Bill Text: IN SB0183 | 2010 | Regular Session | Introduced
Bill Title: Superintendent of public instruction appointment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Elections [SB0183 Detail]
Download: Indiana-2010-SB0183-Introduced.html
Citations Affected: IC 2-5-1.5-5; IC 3-5-2-48; IC 3-8; IC 3-10-2-6;
IC 3-11-2-12; IC 4-1-6-1; IC 4-2; IC 4-3-6-2; IC 5-14-3-3.5;
IC 5-24-1-2; IC 12-17-19-14; IC 20-19; IC 20-20; IC 20-24-3-12;
IC 20-32-6-3; IC 20-35-2-1.
Synopsis: Superintendent of public instruction appointment. Provides
for the state superintendent of public instruction to be appointed by the
governor. Repeals a statute relating to the residency of candidates for
state superintendent of public instruction. Deletes a provision
describing the term of office of the state superintendent of public
instruction.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Elections.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) The governor.
(2) The lieutenant governor.
(3) The secretary of state.
(4) The auditor of state.
(5) The treasurer of state.
(6) The attorney general.
[EFFECTIVE JULY 1, 2010]: Sec. 48. "State office" refers to governor,
lieutenant governor, secretary of state, auditor of state, treasurer of
state, superintendent of public instruction, attorney general, justice of
the supreme court, judge of the court of appeals, and judge of the tax
court.
(b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition, the candidate shall file a statement of economic interests before filing the declaration of candidacy or declaration of intent to be a write-in candidate, before the petition of nomination is filed, before the certificate of nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and attorney general,
(2) Senator and representative in the general assembly, in accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, judge of the court of appeals, judge of the tax court, judge of a circuit court, judge of a superior court, judge of a county court, judge of a probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.
(1) Lieutenant governor.
(2) Secretary of state.
(3) Auditor of state.
(4) Treasurer of state.
(5) Attorney general.
(b) The convention shall also:
(1) nominate candidates for presidential electors and alternate electors; and
(2) elect the delegates and alternate delegates to the national convention of the political party.
(1) Governor.
(2) Lieutenant governor.
(3) Attorney general.
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
(E) Prosecuting attorney.
(F) Clerk of the circuit court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(a) "Personal information system" means any recordkeeping process, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject.
(b) "Personal information" means any information that describes, locates, or indexes anything about an individual or that affords a basis for inferring personal characteristics about an individual including, but not limited to,
(c) "Data subject" means an individual about whom personal information is indexed or may be located under
(d) "State agency" means every agency, board, commission, department, bureau, or other entity of the administrative branch of
Indiana state government, except those which are the responsibility of
the auditor of state, treasurer of state, secretary of state, and attorney
general, superintendent of public instruction, and excepting the
department of state police and state educational institutions.
(e) "Confidential" means information which has been so designated
by statute or by promulgated rule or regulation based on statutory
authority.
(1) For the lieutenant governor, seventy-six thousand dollars ($76,000) per year. However, the lieutenant governor is not entitled to receive per diem allowance for performance of duties as president of the senate.
(2) For the secretary of state, sixty-six thousand dollars ($66,000) per year.
(3) For the auditor of state, sixty-six thousand dollars ($66,000) per year.
(4) For the treasurer of state, sixty-six thousand dollars ($66,000) per year.
(5) For the attorney general, seventy-nine thousand four hundred dollars ($79,400) per year.
(b) Beginning January 1, 2008, the part of the total salary of a state elected official is increased on January 1 of each year after a year in which the general assembly does not amend this section to provide a salary increase for the state elected official.
(c) The percentage by which salaries are increased under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the current state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on January 1 of the immediately preceding year.
(d) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular year to the salary of the state elected official, as previously adjusted under this section, that is in effect on January 1 of the immediately preceding year.
