Bill Text: IN HB1369 | 2011 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 2-5; IC 5-14; IC 20-18; IC 20-23; IC 20-25;
IC 20-28; IC 34-30.
Effective: July 1, 2011.
(SENATE SPONSOR _ KRUSE)
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.
February 10, 2011, referral to Committee on Ways and Means withdrawn.
February 15, 2011, read second time, amended, ordered engrossed.
February 16, 2011, engrossed.
February 17, 2011, read third time, passed. Yeas 53, nays 36.
February 22, 2011, read first time and referred to Committee on Education and Career Development.
April 14, 2011, amended, reported favorably _ Do Pass.
Digest Continued
schools. Provides that a severance package for a school corporation superintendent may not include state funds in an amount greater than the superintendent's salary for one year. 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) other areas the school corporation considers important. 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. Repeals a requirement that a county superintendent of schools must have five years of successful teaching experience and hold a superintendent's license.
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.
Chapter 32.9. High School Graduation Study Committee
Sec. 1. As used in this chapter, "committee" refers to the high school graduation study committee established by section 2 of this chapter.
Sec. 2. The high school graduation study committee is established to do the following:
(1) Study the causes of low graduation rates in Indiana high schools that have less than a fifty percent (50%) graduation rate.
(2) Identify best practices that increase graduation rates in high schools in Indiana and other states.
(3) Highlight training and technical assistance opportunities for high schools to effectively address low graduation rates.
Sec. 3. The committee consists of the following fourteen (14)
members:
(1) The state superintendent of public instruction or the state
superintendent's designee.
(2) The executive director of the Indiana Association of Public
School Superintendents or the executive director's designee.
(3) The executive director of the Indiana School Board
Association or the executive director's designee.
(4) The executive director of the Indiana Association of School
Principals or the executive director's designee.
(5) Two (2) members of the house of representatives
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be
members of the same political party.
(6) Two (2) members of the senate appointed by the president
pro tempore of the senate. The members appointed under this
subdivision may not be members of the same political party.
(7) One (1) public high school principal appointed by the
governor.
(8) One (1) charter high school principal appointed by the
governor.
(9) One (1) nonpublic accredited high school principal
appointed by the governor.
(10) One (1) certificated employee (as defined in IC 20-29-2-4)
who is a public high school teacher, appointed by the
governor.
(11) One (1) certificated employee (as defined in IC 20-29-2-4)
who is a teacher at a charter high school, appointed by the
governor.
(12) One (1) individual who is a teacher at an accredited
nonpublic high school, appointed by the governor.
Sec. 4. Each member of the committee serves a term of two (2)
years. A member appointed to fill a vacancy holds office for the
remainder of the unexpired term.
Sec. 5. The chairman of the legislative council shall appoint a
legislative member of the committee to serve as chair of the
committee.
Sec. 6. The committee shall operate under the policies governing
study committees adopted by the legislative council except that the
members of the committee who are not legislators shall serve
without compensation.
Sec. 7. The legislative services agency shall provide
administrative support for the committee. At the request of the
legislative services agency, the department of education shall assign
staff to provide research and other support to assist the legislative
services agency in providing administrative support to the
committee.
Sec. 8. The affirmative votes of a majority of the members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
Sec. 9. Not later than December 1, 2012, the committee shall
submit a status report to the governor and the legislative council
on the activities of the committee and any action the committee has
taken. The committee shall issue a final report stating the findings,
conclusions, and recommendations of the committee by November
1, 2013. The committee shall submit the reports to the governor
and the legislative council. A report submitted under this section
to the legislative council must be in an electronic format under
IC 5-14-6.
Sec. 10. This chapter expires December 1, 2013.
Chapter 3.7. Access to Financial Data Concerning Local Schools
Sec. 1. As used in this chapter, "department" refers to the department of education established by IC 20-19-3-1.
Sec. 2. As used in this chapter, " public school" has the meaning set forth in IC 20-18-2-15.
Sec. 3. (a) The department, working with:
(1) the office of technology established by IC 4-13.1-2-1 or another organization that is part of a state educational institution;
(2) the state board of accounts established by IC 5-11-1-1;
(3) the department of local government finance; and
(4) the office of management and budget established by IC 4-3-22-3;
shall post on the department's Internet web site a data base that lists expenditures and fund balances, including expenditures for contracts, grants, and leases, of public schools. The web site data base must be electronically searchable by the public.
