AN ACT to amend the Indiana Code concerning education and to make an appropriation.
SECTION 1. IC 20-3.1-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. "Assessment
program" refers to the ISTEP assessment program created under
IC 20-10.2-5 and a test approved by the board's plan developed
under IC 20-3.1-7.
SECTION 2. IC 20-3.1-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. "Assessment test"
refers to a test administered to students under the ISTEP assessment
program created under IC 20-10.2-5.
SECTION 3. IC 20-3.1-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. "Designated grade
level" refers to the grade levels tested under the ISTEP assessment
program created under IC 20-10.2-5.
SECTION 4. IC 20-3.1-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. "Expected
"Student performance improvement level" refers to a level of
performance measure, used to place a school in academic receivership,
established by the board at a level not less than one (1) standard
deviation below the state average for:
(1) student attendance rates;
(2) remediation rates;
achieving state achievement standards and, if applicable,
performance levels set by the board, on assessment tests;
(C) improvement in student progress toward graduation;
(D) improvement in student attendance rates for the school
year;
(E) improvement in individual teacher attendance rates;
(F) improvement in communication with parents and parental
involvement in classroom and extracurricular activities; and
(G) other objectives developed by the board.
(3) For the school and the school administrators:
(A) improvement in student scores results on assessment tests,
aggregated by class and grade;
(B) improvement in the number and percentage of students
achieving state achievement standards and, if applicable,
performance levels set by the board, on assessment tests,
aggregated by class and grade;
(C) improvement in student graduation rates and in progress
toward graduation;
(D) improvement in student attendance rates;
(E) management of general fund expenditures per student and
total expenditures per student;
(F) improvement in teacher attendance rates; and
(G) other objectives developed by the board.
SECTION 15. IC 20-3.1-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) IC 20-10.2
applies to the school city. Beginning in the 2004-2005 school year,
the composition of any local school improvement committee shall
be determined under IC 20-10.2.
(a) (b) The plan developed and implemented by the board under
IC 20-3.1-7 must contain general guidelines for decisions by the
educators in each school to improve student achievement in the school.
(b) (c) The board's plan shall provide for the publication to other
schools within the school city and to the general community those
processes, innovations, and approaches that have led individual schools
to significant improvement in student achievement.
SECTION 16. IC 20-3.1-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. A staff performance
evaluation plan must do the following:
(1) Provide for evaluation of each employee's the school's and
the school's educators' performance based upon the school's
students' performance improvement level under IC 20-3.1-8-1
including the following:
fails for any two (2) consecutive school years to:
(1) meet expected student performance improvement levels. and
(2) achieve the performance objectives established by the board
for the school under IC 20-3.1-8.
SECTION 19. IC 20-3.1-14-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) If a school is
placed in academic receivership, the superintendent and the board must
take action to raise the school's level of performance. on each of the
performance indicators listed in section 1 of this chapter.
(b) In addition to the consequences of IC 20-10.2-6, the actions
that the superintendent and the board may take to raise the performance
of a school in academic receivership include the following:
(1) Shifting resources of the school city to the school.
(2) Changing or removing the school principal, teachers,
administrators, or other staff.
(3) Establishing a new educational plan for the school.
(4) Requiring the superintendent or another school city appointee
to administer the school until the academic receivership status of
the school is removed.
(5) Contracting with a for-profit or nonprofit organization or
individual to manage the school.
(6) Closing the school.
(7) Any other management, personnel, or policy changes that the
superintendent and board expect in the following school year to:
(A) raise the performance of the school; and
(B) avoid continuing academic receivership status for the
school.
(c) The provisions of this chapter, if inconsistent with any other law
relating to education, teachers, or common schools, govern.
SECTION 20. IC 20-3.1-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. To provide the board
with the necessary flexibility and resources to carry out this article, the
following apply:
(1) The board may eliminate or modify existing policies and
create new policies, and alter policies from time to time, subject
to this article and the plan developed under IC 20-3.1-7.
(2) IC 20-7.5 does not apply to matters set forth in this article.