(e) A state elected official is not entitled to receive a salary increase
under this section on January 1 of a state fiscal year in which state
employees described in subsection (c) do not receive a statewide
average salary increase.
(f) If a salary increase is required under this section, an amount
sufficient to pay for the salary increase is appropriated from the state
general fund.
(1) "Advisory body" means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations.
(2) "Agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic set up as an instrumentality of the state and a private, nonprofit, government related corporation. The term does not include any of the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A state educational institution.
(D) A political subdivision.
(3) "Appointing authority" means the chief administrative officer of an agency. The term does not include a state officer.
(4) "Assist" means to:
(A) help;
(B) aid;
(C) advise; or
(D) furnish information to;
a person. The term includes an offer to do any of the actions in clauses (A) through (D).
(5) "Business relationship" includes the following:
(A) Dealings of a person with an agency seeking, obtaining, establishing, maintaining, or implementing:
(i) a pecuniary interest in a contract or purchase with the agency; or
(ii) a license or permit requiring the exercise of judgment or discretion by the agency.
(B) The relationship a lobbyist has with an agency.
(C) The relationship an unregistered lobbyist has with an agency.
(6) "Commission" refers to the state ethics commission created under section 2 of this chapter.
(7) "Compensation" means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another.
(8) "Employee" means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. The term includes an individual who contracts with an agency for personal services.
(9) "Employer" means any person from whom a state officer or employee or the officer's or employee's spouse received compensation. For purposes of this chapter, a customer or client of a self-employed individual in a sole proprietorship or a professional practice is not considered to be an employer.
(10) "Financial interest" means an interest:
(A) in a purchase, sale, lease, contract, option, or other transaction between an agency and any person; or
(B) involving property or services.
The term includes an interest arising from employment or prospective employment for which negotiations have begun. The term does not include an interest of a state officer or employee in the common stock of a corporation unless the combined holdings in the corporation of the state officer or the employee, that individual's spouse, and that individual's unemancipated children are more than one percent (1%) of the outstanding shares of the common stock of the corporation. The term does not include an interest that is not greater than the interest of the general public or any state officer or any state employee.
(11) "Information of a confidential nature" means information:
(A) obtained by reason of the position or office held; and
(B) which:
(i) a public agency is prohibited from disclosing under IC 5-14-3-4(a);
(ii) a public agency has the discretion not to disclose under IC 5-14-3-4(b) and that the agency has not disclosed; or
(iii) is not in a public record, but if it were, would be confidential.
(12) "Person" means any individual, proprietorship, partnership,
unincorporated association, trust, business trust, group, limited
liability company, or corporation, whether or not operated for
profit, or a governmental agency or political subdivision.
(13) "Political subdivision" means a county, city, town, township,
school district, municipal corporation, special taxing district, or
other local instrumentality. The term includes an officer of a
political subdivision.
(14) "Property" has the meaning set forth in IC 35-41-1-23.
(15) "Represent" means to do any of the following on behalf of a
person:
(A) Attend an agency proceeding.
(B) Write a letter.
(C) Communicate with an employee of an agency.
(16) "Special state appointee" means a person who is:
(A) not a state officer or employee; and
(B) elected or appointed to an authority, a board, a
commission, a committee, a council, a task force, or other
body designated by any name that:
(i) is authorized by statute or executive order; and
(ii) functions in a policy or an advisory role in the executive
(including the administrative) department of state
government, including a separate body corporate and politic.
(17) "State officer" means any of the following:
(A) The governor.
(B) The lieutenant governor.
(C) The secretary of state.
(D) The auditor of state.
(E) The treasurer of state.
(F) The attorney general.
(G) The superintendent of public instruction.
(18) The masculine gender includes the masculine and feminine.
(19) The singular form of any noun includes the plural wherever
appropriate.
(b) The definitions in IC 4-2-7 apply throughout this chapter.
(1) The governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and attorney general.
(2) Any candidate for one (1) of the offices in subdivision (1) who
is not the holder of one (1) of those offices.
