Indiana-2012-SB0129-Introduced

January 4, 2012, read first time and referred to Committee on Education and Career Development.

Introduced

Second Regular Session 117th General Assembly (2012)

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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SENATE BILL No. 129

A BILL FOR AN ACT to amend the Indiana Code concerning education.

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

SOURCE: IC 20-20-8-6; (12)IN0129.1.5. -->     SECTION 5. IC 20-20-8-6, AS AMENDED BY P.L.2-2007, SECTION 203, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. A report must contain the following:
        (1) The information listed in section 8 of this chapter for each of the preceding three (3) years.
        (2) Additional components determined under section 7(4) of this chapter.
        (3) Additional information or explanation that the governing body wishes to include, including the following:
            (A) Results of nationally recognized assessments of students under programs other than the ~~ISTEP~~ assessment program that a school corporation, including a charter school, uses to determine if students are meeting or exceeding academic standards in grades that are tested under the ~~ISTEP~~ assessment program.
            (B) Results of assessments of students under programs other than the ~~ISTEP~~ assessment program that a school corporation uses to determine if students are meeting or exceeding academic standards in grades that are not tested under the ~~ISTEP~~ assessment program.
            (C) The number and types of staff professional development programs.
            (D) The number and types of partnerships with the community, business, or postsecondary education.
            (E) Levels of parental participation.

SOURCE: IC 20-20-8-8; (12)IN0129.1.6. -->     SECTION 6. IC 20-20-8-8, AS AMENDED BY P.L.3-2008, SECTION 115, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The report must include the following information:
        (1) Student enrollment.
        (2) Graduation rate (as defined in IC 20-26-13-6).
        (3) Attendance rate.
        (4) The following test scores, including the number and percentage of students meeting academic standards:

            (A) ~~ISTEP~~ Assessment program test scores.
            (B) Scores for assessments under IC 20-32-5-21, if appropriate.
            (C) For a freeway school, scores on a locally adopted assessment program, if appropriate.
        (5) Average class size.
        (6) The number and percentage of students in the following groups or programs:
            (A) Alternative education, if offered.
            (B) Career and technical education.
            (C) Special education.
            (D) High ability.
            (E) Remediation.
            (F) Limited English language proficiency.
            (G) Students receiving free or reduced price lunch under the national school lunch program.
            (H) School flex program, if offered.
        (7) Advanced placement, including the following:
            (A) For advanced placement tests, the percentage of students:
                (i) scoring three (3), four (4), and five (5); and
                (ii) taking the test.
            (B) For the Scholastic Aptitude Test:
                (i) test scores for all students taking the test;
                (ii) test scores for students completing the academic honors diploma program; and
                (iii) the percentage of students taking the test.
        (8) Course completion, including the number and percentage of students completing the following programs:
            (A) Academic honors diploma.
            (B) Core 40 curriculum.
            (C) Career and technical programs.
        (9) The percentage of grade 8 students enrolled in algebra I.
        (10) The percentage of graduates who pursue higher education.
        (11) School safety, including:
            (A) the number of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons; and
            (B) the number of incidents reported under IC 20-33-9.
        (12) Financial information and various school cost factors, including the following:
            (A) Expenditures per pupil.
            (B) Average teacher salary.
            (C) Remediation funding.

        (13) Technology accessibility and use of technology in instruction.
        (14) Interdistrict and intradistrict student mobility rates, if that information is available.
        (15) The number and percentage of each of the following within the school corporation:
            (A) Teachers who are certificated employees (as defined in IC 20-29-2-4).
            (B) Teachers who teach the subject area for which the teacher is certified and holds a license.
            (C) Teachers with national board certification.
        (16) The percentage of grade 3 students reading at grade 3 level.
        (17) The number of students expelled, including the number participating in other recognized education programs during their expulsion.
        (18) Chronic absenteeism, which includes the number of students who have been absent more than ten (10) days from school within a school year without being excused.
        (19) The number of students who have dropped out of school, including the reasons for dropping out.
        (20) The number of student work permits revoked.
        (21) The number of student driver's licenses revoked.
        (22) The number of students who have not advanced to grade 10 due to a lack of completed credits.
        (23) The number of students suspended for any reason.
        (24) The number of students receiving an international baccalaureate diploma.
        (25) Other indicators of performance as recommended by the education roundtable under IC 20-19-4.

