _ Do Pass.
January 22, 2013, read second time, amended, ordered engrossed.
January 23, 2013, engrossed.
January 31, 2013, returned to second reading.
February 4, 2013, reread second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
that the school corporations may provide curriculum, instruction,
programs, and educational innovations designed to engage students
in achievement greater than the achievement required for the
school corporations to be placed in the highest performance
category or designation by the department under IC 20-31-8.
Sec. 2. (a) To be designated as a district, a school corporation must meet the following initial criteria:
(1) Meet or exceed each element of the data baseline established under section 3 of this chapter.
(2) Be placed in the highest performance category or designation by the department under IC 20-31-8.
(b) After a school corporation meets the criteria set forth in subsection (a), the department shall certify the school corporation as a district for a four (4) year period. The certification is effective beginning with the school year following the school year in which the district is certified.
(c) A district that has been certified is exempt from any or all of the statutes and rules that are not set forth in IC 20-24.2-4, as selected by the district.
Sec. 3. The department shall establish the data elements that comprise the data baseline. The data elements must demonstrate the curriculum and instruction of a school corporation to create academic performance at a high level through which students are college or career ready and globally competitive upon graduation from high school by achieving the following:
(1) At least twenty-five percent (25%) of students graduating each year in the school corporation:
(A) must earn a grade of 3, 4, or 5 on at least one (1) Advanced Placement examination;
(B) must graduate with an academic honors diploma; or
(C) must graduate with a technical honors diploma.
(2) The school corporation must have a graduation rate of at least ninety percent (90%).
(3) Other data elements the department determines are appropriate.
Sec. 4. A district shall meet or exceed the following benchmarks for the district and for each school in the district at the time the department conducts the status review under section 6(a) of this chapter:
(1) For the district as a whole, there must be participation in performance-based measures determined jointly by the department and the district.
provisions of this title do not apply to a district:
(1) Provisions that do not apply to school corporations in general.
(2) IC 20-20 (programs administered by the state), except for IC 20-20-1 (educational service centers) and IC 20-20-8 (school corporation annual performance report).
(3) IC 20-28 (school teachers), except for IC 20-28-5-8 (conviction of certain felonies; notice and hearing; permanent revocation of license; data base of school employees who have been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5 (cancellation of teacher contracts), IC 20-28-8 (contracts with school administrators), IC 20-28-9 (teacher salary and related payments), and IC 20-28-10 (conditions of employment).
(4) IC 20-30 (curriculum), except for IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances) and IC 20-30-5-19 (personal financial responsibility instruction).
(5) IC 20-32 (student standards, assessments, and performance), except for IC 20-32-4 (graduation requirements), IC 20-32-5 (Indiana statewide testing for educational progress), and IC 20-32-8 (remediation).
(6) IC 20-36 (high ability students).
(7) IC 20-37 (career and technical education).
Sec. 4. The following provisions of this title and rules and guidelines adopted under the following provisions of this title apply to a district:
IC 20-20-1 (educational service centers).
IC 20-20-8 (school corporation annual performance report).
IC 20-23 (organization of school corporations).
IC 20-26 (school corporation general administrative provisions).
IC 20-27 (school transportation).
IC 20-28-5-8 (conviction of certain felonies; notice and hearing; permanent revocation of license; data base of school employees who have been reported).
IC 20-28-6 (teacher contracts).
IC 20-28-7.5 (cancellation of teacher contracts).
IC 20-28-8 (contracts with school administrators).
IC 20-28-9 (teacher salary and related payments).
IC 20-28-10 (conditions of employment).
IC 20-29 (collective bargaining for teachers).
IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances).
IC 20-30-5-19 (personal financial responsibility instruction).
IC 20-31 (accountability for school performance and improvement).
IC 20-32-4, IC 20-32-5, and IC 20-32-8, or any other statute, rule, or guideline related to standardized assessments (accreditation, assessment, and remediation).
IC 20-33 (students: general provisions).
IC 20-34-3 (health and safety measures).
IC 20-35 (special education).
IC 20-39 (accounting procedures).
IC 20-40 (government funds and accounts).
IC 20-41 (extracurricular funds and accounts).
IC 20-42.5 (allocation of expenditures to student instruction).
IC 20-43 (state tuition support).
IC 20-44 (property tax levies).
IC 20-45 (general fund levies).
IC 20-46 (levies other than general fund levies).
IC 20-47 (related entities; holding companies; lease agreements).
IC 20-48 (borrowing and bonds).
IC 20-49 (state management of common school funds; state advances and loans).
IC 20-50 (homeless children and foster care children).
Sec. 5. A district may display the words "Indiana Performance-Qualified School District" on the district's correspondence, Internet web site, and any other communications representing the district.
Chapter 5. Rules
Sec. 1. The state board shall adopt rules under IC 4-22-2 to implement this article.