(b) The data base under subsection (a) must include for public schools:
(1) the amount, date, payer, and payee of expenditures;
(2) a listing of expenditures by:
(A) personal services, including the value of
administrators' benefits packages;
(B) other operating expenses; and
(C) total operating expenses;
(3) a listing of fund balances;
(4) a listing of real and personal property owned by the public
school; and
(5) the report required under IC 6-1.1-33.5-7.
Sec. 4. To the extent possible, the department shall present
information in the data base established under this chapter in a
manner that is searchable and intuitive to users.
Sec. 5. (a) The department may not allow public access under
this chapter to:
(1) a payee's address;
(2) personal information that is protected under state or
federal law or by rule; or
(3) information that is protected as a trade secret under state
or federal law or by rule.
(b) The department may make information protected under
subsection (a) available in an aggregate format only.
Sec. 6. Employees of the department are immune from any civil
liability for posting confidential information under section 5 of this
chapter if an employee of the department posted the information
in reliance on a determination made by a public school about the
confidentiality of information relating to the educational
institution's expenditures or fund balances.
Sec. 7. To the extent that any information required to be in the
data base established under this chapter is collected or maintained
by a public school, the public school shall provide that information
to the department for inclusion in the data base.
Sec. 8. The department may not charge a fee for access to the
data base established under this chapter.
Sec. 9. Except as provided in section 10 of this chapter, a public
school shall cooperate with and provide information to the
department as necessary to implement and administer this chapter.
Sec. 10. This chapter does not require a public school or state
agency to record information or expend resources for the purpose
of computer programming to make information reportable under
this chapter. This section does not waive requirements under any
law that a prescribed form must be submitted electronically.
Sec. 11. The office of technology established by IC 4-13.1-2-1
shall work with the department to include on the Internet web site
on which the data base is established under this chapter a link to
the Internet web site of each Internet web site operated by:
(1) the state; or
(2) a public school.
Sec. 12. Each public school shall include on the public school's
Internet web site a link to the Internet web site data base
established under this chapter.
Sec. 13. The department and the office of technology shall
initially complete the design of the Internet web site data base
established under this chapter and establish and post the
information required under this chapter for all public schools.
Sec. 14. Not later than November 15, 2011, the department shall
provide a report to the state board of finance and the legislative
council on the progress the office has made to comply with this
chapter. The report to the legislative council must be in an
electronic format under IC 5-14-6.
Sec. 15. In order to comply with this chapter, the department
may require that forms required to be submitted under this
chapter be submitted in an electronic format.
(1) A superintendent.
(2) An assistant superintendent.
(3) A principal.
(4) An assistant principal.
(b) For purposes of IC 20-25, "administrator" has the meaning set forth in IC 20-25-2-2.
(c) For purposes of IC 20-28-8.5, "administrator" has the meaning set forth in IC 20-28-8.5-1.
(1) a principal;
(2) an assistant principal;
(3) a superintendent;
(4) an assistant superintendent; or
severance payment is appropriate for an individual to whom this
chapter applies, the amount of state funding used in the severance
payment may not exceed an amount equal to one (1) year's salary
for the individual.
Chapter 8.5. Pay to Performance Program for School Administrators
Sec. 1. As used in this chapter, "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 corporation's chief financial officer.
Sec. 2. Each school corporation, in collaboration with the state board, shall set goals for an administrator's improvement in:
(1) student growth and performance;
(2) student graduation rates and retention;
(3) budget and fiscal performance; and
(4) any other areas the governing body considers significant for the school corporation;
to the extent that an area is included in the administrator's duties.
Sec. 3. The state board shall adopt a model administrator incentive pay program to be implemented by governing bodies in awarding pay to performance incentives for administrators based solely on the categories listed in section 2 of this chapter.
Sec. 4. Each governing body shall adopt improvement goals in each of the categories listed in section 2 of this chapter.
Sec. 5. (a) A school corporation shall implement and maintain a method of compensation for its 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 an 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, under which the individual is entitled to
receive not more than ninety-five percent (95%) of the individual's
compensation automatically, with the remainder of at least five
percent (5%) based on the individual's performance in meeting the
goals for improvement for the categories 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 chief
financial officer shall include provisions concerning compensation,
under which the individual is entitled to receive not more than
ninety-five percent (95%) of the individual's compensation
automatically, with the remainder of at least five percent (5%)
based on the individual's performance in meeting the goals for
improvement for the categories listed in section 2(3) of this
chapter.
(d) If a collective bargaining agreement is in effect before July
1, 2011, for an 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.