SOURCE: IC 20-20-31-10; (12)IN0129.1.8. --> SECTION 8. IC 20-20-31-10, AS AMENDED BY P.L.90-2011, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. The state board shall approve an evaluation system for professional development based on recommendations from the department. The department shall develop a means for measuring successful programs and activities in which schools participate. The measurements must include the following:
(1) A mechanism to identify and develop strategies to collect multiple forms of data that reflect the achievement of expectations

for all students. The data may include the results of ~~ISTEP~~ assessment program tests under IC 20-31-3, IC 20-32-4, IC 20-32-5, and IC 20-32-6, local tests, classroom work, and teacher and administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and student learning, including standards for effective teaching and effective professional development.

SOURCE: IC 20-24-4-1; (12)IN0129.1.9. -->     SECTION 9. IC 20-24-4-1, AS AMENDED BY P.L.91-2011, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A charter must meet the following requirements:
        (1) Be a written instrument.
        (2) Be executed by a sponsor and an organizer.
        (3) Confer certain rights, franchises, privileges, and obligations on a charter school.
        (4) Confirm the status of a charter school as a public school.
        (5) Be granted for:
            (A) not less than three (3) years; and
            (B) a fixed number of years agreed to by the sponsor and the organizer.
        (6) Provide for the following:
            (A) A review by the sponsor of the charter school's performance, including the progress of the charter school in achieving the academic goals set forth in the charter, at least one (1) time in each five (5) year period while the charter is in effect.
            (B) Renewal, if the sponsor and the organizer agree to renew the charter.
        (7) Specify the grounds for the sponsor to:
            (A) revoke the charter before the end of the term for which the charter is granted; or
            (B) not renew a charter.
        (8) Set forth the methods by which the charter school will be held accountable for achieving the educational mission and goals of the charter school, including the following:
            (A) Evidence of improvement in:
                (i) assessment measures, including the ~~ISTEP~~ assessment program and end of course assessments;
                (ii) attendance rates;
                (iii) graduation rates (if appropriate);
                (iv) increased numbers of Core 40 diplomas and other

college and career ready indicators including advanced placement participation and passage, dual credit participation and passage, and International Baccalaureate participation and passage (if appropriate);
                (v) increased numbers of academic honors and technical honors diplomas (if appropriate);
                (vi) student academic growth;
                (vii) financial performance and stability; and
                (viii) governing board performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.
            (B) Evidence of progress toward reaching the educational goals set by the organizer.
        (9) Describe the method to be used to monitor the charter school's:
            (A) compliance with applicable law; and
            (B) performance in meeting targeted educational performance.
        (10) Specify that the sponsor and the organizer may amend the charter during the term of the charter by mutual consent and describe the process for amending the charter.
        (11) Describe specific operating requirements, including all the matters set forth in the application for the charter.
        (12) Specify a date when the charter school will:
            (A) begin school operations; and
            (B) have students attending the charter school.
        (13) Specify that records of a charter school relating to the school's operation and charter are subject to inspection and copying to the same extent that records of a public school are subject to inspection and copying under IC 5-14-3.
        (14) Specify that records provided by the charter school to the department or sponsor that relate to compliance by the organizer with the terms of the charter or applicable state or federal laws are subject to inspection and copying in accordance with IC 5-14-3.
        (15) Specify that the charter school is subject to the requirements of IC 5-14-1.5.
    (b) A charter school shall set annual performance targets in conjunction with the charter school's sponsor. The annual performance targets shall be designed to help each school meet applicable federal, state, and sponsor expectations.

SOURCE: IC 20-24-9-2; (12)IN0129.1.10. --> SECTION 10. IC 20-24-9-2, AS AMENDED BY P.L.91-2011, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. An annual report under this chapter must

contain the following information:
        (1) Results of all standardized testing, including ~~ISTEP~~ assessment program testing, end of course assessments, and any other assessments used for each sponsored school.
        (2) A description of the educational methods and teaching methods employed for each sponsored school.
        (3) Attendance rates for each sponsored school.
        (4) Graduation rates (if appropriate), including attainment of Core 40 and academic honors diplomas for each sponsored school.
        (5) Student enrollment data for each sponsored school, including the following:
            (A) The number of students enrolled.
            (B) The number of students expelled.
        (6) Schools that closed or for which the charter was not renewed, and the reasons for the closure or nonrenewal.

