Bill Text: IN HB1358 | 2013 | Regular Session | Amended
Bill Title: Parental initiatives for school reorganization.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-02-21 - Recommitted to Committee on Rules and Legislative Procedures [HB1358 Detail]
Download: Indiana-2013-HB1358-Amended.html
Citations Affected: IC 20-24; IC 20-52; IC 36-1.5.
Synopsis: Parental initiatives for school reorganization. Establishes
the following parental initiatives for school reorganization of low
performing schools: (1) The conversion of an existing public school
into a charter school. (2) A petition to have the state board of education
consider intervention and establish a lead partner to support the
operation of the school. (3). The transfer of the operation of a charter
school to the school corporation in which the charter school is located.
Repeals current provisions concerning the conversion of existing public
schools into charter schools.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Education.
February 14, 2013, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) This subsection applies if the number of applications for a program, class, grade level, or building exceeds the capacity of the program, class, grade level, or building. If a charter school receives a greater number of applications than there are spaces for students, each timely applicant must be given an equal chance of admission. The
organizer must determine which of the applicants will be admitted to
the charter school or the program, class, grade level, or building by
random drawing in a public meeting.
(c) A charter school may limit new admissions to the charter school
to:
(1) ensure that a student who attends the charter school during a
school year may continue to attend the charter school in
subsequent years; and
(2) allow the siblings of a student who attends a charter school to
attend the charter school.
(d) This subsection applies to an existing school that converts to a
charter school under IC 20-24-11. IC 20-52-3. During the school year
in which the existing school converts to a charter school, the charter
school may limit admission to:
(1) those students who were enrolled in the charter school on the
date of the conversion; and
(2) siblings of students described in subdivision (1).
ARTICLE 52. PARENTAL INITIATIVES FOR SCHOOL REORGANIZATION
Chapter 1. Application
Sec. 1. This article applies if, in the second or a subsequent year after initial placement in either of the two (2) lowest categories or designations under IC 20-31-9, a school remains in either of the two (2) lowest categories or designations.
Chapter 2. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. The definitions in IC 20-24-1 apply throughout this article.
Sec. 3. "Designated school" refers to a school to which this article applies.
Sec. 4. "Household" means a unit consisting of a student who attends a designated school and a parent of the student.
Sec. 5. "Lead partner" means an organization that employs research based strategies to yield demonstrable and sustainable results.
Chapter 3. Low Performing Schools; Parental Options
Sec. 1. This chapter does not apply to an existing public elementary or secondary school, including a charter school, that has been scheduled for closure by the governing body of the charter school or the school corporation in which the school is located.
Sec. 2. (a) This section does not apply to a designated school that is a charter school.
(b) An existing public elementary or secondary school that is a designated school may be converted into a charter school if:
(1) the parents of at least fifty-one percent (51%) of the number of students who attend the designated school have signed a petition requesting the conversion; or
(2) the governing body votes to convert an existing school within the school corporation.
(c) The parents of at least fifty-one percent (51%) of the number of students who attend a designated school may petition the state board to place the school immediately under IC 20-31-9-4 and have the school supported by a lead partner.
Sec. 3. (a) This section applies to a designated school that is a charter school.
(b) An existing charter school that is a designated school may be transferred to the school corporation whose attendance area includes the location of the charter school that is a designated school. The charter school that is a designated school may be transferred to the school corporation if the parents of at least fifty-one percent (51%) of the number of students who attend the designated school have signed a petition requesting the transfer.
Sec. 4. A petition under this chapter must satisfy the requirements set forth in IC 20-52-4.
Chapter 4. Parental Petitions
Sec. 1. A petition under IC 20-52-3-2 must satisfy the following requirements:
(1) The petition must state which reorganization option the petitioners seek.
(2) A petition for conversion into a charter school:
(A) may include the name of a specific, existing charter school operator that proposes to operate the school and completed charter applications for the school; or
(B) may be circulated without the name of a specific charter school operator. If the petition is circulated without the name of a charter school operator, a proposed charter school operator must be selected not later than
ninety (90) days after the petition is submitted to the state
board for approval under section 4 of this chapter.
The proposed charter school operator may be a group of
parents.
(3) A petition for operation of the school by a lead partner:
(A) may include the name of a specific external education
intervention organization that seeks to be a lead partner
for the school and a proposal from the organization; or
(B) may be circulated without the name of a specific
proposed lead partner. If the petition is circulated without
the name of a proposed lead partner, the lead partner must
be selected not later than ninety (90) days after the petition
is submitted to the state board for approval under section
4 of this chapter.
(4) The petition may be signed only by a parent in a household
and by only one (1) parent.
(5) A parent in a household may sign the petition the number
of times that equals the number of students who reside in the
household and attend the designated school.
(6) Each signature must include the signer's printed name and
address.
