Indiana-2011-HB1369-Enrolled

First Regular Session 117th General Assembly (2011)

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 ~~this~~ ~~style~~ ~~type.~~
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HOUSE ENROLLED ACT No. 1369

AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-26-5-4.2; (11)HE1369.1.3. -->     SECTION 3. IC 20-26-5-4.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.2. (a) This section applies to a school corporation that employs a licensed curriculum:
        (1) supervisor;
        (2) director;
        (3) executive; or
        (4) officer;
for the school corporation.
    (b) The governing body of a school corporation to which this section applies may hire as superintendent an individual who:
        (1) is not licensed under IC 20-28; and
        (2) has not less than ten (10) years' experience in education in either the public or private sector.

SOURCE: IC 20-28-8.5; (11)HE1369.1.4. -->     SECTION 4. IC 20-28-8.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     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 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) teacher and administrator professional development that conforms to IC 20-20-31;
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. The governing body shall report the goals to the department before January 1 of 2012 and each subsequent year.
    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) Beginning with the 2012-2013 school year, 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 a bonus of not more than 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) Beginning with the 2012-2013 school year, 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 a bonus of not more than 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.

SOURCE: ; (11)HE1369.1.6. -->     SECTION 6. [EFFECTIVE JULY 1, 2011] (a) The definitions in IC 20-18-2 apply to this SECTION.
    (b) The legislative council is requested to assign the following topics to an education study committee during the 2011 legislative interim:
        (1) Superintendent compensation throughout Indiana, including salary and salary related fringe benefits and accident, sickness, health, dental, and retirement benefits.
        (2) The amount and funding sources of superintendent

severance payments.
(3) Whether the establishment of a statewide salary schedule, based upon school corporation ADM, would be beneficial to governing bodies and the state.
(c) This SECTION expires November 1, 2011.