2014 Indiana Code TITLE 20. EDUCATION ARTICLE 19. STATE ADMINISTRATION OF ELEMENTARY AND SECONDARY EDUCATION CHAPTER 2. STATE BOARD OF EDUCATION
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IC 20-19-2
Chapter 2. State Board of Education
IC 20-19-2-1
Repealed
(Repealed by P.L.73-2011, SEC.22.)
IC 20-19-2-2
State board of education
Sec. 2. (a) The Indiana state board of education is established. The
state board consists of:
(1) the state superintendent; and
(2) ten (10) members appointed by the governor.
(b) The following provisions apply to members of the state board
appointed by the governor:
(1) At least four (4) of the members must be actively employed
in the schools in Indiana and hold a valid teaching license.
(2) At least one (1) member must be appointed from each
congressional district in Indiana.
(3) Not more than six (6) members of the state board may be
appointed from the membership of any one (1) political party.
(4) The term of office of a member begins on July 1. Except as
provided in subdivision (5), the term of office of a member is
four (4) years.
(5) The governor may dismiss a member for just cause.
(6) The governor may appoint a member to fill a vacancy
occurring on the state board. A member appointed under this
subdivision serves for the remainder of the unexpired term.
(c) A quorum consists of six (6) members of the state board. An
action of the state board is not official unless the action is authorized
by at least six (6) members.
(d) The state superintendent serves as chairperson of the state
board.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-3
Repealed
(Repealed by P.L.73-2011, SEC.22.)
IC 20-19-2-4
Repealed
(Repealed by P.L.73-2011, SEC.22.)
IC 20-19-2-4.5
Advisory committee on career and technical education
Sec. 4.5. (a) The advisory committee on career and technical
education is established to advise the state board on policy matters
concerning career and technical education. The advisory committee
on career and technical education consists of:
(1) the state superintendent or the state superintendent's
designee; and
(2) seven (7) members appointed by the state superintendent.
(b) The following provisions apply to members of the advisory
committee on career and technical education:
(1) At least four (4) of the members must be actively employed
as area career and technical education directors in schools in
Indiana and hold a valid career and technical education director
license.
(2) Not more than one (1) member may be from any secondary
area district in Indiana.
(3) Members serve at the pleasure of the state superintendent.
(c) The state superintendent or the state superintendent's designee
serves as the chairperson of the advisory committee on career and
technical education.
As added by P.L.7-2011, SEC.4.
IC 20-19-2-5
Hearing examiners
Sec. 5. If the state board is required to conduct hearings under
IC 4-21.5-3, the state board may use hearing examiners who are not
members of the state board to conduct the hearings.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-6
Secretary; powers and duties; seal
Sec. 6. (a) The state board shall elect one (1) member to serve as
secretary. The secretary shall:
(1) maintain custody of the state board's records, papers, and
effects; and
(2) keep minutes of the state board's proceedings.
The records, papers, effects, and minutes of all meetings and actions
of the state board shall be kept at the office of the state
superintendent and are public records.
(b) The state board shall adopt and use a seal that contains the
words "Indiana State Board of Education". A written description of
the seal shall be recorded in the minutes of the state board and filed
in the office of the secretary of state. The seal shall be used for the
authentication of the acts of the state board and the important acts of
the department.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-7
Compensation of board members
Sec. 7. (a) Each member of the state board who is not an officer or
employee of the state is entitled to an annual salary of two thousand
dollars ($2,000).
(b) Each member of the state board 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. The
compensation of members employed in the public schools may not
be decreased because of regular service on the state board.
As added by P.L.1-2005, SEC.3. Amended by P.L.73-2011, SEC.3.
IC 20-19-2-8
Adoption of administrative rules by state board
Sec. 8. (a) In addition to any other powers and duties prescribed
by law, the state board shall adopt rules under IC 4-22-2 concerning,
but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall
fix the compensation of employees of the department, subject to
the approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where
a full range of information sources, associated equipment, and
services from professional media staff are accessible to the
school community. With regard to library automation systems,
the state board may only adopt rules that meet the standards
established by the state library board for library automation
systems under IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
(E) IC 20-31-3, IC 20-32-4, IC 20-32-5, and IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and
site guidelines adopted by the state board is not a prerequisite of
accreditation.
(5) The distribution of funds and revenues appropriated for the
support of schools in the state.
(6) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(7) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(8) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(9) Subject to IC 20-28-2, the preparation and licensing of
teachers.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on
school corporations.
