Authorizer may not grant charter
Sec. 2. An authorizer may not grant a charter to a for-profit organizer.
As added by P.L.1-2005, SEC.8. Amended by P.L.280-2013, SEC.21.
Contracting with education service providers
Sec. 2.5. If a proposed charter school intends to contract with an education service provider for substantial educational services, management services, or both educational services and management services, the request for proposals shall require the applicants to provide the following:
(1) Evidence of the education service provider's success in serving student populations similar to the targeted populations, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable.
(2) A term sheet setting forth the:
(A) proposed duration of the service contract;
(B) roles and responsibilities of the organizer, the school staff, and the education service provider;
(C) performance evaluation measures and timelines;
(D) compensation structure, including clear identification of all fees to be paid to the education service provider;
(E) methods of contract oversight and enforcement;
(F) investment disclosure; and
(G) conditions for renewal and termination of the contract.
(3) A disclosure statement to explain any existing or potential conflicts of interest between the organizer and the proposed education service provider or any affiliated business entities.
(4) Assurance that the organizer will be structurally independent of the education service provider and shall set and approve school policies. The assurance must also provide that the terms of the service contract must be reached by the organizer and the education service provider through arms length negotiations in which the organizer must be represented by legal counsel. The legal counsel may not also represent the education service provider.
As added by P.L.280-2013, SEC.22.
Proposal to establish charter school; required contents
Sec. 4. (a) An organizer may submit to the authorizer a proposal to establish a charter school.
(b) A proposal must contain at least the following information:
(1) Identification of the organizer.
(2) A description of the organizer's organizational structure and governance plan.
(3) The following information for the proposed charter school:
(C) Governance structure.
(D) Management structure.
(E) Educational mission goals.
(F) Curriculum and instructional methods.
(G) Methods of pupil assessment.
(H) Admission policy and criteria, subject to IC 20-24-5.
(I) School calendar.
(J) Age or grade range of students to be enrolled.
(K) A description of staff responsibilities.
(L) A description of the physical plant.
(M) Budget and financial plans.
(N) Personnel plan, including methods for selection, retention, and compensation of employees.
(O) Transportation plan.
(P) Discipline program.
(Q) Plan for compliance with any applicable desegregation order.
(R) The date when the charter school is expected to:
(i) begin school operations; and
(ii) have students attending the charter school.
(S) The arrangement for providing teachers and other staff
with health insurance, retirement benefits, liability
insurance, and other benefits.
(T) Any other applications submitted to an authorizer in the previous five (5) years.
(4) The manner in which the authorizer must conduct an annual audit of the program operations of the charter school.
(c) This section does not waive, limit, or modify the provisions of:
(1) IC 20-29 in a charter school where the teachers have chosen to organize under IC 20-29; or
(2) an existing collective bargaining agreement for noncertificated employees (as defined in IC 20-29-2-11).
As added by P.L.1-2005, SEC.8. Amended by P.L.91-2011, SEC.9; P.L.280-2013, SEC.24.
(Repealed by P.L.280-2013, SEC.25.)
Public hearing by sponsor
Sec. 5.5. (a) This section applies to an authorizer that is not the executive of a consolidated city.
(b) Before issuing a charter, the authorizer must conduct a public hearing concerning the establishment of the proposed charter school. At the public hearing, the governing body of the school corporation in which the proposed charter school will be located must be given an opportunity to comment on the effect of the proposed charter school on the school corporation, including any foreseen negative impacts on the school corporation.
As added by P.L.91-2011, SEC.10. Amended by P.L.280-2013, SEC.26.
Granting of charter; provision of noncharter school required
Sec. 6. (a) Except as provided in subsection (b), if a governing body grants a charter to establish a charter school, the governing body must provide a noncharter school that students of the same age or grade levels may attend.
(b) The department may waive the requirement that a governing body provide a noncharter school under subsection (a) upon the request of the governing body.
As added by P.L.1-2005, SEC.8.
Revocation of charter
Sec. 7. The authorizer may revoke the charter of a charter school that does not, by the date specified in the charter:
(1) begin school operations; and
(2) have students attending the charter school.
As added by P.L.1-2005, SEC.8. Amended by P.L.280-2013, SEC.27.
Authorizer's notification of department; annual report by department
Sec. 10. (a) An authorizer must notify the department of the following:
(1) Receipt of a proposal.
(2) Acceptance of a proposal.
(3) Rejection of a proposal, including the reasons for the rejection.
(4) The length of time for which a charter is granted.
(5) School goals, educational program design, and an education management organization operating a school, if applicable.
(6) The name and address of the education management organization, and the name of the chief operating officer of the education management organization, if applicable.
(b) The department shall annually do the following:
(1) Compile the information received under subsection (a) into a report.
(2) Submit the report in an electronic format under IC 5-14-6 to the legislative council.
As added by P.L.1-2005, SEC.8. Amended by P.L.91-2011, SEC.11; P.L.280-2013, SEC.30.
Rejection of proposal; amendment or submission to another sponsor; appeal
Sec. 11. If an authorizer rejects a charter school proposal, the organizer may:
(1) amend the charter school proposal and resubmit the proposal to the same authorizer;
(2) submit a charter school proposal to another authorizer; or
(3) appeal the decision to the charter school review panel established by section 12 of this chapter.
As added by P.L.1-2005, SEC.8. Amended by P.L.280-2013, SEC.31.
As added by P.L.1-2005, SEC.8. Amended by P.L.280-2013, SEC.32.
(Repealed by P.L.91-2011, SEC.31.)
Sec. 14. (a) This section applies to university authorizers.
(b) Except as provided in subsection (c), the ultimate responsibility for choosing to authorize a charter school and responsibilities for maintaining authorization rest with the university's board of trustees.
(c) The university's board of trustees may vote to assign authorization authority and authorization responsibilities to another person or entity that functions under the direction of the university's board. A decision made under this subsection shall be communicated in writing to the department and the charter school review panel.
(d) Before a university may authorize a charter school, the university must conduct a public meeting with public notice in the county where the charter school will be located.
As added by P.L.1-2005, SEC.8. Amended by P.L.280-2013, SEC.33.
(Repealed by P.L.91-2011, SEC.31.)
Service as organizer and authorizer prohibited
Sec. 16. An entity or multiple divisions of the same entity may not serve simultaneously as both the organizer and the authorizer of the same charter school.
As added by P.L.1-2005, SEC.8. Amended by P.L.280-2013, SEC.34.
Assignment of school corporation and school identification numbers
Sec. 17. (a) The department shall assign a school corporation identification number for each charter school established under this chapter.
(b) If a charter school assigned a school corporation identification number under subsection (a) consists of more than one (1) campus, the department shall assign each charter school campus, in addition to the school corporation identification number under subsection (a), a separate school identification number.
As added by P.L.280-2013, SEC.35.