1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1136 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 20-23-19. |
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7 | 7 | | Synopsis: School corporation reorganization. Provides that, if more |
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8 | 8 | | than 50% of students who have legal settlement in a school corporation |
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9 | 9 | | were enrolled in a school that is not operated by the school corporation |
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10 | 10 | | on the 2024 fall average daily membership count date, the school |
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11 | 11 | | corporation must be dissolved and all public schools of the school |
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12 | 12 | | corporation must be transitioned to operating as charter schools. |
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13 | 13 | | Establishes a new governing board, requirements, and procedures |
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14 | 14 | | regarding the dissolution and reorganization of the applicable school |
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15 | 15 | | corporations. |
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16 | 16 | | Effective: July 1, 2025. |
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17 | 17 | | Teshka, Thompson, O'Brien |
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18 | 18 | | January 8, 2025, read first time and referred to Committee on Education. |
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19 | 19 | | 2025 IN 1136—LS 7161/DI 110 Introduced |
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20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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30 | 30 | | HOUSE BILL No. 1136 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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32 | 32 | | education. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 20-23-19 IS ADDED TO THE INDIANA CODE |
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35 | 35 | | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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36 | 36 | | 3 JULY 1, 2025]: |
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37 | 37 | | 4 Chapter 19. Dissolution and Reorganization of a School |
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38 | 38 | | 5 Corporation |
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39 | 39 | | 6 Sec. 1. The definitions in IC 20-24-1 apply to this chapter. |
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40 | 40 | | 7 Sec. 2. This chapter applies to a school corporation in which |
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41 | 41 | | 8 more than fifty percent (50%) of students who have legal |
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42 | 42 | | 9 settlement in the school corporation were, on the 2024 fall ADM |
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43 | 43 | | 10 count date under IC 20-43-4-3, enrolled in a school that is not |
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44 | 44 | | 11 operated by the school corporation. |
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45 | 45 | | 12 Sec. 3. Notwithstanding any other state law or rule, the |
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46 | 46 | | 13 following apply to a school corporation described in section 2 of |
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47 | 47 | | 14 this chapter: |
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48 | 48 | | 15 (1) The governing body of the school corporation is dissolved |
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49 | 49 | | 16 and the governing board established under section 4 of this |
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50 | 50 | | 17 chapter has all powers and duties that the governing body of |
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51 | 51 | | 2025 IN 1136—LS 7161/DI 110 2 |
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52 | 52 | | 1 a school corporation has. |
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53 | 53 | | 2 (2) All powers, duties, assets, and liabilities of the school |
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54 | 54 | | 3 corporation are transferred to the new governing board |
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55 | 55 | | 4 established under section 4 of this chapter. |
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56 | 56 | | 5 (3) All public schools operated by the school corporation must |
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57 | 57 | | 6 transition to operating as charter schools not later than July |
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58 | 58 | | 7 1, 2028. |
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59 | 59 | | 8 (4) The lowest performing schools of the school corporation |
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60 | 60 | | 9 based on the statewide assessment program results must be |
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61 | 61 | | 10 the first to transition to operating as charter schools. |
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62 | 62 | | 11 (5) The school corporation's central office must cease |
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63 | 63 | | 12 operations. |
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64 | 64 | | 13 (6) The school corporation may not: |
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65 | 65 | | 14 (A) impose any new referendum tax levies; or |
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66 | 66 | | 15 (B) extend any existing referendum tax levies. |
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67 | 67 | | 16 Sec. 4. For a school corporation described in section 2 of this |
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68 | 68 | | 17 chapter, a new governing board is established that consists of the |
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69 | 69 | | 18 following seven (7) members: |
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70 | 70 | | 19 (1) Four (4) members appointed by the governor. |
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71 | 71 | | 20 (2) One (1) member appointed by the mayor of the city or |
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72 | 72 | | 21 executive of a town located within the geographic boundaries |
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73 | 73 | | 22 of the school corporation that has the largest population. |
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74 | 74 | | 23 (3) One (1) member appointed by the president of the fiscal |
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75 | 75 | | 24 body for the county (as defined in IC 36-1-2-6). |
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76 | 76 | | 25 (4) One (1) member appointed by the executive director of the |
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77 | 77 | | 26 Indiana charter school board. |
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78 | 78 | | 27 Sec. 5. A governing board established under section 4 of this |
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79 | 79 | | 28 chapter shall: |
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80 | 80 | | 29 (1) have all the powers, duties, and liabilities of a governing |
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81 | 81 | | 30 body of a school corporation; |
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82 | 82 | | 31 (2) oversee the dissolution of the existing school corporation, |
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83 | 83 | | 32 which must be completely dissolved not later than July 1, |
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84 | 84 | | 33 2028; |
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85 | 85 | | 34 (3) create a uniform accountability framework for all public |
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86 | 86 | | 35 schools located within the geographic boundaries of the |
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87 | 87 | | 36 former school corporation that ensures low performing |
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88 | 88 | | 37 schools are replaced with higher performing organizers in a |
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89 | 89 | | 38 uniform manner and frequency; |
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90 | 90 | | 39 (4) coordinate with authorizers to facilitate biannual charter |
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91 | 91 | | 40 application cycles; |
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92 | 92 | | 41 (5) recruit high performing organizers to operate schools as |
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93 | 93 | | 42 the schools operated by a school corporation are transitioned |
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94 | 94 | | 2025 IN 1136—LS 7161/DI 110 3 |
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95 | 95 | | 1 to charter schools; |
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96 | 96 | | 2 (6) create the conditions for the organizers described in |
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97 | 97 | | 3 subdivision (5) to succeed; |
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98 | 98 | | 4 (7) ensure that all public schools located within the geographic |
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99 | 99 | | 5 boundaries of the former school corporation participate in |
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100 | 100 | | 6 common systems for enrollment and expulsion; |
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101 | 101 | | 7 (8) have all levying authority that a school corporation has |
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102 | 102 | | 8 under state law and rule; and |
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103 | 103 | | 9 (9) create and implement a dissolution plan to: |
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104 | 104 | | 10 (A) provide operational support to all public schools |
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105 | 105 | | 11 located within the geographic boundaries of the former |
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106 | 106 | | 12 school corporation; |
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107 | 107 | | 13 (B) carry out subdivisions (1) through (8); |
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108 | 108 | | 14 (C) collect and distribute any funds received under section |
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109 | 109 | | 15 6 of this chapter, including collecting and distributing |
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110 | 110 | | 16 referendum tax levy revenue in a manner that is, to the |
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111 | 111 | | 17 extent possible, consistent with the original purposes and |
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112 | 112 | | 18 use of the tax referendum levy revenue; and |
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113 | 113 | | 19 (D) ensure parity in the distribution of local tax dollars |
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114 | 114 | | 20 amongst all public schools within the geographic |
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115 | 115 | | 21 boundaries of the former school corporation with full |
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116 | 116 | | 22 parity being achieved by July 1, 2028. |
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117 | 117 | | 23 Sec. 6. Notwithstanding any other state law or rule, the county |
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118 | 118 | | 24 auditor shall distribute any funds collected with regard to the |
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119 | 119 | | 25 school corporation to the governing board established under |
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120 | 120 | | 26 section 4 of this chapter. |
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121 | 121 | | 27 Sec. 7. Within the geographic boundaries of the former school |
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122 | 122 | | 28 corporation, an existing charter school continues to operate under |
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123 | 123 | | 29 its charter with the current authorizer of the charter school. |
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124 | 124 | | 30 Sec. 8. (a) Except as provided under subsection (b), any new |
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125 | 125 | | 31 charter school transitioned or established under this chapter must |
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126 | 126 | | 32 be authorized by an entity described in IC 20-24-1-2.5(2) through |
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127 | 127 | | 33 IC 20-24-1-2.5(5) that is a current authorizer of a charter school |
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128 | 128 | | 34 located within the geographic boundaries of the former school |
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129 | 129 | | 35 corporation. |
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130 | 130 | | 36 (b) If any of the authorizers described in subsection (a) cease to |
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131 | 131 | | 37 operate as an authorizer, an entity described in IC 20-24-1-2.5(2) |
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132 | 132 | | 38 through IC 20-24-1-2.5(5) may issue a charter for the charter |
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133 | 133 | | 39 school in accordance with IC 20-24. |
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134 | 134 | | 40 Sec. 9. This chapter shall be liberally construed to effect the |
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135 | 135 | | 41 purposes of this chapter. |
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136 | 136 | | 42 Sec. 10. Except as otherwise specifically provided by law, to the |
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137 | 137 | | 2025 IN 1136—LS 7161/DI 110 4 |
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138 | 138 | | 1 extent the provisions of this chapter are inconsistent with the |
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139 | 139 | | 2 provisions of any other general, special, or local law, the provisions |
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140 | 140 | | 3 of this chapter are controlling, and compliance with this chapter |
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141 | 141 | | 4 shall be treated as compliance with the conflicting law. |
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142 | 142 | | 2025 IN 1136—LS 7161/DI 110 |
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