The matters set forth in this article may not be the subject of
collective bargaining or discussion under IC 20-7.5.
(3) An exclusive representative certified under IC 20-7.5 to
represent certified employees of the school city, or any other
entity voluntarily recognized by the board as a representative of
employees providing educational services in the schools, may
bargain collectively only concerning salary, wages, and salary and
wage related fringe benefits. The exclusive representative may not
bargain collectively or discuss performance awards under
IC 20-3.1-12. Beginning on July 1, 2001, IC 20-7.5 applies to
the school city; however, the provision of IC 20-7.5-1-5(a) that
requires any items included in the 1972-1973 agreements
between an employer school corporation and an employee
organization to continue to be bargainable does not apply to
the school city.
(4) (3) The board of school commissioners may waive the
following statutes and rules for any school in the school city
without the need for administrative, regulatory, or legislative
approval:
(A) The following rules concerning curriculum and
instructional time:
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
(B) The following rules concerning pupil/teacher ratios:
511 IAC 6-2-1(b)(2)
511 IAC 6.1-4-1
(C) The following statutes and rules concerning textbooks, and
rules adopted under the statutes:
IC 20-10.1-9-1
IC 20-10.1-9-18
IC 20-10.1-9-21
IC 20-10.1-9-23
IC 20-10.1-9-27
IC 20-10.1-10-1
IC 20-10.1-10-2
511 IAC 6.1-5-5
(D) The following rules concerning school principals:
511 IAC 6-2-1(c)(4)
511 IAC 6.1-4-2
(E) 511 IAC 2-2, concerning school construction and
remodeling.
(5) (4) Notwithstanding any other law, a school city may do the
following:
corporation are assigned or transferred.
Sec. 6. "Department" refers to the department of education
established by IC 20-1-1.1-2.
Sec. 7. "Elementary school" has the meaning set forth in
IC 20-10.1-1-15.
Sec. 8. "Governing body" has the meaning set forth in
IC 20-10.1-1-5.
Sec. 9. "Organizer" means a group or an entity that:
(1) has been determined by the Internal Revenue Service to be
operating under not-for-profit status or has applied for such
determination; and
(2) enters into a contract under this article to operate a
charter school.
Sec. 10. "Parent" has the meaning set forth in IC 20-1-1.8-8.
Sec. 11. "Proposal" refers to a proposal from an organizer to
establish a charter school.
Sec. 12. "Public school" has the meaning set forth in
IC 20-10.1-1-2.
Sec. 13. "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
Sec. 14. "Secondary school" means a high school (as defined in
IC 20-10.1-1-16).
Sec. 15. "Sponsor" means the following:
(1) For a charter school, one (1) of the following:
(A) A governing body.
(B) A state educational institution (as defined in
IC 20-12-0.5-1) that offers a four (4) year baccalaureate
degree.
(C) The executive (as defined in IC 36-1-2-5) of a
consolidated city.
Sec. 16. "Teacher" has the meaning set forth in IC 20-6.1-1-8.
Chapter 2. Description
Sec. 1. A charter school may be established under this article to
provide innovative and autonomous programs that do the
following:
(1) Serve the different learning styles and needs of public
school students.
(2) Offer public school students appropriate and innovative
choices.
(3) Afford varied opportunities for professional educators.
(4) Allow public schools freedom and flexibility in exchange
for exceptional levels of accountability.
superintendent of public instruction.
Members shall serve a two (2) year term and may be reappointed
to the panel upon expiration of their terms.
(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 (d), the panel shall
make one (1) of the following three (3) 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 (e)(1)
the finding is final.
(h) If the panel makes a finding described in subsection (e)(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 (e)(3)
then the proposal is considered conditionally approved. The
approval shall be considered final upon the delivery to the panel of
written notice from the organizer and an eligible sponsor, as
identified in chapter 1, section 14 of this article, 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.
