TITLE 511 INDIANA STATE BOARD OF EDUCATION

Adds 511 IAC 6.2-8 to define the applicability of the rule, to require the state board of education to direct the department of education to conduct quality review of schools subject to IC 20-31-9-3, and to allow the department to offer to enter a memorandum of agreement to an affected school corporation. Adds 511 IAC 6.2-9 to define the applicability of the rule, to require the state board to hold a public hearing to hear testimony on possible intervention options, to allow the state board to implement one or more described intervention options, to describe the pupils eligible for services provided as a result of board intervention, to establish the powers of a special management team appointed by the board to operate all or part of a school, to require the school corporations to continue debt service, transportation, food service, capital projects, or other services, to establish special management team employment requirements and employee benefits, and to prohibit school corporations from taking certain adverse actions toward the special management team operation of a school. Effective 30 days after filing with the Publisher.

SECTION 1. 511 IAC 6.2-8 IS ADDED TO READ AS FOLLOWS:

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 1. This rule applies to schools subject to IC 20-31-9-3.

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 2. (a) The board shall direct that the department conduct a quality review of a school that is subject to IC 20-31-9-3.

(b) The board shall determine the scope of the review and appoint an expert team under IC 20-31-9-3.

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 3. (a) Subsequent to a review conducted under section 2 of this rule, the department may offer the affected school corporation the opportunity to enter into a memorandum of agreement developed by the department.

(b) The memorandum of agreement must include the following:

SECTION 2. 511 IAC 6.2-9 IS ADDED TO READ AS FOLLOWS:

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 1. This rule applies to schools that become subject to state board action under IC 20-31-9-4.

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 2. The state board shall hold at least one (1) public hearing in the school corporation where the school is located to consider and hear testimony concerning options for providing a quality education to the affected students.

Affected: IC 20-31-8; IC 20-31-9-3; IC 20-31-9-4

Sec. 3. If the state board determines, after conducting the public hearing described in section 2 of this rule, that intervention will improve the education received by the affected students, the state board may implement one (1) or more of the following options:

Affected: IC 20-31-8; IC 20-31-9-3; IC 20-31-9-4; IC 20-43-4-1

Sec. 4. (a) The affected students shall remain eligible pupils under IC 20-43-4-1.

(b) The state board shall receive the recommendations of the department and determine the amounts of state support, local funds, and federal funds that are necessary to fund the option or options for improvement implemented by the state board.

(c) The department shall do the following:

(d) The amount withheld under this section shall not exceed the total aggregate per pupil funding for the affected students.

Affected: IC 20-24-8; IC 20-26-11-6; IC 20-28-6-3; IC 20-31-9-3; IC 20-31-9-4; IC 20-43-4-1

Sec. 5. (a) This section applies if the state board assigns a special management team to operate all or part of an existing school subject to IC 20-31-9-4.

(b) The special management team is not required to employ teachers and administrators through teacher contracts established by the state superintendent of public instruction under IC 20-28-6-3.

(c) The special management team may exercise any authority granted by the state board under IC 20-31-9.

(d) The special management team must accept for enrollment a student who meets all of the following:

(e) The special management team may accept for enrollment, without regard to school attendance areas defined by the school corporation, a student who meets all of the following:

(f) The special management team may accept a student who has legal settlement outside the corporation if all of the following are true:

Affected: IC 20-20-5; IC 20-26-12; IC 20-31-9-3; IC 20-31-9-4; IC 20-35

Sec. 6. (a) The corporation shall continue debt service payments on corporation debt attributable to the school.

(b) The department, the school corporation, and the special management team shall enter into a contract specifying the length of time, level of services, and entity responsible for providing necessary services to the school and students in the school, including, but not limited to, the following services:

(c) The corporation and special management team may enter into a contract or contracts for additional services.

(d) The department shall resolve disputes that arise in negotiation or execution of the contract under subsection (b). The decision of the department shall be the final administrative decision.

Affected: IC 5-10.3; IC 5-10.4; IC 20-31-9-3; IC 20-31-9-4

Sec. 7. (a) The special management team shall employ teachers, other school personnel, and independent contractors that are:

(b) Personnel employed by the special management team under this section are entitled to participate in insurance benefits offered by the special management team or offered to state employees.

(c) Personnel employed by the special management team are entitled to participate in:

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 8. (a) The school corporation shall take no action adverse to the special management team's operation of the school.

(b) The school corporation shall take no action to dispose of or cloud the title of the real property on which the school is located.

(c) The school corporation shall not remove or dispose of personal property located in the school or, if located outside the school, assigned to the school.

(d) If the state board determines that the school corporation has:

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 9. (a) The school corporation shall not, without the agreement of the special management team, change the assignment of students to schools in the school corporation in such a way that the number or grade level or levels of students assigned to the school are changed significantly.

(b) If the special management team agrees to accept additional students as permitted in this rule, the state board, on application of the special management team, may determine that the special management team needs additional funds to operate the school.

(c) The department shall withhold the amount determined under subsection (b) from state support and federal funds otherwise to be distributed to the school corporation.

Affected: IC 20-31-9-3; IC 20-31-9-4

Sec. 10. (a) The special management team shall comply with IC 5-14-1.5, the open door law, and IC 5-14-3, access to public records.

(b) The special management team shall comply with the financial reporting requirements established by the state board of accounts under IC 5-11-1.

DIN: 20110223-IR-511100502FRA

Composed: May 06,2024 1:09:24PM EDT

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