(3) Any person who is the appointing authority of an agency.
(4) The director of each division of the Indiana department of
administration.
(5) Any purchasing agent within the procurement division of the
Indiana department of administration.
(6) Any agency employee, special state appointee, former agency
employee, or former special state appointee with final purchasing
authority.
(7) An employee required to do so by rule adopted by the
inspector general.
(b) The statement shall be filed with the inspector general as
follows:
(1) Not later than February 1 of every year, in the case of the state
officers and employees enumerated in subsection (a).
(2) If the individual has not previously filed under subdivision (1)
during the present calendar year and is filing as a candidate for a
state office listed in subsection (a)(1), before filing a declaration
of candidacy under IC 3-8-2 or IC 3-8-4-11, petition of
nomination under IC 3-8-6, or declaration of intent to be a
write-in candidate under IC 3-8-2-2.5, or before a certificate of
nomination is filed under IC 3-8-7-8, in the case of a candidate for
one (1) of the state offices (unless the statement has already been
filed when required under IC 3-8-4-11).
(3) Not later than sixty (60) days after employment or taking
office, unless the previous employment or office required the
filing of a statement under this section.
(4) Not later than thirty (30) days after leaving employment or
office, unless the subsequent employment or office requires the
filing of a statement under this section.
The statement must be made under affirmation.
(c) The statement shall set forth the following information for the
preceding calendar year or, in the case of a state officer or employee
who leaves office or employment, the period since a previous statement
was filed:
(1) The name and address of any person known:
(A) to have a business relationship with the agency of the state
officer or employee or the office sought by the candidate; and
(B) from whom the state officer, candidate, or the employee,
or that individual's spouse or unemancipated children received
a gift or gifts having a total fair market value in excess of one
hundred dollars ($100).
(2) The location of all real property in which the state officer, candidate, or the employee or that individual's spouse or unemancipated children has an equitable or legal interest either amounting to five thousand dollars ($5,000) or more or comprising ten percent (10%) of the state officer's, candidate's, or the employee's net worth or the net worth of that individual's spouse or unemancipated children. An individual's primary personal residence need not be listed, unless it also serves as income property.
(3) The names and the nature of the business of the employers of the state officer, candidate, or the employee and that individual's spouse.
(4) The following information about any sole proprietorship owned or professional practice operated by the state officer, candidate, or the employee or that individual's spouse:
(A) The name of the sole proprietorship or professional practice.
(B) The nature of the business.
(C) Whether any clients are known to have had a business relationship with the agency of the state officer or employee or the office sought by the candidate.
(D) The name of any client or customer from whom the state officer, candidate, employee, or that individual's spouse received more than thirty-three percent (33%) of the state officer's, candidate's, employee's, or that individual's spouse's nonstate income in a year.
(5) The name of any partnership of which the state officer, candidate, or the employee or that individual's spouse is a member and the nature of the partnership's business.
(6) The name of any corporation (other than a church) of which the state officer, candidate, or the employee or that individual's spouse is an officer or a director and the nature of the corporation's business.
(7) The name of any corporation in which the state officer, candidate, or the employee or that individual's spouse or unemancipated children own stock or stock options having a fair market value in excess of ten thousand dollars ($10,000). However, if the stock is held in a blind trust, the name of the administrator of the trust must be disclosed on the statement instead of the name of the corporation. A time or demand deposit in a financial institution or insurance policy need not be listed.
(8) The name and address of the most recent former employer.
(9) Additional information that the person making the disclosure chooses to include.
Any such state officer, candidate, or employee may file an amended statement upon discovery of additional information required to be reported.
(d) A person who:
(1) fails to file a statement required by rule or this section in a timely manner; or
(2) files a deficient statement;
upon a majority vote of the commission, is subject to a civil penalty at a rate of not more than ten dollars ($10) for each day the statement remains delinquent or deficient. The maximum penalty under this subsection is one thousand dollars ($1,000).