Sec. 12. (a) The department shall monitor the number of charter
schools approved by universities;
(b) Within six (6) months after twenty (20) charter schools have
been approved by universities, the department shall issue a report
to the charter school review panel identifying:
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; and
(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 is held
accountable for achieving the educational mission and goals
of the charter school, including the following:
(A) Evidence of improvement in assessment measures,
including ISTEP and Graduation Qualifying Exam,
attendance rates, graduation rates (if appropriate),
increased numbers of Core 40 diplomas (if appropriate),
and increased numbers of academic honors diplomas (if
appropriate).
(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 of
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 in attendance at 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
operator 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.
Chapter 5. Student Admissions and Enrollment
Sec. 1. Except as provided in this chapter, a nonconversion
charter school must be open to any student who resides in Indiana.
A student may attend a charter school outside the district in which
the student resides if the parent determines that an academic
program at the charter school would enhance the student's
academic opportunities. If the governing body in which the student
resides determines that such a transfer would not improve the
student's academic opportunities, the governing body may appeal
to the board. Within forty-five (45) days of receiving the appeal,
the board shall conduct a hearing and decide whether to uphold or
reverse the parent's decision to enroll in the charter school. During
the board's consideration, the parents of the student shall be
allowed to testify, but the governing body shall have the burden of
proof for demonstrating that the charter school does not provide
additional or unique academic opportunities that exceed those
available at the school corporation.
Sec. 2. Except as provided in this chapter, a conversion charter
school must be open to any student residing in the local school
corporation. By joint agreement of the sponsor and organizer, a
conversion charter school may open its enrollment to students
outside of the local school corporation.
Sec. 3. Except as provided in this chapter, a charter school may
not establish admission policies or limit student admissions in any
manner in which a public school is not permitted to establish
admission policies or limit student admissions.
Sec. 4. (a) Except as provided in subsections (b), (c), and (d), a
charter school must enroll any eligible student who submits a
timely application for enrollment.
(b) This subsection applies if the number of applications for a
program, class, grade level, or building exceeds the capacity of the
program, class, grade level, or building. If a charter school receives
a greater number of applications than there are spaces for
students, each timely applicant must be given an equal chance of
admission.
(c) A charter school may limit new admissions to the charter
school to:
(1) ensure that a student who attends the charter school
during a school year may continue to attend the charter
school in subsequent years; and
(2) allow the siblings of a student who attends a charter school
to attend the charter school.
(d) This subsection applies to an existing school that converts to
a charter school under IC 20-5.5-11. During the school year in
which the existing school converts to a charter school, the charter
school may limit admission to:
(1) those students who were enrolled in the charter school on
the date of the conversion; and
(2) siblings of students described in subdivision (1).
Chapter 6. Employment
Sec. 1. Individuals who work at a charter school are employees
of the charter school or of an entity with which the charter school
has contracted to provide services.
Sec. 2. Individuals must choose to be teachers at a charter
school voluntarily, and a charter school shall voluntarily choose
such individuals to be its teachers.
Sec. 3. Employees of a charter school may organize and bargain
collectively under IC 20-7.5.
Sec. 4. (a) This section applies to a conversion charter school.
(b) After the conversion, the teachers in a conversion charter
school remain part of the bargaining unit of the sponsor and are
subject to all the provisions of the collective bargaining agreement.
(c) The governing body, the equivalent body of the conversion
charter school, and the exclusive representative may by mutual
agreement grant a waiver of a specific provision of the collective
bargaining agreement.
(d) Noncertificated employees (as defined in IC 20-7.5-1-2) shall
remain in existing bargaining units and are covered under existing
collective bargaining agreements.
Sec. 5 (a) An individual who teaches in a charter school must
either:
(1) hold a license to teach in a public school in Indiana under
IC 20-6.1-3; or
(2) be in the process of obtaining a license to teach in a public
school in Indiana under the transition to teaching program set
forth in IC 20-6.1-3-11.
(b) An individual described in subsection (a)(2) must complete
the transition to teaching program not later than three (3) years
after beginning to teach at a charter school.
(c) An individual who provides a service to students in a charter
school:
for students with disabilities or staff services for students with
disabilities for the students with disabilities enrolled in the
charter school.