SOURCE: IC 20-26-15-5; (12)IN0129.1.11. -->     SECTION 11. IC 20-26-15-5, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. Notwithstanding any other law, the operation of the following is suspended for a freeway school corporation or a freeway school if the governing body of the school corporation elects to have the specific statute or rule suspended in the contract:
        (1) The following statutes and rules concerning curriculum and instructional time:
            IC 20-30-2-7
            IC 20-30-5-8
            IC 20-30-5-9
            IC 20-30-5-11
            511 IAC 6-7-6
            511 IAC 6.1-3-4
            511 IAC 6.1-5-0.5
            511 IAC 6.1-5-1
            511 IAC 6.1-5-2.5
            511 IAC 6.1-5-3.5
            511 IAC 6.1-5-4.
        (2) The following rule concerning pupil/teacher ratios:
            511 IAC 6.1-4-1.
        (3) The following statutes and rules concerning textbooks:
            IC 20-20-5-1 through IC 20-20-5-4 (before their repeal)
            IC 20-20-5-23 (before its repeal)
            IC 20-26-12-24
            IC 20-26-12-26
            IC 20-26-12-28 (before its repeal)

            IC 20-26-12-1
            IC 20-26-12-2
            511 IAC 6.1-5-5.
        (4) 511 IAC 6-7, concerning graduation requirements.
        (5) IC 20-31-4, concerning the performance based accreditation system.
        (6) IC 20-32-5, concerning the ~~ISTEP~~ assessment program established under IC 20-32-5-15, if an alternative locally adopted assessment program is adopted under section 6(7) of this chapter.

SOURCE: IC 20-26-15-6; (12)IN0129.1.12. -->     SECTION 12. IC 20-26-15-6, AS AMENDED BY P.L.2-2006, SECTION 135, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. Except as provided in this chapter and notwithstanding any other law, a freeway school corporation or a freeway school may do the following during the contract period:
        (1) Disregard the observance of any statute or rule that is listed in the contract.
        (2) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school corporation purpose, if the lessee has not received a bid from a private entity to provide transportation equipment or services for the same purpose.
        (3) Replace the budget and accounting system that is required by law with a budget or accounting system that is frequently used in the private business community. The state board of accounts may not go beyond the requirements imposed upon the state board of accounts by statute in reviewing the budget and accounting system used by a freeway school corporation or a freeway school.
        (4) Establish a professional development and technology fund to be used for:
            (A) professional development; or
            (B) technology, including video distance learning.
        However, any money deposited in the professional development and technology fund for technology purposes must be transferred to the school technology fund.
        (5) Subject to subdivision (4), transfer funds obtained from sources other than state or local government taxation among any accounts of the school corporation, including a professional development and technology fund established under subdivision (4).
        (6) Transfer funds obtained from property taxation and from state distributions among the general fund and the school

transportation fund, subject to the following:
            (A) The sum of the property tax rates for the general fund and the school transportation fund after a transfer occurs under this subdivision may not exceed the sum of the property tax rates for the general fund and the school transportation fund before a transfer occurs under this subdivision.
            (B) This subdivision does not allow a school corporation to transfer to any other fund money from the:
                (i) capital projects fund; or
                (ii) debt service fund.
        (7) Establish a locally adopted assessment program to replace the assessment of students under the ~~ISTEP~~ assessment program established under IC 20-32-5-15, subject to the following:
            (A) A locally adopted assessment program must be established by the governing body and approved by the department.
            (B) A locally adopted assessment program may use a locally developed test or a nationally developed test.
            (C) Results of assessments under a locally adopted assessment program are subject to the same reporting requirements as results under the ~~ISTEP~~ assessment program established under IC 20-32-5.
            (D) Each student who completes a locally adopted assessment program and the student's parent have the same rights to inspection and rescoring as set forth in IC 20-32-5-9.