(7) A petition must include the requisite signatures specified
in IC 20-52-3-2.
(8) A completed petition containing the requisite signatures
acquired must be submitted to the governing body. For
purposes of determining the number of valid signatures
required to implement the reorganization options under
IC 20-52-3, the total number of students considered to be
enrolled at the school is the number of student population on
the date on which the petition is submitted to the governing
body.
Sec. 2. (a) A parent may not be harassed, threatened, or
otherwise intimidated when circulating a petition, signing a
petition, or refusing to sign a petition.
(b) The resources of the designated school or the school
corporation may not be used to support or oppose a petition.
Sec. 3. (a) This subsection does not apply to the transfer of the
operation of charter school that is a designated school to a school
corporation. After the governing body receives a completed
petition containing the requisite signatures, the governing body
shall deliver the petition and the roster of students who attend the
designated school, including the addresses and the names of the
parents of the students, to the state board. The state board shall
verify:
(1) each signature as being that of a parent in a household;
and
(2) that the number of times an adult member signed the
petition does not exceed the number of students in the
household who attend the designated school.
(b) This subsection applies to the transfer of the operation of a
charter school that is a designated school to a school corporation.
The group circulating the petition must submit the petition to the
governing body of the charter school that is a designated school.
The governing body of the charter school shall deliver the petition
and the roster of students who attend the charter school that is a
designated school, including the adresses and the names of the
parents of the students, to the state board. The state board shall
verify:
(1) each signature as being that of a parent in a household;
and
(2) that the number of times an adult member signed the
petition does not exceed the number of students in the
household who attend the charter school that is a designated
school.
(c) In verifying signatures under subsections (a) and (b), the
state board shall accept a signature if the intent of the parent to
sign can be determined.
(d) If, after verification under subsections (a) and (b), the
number of verified signatures falls below fifty-one percent (51%)
of the number of students in the designated school, the group
circulating the petition must be given an additional thirty (30) days
to collect additional signatures and return the modified petition to
the state board.
Sec. 4. (a) If a petition that has been verified under section 3 of
this chapter contains a number of signatures equal to at least
fifty-one percent (51%) of the number of students in the designated
school, the state board shall approve or deny the petition.
(b) The state board shall maintain accurate records of each
petition submitted under this chapter.
(c) The state board may deny a petition if the petition has been
submitted for a reason other than academic improvement or
student safety.
Chapter 5. Conversion to a Charter School
Sec. 1. (a) After the state board has approved a petition to
convert a designated school to a charter school under IC 20-52-4-4,
the charter school operator selected by the petitioning group must
obtain a sponsor that approves the charter application.
(b) If parents successfully complete a petition for a designated
school that has been placed in either of the two (2) lowest
categories or designations under IC 20-31-8-4 for four (4)
consecutive years, the governing body may not serve as that
charter school's sponsor.
Sec. 2. Unless the petition specifies otherwise or the state board
specifies a different date, the conversion of a designated school to
a charter school becomes effective on the first day of the school
year that begins in the calendar year immediately following the
calendar year in which the petition was approved.
Sec. 3. The school corporation in which the conversion charter
school is located shall share all student records for the designated
school with the charter school operator.
Sec. 4. (a) A conversion charter school shall accept all students
who attended the conversion charter school before its conversion
and who wish to attend the conversion charter school.
(b) Students who attended the conversion charter school before
the school's conversion and who do not wish to attend the
conversion charter school shall be assigned to other schools
operated by the school corporation.
Sec. 5. IC 20-24 applies to the operation of a conversion charter
school.
Chapter 6. Operation with a Lead Partner
Sec. 1. Unless the petition specifies otherwise or the state board
specifies a different date, the operation of a designated school with
the support of a lead partner becomes effective on the first day of
the school year that begins in the calendar year immediately
following the calendar year in which the petition was approved.
Sec. 2. The school corporation in which the designated school is
located shall share all student records for the designated school
with the lead partner.
Sec. 3. The lead partner shall:
(1) hold regular community meetings, of which notice must be
given throughout the school corporation, to report on the
school's operation; and
(2) issue at least two (2) reports of school progress each school
year.
Chapter 7. Transfer of the Operation of a Charter School
Sec. 1. (a) After the state board has approved a petition to
transfer the operation of a charter school that is a designated
school to the school corporation whose attendance area includes
the location of the charter school that is a designated school:
(1) notwithstanding any other law, the charter of the
designated school is revoked on the date established in section
2 of this chapter;
(2) the charter school that is a designated school and the
governing body of the school corporation shall work together
to resolve issues relating to the transfer of the operation of the
school; and
(3) unless the governing body of the school corporation and
the charter school otherwise agree, the governing body of the
school corporation whose attendance area includes the
location of the charter school must offer to purchase the
charter school that is a designated school, and the amount of
the offer must include:
(A) a debt relating to the charter school that is authorized
by the state board under IC 20-52-8-1; and
(B) either:
(i) for a school building obtained by a charter school
under IC 20-26-7-1, the costs for improvements made by
the charter school that is a designated school to the
school building, determined in the manner prescribed by
the state board; or
(ii) for a school building that was not obtained by a
charter school under IC 20-26-7-1, the value of the
school building based upon an appraisal of the property.