(3) A proportionate share of funds received under federal or
state categorical aid programs for students who are eligible
for the federal or state aid enrolled in the charter school.
(c) Not later than the date established by the department for
determining average daily membership under IC 21-3-1.6-1.1(d),
the organizer shall submit to each governing body a report of the
total number and names of students from the governing body's
school corporation enrolled in the charter school. Upon verifying
the accuracy of the information reported, the governing body shall
distribute to the organizer a proportionate share of local support
for the students enrolled in the charter school in an amount
determined under STEP THREE of the following formula:
STEP ONE: Add the revenues obtained by the school
corporation's:
(A) general fund property tax levy; and
(B) general fund auto excise and financial institutions tax.
STEP TWO: Divide the sum determined under STEP ONE by
the total number of students enrolled in the school
corporation.
STEP THREE: Multiply the quotient determined under STEP
TWO by the number of students enrolled in the charter
school.
(d) The distribution under subsection (b) shall be made on the
same schedule as the schedule on which the school corporation
receives the funds.
Sec. 4. (a) Services that a school corporation provides to a
charter school, including transportation, may be provided at not
more than one hundred three percent (103%) of the actual cost of
the services.
(b) This subsection applies to a sponsor that is a state
educational institution described in IC 20-5.5-1-14(1)(B). A state
educational institution may receive from the organizer of a charter
school sponsored by the state educational institution an
administrative fee equal to not more than three percent (3%) of the
total amount the governing body distributes under sections 3(b)(1)
and 3(c) of this chapter.
Sec. 5. An organizer may apply for and accept for a charter
school:
(1) independent financial grants; or
statutes listed in section 5 of this chapter, the following do not
apply to a charter school:
(1) Any Indiana statute applicable to a governing body or
school corporation.
(2) A rule or guideline adopted by the Indiana state board of
education.
(3) A rule or guideline adopted by the professional standards
board (established by IC 20-1-1.4-2), except for those rules
that assist a teacher in gaining or renewing a standard or
advanced license.
(4) A local regulation or policy adopted by a school
corporation unless specifically incorporated in the charter.
Sec. 5. The following statutes and rules and guidelines adopted
under the following statutes apply to a charter school:
(1) IC 5-11-1-9 (required audits by the state board of
accounts).
(2) IC 20-1-1.5 (unified accounting system).
(3) IC 20-1-6 (special education).
(4) IC 20-5-2-7 and IC 20-6.1-3-7.1 (criminal history).
(5) IC 20-5-2-3 (subject to laws requiring regulation by state
agencies).
(6) IC 20-6.1-4-15 (void teacher contract when two (2)
contracts are signed).
(7) IC 20-6.1-6-11 (nondiscrimination for teacher marital
status).
(8) IC 20-6.1-6-13 (teacher freedom of association).
(9) IC 20-6.1-6-15 (school counselor immunity).
(10) For conversion charter schools only, IC 20-6.1-4,
IC 20-6.1-5 and IC 20-6.1-6.
(11) IC 20-8.1-3 (compulsory school attendance).
(12) IC 20-8.1-4 (limitations on employment of children).
(13) IC 20-8.1-5.1-13, IC 20-8.1-5.1-15, and IC 20-8.1-5.1-15.5
(student due process and judicial review).
(14) IC 20-8.1-5.1-10 (firearms and deadly weapons).
(15) IC 20-8.1-7 and IC 20-8.1-8 (health and safety measures).
(16) IC 20-8.1-9-3 (exemption from school fees for eligible
families and fee reimbursement).
(17) IC 20-8.1-9-5 (notice to parents concerning financial
assistance).
(18) IC 20-8.1-12 (reporting of student violations of law).
(19) IC 20-10.1-2-4 and IC 20-10.1-2-6 (patriotic
commemorative observances).
existing school into a charter school.
Sec. 4. Only the governing body of the school corporation in
which an existing public elementary or secondary school that seeks
conversion to a charter school is located may act as the sponsor of
the conversion charter school.