As added by P.L.1-2005, SEC.3. Amended by P.L.65-2005, SEC.2;
P.L.146-2008, SEC.450; P.L.101-2009, SEC.14; P.L.73-2011,
SEC.4; P.L.90-2011, SEC.5; P.L.145-2011, SEC.25; P.L.13-2013,
SEC.53; P.L.286-2013, SEC.11.
IC 20-19-2-9
Repealed
(Repealed by P.L.73-2011, SEC.22.)
IC 20-19-2-10
Policy; recognition of educational programs of nonpublic schools;
accreditation; waiver of accreditation for certain schools
Sec. 10. (a) It is the policy of the state that the state:
(1) recognizes that nonpublic schools provide education to
children in Indiana;
(2) has an interest in ensuring that all Indiana children are well
educated in both curricular and extracurricular programs; and
(3) should facilitate the transferability of comparable academic
credit between appropriate nonpublic schools and state
supported educational institutions.
(b) The state board shall implement a system of recognition of the
educational programs of nonpublic schools to fulfill the policy set
forth in subsection (a).
(c) The system of recognition described under subsection (b) must:
(1) be voluntary in nature with respect to the nonpublic school;
(2) recognize the characteristics that distinguish nonpublic
schools from public schools; and
(3) be a recognition system that is separate from the
accreditation standards required of public schools and available
to nonpublic schools under section 8(a)(5) of this chapter.
(d) This section does not prohibit a nonpublic school from seeking
accreditation under section 8(a)(5) of this chapter.
(e) The state board shall adopt rules under IC 4-22-2 to implement
this section.
(f) The department shall waive accreditation standards for an
accredited nonpublic alternative school that enters into a contract
with a school corporation to provide alternative education services
for students who have:
(1) dropped out of high school;
(2) been expelled; or
(3) been sent to the nonpublic alternative school due to the
students' lack of success in the public school environment;
to accommodate the nonpublic alternative school's program and
student population. A nonpublic alternative school to which this
subsection applies is not subject to being placed in a category or
designation under IC 20-31-8-4. However, the nonpublic alternative
school must comply with all state reporting requirements and submit
a school improvement growth model on the anniversary date of the
nonpublic alternative school's original accreditation.
As added by P.L.1-2005, SEC.3. Amended by P.L.65-2012, SEC.1.
IC 20-19-2-11
School improvement and achievement plans; rules
Sec. 11. (a) As used in this section, "plan" refers to a strategic and
continuous school improvement and achievement plan developed
under IC 20-31-5.
(b) A plan must:
(1) conform to the requirements of IC 20-31-5; and
(2) include a professional development program that conforms
to IC 20-20-31.
(c) The governing body may do the following for a school that
participates in a plan:
(1) Invoke a waiver of a rule adopted by the state board under
IC 20-31-5-5(b).
(2) Develop a plan for the admission of students who do not
reside in the school's attendance area but have legal settlement
in the school corporation.
(d) In approving a school corporation's actions under this section,
the state board shall consider whether the governing body has done
the following:
(1) Approved a school's plan.
(2) Demonstrated the support of the exclusive representative
only for the professional development program component of
the plan.
(e) The state board may waive any statute or rule relating to
curriculum in accordance with IC 20-31-5-5.
(f) As part of the plan, the governing body may develop and
implement a policy to do the following:
(1) Allow the transfer of a student who resides in the school's
attendance area but whose parent requests that the student attend
another school in the school corporation of legal settlement.
(2) Inform parents of their rights under this section.
(g) The state board shall adopt rules under IC 4-22-2 to implement
this section.
As added by P.L.1-2005, SEC.3. Amended by P.L.73-2011, SEC.5.
IC 20-19-2-12
Guidelines on selection of school sites and construction, repair, or
alteration of school buildings and facilities; consideration of
guidelines; department review of plans; department
recommendation
Sec. 12. (a) The state board shall, in the manner provided by
IC 4-22-2, adopt rules setting forth nonbinding guidelines for the
selection of school sites and the construction, alteration, and repair of
school buildings, athletic facilities, and other categories of facilities
related to the operation and administration of school corporations.