(b) If the charter school that is a designated school refuses the
offer to purchase the school building under subsection (a), the
governing body of the school corporation shall provide educational
service to the students of the charter school at a location
determined by the governing body of the school corporation.
Sec. 2. Unless the petition specifies otherwise or the state board
specifies a different date, the transfer of the operation of a charter
school that is a designated school to a school corporation becomes
effective on the first day of the school year that begins in the
calendar year immediately following the calendar year in which
the petition was approved.
Sec. 3. The charter school that is a designated school shall share
all student records with the school corporation to which the
operation of the school has been transferred.
Sec. 4. (a) A conversion charter school shall accept all students
who attended the school before its conversion and who wish to
attend the conversion charter school.
(b) Students who attended the conversion charter school before
the school's conversion and who do not wish to attend the
conversion charter school shall be assigned to other schools
operated by the school corporation.
Chapter 8. Rules
Sec. 1. The state board shall adopt rules under IC 4-22-2 and
may adopt emergency rules in the manner provided under
IC 4-22-2-37.1 to carry out this article. Rules adopted under this
section must include the following:
(1) Formats for petitions.
(2) Petition submission requirements.
(3) Petition signature verification processes and requirements.
(4) Qualifications for conversion charter school operators and
lead partners.
(5) Reporting requirements to the state board and
communities for conversion charter school operators and lead
partners.
(6) Requirements for the transfer of the operation of a charter
school that is a designated school to a school corporation,
including the types of debts that a school corporation must
include in an offer to purchase a charter school building
under IC 20-52-7-1.
(1) subject to subsection (b), the fiscal bodies of the reorganizing political subdivisions shall, in the manner provided by IC 6-1.1-17, adopt tax levies, tax rates, and a budget for the reorganized political subdivision either through the adoption of substantially identical resolutions adopted by each of the fiscal bodies or, if authorized in the plan of reorganization, through a joint board established under an agreement of the fiscal bodies on which the members of each of the fiscal bodies are represented; and
(2) if the reorganized political subdivision will have elected offices and different election districts than any of the reorganizing political subdivisions, the legislative bodies of the reorganizing political subdivisions shall establish the election districts either through the adoption of substantially identical resolutions adopted
by each of the legislative bodies or, if authorized in the plan of
reorganization, through a joint board established under an
agreement of the legislative bodies on which the members of each
of the legislative bodies are represented.
(b) This subsection applies to two (2) or more school corporations
that participate in a reorganization in which the voters approve a plan
of reorganization in a general election and the plan of reorganization
provides for the reorganization to become effective for property taxes
first due and payable in the immediately following calendar year. The
participating school corporations may publish notices, hold public
hearings, and take final action for the adoption of property tax levies,
property tax rates, and a budget for the reorganized school corporation
after the voters approve the plan of reorganization. The alternative
schedule must comply with the following:
(1) Each participating school corporation shall give notice by
publication to taxpayers of:
(A) the estimated budget;
(B) the estimated maximum permissible levy;
(C) the current and proposed tax levies of each fund; and
(D) the amounts of excessive levy appeals to be requested;
for the ensuing year. The notice must be published twice in
accordance with IC 5-3-1 with the first publication at least ten
(10) days before the date fixed for the public hearing and with the
last publication not later than November 24 of the year the public
question is approved by the voters.
(2) Each participating school corporation must conduct a public
hearing on the proposed tax levies, tax rates, and budget at least
ten (10) days before the date the participating school corporation
adopts the proposed tax levies, tax rates, and budget.
(3) The governing body of each participating school corporation
must meet to fix the tax levies, tax rates, and budget for the
ensuing year before December 6 of the year the public question
is approved by the voters.
(4) The county auditor shall certify the adopted property tax
levies, property tax rates, and budget for the reorganized school
corporation to the department of local government finance before
December 8 in the year in which the public question is approved
by the voters.
The department of local government finance may adjust any other
applicable time limit specified in IC 6-1.1-17 to be consistent with this
section. However, the department of local government finance is
expressly directed to complete the duties assigned to it under
IC 6-1.1-17-16 with respect to the submitted property tax levies,
property tax rates, and budget not later than February 15 in the ensuing
year.
(c) If a school is converted into a charter school under IC 20-24-11,
IC 20-52-5, the charter school must, before December 1 of each year,
publish its estimated annual budget for the ensuing year in accordance
with IC 5-3-1.
