CHAPTER 2. STATE BOARD OF EDUCATION
IC 20-19-2
Chapter 2. State Board of Education
IC 20-19-2-1
"Advisory committee"
Sec. 1. As used in this chapter, "advisory committee" refers to theadvisory committee on textbook adoption established by section 3 ofthis chapter.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-2
State board of education
Sec. 2. (a) The Indiana state board of education is established. Thestate 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 boardappointed by the governor:
(1) At least four (4) of the members must be actively employedin the schools in Indiana and hold a valid teaching license.
(2) At least one (1) member must be appointed from eachcongressional district in Indiana.
(3) Not more than six (6) members of the state board may beappointed from the membership of any one (1) political party.
(4) The term of office of a member begins on July 1. Except asprovided in subdivision (5), the term of office of a member isfour (4) years.
(5) The governor may dismiss a member for just cause.
(6) The governor may appoint a member to fill a vacancyoccurring on the state board. A member appointed under thissubdivision serves for the remainder of the unexpired term.
(c) A quorum consists of six (6) members of the state board. Anaction of the state board is not official unless the action is authorizedby at least six (6) members.
(d) The state superintendent serves as chairperson of the stateboard.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-3
Advisory committee on textbook adoption
Sec. 3. (a) The advisory committee on textbook adoption isestablished. The advisory committee consists of:
(1) the state superintendent or the state superintendent'sdesignee; and
(2) six (6) members appointed by the state superintendent.
(b) The following provisions apply to members of the advisorycommittee appointed by the state superintendent:
(1) At least four (4) of the members must be actively employedin the schools in Indiana and hold a valid teaching license.
(2) Not more than four (4) of the members of the committee
may be appointed from the membership of any one (1) politicalparty.
(3) Members serve at the pleasure of the state superintendent.
(c) The state superintendent or the state superintendent's designeeserves as chairperson of the advisory committee.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-4
Meetings; establishment of other advisory boards
Sec. 4. (a) The state board and the advisory committee shall meetat the times they determine.
(b) The state board may establish other advisory committees asnecessary to provide technical and professional assistance to the stateboard.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-5
Hearing examiners
Sec. 5. If the state board is required to conduct hearings underIC 4-21.5-3, the state board may use hearing examiners who are notmembers 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 assecretary. The secretary shall:
(1) maintain custody of the state board's records, papers, andeffects; and
(2) keep minutes of the state board's proceedings.
The records, papers, effects, and minutes of all meetings and actionsof the state board shall be kept at the office of the statesuperintendent and are public records.
(b) The state board shall adopt and use a seal that contains thewords "Indiana State Board of Education". A written description ofthe seal shall be recorded in the minutes of the state board and filedin the office of the secretary of state. The seal shall be used for theauthentication of the acts of the state board and the important acts ofthe department.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-7
Compensation of state board and advisory committee members
Sec. 7. (a) Each member of the state board who is not an officeror employee of the state is entitled to an annual salary of twothousand dollars ($2,000).
(b) Each member of the advisory committee who is not an officeror employee of the state is entitled to the minimum salary per diemprovided in IC 4-10-11-2.1(b) while performing their respectiveduties as committee members. (c) Each member of the state board or the advisory committee isentitled to reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, as providedin the state travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.The compensation of members employed in the public schools maynot be decreased because of regular service on the state board or theadvisory committee.
As added by P.L.1-2005, 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 prescribedby 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 andconsultants necessary for the department. The state board shallfix the compensation of employees of the department, subjectto the approval of the budget committee and the governor underIC 4-12-2.
(2) The establishment and maintenance of standards andguidelines for media centers, libraries, instructional materialscenters, or any other area or system of areas in a school wherea full range of information sources, associated equipment, andservices from professional media staff are accessible to theschool community. With regard to library automation systems,the state board may only adopt rules that meet the standardsestablished by the state library board for library automationsystems under IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for studentpersonnel and guidance services.
(4) The establishment and maintenance of minimum standardsfor driver education programs (including classroom instructionand practice driving) and equipment. Classroom instructionstandards established under this subdivision must includeinstruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donorprogram;
and must provide, effective July 1, 2010, that the classroominstruction may not be provided to a child less than fifteen (15)years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determinethe condition of the schools. The state board shall establishstandards 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 20-28-9-7 and IC 20-28-9-8; (E) IC 20-28-11; and
(F) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, andIC 20-32-8;
is a prerequisite to the accreditation of a school. Local publicschool officials shall make the reports required of them andotherwise cooperate with the state board regarding requiredinspections. Nonpublic schools may also request the inspectionfor classification purposes. Compliance with the building andsite guidelines adopted by the state board is not a prerequisiteof accreditation.
(6) Subject to section 9 of this chapter, the adoption andapproval of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for thesupport of schools in the state.
(8) The state board may not establish an accreditation systemfor nonpublic schools that is less stringent than the accreditationsystem for public schools.
(9) A separate system for recognizing nonpublic schools underIC 20-19-2-10. Recognition of nonpublic schools under thissubdivision constitutes the system of regulatory standards thatapply to nonpublic schools that seek to qualify for the system ofrecognition.
(10) The establishment and enforcement of standards andguidelines concerning the safety of students participating incheerleading activities.
(b) Before final adoption of any rule, the state board shall makea finding on the estimated fiscal impact that the rule will have onschool 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.
IC 20-19-2-9
Advisory committee rules concerning textbook adoption
Sec. 9. (a) The advisory committee may initiate rules and holdpublic hearings under IC 4-22-2 on rules concerning the adoption oftextbooks. The advisory committee shall send a proposed rule onwhich public hearings have been held to the state board. The stateboard may adopt or reject a rule initiated by the advisory committee.If the advisory committee holds hearings on a proposed rule, the stateboard is not required to hold hearings.
