Bill Text: IN HB1369 | 2011 | Regular Session | Amended
Bill Title: Education.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Enrolled - Dead) 2011-04-29 - Conference committee report 1 : rejected by the Senate Roll Call 534: yeas 9, nays 41 [HB1369 Detail]
Download: Indiana-2011-HB1369-Amended.html
Citations Affected: IC 20-18; IC 20-23; IC 20-25; IC 20-26; IC 20-28.
Synopsis: Pay to performance program for school administrators.
Requires the department of education and school corporations to work
together to set performance goals for improvement in: (1) standardized
testing; (2) retention of students and graduation rates; (3) budgeting
and fiscal performance; and (4) school administrator professional
development. Requires a contract of employment entered into between
the governing body of the school corporation and a school
administrator to include provisions concerning compensation based on
the individual's performance in meeting the goals for improvement for
certain criteria. Provides that a superintendent of schools is not
required to hold a teacher's or superintendent's license. Provides that
a school corporation may have a policy to require administrators to be
residents of the school corporation. Repeals a requirement that a county
superintendent of schools must have five years of successful teaching
experience and hold a superintendent's license.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Education.
February 8, 2011, amended, reported _ Do Pass. Recommitted to Committee on Ways and
Means pursuant to Rule 127.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
(b) For purposes of IC 20-28, the term includes the following:
(1) A superintendent who holds a license under IC 20-28-5.
(2) A supervisor.
(3) A principal.
(4) An attendance officer.
(5) A teacher.
(6) A librarian.
employment and service of other licensed school personnel. However,
the metropolitan superintendent of schools is not required to hold
a license under IC 20-28-5. The metropolitan superintendent of
schools' salary and expense allowance is fixed by the metropolitan
board of education. The metropolitan superintendent of schools'
original contract:
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitan superintendent
of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitan
superintendent of schools; and
(2) make other decisions and perform other duties as required by
law.
(d) A:
(1) county superintendent;
(2) city school superintendent; or
(3) town superintendent;
in a metropolitan school district shall continue in the superintendents'
respective employment at the same salary, paid in the same manner and
according to the same terms as agreed to before the formation of the
metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and
(2) designate:
(A) one (1) of the superintendents in the metropolitan school
district; or
(B) a competent and qualified person as determined by the
board;
to perform the duties of the metropolitan superintendent of the
metropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint a superintendent
of the metropolitan school district and other administrative supervisory
officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended;
or
(3) the previous superintendent:
(A) died; or
(B) resigned.
(g) The appointment and salary of the metropolitan superintendent
of schools appointed under subsection (f) shall be made, set, and paid
as provided in this chapter.
(1) a principal;
(2) an assistant principal;
(3) a superintendent;
(4) an assistant superintendent; or
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs of the school corporation and to establish, locate, and provide the necessary schools, school libraries, other libraries where permitted by law, other buildings, facilities, property, and equipment.
(3) To appropriate from the school corporation's general fund an amount, not to exceed the greater of three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve thousand five hundred dollars ($12,500), based on the school corporation's previous year's ADM, to promote the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or awards;
(B) provision for expenses incurred in interviewing job applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or maintenance of real estate, real estate improvements, or an interest in real estate or real estate improvements, as the governing body considers necessary for school purposes, including buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents (who
are not required to hold a license under IC 20-28-5),
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 4.5. (a) Notwithstanding IC 20-28-10-13, the
governing body of a school corporation may establish a policy to
require administrators (as defined in IC 20-25-2-2) hired after July
1, 2011, to be residents of the school corporation.
(b) A policy established under subsection (a) must do the
following:
(1) Include in the policy persons hired as administrators after
June 30, 2011, who were teachers in the school corporation on
or before June 30, 2011.
(2) Exclude from the policy administrators hired by contract
before July 1, 2011, whose contracts are renewed after June
30, 2011.
(1) If the superintendent holds a license under IC 20-28-5, the basic contract must be in the form of the regular teacher's contract.
(2) The contract must be for a term of at least thirty-six (36) months.
(3) The contract may be altered or rescinded for a new one at any time by mutual consent of the governing body and the superintendent. The consent of both parties must be in writing and must be expressed in a manner consistent with this section and sections 7 through 8 of this chapter.
(4) If the superintendent holds a license under IC 20-28-5, the rights of a superintendent as a teacher under any other law are not affected by the contract.
(1) On any date, if the governing body and the superintendent mutually consent.
(2) Before the expiration date set forth in the contract, if the governing body terminates the contract:
(A) for cause under a statute that sets forth causes for dismissal of teachers, if the superintendent is licensed under IC 20-28-5; or
(B) for:
(i) immorality;
(ii) misconduct in office;
(iii) incompetency; or
(iv) willful neglect of duty;
if the superintendent is not licensed under IC 20-28-5.
However, the governing body must give the superintendent proper notice and, if the superintendent requests a hearing at least ten (10) days before the termination, must grant the superintendent a hearing at an official meeting of the governing body.
(3) On the expiration date set forth in the contract, if the governing body not later than January 1 of the year in which the contract expires gives notice to the superintendent in writing, delivered in person or by registered mail.
(4) On the expiration date set forth in the contract, if the superintendent not later than January 1 of the year in which the contract expires gives proper notice in writing to the governing body.
Chapter 8.5. Pay to Performance Program for School Administrators
Sec. 1. As used in this chapter, "school administrator" refers to any of the following individuals employed by a school corporation:
(1) A superintendent.
(2) An assistant superintendent.
(3) A principal.
(4) A vice principal.
(5) A school business official.
Sec. 2. Each school corporation, in collaboration with the state board, shall set goals for improvement in:
(1) student standardized test scores;
(2) student graduation rates;
(3) retention of students;
(4) budget and fiscal performance; and
(5) teacher professional development.
Sec. 3. The state board shall adopt a model school administrator incentive pay program to be implemented by local school boards in awarding pay to performance incentives for school administrators based solely on the criteria listed in section 2 of this chapter.
Sec. 4. Each local school board shall recommend improvement
goals in each of the categories listed in section 2 of this chapter for
approval by the state board.
Sec. 5. (a) A school corporation shall implement and maintain
a method of compensation for its school administrators that
includes job performance and job accomplishments as a significant
factor in determining compensation and additional compensation.
The assessment of job performance shall incorporate a rigorous,
transparent, and fair evaluation system that evaluates a school
administrator's performance, at least in part, based upon data on
student growth as measured by assessments and other objective
criteria.
(b) A contract of employment entered into between the
governing body of the school corporation and an individual listed
in section 1(1) through 1(4) of this chapter shall include provisions
concerning compensation based on the individual's performance in
meeting the goals for improvement for the criteria listed in section
2 of this chapter.
(c) A contract of employment entered into between the
governing body of the school corporation and a school business
official shall include provisions concerning compensation based on
the individual's performance in meeting the goals for improvement
for the criteria listed in section 2(4) of this chapter.
(d) If a collective bargaining agreement is in effect before July
1, 2011, for a school administrator of a school corporation, and if
that collective bargaining agreement prevents compliance with
subsection (a), subsection (a) does not apply to that school
corporation until after the expiration of that collective bargaining
agreement.