SECTION 22. IC 20-6.1-3-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11. (a) As used in this section,
"program" refers to the transition to teaching program established
by subsection (b).
(b) The transition to teaching program is established to
accomplish the following:
(1) Facilitate the transition into the teaching profession of
competent professionals in fields other than teaching.
(2) Allow competent professionals who do not hold a teaching
license to earn and be issued a teaching license through
participation in and satisfactory completion of the program.
(c) Subject to the requirements of this section, the board shall
develop and administer the program. The board shall determine
the details of the program that are not included in this section.
(d) Each accredited teacher training school and department
shall establish a course of study that constitutes the higher
education component of the program. The higher education
component required under this subsection must comply with the
following requirements:
(1) Include the following study requirements:
(A) For a program participant who seeks to obtain a
license to teach in grade 6 through grade 12, up to eighteen
(18) credit hours of study or the equivalent that prepare a
program participant to meet Indiana standards for
teaching in the subject areas corresponding to the area in
which the program participant has met the education
requirements under subsection (e), unless the program
participant demonstrates that the program participant
requires fewer credit hours of study to meet Indiana
standards for teaching.
(B) For a program participant who seeks to obtain a
license to teach in kindergarten through grade 5,
twenty-four (24) credit hours of study or the equivalent,
which must include at least six (6) credit hours in the
teaching of reading, that prepare a program participant to
meet Indiana standards for teaching, unless the program
participant demonstrates that the program participant
requires fewer credit hours of study to meet Indiana
standards for teaching.
(2) Focus on the communication of knowledge to students.
(3) Include suitable field or classroom experiences if the
program participant does not have teaching experience.
(e) A person who wishes to participate in the program must
have one (1) of the following qualifications:
(1) For a program participant who seeks to obtain a license to
teach in grade 6 through grade 12, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade
point average of three (3.0) on a four (4.0) scale from an
accredited institution of higher education in the subject
area that the person intends to teach.
(B) A graduate degree from an accredited institution of
higher education in the subject area that the person
intends to teach.
(C) Both:
(i) a bachelor's degree from an accredited institution of
higher education with a grade point average of two and
five-tenths (2.5) on a four (4) point scale; and
(ii) five (5) years of professional experience;
in the subject area that the person intends to teach.
(2) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, one (1) of the
following:
(A) A bachelor's degree or the equivalent with a grade
point average of three (3.0) on a four (4.0) scale from an
accredited institution of higher education.
(B) Both:
(i) a bachelor's degree from an accredited institution of
higher education with a grade point average of two and
five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years of professional experience in an
education-related field.
(f) The board shall grant an initial standard license to a
program participant who does the following:
(1) Successfully completes the higher education component of
the program.
(2) Demonstrates proficiency through a written examination
in:
(A) basic reading, writing, and mathematics;
established under Indiana law and, in the case of public vocational
schools or schools for children with disabilities established or
maintained by two (2) or more school corporations, shall refer to such
schools.
(b) "Governing body" shall mean means:
(1) the board or commission charged by law with the
responsibility of administering the affairs of the school
corporation; or
(2) the body that administers a charter school established
under IC 20-5.5.
(c) "School employer" means:
(1) the governing body of each:
(A) school corporation; or
(B) charter school established under IC 20-5.5; and
(2) any person or persons authorized to act for the governing body
of the school employer in dealing with its employees.
(d) "Superintendent" shall mean:
(1) the chief administrative officer of any:
(A) school corporation, or
(B) charter school established under IC 20-5.5; or
(2) any person or persons designated by the officer or by the
governing body to act in the officer's behalf in dealing with school
employees.
(e) "School employee" means any full-time certificated person in the
employment of the school employer. A school employee shall be
considered full time even though the employee does not work during
school vacation periods, and accordingly works less than a full year.
There shall be excluded from the meaning of school employee
supervisors, confidential employees, employees performing security
work and noncertificated employees.
(f) "Certificated employee" means a person:
(1) whose contract with the school corporation requires that he
the person hold a license or permit from the state board of
education or a commission thereof as provided in IC 20-6.1; or
(2) who is employed as a teacher by a charter school
established under IC 20-5.5.