(e) A person who intentionally or knowingly files a false statement commits a Class A infraction.
(1) "Agency" means any executive or administrative department, commission, council, board, bureau, division, service, office, officer, administration, or other establishment in the executive or administrative branch of the state government not provided for by the constitution. The term "agency" does not include the secretary of state, the auditor of state, the treasurer of state, the lieutenant governor,
(2) "Reorganization" means:
(A) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency;
(B) the abolition of all or any part of the functions of any agency;
(C) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof;
(D) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof;
(E) the authorization of any officer to delegate any of
(F) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of a
reorganization plan will not have, any functions.
(1) Secretary of state.
(2) Auditor.
(3) Treasurer.
(4) Attorney general.
However, each state office described in subdivisions (1) through
(b) As an additional means of inspecting and copying public records, a state agency may provide enhanced access to public records maintained by the state agency.
(c) If the state agency has entered into a contract with a third party under which the state agency provides enhanced access to the person through the third party's computer gateway or otherwise, all of the following apply to the contract:
(1) The contract between the state agency and the third party must provide for the protection of public records in accordance with subsection (d).
(2) The contract between the state agency and the third party may provide for the payment of a reasonable fee to the state agency by either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the person and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records only through the computer gateway administered by the office of technology.
records the election with the state board of accounts, this article does
not apply to the following:
(1) The judicial branch.
(2) The legislative branch.
(3) A state educational institution.
(4) The offices of the secretary of state, auditor, treasurer, attorney
general, superintendent of public instruction, and the clerk of the
supreme court.
(b) The panel consists of the following members:
(1) Six (6) members who:
(A) are appointed by and serve at the pleasure of the governor; and
(B) are selected from representatives of the following state agencies:
(i) Division of mental health and addiction.
(ii) State department of health.
(iii) The division.
(iv) Budget agency.
(v) Division of aging and rehabilitative services.
(vi) Department of education.
(vii) Executive staff of the lieutenant governor with knowledge in the area of employment and training programs.
(viii) Executive staff of the governor.
(2) Five (5) members who:
(A) are appointed by and serve at the pleasure of the governor;
(B) are representative of the private sector; and
(C) are knowledgeable in the field of early childhood development.
(3) Four (4) members who:
(A) are appointed by and serve at the pleasure of the
(B) are knowledgeable in early childhood education.
(4) One (1) member who:
(A) is appointed by and serves at the pleasure of the governor; and
(B) serves as the chairperson of the panel.
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. (a) The governor shall appoint the state
superintendent. shall be elected under IC 3-10-2-6 by the voters of
Indiana.
(b) The term of office of the state superintendent is four (4) years:
(1) beginning on the second Monday in January after election;
and
(2) continuing until a successor is elected and qualified.
serves at the pleasure of the governor.
(c) The governor shall fix the salary of the state superintendent.
(d) The individual appointed as the state superintendent shall
take an oath of office and post a bond in the amount required by
the governor.
(e) The state superintendent is the chief executive officer of the
department.
(1) A number of members appointed
(A) business and community leaders;
(B) elementary and secondary education, including programs for exceptional learners (as defined in IC 20-31-2-6); and
(C) higher education.
The number of members appointed under clause (A) must be equal to the number of members appointed under clauses (B) and (C).
(2) Two (2) members appointed by the president pro tempore of the senate from different political parties.
(3) Two (2) members appointed by the speaker of the house of representatives from different political parties.
(b) A quorum of the roundtable must be present to conduct business. A quorum consists of a majority of the voting members appointed to the roundtable. The roundtable may not take an official action unless the official action has been approved by at least a majority of the voting
members appointed to serve on the roundtable.
(b) The appointed membership of the council shall reflect its purposes and be experienced in technology generally. An appointed member of the council serves at the pleasure of the appointing authority. The council consists of the following sixteen (16) voting members:
(1) The state superintendent.
(2) The special assistant to the state superintendent of public instruction responsible for technology who is appointed under section 5 of this chapter.
(3) Four (4) individuals who represent private business appointed
(4) Three (3) individuals who:
(A) manage educational environments, including postsecondary education; and
(B) are experienced in their educational work with information technology;
(5) Three (3) individuals who are public school educators familiar with and experienced in the use of technology in educational settings appointed
(6) Four (4) members who are members of the general assembly and who are appointed as follows:
(A) Two (2) members of the house of representatives, appointed by the speaker of the house of representatives with not more than one (1) from a particular political party.
(B) Two (2) members of the senate, appointed by the president pro tempore of the senate with not more than one (1) from a particular political party.
(c) The state superintendent shall designate the chair of the council
from the membership of the council.
(d) Nine (9) members of the council constitute a quorum to conduct
business. Action of the council is not valid unless approved by at least
nine (9) voting members of the council.
(e) Each member of the council who is not a state employee is not
entitled to the minimum salary per diem as provided by
IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(f) Each member of the council who is a state employee but who is
not a member of the general assembly is entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(g) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on interim
study committees established by the legislative council.
(1) That the exclusive purposes of the corporation are to:
(A) administer a statewide computer project placing computers in homes of public school students (commonly referred to as the "buddy system project") and any other educational technology program or project jointly authorized by the state superintendent and the governor; and
(B) advise the state superintendent and the governor on education related technology initiatives, specifically those initiatives implemented through the educational technology program under IC 20-20-13.
(2) That the board is composed of sixteen (16) individuals who serve at the pleasure of
(A) Four (4) individuals who represent private business.
(B) Three (3) individuals who are public school educators with one (1) representing an urban school corporation, one (1)
representing a suburban school corporation, and one (1)
representing a rural school corporation.
(C) Four (4) individuals who are members of the general
assembly and who are appointed as follows:
(i) Two (2) members of the house of representatives,
appointed by the speaker of the house of representatives
with not more than one (1) from a particular political party.
(ii) Two (2) members of the senate, appointed by the
president pro tempore of the senate with not more than one
(1) from a particular political party.
(D) Five (5) individuals who represent education.
(3) That the state superintendent shall designate the chair of the
board from the membership of the board.
(4) That the board may select other officers the board considers
necessary, including a vice chair, treasurer, or secretary.
(5) That the chair of the board may appoint subcommittees that
the chair considers necessary to carry out the duties of the
corporation.
(6) That the corporation, with the approval of the state
superintendent, shall appoint or contract with a person to be
president. The president shall serve as the chief operating officer
of the corporation and may employ consultants to carry out the
corporation's duties under this chapter.
(7) That a majority of the entire membership constitutes a quorum
to do business. However, an action of the corporation is not valid
unless approved by at least nine (9) members of the corporation.
(8) That each board member who is not a state employee is not
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is, however, entitled to
reimbursement for traveling expenses and other expenses actually
incurred in the state travel policies and procedures established by
the Indiana department of administration and approved by the
budget agency.
(9) That each member of the board who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in
the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(10) That each member of the board who is a member of the
general assembly is entitled to receive the same per diem,
mileage, and travel allowances paid to members of the general
assembly serving on interim study committees established by the
legislative council.
(11) That the corporation may receive money from any source,
including state appropriations, may enter into contracts, and may
expend funds for any activities necessary, convenient, or
expedient to carry out the exclusive purposes of the corporation.
(12) That an individual who makes a donation to the corporation
may designate:
(A) the particular school corporation; or
(B) the educational technology program implemented by the
corporation under IC 20-20-13;
to receive the donation, and that the corporation may not
authorize the distribution of that donation in a manner that
disregards or otherwise interferes with the donor's designation.