SOURCE: IC 20-26-15-7; (12)IN0129.1.13. -->     SECTION 13. IC 20-26-15-7, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The minimum educational benefits that a freeway school corporation or a freeway school must produce under this chapter are the following:
        (1) An average attendance rate that increases:
            (A) not less than two percent (2%) each school year until the average attendance rate is eighty-five percent (85%); and
            (B) one percent (1%) each school year until the average attendance rate is ninety percent (90%).
        (2) A successful completion rate of the assessment program by meeting essential standards under the ~~ISTEP~~ assessment program (IC 20-32-5) or a locally adopted assessment program established under section 6(7) of this chapter that increases:
            (A) not less than two percent (2%) each school year until the successful completion rate is not less than eighty-five percent (85%); and
            (B) one percent (1%) each school year until the successful

completion rate is not less than ninety percent (90%);
        of the students in the designated grade levels under the ~~ISTEP~~ assessment program (IC 20-32-5) or the locally adopted assessment program that are grades contained in the freeway school corporation or freeway school.
        (3) Beginning with the class of students who expect to graduate four (4) years after a freeway school corporation or a freeway school that is a high school obtains freeway status, a graduation rate as determined under 511 IAC 6.1-1-2(k) that increases:
            (A) not less than two percent (2%) each school year until the graduation rate is not less than eighty-five percent (85%); and
            (B) one percent (1%) each school year until the graduation rate is ninety percent (90%).
After a freeway school corporation or a freeway school has achieved the minimum rates required under subdivisions (1) through (3), the freeway school corporation or freeway school must either maintain the minimum required rates or show continued improvement of those rates.

SOURCE: IC 20-30-2-2.2; (12)IN0129.1.15. -->     SECTION 15. IC 20-30-2-2.2, AS ADDED BY P.L.242-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.2. (a) As used in this section, "eligible student" means a student in grade 11 or 12 who has:
        (1) failed the ~~ISTEP+~~ assessment program graduation exam at least twice;
        (2) been determined to be chronically absent, by missing more than ten (10) unexcused days of school in one (1) school year;
        (3) been determined to be a habitual truant, as identified under IC 20-33-2-11;
        (4) been significantly behind in credits for graduation, as identified by an individual's school principal;
        (5) previously undergone at least a second suspension from school for the school year under IC 20-33-8-14 or IC 20-33-8-15;
        (6) previously undergone an expulsion from school under IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16; or

        (7) been determined by the individual's principal and the individual's parent or guardian to benefit by participating in the school flex program.
    (b) An eligible student who participates in a school flex program must:
        (1) attend school for at least three (3) hours of instructional time per school day;
        (2) pursue a timely graduation;
        (3) provide evidence of college or technical career education enrollment and attendance or proof of employment and labor that is aligned with the student's career academic sequence under rules established by the Indiana bureau of child labor;
        (4) not be suspended or expelled while participating in a school flex program;
        (5) pursue course and credit requirements for a general diploma; and
        (6) maintain a ninety-five percent (95%) attendance rate.
    (c) A school may allow an eligible student in grade 11 or 12 to complete an instructional day that consists of three (3) hours of instructional time if the student participates in the school flex program.
    (d) If one (1) or more students participate in a school flex program, the principal shall, on forms provided by the department, submit a yearly report to the department of student participation and graduation rates of students who participate in the school flex program.

SOURCE: IC 20-30-4-2; (12)IN0129.1.16. -->     SECTION 16. IC 20-30-4-2, AS AMENDED BY P.L.140-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. In consultation with the student's guidance counselor, after seeking consultation with each student's parents, and not later than the date on which the student completes grade 9, each student shall further develop the graduation plan developed in grade 6 under section 1.5 of this chapter to also include the following:
        (1) The subject and skill areas of interest to the student.
        (2) A program of study under the college/technology preparation curriculum adopted by the state board under IC 20-30-10-2 for grades 10, 11, and 12 that meets the interests and aptitude of the student.
        (3) Assurances that, upon satisfactory fulfillment of the plan, the student:
            (A) is entitled to graduate; and
            (B) will have taken at least the minimum variety and number of courses necessary to gain admittance to a state educational institution.

        (4) An indication of assessments (other than ~~ISTEP~~ assessments required under the assessment program and the graduation examination) that the student plans to take voluntarily during grade 10 through grade 12, and which may include any of the following:
            (A) The SAT Reasoning Test.
            (B) The ACT test.
            (C) Advanced placement exams.
            (D) College readiness exams approved by the department.
            (E) Workforce readiness exams approved by the department of workforce development established under IC 22-4.1-2.

SOURCE: IC 20-31-5-4; (12)IN0129.1.19. --> SECTION 19. IC 20-31-5-4, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A plan must:

        (1) state objectives for a three (3) year period; and
        (2) be annually reviewed and revised to accomplish the achievement objectives of the school.
    (b) A plan must establish objectives for the school to achieve. These achievement objectives must be consistent with academic standards and include improvement in at least the following areas:
        (1) Attendance rate.
        (2) The percentage of students meeting academic standards under the ~~ISTEP~~ assessment program (IC 20-31-3 and IC 20-32-5).
        (3) For a secondary school, graduation rate.
    (c) A plan must address the learning needs of all students, including programs and services for exceptional learners.
    (d) A plan must specify how and to what extent the school expects to make continuous improvement in all areas of the education system where results are measured by setting benchmarks for progress on an individual school basis.
    (e) A plan must note specific areas where improvement is needed immediately.

SOURCE: IC 20-31-5-6; (12)IN0129.1.20. -->     SECTION 20. IC 20-31-5-6, AS AMENDED BY P.L.66-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) A plan must contain the following components for the school:
        (1) A list of the statutes and rules that the school wishes to have suspended from operation for the school.
        (2) A description of the curriculum and information concerning the location of a copy of the curriculum that is available for inspection by members of the public.
        (3) A description and name of the assessments that will be used in the school in addition to ~~ISTEP~~ tests under the assessment program. ~~assessments.~~
        (4) A plan to be submitted to the governing body and made available to all interested members of the public in an easily understood format.
        (5) A provision to maximize parental participation in the school, which may include providing parents with:
            (A) access to learning aids to assist students with school work at home;
            (B) information on home study techniques; and
            (C) access to school resources.
        (6) For a secondary school, a provision to do the following:
            (A) Offer courses that allow all students to become eligible to receive an academic honors diploma.

            (B) Encourage all students to earn an academic honors diploma or complete the Core 40 curriculum.
        (7) A provision to maintain a safe and disciplined learning environment for students and teachers that complies with the governing body's plan for improving student behavior and discipline developed under IC 20-26-5-32.
        (8) A provision for the coordination of technology initiatives and ongoing professional development activities.
    (b) If, for a purpose other than a plan under this chapter, a school has developed materials that are substantially similar to a component listed in subsection (a), the school may substitute those materials for the component listed in subsection (a).

SOURCE: IC 20-31-8-1; (12)IN0129.1.23. -->     SECTION 23. IC 20-31-8-1, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The performance of a school's students on the ~~ISTEP~~ assessment program test and other assessments recommended by the education roundtable and approved by the state board are the primary and majority means of assessing a school's improvement.
    (b) The education roundtable shall examine and make recommendations to the state board concerning:
        (1) performance indicators to be used as a secondary means of determining school progress;
        (2) expected progress levels, continuous improvement measures, distributional performance levels, and absolute performance

levels for schools; and
(3) an orderly transition from the performance based accreditation system to the assessment system set forth in this article.
(c) The education roundtable shall consider methods of measuring improvement and progress used in other states in developing recommendations under this section.

SOURCE: IC 20-31-8-2; (12)IN0129.1.24. -->     SECTION 24. IC 20-31-8-2, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) In addition to scores on the ~~ISTEP~~ assessment program test and other assessments, the department shall use the performance indicators developed under section 1 of this chapter and the benchmarks and indicators of performance in each school corporation's annual performance report as a secondary means of assessing the improvement of each school and school corporation.
    (b) The department shall assess improvement in the following manner:
        (1) Compare each school and each school corporation with its own prior performance and not to the performance of other schools or school corporations.
        (2) Compare the results in the annual report under IC 20-20-8 with the benchmarks and indicators of performance established in the plan for the same school.
        (3) Compare the results for a school by comparing each student's results for each grade with the student's prior year results, with an adjustment for student mobility rate. The education roundtable shall make recommendations concerning the incorporation of a statistical adjustment for student mobility rates into the results.
        (4) Compare the results for a school with the state average and the ninety-fifth percentile level for all assessments and performance indicators.

SOURCE: IC 20-32-5-1; (12)IN0129.1.26. --> SECTION 26. IC 20-32-5-1, AS ADDED BY P.L.246-2005, SECTION 176, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The purposes of the ~~ISTEP~~ assessment program developed under this chapter are as follows:
(1) To assess the strengths and weaknesses of school

performance.
        (2) To assess the effects of state and local educational programs.
        (3) To compare achievement of Indiana students to achievement of students on a national basis.
        (4) To provide a source of information for state and local decision makers with regard to educational matters, including the following:
            (A) The overall academic progress of students.
            (B) The need for new or revised educational programs.
            (C) The need to terminate existing educational programs.
            (D) Student readiness for postsecondary school experiences.
            (E) Overall curriculum development and revision activities.
            (F) Identifying students who may need remediation under IC 20-32-8.
            (G) Diagnosing individual student needs.
            (H) Teacher education and staff development activities.

SOURCE: IC 20-32-5-3; (12)IN0129.1.28. -->     SECTION 28. IC 20-32-5-3, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. To carry out the purposes described in section 1 of this chapter, each English/language arts and mathematics test developed for use under the ~~ISTEP~~ assessment program test must include the following:
        (1) A method of testing basic skills appropriate for the designated grade level, including multiple choice questions.
        (2) A method of testing applied skills appropriate for the designated grade level, including short answer or essay questions and the solving of arithmetic or mathematical problems.
        (3) A method of testing and grading that will allow comparison with national and international academic standards.

SOURCE: IC 20-32-5-4; (12)IN0129.1.29. --> SECTION 29. IC 20-32-5-4, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The state board shall:
(1) authorize the development and implementation of the ~~ISTEP~~ assessment program; and

        (2) determine the date on which the statewide testing is administered in each school corporation.
    (b) The state superintendent is responsible for the overall development, implementation, and monitoring of the ~~ISTEP~~ assessment program.
    (c) The department shall prepare detailed design specifications for the ~~ISTEP~~ assessment program that must do the following:
        (1) Take into account the academic standards adopted under IC 20-31-3.
        (2) Include testing of students' higher level cognitive thinking in each subject area tested.
    (d) The department shall enter into a contract with the Northwest Evaluation Association to develop a Measures of Academic Progress assessment program for use in Indiana.
    (e) Notwithstanding subsection (b), the state superintendent may continue to administer the ISTEP assessment program after June 30, 2012, until suitable assessment programs are developed under subsections (c) and (d).

SOURCE: IC 20-32-5-5; (12)IN0129.1.30. -->     SECTION 30. IC 20-32-5-5, AS AMENDED BY P.L.73-2011, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. The department shall make general language arts essay scoring rubrics available to the public at least four (4) months before the administration of a test. An essay question, a scoring rubric, or an anchor paper used in the ~~ISTEP~~ assessment program must not seek or compile information about a student's:
        (1) personal attitudes;
        (2) political views;
        (3) religious beliefs;
        (4) family relationships; or
        (5) other matters listed in IC 20-30-5-17(b).
The ~~ISTEP~~ assessment program citizens' review committee shall determine whether an essay question or a scoring rubric complies with this section.

SOURCE: IC 20-32-5-9; (12)IN0129.1.32. -->     SECTION 32. IC 20-32-5-9, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) After reports of student scores are returned to a school corporation, the school corporation shall promptly do the following:
        (1) Give each student and the student's parent the student's ~~ISTEP~~ assessment program test scores.
        (2) Make available for inspection to each student and the student's parent the following:
            (A) A copy of the essay questions and prompts used in assessing the student.
            (B) A copy of the student's scored essays.
            (C) A copy of the anchor papers and scoring rubrics used to score the student's essays.
A student's parent may request a rescoring of a student's responses to a test, including a student's essay.
    (b) A student's ~~ISTEP~~ assessment program scores may not be disclosed to the public.

SOURCE: IC 20-32-5-16; (12)IN0129.1.38. -->     SECTION 38. IC 20-32-5-16, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) A student who is a child with a disability (as defined in IC 20-35-1-2) shall be tested under this chapter with appropriate accommodations in testing materials and procedures unless the individuals who develop the child's individualized education program determine that testing or a part of the testing under this chapter is not appropriate for the student and that an alternate assessment will be used to test the student's achievement.
    (b) Any decision concerning a student who is a child with a disability (as defined in IC 20-35-1-2) regarding the student's:
        (1) participation in testing under this chapter;
        (2) receiving accommodations in testing materials and procedures;
        (3) participation in remediation under IC 20-32-8; or
        (4) retention at the same grade level for consecutive school years;
shall be made in accordance with the student's individualized education program in compliance with the ~~ISTEP~~ assessment program manual and federal law.

SOURCE: IC 20-32-5-17; (12)IN0129.1.39. -->     SECTION 39. IC 20-32-5-17, AS ADDED BY P.L.1-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) If a nonpublic school seeks accreditation as authorized under IC 20-19-2-8(a)(5), the governing body of the nonpublic school is entitled to acquire at no charge from the department:
        (1) the ~~ISTEP~~ assessment program test; and
        (2) the scoring reports used by the department.
    (b) The nonpublic school seeking accreditation must:
        (1) administer the ~~ISTEP~~ assessment program test to its students

at the same time that school corporations administer the test; and
(2) make available to the department the results of the ~~ISTEP~~ assessment program testing.

SOURCE: IC 20-33-2-13; (12)IN0129.1.45. -->     SECTION 45. IC 20-33-2-13, AS AMENDED BY P.L.140-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) A school corporation shall record or include the following information in the official high school transcript for a student in high school:
        (1) Attendance records.
        (2) The student's latest ~~ISTEP~~ assessment program test results under IC 20-32-5.

        (3) Any secondary level and postsecondary level certificates of achievement earned by the student.
        (4) Immunization information from the immunization record the student's school keeps under IC 20-34-4-1.
        (5) Any dual credit courses taken that are included in the core transfer library under IC 21-42-5-4.
    (b) A school corporation may include information on a student's high school transcript that is in addition to the requirements of subsection (a).

SOURCE: IC 20-35-8-1; (12)IN0129.1.46. -->     SECTION 46. IC 20-35-8-1, AS AMENDED BY P.L.229-2011, SECTION 195, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Except as provided in subsection (b), if a student with legal settlement in a school corporation is transferred to attend school in another school corporation because of a disability or multiple disabilities, the transferor corporation shall:
        (1) either:
            (A) provide; or
            (B) pay for, in the amount determined under section 2 of this chapter;
        any transportation that is necessary or feasible, as determined under section 2 of this chapter and the rules adopted by the state board; and
        (2) pay transfer tuition for the student to the transferee corporation in accordance with IC 20-26-11.
    (b) If the student attends a school operated through:
        (1) a joint school service and supply program; or
        (2) another cooperative program;
involving the school corporation of the student's legal settlement, transportation and other costs shall be made in amounts and at the times provided in the agreement or other arrangement made between the participating school corporations.
    (c) Student data, including ~~ISTEP~~ assessment program testing scores, academic progress, grade level, and graduation date, for a student described in subsection (a) shall be included in determinations for the school corporation in which the student has legal settlement.

SOURCE: IC 20-51-1-4.7; (12)IN0129.1.47. -->     SECTION 47. IC 20-51-1-4.7, AS ADDED BY P.L.92-2011, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4.7. "Eligible school" refers to a public or nonpublic elementary school or high school that:
        (1) is located in Indiana;
        (2) requires an eligible individual to pay tuition or transfer tuition to attend;

        (3) voluntarily agrees to enroll an eligible individual;
        (4) is accredited by either the state board or a national or regional accreditation agency that is recognized by the state board;
        (5) administers the ~~Indiana~~ ~~statewide~~ ~~testing~~ ~~for~~ ~~educational~~ ~~progress~~ ~~(ISTEP)~~ assessment program under IC 20-32-5;
        (6) is not a charter school or the school corporation in which an eligible individual has legal settlement under IC 20-26-11; and
        (7) submits to the department data required for a category or designation under IC 20-31-8-3.

SOURCE: IC 20-51-1-6; (12)IN0129.1.48. -->     SECTION 48. IC 20-51-1-6, AS ADDED BY P.L.182-2009(ss), SECTION 364, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) "Participating school" refers to a public or nonpublic school that:
        (1) an eligible student is required to pay tuition or transfer tuition to attend;
        (2) voluntarily agrees to enroll an eligible student;
        (3) is accredited by either the state board or a national or regional accreditation agency that is recognized by the state board; and
        (4) administers the tests under the ~~Indiana~~ ~~statewide~~ ~~testing~~ ~~for~~ ~~educational~~ ~~progress~~ ~~(ISTEP)~~ assessment program or administers another nationally recognized and norm-referenced assessment of the school's students.
    (b) The term does not include a public school in a school corporation where the eligible student has legal settlement under IC 20-26-11.