(g) "Noncertificated employee" means any school employee whose
employment is not dependent upon the holding of a license or permit
as provided in IC 20-6.1.
(h) "Supervisor" means any individual who has:
(1) authority, acting for the school corporation, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline school employees;
(2) responsibility to direct school employees and adjust their
grievances; or
(3) responsibility to effectively recommend the action described
in subsections subdivisions (1) through (2);
that is not of a merely routine or clerical nature but requires the use of
independent judgment. The term includes superintendents, assistant
superintendents, business managers and supervisors, directors with
school corporation-wide responsibilities, principals and vice principals,
and department heads who have responsibility for evaluating teachers.
(i) "Confidential employee" means a school employee whose
unrestricted access to confidential personnel files or whose functional
responsibilities or knowledge in connection with the issues involved in
dealings between the school corporation and its employees would make
the confidential employee's membership in a school employee
organization incompatible with the employee's official duties.
(j) "Employees performing security work" means any school
employee whose primary responsibility is the protection of personal
and real property owned or leased by the school corporation or who
performs police or quasi-police powers.
(k) "School employee organization" means any organization which
has school employees as members and one (1) of whose primary
purposes is representing school employees in dealing with their school
employer, and includes any person or persons authorized to act on
behalf of such organizations.
(l) "Exclusive representative" means the school employee
organization which has been certified for the purposes of this chapter
by the board or recognized by a school employer as the exclusive
representative of the employees in an appropriate unit as provided in
section 10 of this chapter, or the person or persons duly authorized to
act on behalf of such representative.
(m) "Board" means the Indiana education employment relations
board provided by this chapter.
(n) "Bargain collectively" means the performance of the mutual
obligation of the school employer and the exclusive representative to
meet at reasonable times to negotiate in good faith with respect to items
enumerated in section 4 of this chapter and to execute a written
contract incorporating any agreement relating to such matters. Such
obligation shall not include the final approval of any contract
concerning these or any other items. Agreements reached through
collective bargaining are binding as a contract only if ratified by the
governing body of the school corporation and the exclusive
representative. The obligation to bargain collectively does not require
the school employer or the exclusive representative to agree to a
proposal of the other or to make a concession to the other.
(o) "Discuss" means the performance of the mutual obligation of the
school corporation through its superintendent and the exclusive
representative to meet at reasonable times to discuss, to provide
meaningful input, to exchange points of view, with respect to items
enumerated in section 5 of this chapter. This obligation shall not,
however, require either party to enter into a contract, to agree to a
proposal, or to require the making of a concession. A failure to reach
an agreement on any matter of discussion shall not require the use of
any part of the impasse procedure, as provided in section 13 of this
chapter. Neither the obligation to bargain collectively nor to discuss
any matter shall prevent any school employee from petitioning the
school employer, the governing body, or the superintendent for a
redress of the employee's grievances either individually or through the
exclusive representative, nor shall either such obligation prevent the
school employer or the superintendent from conferring with any
citizen, taxpayer, student, school employee, or other person considering
the operation of the schools and the school corporation.
(p) "Strike" means concerted failure to report for duty, willful
absence from one's position, stoppage of work, or abstinence in whole
or in part from the full, faithful, and proper performance of the duties
of employment, without the lawful approval of the school employer, or
in any concerted manner interfering with the operation of the school
employer for any purpose.
(q) "Deficit financing" with respect to any budget year shall mean
expenditures in excess of money legally available to the employer.
SECTION 24. IC 20-10.2-2-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3.5. "Charter school" refers to a
public school created and operating under IC 20-5.5.
SECTION 25. IC 20-10.2-3-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1.5. (a) This section applies to a
charter school.
(b) A charter entered under IC 20-5.5-4 may be used as a
charter school's three (3) year strategic and continuous school
improvement and achievement plan.
SECTION 26. IC 20-10.2-6-1, AS ADDED BY P.L.221-1999,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. This chapter does not apply to the following: