Bill Text: IN SB0341 | 2013 | Regular Session | Introduced
Bill Title: School reorganization.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Education and Career Development [SB0341 Detail]
Download: Indiana-2013-SB0341-Introduced.html
Citations Affected: IC 20-31-8-3; IC 20-31-12.
Effective: Upon passage.
January 8, 2013, read first time and referred to Committee on Education and Career
Development.
Digest Continued
must be satisfied within 120 days. Provides that a subsequent initiative
regarding the school may not be submitted to the department during the
120 days. Requires the department, after a school is reorganized, to
place the school in the "pending reorganization" performance category.
Provides that once a school has been reorganized, another petition for
reorganizing the school may not be submitted for at least five years
after the school year in which the reorganization takes place.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) The state board shall establish a category or designation of "pending reorganization" for the purposes of IC 20-31-12-14 for a school that is reorganized under IC 20-31-12.
Chapter 12. Designated School Reorganization Initiatives
Sec. 1. This chapter applies to a school if, in the third or a subsequent year after the school is initially placed in the lowest category or designation under IC 20-31-8-4, the school remains in the lowest category or designation.
Sec. 2. As used in this chapter, "designated school" refers to a school described in section 1 of this chapter.
Sec. 3. As used in this chapter, "designated school reorganization" means a reorganization of a designated school under this chapter using one (1) or more of the following methods:
(1) Closing the designated school and transferring the designated school's students to a higher performing school within the same school corporation.
(2) Providing tuition payments for students from the designated school who wish to transfer from the designated school to a higher performing public school in another school corporation.
(3) Restructuring the designated school as a charter school under IC 20-24.
Sec. 4. As used in this chapter, "designated school reorganization initiative" refers to an initiative to reorganize a designated school under this chapter.
Sec. 5. For the purposes of this chapter, a "household" consists of at least one (1) student who attends a designated school and a parent of the student.
Sec. 6. (a) A designated school may be reorganized in the manner provided in this chapter. The method and conditions under which a designated school is to be reorganized must be specified in the form submitted to the department under section 7 of this chapter.
(b) In order for a designated school reorganization initiative to be carried out under section 11 of this chapter, the designated school reorganization initiative must meet one (1) or more of the following conditions:
(1) A majority of the members of the governing body of the school corporation in which the designated school is located must vote in favor of a designated school reorganization.
(2) At least seventy-five percent (75%) of the teachers at the designated school must sign a petition that is verified under section 10 of this chapter requesting a designated school reorganization.
(3) At least fifty-one percent (51%) of the parents of students that attend the designated school must sign, in the manner
prescribed in section 10 of this chapter, a petition requesting
a designated school reorganization.
Sec. 7. (a) To initiate a designated school reorganization
initiative under this chapter, the individual initiating the
designated school reorganization must provide to the department,
on a form prescribed by the department, the following:
(1) Contact information for the individual initiating the
designated school reorganization initiative.
(2) A description of the method or methods, as set forth in
section 3 of this chapter, under which the designated school is
to be reorganized.
(3) A description of the condition or conditions that the
designated school reorganization initiative must meet, as set
forth in section 6(b) of this chapter.
(4) If one (1) of the conditions for the designated school
reorganization initiative set forth under subdivision (3)
includes a petition described in section 6(b)(2) or 6(b)(3) of
this chapter, the number of teachers or parents who must sign
the petition in order to meet the percentage requirements set
forth in section 6(b) of this chapter.
(5) If one (1) of the methods under which the designated
school is to be reorganized, as described in the form under
subdivision (2), is the transfer of students to a higher
performing school within the school corporation, as described
in section 3(1) of this chapter, verification as described in
subsection (b) that the higher performing school within the
school corporation has the capacity to provide classroom
instruction for the additional students.
(6) Any additional information the department determines is
necessary to implement this chapter.
(b) If a designated school reorganization initiative includes as a
method of reorganization the transfer of students to a higher
performing school within the same school corporation, as
described in section 3(1) of this chapter, the form submitted under
subsection (a) must include verification, on a separate form
developed by the department, from the governing body of the
school corporation in which the designated school is located that a
higher performing school within the same school corporation
would have the capacity to provide classroom instruction to the
students that would transfer to the higher performing school from
the designated school if the designated school reorganization
initiative is successful. Upon receiving a request for verification
under this subsection, a governing body shall make a good faith
effort to accurately verify whether a higher performing school
within the school corporation would be able to provide the
necessary classroom instruction for the transfer students from the
designated school.
Sec. 8. The department shall maintain on the department's
Internet web site the following:
(1) A copy of each form the department receives under section
7 of this chapter.
(2) The date on which the department received the form
described in section 7 of this chapter.
(3) The date the condition or conditions set forth on the form
under section 7(a)(3) of this chapter must be satisfied under
section 9 of this chapter.
(4) Any other information the department determines is
necessary.
Sec. 9. (a) The condition or conditions set forth on the form
under section 7(a)(3) of this chapter must be satisfied not less than
one hundred twenty (120) days after the date the department
receives the form under section 7 of this chapter. Upon receipt of
the form, the department shall notify the individual who initiated
the designated school reorganization initiative by mail of the date
the form was received by the department and the date by which the
condition or conditions set forth in the form under section 7(a)(3)
of this chapter must be satisfied.
(b) A subsequent designated school reorganization initiative for
the same designated school may not be initiated under this chapter
during the period within which the condition or conditions of the
earlier designated school reorganization initiative must be met
under subsection (a), unless the earlier designated school
reorganization initiative is withdrawn under subsection (c).
(c) The individual who initiates a designated school
reorganization initiative under section 7 of this chapter may
withdraw the designated school reorganization initiative at any
time by providing notice to the department on a form prescribed
by the department.
Sec. 10. (a) This section applies to a designated school
reorganization initiative that requires, as a condition set forth in
the form under section 7(a)(3) of this chapter, a petition described
in either section 6(b)(2) or 6(b)(3) of this chapter.
(b) The following apply to a petition described in section 6(b)(3)
of this chapter:
(1) The petition may be signed only by a parent in a household, and the petition may be signed by only one (1) parent per household.
(2) A parent in a household may sign the petition the number of times that equals the number of students who reside in the household and attend the designated school.
(3) Each signature must include the signer's printed name and address.
(c) A completed petition described in section 6(b)(2) or 6(b)(3) of this chapter must be submitted to the governing body of the school corporation in which the designated school is located along with a copy of the form submitted to the department under section 7(a) of this chapter. After the governing body receives a copy of the form described in section 7(a) of this chapter and any completed petition described in section 6(b)(2) or 6(b)(3) of this chapter, the governing body shall deliver the petition to the state board for verification of the signatures. The state board shall verify the signatures contained in the petition.
(d) After the state board verifies the signatures under subsection (c), the state board shall provide written notification to the governing body and the individual who submitted the form under section 7 of this chapter that the signatures of the petitions described in section 6(b)(2) or 6(b)(3) of this chapter, as applicable, have been verified.
(e) If a petition received by the governing body under subsection (c) is verified by the state board and the condition or conditions set forth in the form under section 7(a)(3) of this chapter are satisfied under section 6(b)(2) or 6(b)(3) of this chapter, the condition or conditions pertaining to the petition are deemed satisfied.
Sec. 11. (a) If the condition or conditions set forth in the form under section 7(a)(3) of this chapter are satisfied not later than the period set forth in section 9 of this chapter, the governing body shall carry out the reorganization method or methods that are set forth in the form under section 7(a)(2) of this chapter and sought in the petition. The governing body must notify the department of whether the designated school reorganization is successful.
(b) If the condition or conditions set forth in the form under section 7(a)(3) of this chapter are satisfied after June 30 and before January 1, the designated school reorganization method or methods set forth in the form under section 7(a)(2) of this chapter must be carried out beginning in the next school year following the date on which the condition or conditions are satisfied. If the
condition or conditions set forth in the form under section 7(a)(3)
of this chapter are satisfied after December 31 and before July 1,
the designated school reorganization method or methods set forth
in the form under section 7(a)(2) of this chapter must be carried
out in the school year following the next school year following the
date on which the conditions are satisfied.
Sec. 12. (a) This section applies to a designated school
reorganization that, as described in section 3(3) of this chapter,
restructures a designated school as a charter school under
IC 20-24.
(b) The governing body of the school corporation in which the
designated school is located, or any other charter school sponsor
(as defined in IC 20-24-1-9), must serve as the sponsor for the
charter school.
Sec. 13. (a) This section applies to a designated school
reorganization that, as described in section 3(2) of this chapter,
provides for tuition payments for students who wish to transfer
from the designated school.
(b) The department shall administer the tuition payments
required under this chapter.
Sec. 14. After the department receives notice under section 11(a)
of this chapter that a designated school has been reorganized under
this chapter, the department:
(1) shall remove the designated school from the lowest
performance category or designation and place the designated
school into the category or designation of "pending
reorganization"; and
(2) may not place the designated school into another
performance category or designation until the school year
that next follows the school year in which the designated
school reorganization takes place.
Sec. 15. After a designated school has been reorganized under
this chapter, a subsequent designated school reorganization
initiative may not be initiated for the school under this chapter for
at least five (5) years after the school year in which the
reorganization takes place.
Sec. 16. The state board may adopt under IC 4-22-2 any rules
necessary to administer this chapter.
