Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 20-31-9.5
     Chapter 9.5. Turnaround Academies

IC 20-31-9.5-1
Exemption from provisions related to school employers; personnel decisions
    
Sec. 1. (a) None of the following may be considered a school employer under IC 20-29-6 with respect to a turnaround academy:
        (1) The state.
        (2) The state board.
        (3) A special management team assigned by the state board under IC 20-31-9-4 to operate a school as a turnaround academy.
    (b) A special management team assigned under IC 20-31-9-4 to operate a school as a turnaround academy shall make all personnel decisions in the school. In operating the school as a turnaround academy under this chapter, the special management team is not bound by a contract entered into under IC 20-29.
As added by P.L.229-2011, SEC.190.

IC 20-31-9.5-2
Use of existing buildings; transportation; responsibilities of school corporation; hearing
    
Sec. 2. (a) If the state board assigns a special management team under IC 20-31-9-4 to operate a school as a turnaround academy, for as long as the special management team operates the turnaround academy:
        (1) the special management team shall continue to use the school building, the accompanying real property, and the building's contents, equipment, and supplies; and
        (2) the school corporation shall continue to:
            (A) provide transportation for students attending the turnaround academy at the same level of service the school corporation provided before the school became a turnaround academy; and
            (B) maintain and repair the buildings and grounds consistent with the maintenance and repair to the school corporation's other buildings and grounds.
        The school corporation shall consult with the special management team regarding these matters.
    (b) If the special management team contracts with a school corporation for goods or services, the school corporation may not charge the special management team more for the goods or services than the school corporation pays for the goods or services.
    (c) The special management team and the school corporation's board shall hold a joint public meeting at least two (2) times each year to discuss issues and progress concerning the turnaround academy.
As added by P.L.229-2011, SEC.190.


IC 20-31-9.5-3
Allocation of state tuition support and federal funds; eligibility for other funds
    
Sec. 3. (a) Turnaround academies are eligible to receive building and technology loans administered by the state board from the common school fund.
    (b) A student who attends a turnaround academy or another school subject to intervention under this chapter remains, under IC 20-43-4-1, an eligible pupil of the school corporation where the student has legal settlement.
    (c) The state board, based upon recommendations received from the department, shall determine the amounts of state tuition support and federal funds that are necessary to fund options for improvement implemented by the state board under this chapter with respect to each turnaround academy.
    (d) The department shall do the following:
        (1) Withhold from state tuition support and federal funds otherwise to be distributed to the school corporation of the school operated as a turnaround academy under this chapter the amount determined under subsection (c) for the affected students. The amount withheld under this subdivision may not exceed the total per pupil funding for the affected students.
        (2) Enter into any contracts necessary to implement the options for improvement implemented for the school by the state board, including contracts with a special management team assigned under IC 20-31-9-4 to operate the school as a turnaround academy.
        (3) Make payments under the contracts entered into under subdivision (2) with funds withheld from the school corporation under subdivision (1).
As added by P.L.229-2011, SEC.190.

IC 20-31-9.5-4
Eligibility of students to enroll in turnaround academy
    
Sec. 4. Any student who lives in the attendance area served by a school that is operated as a turnaround academy under this chapter may attend the turnaround academy. The turnaround academy may not refuse enrollment to a student who lives in the attendance area.
As added by P.L.229-2011, SEC.190. Amended by P.L.6-2012, SEC.141.

IC 20-31-9.5-5
Oversight of special management team by mayor; petition
    
Sec. 5. (a) The executive of a city or county in which one (1) or more turnaround academies are located may petition the state board to oversee the special management team. The petition must include the following:
        (1) The names of one (1) or more turnaround academies located within the executive's jurisdiction for which the executive wishes to conduct oversight.


        (2) The functions the executive wishes to perform.
        (3) Information on how and by whom those functions will be carried out.
    (b) The state board may approve or not approve a petition under this section in whole or part.
As added by P.L.229-2011, SEC.190.

IC 20-31-9.5-6
Rules
    
Sec. 6. The state board may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.229-2011, SEC.190.

IC 20-31-9.5-7
Contract; special management team; pensions; collective bargaining
    
Sec. 7. (a) If the state board assigns a special management team to a school, the state board shall enter into a contract with a special management team that includes the following provisions:
        (1) A requirement that the special management team and the governing body conduct a public meeting two (2) times each year to provide a report concerning:
            (A) student achievement of affected students; and
            (B) the condition of the school property and to address issues related to the school property.
        (2) A requirement that the student instruction must be provided by teachers licensed under IC 20-28-5.
    (b) Individuals employed by the special management team are entitled to participate in either:
        (1) the state teachers' retirement fund created by IC 5-10.4; or
        (2) the public employees' retirement fund created by IC 5-10.3.
    (c) Employees of a special management team are not required to organize and collectively bargain under IC 20-29-6.
As added by P.L.160-2012, SEC.52.

IC 20-31-9.5-8
Distributions to correct 2012 withholdings authorized; conditions; appropriation
    
Sec. 8. (a) If the state board, upon remand of the Marion County Circuit Court case of Board of School Commissioners of the City of Indianapolis v. Indiana State Board of Education and Indiana Department of Education (cause number 49D03-1206-MI-023257), determines that the Indianapolis public school corporation or any other school corporation is entitled to a distribution to correct the amount that was withheld under IC 20-31-9.5 during July through December 2012 from state tuition support and federal funds otherwise to be distributed to the school corporation, the following apply:
        (1) The state board shall make distributions to the following:
            (A) The Indianapolis public school corporation.


            (B) Any other school corporation affected by a redetermination of the amount that was withheld under IC 20-31-9.5 during July through December 2012.
        (2) Before making a distribution to a school corporation under this section, the state board must obtain from the recipient school corporation an agreement that the school corporation will dismiss and not pursue any claims against the state or any state officer or entity, the special management team, or the turnaround academy with regard to distributions received by the special management team or turnaround academy under IC 20-31-9.5 during July through December 2012.
    (b) There is appropriated from the state general fund to the state board for the 2012-2013 state fiscal year, seven million four hundred five thousand eight hundred ninety-two dollars ($7,405,892) to make distributions as provided in subsection (a).
As added by P.L.205-2013, SEC.257.