Indiana 2025 Regular Session

Indiana House Bill HB1136 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1136
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-23-19.
77 Synopsis: School corporation reorganization. Provides that, if more
88 than 50% of students who have legal settlement in a school corporation
99 were enrolled in a school that is not operated by the school corporation
1010 on the 2024 fall average daily membership count date, the school
1111 corporation must be dissolved and all public schools of the school
1212 corporation must be transitioned to operating as charter schools.
1313 Establishes a new governing board, requirements, and procedures
1414 regarding the dissolution and reorganization of the applicable school
1515 corporations.
1616 Effective: July 1, 2025.
1717 Teshka, Thompson, O'Brien
1818 January 8, 2025, read first time and referred to Committee on Education.
1919 2025 IN 1136—LS 7161/DI 110 Introduced
2020 First Regular Session of the 124th General Assembly (2025)
2121 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2222 Constitution) is being amended, the text of the existing provision will appear in this style type,
2323 additions will appear in this style type, and deletions will appear in this style type.
2424 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2525 provision adopted), the text of the new provision will appear in this style type. Also, the
2626 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2727 a new provision to the Indiana Code or the Indiana Constitution.
2828 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2929 between statutes enacted by the 2024 Regular Session of the General Assembly.
3030 HOUSE BILL No. 1136
3131 A BILL FOR AN ACT to amend the Indiana Code concerning
3232 education.
3333 Be it enacted by the General Assembly of the State of Indiana:
3434 1 SECTION 1. IC 20-23-19 IS ADDED TO THE INDIANA CODE
3535 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3636 3 JULY 1, 2025]:
3737 4 Chapter 19. Dissolution and Reorganization of a School
3838 5 Corporation
3939 6 Sec. 1. The definitions in IC 20-24-1 apply to this chapter.
4040 7 Sec. 2. This chapter applies to a school corporation in which
4141 8 more than fifty percent (50%) of students who have legal
4242 9 settlement in the school corporation were, on the 2024 fall ADM
4343 10 count date under IC 20-43-4-3, enrolled in a school that is not
4444 11 operated by the school corporation.
4545 12 Sec. 3. Notwithstanding any other state law or rule, the
4646 13 following apply to a school corporation described in section 2 of
4747 14 this chapter:
4848 15 (1) The governing body of the school corporation is dissolved
4949 16 and the governing board established under section 4 of this
5050 17 chapter has all powers and duties that the governing body of
5151 2025 IN 1136—LS 7161/DI 110 2
5252 1 a school corporation has.
5353 2 (2) All powers, duties, assets, and liabilities of the school
5454 3 corporation are transferred to the new governing board
5555 4 established under section 4 of this chapter.
5656 5 (3) All public schools operated by the school corporation must
5757 6 transition to operating as charter schools not later than July
5858 7 1, 2028.
5959 8 (4) The lowest performing schools of the school corporation
6060 9 based on the statewide assessment program results must be
6161 10 the first to transition to operating as charter schools.
6262 11 (5) The school corporation's central office must cease
6363 12 operations.
6464 13 (6) The school corporation may not:
6565 14 (A) impose any new referendum tax levies; or
6666 15 (B) extend any existing referendum tax levies.
6767 16 Sec. 4. For a school corporation described in section 2 of this
6868 17 chapter, a new governing board is established that consists of the
6969 18 following seven (7) members:
7070 19 (1) Four (4) members appointed by the governor.
7171 20 (2) One (1) member appointed by the mayor of the city or
7272 21 executive of a town located within the geographic boundaries
7373 22 of the school corporation that has the largest population.
7474 23 (3) One (1) member appointed by the president of the fiscal
7575 24 body for the county (as defined in IC 36-1-2-6).
7676 25 (4) One (1) member appointed by the executive director of the
7777 26 Indiana charter school board.
7878 27 Sec. 5. A governing board established under section 4 of this
7979 28 chapter shall:
8080 29 (1) have all the powers, duties, and liabilities of a governing
8181 30 body of a school corporation;
8282 31 (2) oversee the dissolution of the existing school corporation,
8383 32 which must be completely dissolved not later than July 1,
8484 33 2028;
8585 34 (3) create a uniform accountability framework for all public
8686 35 schools located within the geographic boundaries of the
8787 36 former school corporation that ensures low performing
8888 37 schools are replaced with higher performing organizers in a
8989 38 uniform manner and frequency;
9090 39 (4) coordinate with authorizers to facilitate biannual charter
9191 40 application cycles;
9292 41 (5) recruit high performing organizers to operate schools as
9393 42 the schools operated by a school corporation are transitioned
9494 2025 IN 1136—LS 7161/DI 110 3
9595 1 to charter schools;
9696 2 (6) create the conditions for the organizers described in
9797 3 subdivision (5) to succeed;
9898 4 (7) ensure that all public schools located within the geographic
9999 5 boundaries of the former school corporation participate in
100100 6 common systems for enrollment and expulsion;
101101 7 (8) have all levying authority that a school corporation has
102102 8 under state law and rule; and
103103 9 (9) create and implement a dissolution plan to:
104104 10 (A) provide operational support to all public schools
105105 11 located within the geographic boundaries of the former
106106 12 school corporation;
107107 13 (B) carry out subdivisions (1) through (8);
108108 14 (C) collect and distribute any funds received under section
109109 15 6 of this chapter, including collecting and distributing
110110 16 referendum tax levy revenue in a manner that is, to the
111111 17 extent possible, consistent with the original purposes and
112112 18 use of the tax referendum levy revenue; and
113113 19 (D) ensure parity in the distribution of local tax dollars
114114 20 amongst all public schools within the geographic
115115 21 boundaries of the former school corporation with full
116116 22 parity being achieved by July 1, 2028.
117117 23 Sec. 6. Notwithstanding any other state law or rule, the county
118118 24 auditor shall distribute any funds collected with regard to the
119119 25 school corporation to the governing board established under
120120 26 section 4 of this chapter.
121121 27 Sec. 7. Within the geographic boundaries of the former school
122122 28 corporation, an existing charter school continues to operate under
123123 29 its charter with the current authorizer of the charter school.
124124 30 Sec. 8. (a) Except as provided under subsection (b), any new
125125 31 charter school transitioned or established under this chapter must
126126 32 be authorized by an entity described in IC 20-24-1-2.5(2) through
127127 33 IC 20-24-1-2.5(5) that is a current authorizer of a charter school
128128 34 located within the geographic boundaries of the former school
129129 35 corporation.
130130 36 (b) If any of the authorizers described in subsection (a) cease to
131131 37 operate as an authorizer, an entity described in IC 20-24-1-2.5(2)
132132 38 through IC 20-24-1-2.5(5) may issue a charter for the charter
133133 39 school in accordance with IC 20-24.
134134 40 Sec. 9. This chapter shall be liberally construed to effect the
135135 41 purposes of this chapter.
136136 42 Sec. 10. Except as otherwise specifically provided by law, to the
137137 2025 IN 1136—LS 7161/DI 110 4
138138 1 extent the provisions of this chapter are inconsistent with the
139139 2 provisions of any other general, special, or local law, the provisions
140140 3 of this chapter are controlling, and compliance with this chapter
141141 4 shall be treated as compliance with the conflicting law.
142142 2025 IN 1136—LS 7161/DI 110