The nonbinding guidelines must include:
(1) preferred location and building practices for school
corporations, including standards for enhancing health, student
safety, accessibility, energy efficiency, operating efficiency, and
instructional efficacy;
(2) guidelines concerning minimum acreage, cost per square
foot or cost per ADM (as defined in IC 20-18-2-2), technology
infrastructure, building materials, per student square footage,
and other general space requirements, including space for
academics, administration and staff support, arts education and
auditoriums, libraries, cafeterias, athletics and physical
education, transportation facilities, and maintenance and repair
facilities; and
(3) additional guidelines that the state board considers necessary
for efficient and cost effective construction of school facilities.
The state building commissioner, the office of management and
budget, and the department of local government finance shall, upon
request of the board, provide technical assistance as necessary for the
development of the guidelines.
(b) The state board shall annually compile, in a document capable
of easy revision, the:
(1) guidelines described in subsection (a); and
(2) rules of the:
(A) fire prevention and building safety commission; and
(B) state department of health;
that govern site selection and the construction, alteration, and repair
of school buildings.
(c) A school corporation shall consider the guidelines adopted
under subsection (a) when developing plans and specifications for a
facility described in subsection (a). Before submitting completed
written plans and specifications for the selection of a school building
site or the construction or alteration of a school building to the
division of fire and building safety for issuance of a design release
under IC 22-15-3, a school corporation shall do the following:
(1) Submit the proposed plans and specifications to the
department. Within thirty (30) days after the department
receives the plans and specifications, the department shall:
(A) review the plans and specifications to determine whether
they comply with the guidelines adopted under subsection
(a); and
(B) provide written recommendations concerning the plans
and specifications to the school corporation, which must
include findings as to any material differences between the
plans and specifications and the guidelines adopted under
subsection (a).
(2) After the earlier of:
(A) receipt of the recommendations provided under
subdivision (1)(B); or
(B) the date that is thirty (30) days after the date the
department received the plans and specifications under
subdivision (1)(A);
issue a public document that describes the recommendations, if
any, and any material differences between the plans and
specifications prepared by the school corporation and the
guidelines adopted under subsection (a), as determined under
the guidelines adopted by the state board.
(3) After publishing a notice of the public hearing under
IC 5-3-1, conduct a public hearing to receive public comment
concerning the school corporation's plans and specifications.
After the public hearing and without conducting another public
hearing under this subsection, the governing body may revise the
plans and specifications or submit the plans and specifications to the
division of fire and building safety without making changes. The
school corporation shall revise the public document described in
subdivision (2) to identify any changes in the plans and specifications
after the public document's initial preparation.
As added by P.L.1-2005, SEC.3. Amended by P.L.1-2006, SEC.313;
P.L.146-2008, SEC.451; P.L.218-2014, SEC.4.
IC 20-19-2-13
Limitation of state board authority concerning construction,
alteration, or repair of school buildings
Sec. 13. The state board may not approve or disapprove plans and
specifications for the construction, alteration, or repair of school
buildings, except as necessary under the following:
(1) The terms of a federal grant or a federal law.
(2) IC 20-35-4-2 concerning the authorization of a special
school for children with disabilities.
However, the state board shall adopt guidelines concerning plans and
specifications as required by section 12 of this chapter.
As added by P.L.1-2005, SEC.3. Amended by P.L.146-2008,
SEC.452.
IC 20-19-2-14
Duties of state board
Sec. 14. The state board shall do the following:
(1) Establish the educational goals of the state, developing
standards and objectives for local school corporations.
(2) Assess the attainment of the established goals.
(3) Assure compliance with established standards and
objectives.
(4) Coordinate with the commission for higher education (IC
21-18-1) and the department of workforce development (IC
22-4.1-2) to develop entrepreneurship education programs for
elementary and secondary education, higher education, and
individuals in the work force.
(5) Make recommendations to the governor and general
assembly concerning the educational needs of the state,
including financial needs.
(6) Provide for reviews to ensure the validity and reliability of
the ISTEP program.
As added by P.L.1-2005, SEC.3. Amended by P.L.172-2011,
SEC.120; P.L.286-2013, SEC.12.
IC 20-19-2-14.5
Adoption of Indiana college and career readiness educational
standards; implementation
Sec. 14.5. (a) As used in this section:
(1) "college and career readiness educational standards" means
the standards that a high school graduate must meet to obtain the
requisite knowledge and skill to transition without remediation
to postsecondary education or training, and ultimately into a
sustainable career; and
(2) "cut scores" means the scores that define a student's
performance on an assessment, including passing, failing, or
falling into a performance category.
(b) Before July 1, 2014, the state board shall adopt Indiana college
and career readiness educational standards, voiding the previously
adopted set of educational standards. The educational standards must
do the following:
(1) Meet national and international benchmarks for college and
career readiness standards and be aligned with postsecondary
educational expectations.
(2) Use the highest standards in the United States.
(3) Comply with federal standards to receive a flexibility waiver
under 20 U.S.C. 7861, as in effect on January 1, 2014.
(4) Prepare Indiana students for college and career success,
including the proper preparation for nationally recognized
college entrance examinations such as the ACT and SAT.
(5) Maintain Indiana sovereignty.
(6) Provide strict safeguards to protect the confidentiality of
student data.
(c) The department shall administer ISTEP assessments under
IC 20-32-5 during the 2013-2015 biennium. During the 2015-2016
school year, subject to subsection (e), the state board shall authorize
the department to administer either the ISTEP assessment under
IC 20-32-5 or a comparable assessment program that is aligned with
the educational standards adopted by the state board under subsection
(b).
(d) Before the state board may authorize an assessment program
under subsection (c), the state board shall submit the proposed
assessment program to the budget committee for review.
(e) This subsection does not apply to an agreement with the United
States Department of Education concerning a waiver from federal
requirements. After June 30, 2013, the state, or the state board on
behalf of the state, may not enter into or renew an agreement with
any organization, entity, group, or consortium that requires the state
to cede any measure of autonomy or control of education standards
and assessments, including cut scores.
(f) The state board may adopt emergency rules in the manner
provided in IC 4-22-2-37.1 to implement this section. As provided in
IC 4-22-2-37.1 for an emergency rule adopted under this section to
be effective after one (1) extension period, the rule must be adopted
in conformity with the procedures under IC 4-22-2-24 through
IC 4-22-2-36.
As added by P.L.286-2013, SEC.13. Amended by P.L.31-2014,
SEC.1.
IC 20-19-2-15
Freeway school corporation and freeway school
Sec. 15. The state board shall comply with IC 20-26-15 to
establish a freeway school corporation and a freeway school.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-16
Federal aid concerning children with disabilities
Sec. 16. (a) The state accepts the provisions and benefits of laws
enacted by the Congress of the United States that provide for aid to
children with disabilities.
(b) The state board is designated as the proper authority and may
accept any federal funds appropriated to aid in the education of
children with disabilities. The state board shall comply with all the
requirements of:
(1) federal law concerning any federal funds relating to special
educational activities; and
(2) any amendments to those laws or rules and regulations
issued under and in conformity with those laws and not
inconsistent with this chapter.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-17
Federal aid concerning career and technical education
Sec. 17. The provisions of an act of Congress entitled "An act to
provide for the promotion of vocational education; to provide for
cooperation with the states in the promotion of such education in
agriculture and the trades and industries; to provide for cooperation
with the states in the preparation of teachers of career and technical
education subjects; and to appropriate money and regulate its
expenditure," are accepted by the state as to the following:
(1) Appropriations for the salaries of:
(A) teachers;
(B) supervisors; or
(C) directors;
of agricultural subjects.
(2) Appropriations for salaries for teachers of trade and
industrial subjects.
(3) Appropriations for the training of teachers of career and
technical education subjects.
As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.87.
IC 20-19-2-18
State treasurer as custodian for career and technical education
funds
Sec. 18. (a) The treasurer of state is designated as the custodian for
career and technical education.
(b) The treasurer of state shall do the following:
(1) Receive money paid to the state from the United States
treasury under the act of Congress described in section 17 of
this chapter.
(2) Pay the money described in subdivision (1), upon the
warrant of the auditor of state, when the money is certified by
the state board.
As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.88.
IC 20-19-2-19
Federal funds for career and technical education; use of funds
subject to allocation by general assembly
Sec. 19. (a) The state board shall receive, distribute, and account
for all funds received for career and technical education under the
Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C.
2301 et seq.).
(b) The state board may not expend or distribute funds received
under subsection (a) unless those funds have been allocated by the
general assembly.
As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.89;
P.L.7-2011, SEC.5.
IC 20-19-2-20
High school fast track program diploma designed by board
Sec. 20. The state board shall design a high school diploma to be
granted to individuals who successfully complete a high school fast
track program under IC 21-43-8.
As added by P.L.185-2006, SEC.6. Amended by P.L.1-2007,
SEC.141; P.L.2-2007, SEC.199; P.L.3-2008, SEC.114;
P.L.125-2013, SEC.1.
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