However, an individual who wishes to make a donation under this
chapter is not entitled to specify, designate, or otherwise require
that the corporation use the donation to purchase particular
technology equipment or patronize a particular vendor of
technology equipment.
(13) That if the corporation elects to expend funds that have not
been designated to a particular school corporation or educational
technology program under IC 20-20-13, the corporation shall first
expend those unspecified funds to school corporations or
programs that have not been the recipient of a designated
donation under subdivision (12).
(14) That the corporation shall take into account other programs
and distributions available to school corporations for at risk
students.
(15) That any changes in the articles of incorporation or bylaws
must be approved by the board.
(16) That the corporation shall submit an annual report to the
general assembly before November 2 of each year and that the
report must include detailed information on the structure,
operation, and financial status of the corporation and must be in
an electronic format under IC 5-14-6.
(17) That the corporation is subject to an annual audit by the state
board of accounts, and that the corporation shall pay the full costs
of the audit.
following:
(1) Take over the responsibilities and obligations associated with
the project commonly referred to as the "buddy system project" as
described in section 4(1)(A) of this chapter, which may include
the following relating to the buddy system project:
(A) Conducting conferences on advances in technology and
their application to the educational field.
(B) Upon the joint authorization by the state superintendent
and the governor, establishing, operating, or managing
education technology programs that:
(i) encourage the productive use of technology for
instructing students in kindergarten through grade 12;
(ii) place technology directly with teachers and students,
whether in school or otherwise to advance the education and
skills and enhance the attitude of Indiana students who are
in kindergarten through grade 12; or
(iii) accomplish both of the objectives described in items (i)
and (ii).
(2) Administer all funds received by the corporation from
whatever source to further the corporation's purposes, consistent
with section 4(12) and 4(13) of this chapter.
(b) The governor shall:
(1) appoint the members;
(2) designate a member to serve as chair.
(c) The chair shall call the meetings of the committee. The members serve two (2) year terms.
(b) The organizer may appeal the decision of the sponsor to the charter school review panel established by subsection (c).
(c) The charter school review panel is established. The members of the panel are as follows:
(1)
(2) The state superintendent, who shall chair the panel.
(3) A member of the state board appointed by the state
superintendent.
(4) A person with financial management experience appointed by
the governor.
(5) A community leader with knowledge of charter school issues
appointed jointly by the governor. and the state superintendent.
A member shall serve a two (2) year term and may be reappointed to
the panel upon expiration of the member's term.
(d) All decisions of the panel shall be determined by a majority vote
of the panel's members.
(e) Upon the request of an organizer, the panel shall meet to
consider the organizer's proposal and the sponsor's reasons for rejecting
the proposal. The panel must allow the organizer and sponsor to
participate in the meeting.
(f) After the panel meets under subsection (e), the panel shall make
one (1) of the following findings and issue the finding to the organizer
and the sponsor:
(1) A finding that supports the sponsor's rejection of the proposal.
(2) A finding that:
(A) recommends that the organizer amend the proposal; and
(B) specifies the changes to be made in the proposal if the
organizer elects to amend the proposal.
(3) A finding that approves the proposal.
The panel shall issue the finding not later than forty-five (45) days after
the panel receives the request for review.
(g) If the panel makes a finding described in subsection (f)(1), the
finding is final.
(h) If the panel makes a finding described in subsection (f)(2), the
organizer may amend the proposal according to the panel's
recommendations and resubmit the proposal directly to the panel.
(i) If the panel makes a finding described in subsection (f)(3), the
proposal is considered conditionally approved. The approval shall be
considered final upon delivery to the panel of written notice from the
organizer and an eligible sponsor that the sponsor has agreed to serve
as a sponsor for the proposal approved by the panel.
(j) Proposals approved under this section shall not be counted under
any numerical limits placed upon a sponsor or set of sponsors.
(1) The governor
(2) The speaker of the house of representatives shall appoint four (4) members, selected as follows:
(A) Two (2) members of the house of representatives from different political parties.
(B) Two (2) persons who:
(i) are not members of the general assembly; and
(ii) have an interest in education.
(3) The president pro tempore of the senate shall appoint four (4) members, selected as follows:
(A) Two (2) members of the senate from different political parties.
(B) Two (2) persons who:
(i) are not members of the general assembly; and
(ii) have an interest in education.
(b) The governor shall appoint
(1) To do the following:
(A) Have general supervision of all programs, classes, and schools for children with disabilities, including those conducted by public schools, the Indiana School for the Blind and Visually Impaired, the Indiana School for the Deaf, the department of correction, the state department of health, the division of disability and rehabilitative services, and the division of mental health and addiction.
(B) Coordinate the work of schools described in clause (A).
For programs for preschool children with disabilities as required under IC 20-35-4-9, have general supervision over programs, classes, and schools, including those conducted by the schools or other state or local service providers as contracted for under IC 20-35-4-9. However, general supervision does not include the determination of admission standards for the state departments, boards, or agencies authorized to provide programs or classes under this chapter.
(2) To adopt, with the approval of the state board, rules governing the curriculum and instruction, including licensing of personnel in the field of education, as provided by law.
(3) To inspect and rate all schools, programs, or classes for children with disabilities to maintain proper standards of personnel, equipment, and supplies.
(4) With the consent of the state superintendent and the budget agency, to appoint and determine salaries for any assistants and other personnel needed to enable the director to accomplish the duties of the director's office.
(5) To adopt, with the approval of the state board, the following:
(A) Rules governing the identification and evaluation of children with disabilities and their placement under an individualized education program in a special education program.
(B) Rules protecting the rights of a child with a disability and the parents of the child with a disability in the identification, evaluation, and placement process.
(6) To make recommendations to the state board concerning standards and case load ranges for related services to assist each teacher in meeting the individual needs of each child according to that child's individualized education program. The recommendations may include the following:
(A) The number of teacher aides recommended for each exceptionality included within the class size ranges.
(B) The role of the teacher aide.
(C) Minimum training recommendations for teacher aides and recommended procedures for the supervision of teacher aides.
(7) To cooperate with the interagency coordinating council established by IC 12-12.7-2-7 to ensure that the preschool special education programs required by IC 20-35-4-9 are consistent with the early intervention services program described in IC 12-12.7-2.
(c) The director or the state board may exercise authority over career and technical education programs for children with disabilities through a letter of agreement with the department of workforce development.
(b) As used in this SECTION, "office" refers to the office of the state superintendent of public instruction.
(c) The following apply to the incumbent superintendent:
(1) Notwithstanding IC 20-19-1-1, as amended by this act, the incumbent superintendent is entitled to serve in the office through January 14, 2013, unless the office becomes vacant as provided by law.
(2) The salary of the incumbent superintendent is determined under IC 4-2-1-1.5 before its amendment by this act.
(3) Notwithstanding the amendments to IC 4-2-6-1 and IC 4-2-6-8 made by this act, the incumbent superintendent shall file a written financial disclosure statement as provided in IC 4-2-6 before its amendment by this act. IC 4-2-6 applies to the incumbent superintendent to the extent the statute applied to the office before its amendment by this act.
(4) Notwithstanding IC 4-3-6-2, as amended by this act, the term "agency" does not include the incumbent superintendent.
(5) Notwithstanding IC 5-14-3-3.5, as amended by this act:
(A) the term "state agency" does not include the incumbent superintendent; and
(B) the incumbent superintendent may use the computer gateway administered by the office of technology established by IC 4-13.1-2-1, subject to the requirements of IC 5-14-3-3.5, as amended by this act.
(d) If the incumbent superintendent vacates the office, the governor shall appoint an individual to be state superintendent of public instruction as provided in IC 20-19-1-1, as amended by this act.
(e) This SECTION expires July 1, 2013.