(b) Every rule initiated by the state board concerning textbookadoption shall be sent to the advisory committee. Upon receipt of arule initiated by the state board, the advisory committee may holdpublic hearings on the rule. If the advisory committee holds a publichearing on a rule initiated by the state board, the advisory committeeshall send the proposed rule and a recommendation to the state boardnot more than ninety (90) days after the date the advisory committeereceives the rule from the state board. If the advisory committee failsto hold a hearing or to return the proposed rule with arecommendation to the state board within the ninety (90) day period,
the state board may:
(1) hold public hearings on the proposed rule and proceed underIC 4-22-2; or
(2) discontinue the proceedings.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-10
Recognition of educational programs of nonpublic schools;accreditation
Sec. 10. (a) It is the policy of the state that the state:
(1) recognizes that nonpublic schools provide education tochildren in Indiana;
(2) has an interest in ensuring that all Indiana children are welleducated in both curricular and extracurricular programs; and
(3) should facilitate the transferability of comparable academiccredit between appropriate nonpublic schools and statesupported educational institutions.
(b) The state board shall implement a system of recognition of theeducational programs of nonpublic schools to fulfill the policy setforth 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 nonpublicschools from public schools; and
(3) be a recognition system that is separate from theaccreditation standards required of public schools and availableto nonpublic schools under section 8(a)(5) of this chapter.
(d) This section does not prohibit a nonpublic school from seekingaccreditation under section 8(a)(5) of this chapter.
(e) The state board shall adopt rules under IC 4-22-2 to implementthis section.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-11
School improvement and achievement plans; rules
Sec. 11. (a) As used in this section, "plan" refers to a strategic andcontinuous school improvement and achievement plan developedunder 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 conformsto IC 20-20-31.
(c) The governing body may do the following for a school thatparticipates in a plan:
(1) Invoke a waiver of a rule adopted by the state board underIC 20-31-5-5(b).
(2) Develop a plan for the admission of students who do notreside in the school's attendance area but have legal settlementin the school corporation. (d) In approving a school corporation's actions under this section,the state board shall consider whether the governing body has donethe following:
(1) Approved a school's plan.
(2) Demonstrated the support of the exclusive representativeonly for the professional development program component ofthe plan.
(e) The state board may waive any statute or rule relating tocurriculum or textbook selection on behalf of a school in accordancewith IC 20-31-5-5.
(f) As part of the plan, the governing body may develop andimplement a policy to do the following:
(1) Allow the transfer of a student who resides in the school'sattendance area but whose parent requests that the studentattend another school in the school corporation of legalsettlement.
(2) Inform parents of their rights under this section.
(g) The state board shall adopt rules under IC 4-22-2 to implementthis section.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-12
Guidelines on selection of school sites and construction, repair, oralteration of school buildings and facilities; consideration ofguidelines; department review of plans; departmentrecommendation
Sec. 12. (a) The state board shall, in the manner provided byIC 4-22-2, adopt rules setting forth nonbinding guidelines for theselection of school sites and the construction, alteration, and repairof school buildings, athletic facilities, and other categories offacilities related to the operation and administration of schoolcorporations. The nonbinding guidelines must include:
(1) preferred location and building practices for schoolcorporations, including standards for enhancing health, studentsafety, accessibility, energy efficiency, operating efficiency, andinstructional efficacy;
(2) guidelines concerning minimum acreage, cost per squarefoot or cost per ADM (as defined in IC 20-18-2-2), technologyinfrastructure, building materials, per student square footage,and other general space requirements, including space foracademics, administration and staff support, arts education andauditoriums, libraries, cafeterias, athletics and physicaleducation, transportation facilities, and maintenance and repairfacilities; and
(3) additional guidelines that the state board considersnecessary for efficient and cost effective construction of schoolfacilities.
The building law compliance officer appointed under IC 10-19-7-4,the office of management and budget, and the department of localgovernment finance shall, upon request of the board, provide
technical assistance as necessary for the development of theguidelines.
(b) The state board shall annually compile, in a document capableof 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 repairof school buildings.
(c) A school corporation shall consider the guidelines adoptedunder subsection (a) when developing plans and specifications for afacility described in subsection (a). Before submitting completedwritten plans and specifications for the selection of a school buildingsite or the construction or alteration of a school building to thedivision of fire and building safety for issuance of a design releaseunder IC 22-15-3, a school corporation shall do the following:
(1) Submit the proposed plans and specifications to thedepartment. Within thirty (30) days after the departmentreceives the plans and specifications, the department shall:
(A) review the plans and specifications to determine whetherthey comply with the guidelines adopted under subsection(a); and
(B) provide written recommendations concerning the plansand specifications to the school corporation, which mustinclude findings as to any material differences between theplans and specifications and the guidelines adopted undersubsection (a).
(2) After the earlier of:
(A) receipt of the recommendations provided undersubdivision (1)(B); or
(B) the date that is thirty (30) days after the date thedepartment received the plans and specifications undersubdivision (1)(A);
issue a public document that describes the recommendations, ifany, and any material differences between the plans andspecifications prepared by the school corporation and theguidelines adopted under subsection (a), as determined underthe guidelines adopted by the state board.
(3) After publishing a notice of the public hearing underIC 5-3-1, conduct a public hearing to receive public commentconcerning the school corporation's plans and specifications.
After the public hearing and without conducting another publichearing under this subsection, the governing body may revise theplans and specifications or submit the plans and specifications to thedivision of fire and building safety without making changes. Theschool corporation shall revise the public document described insubdivision (2) to identify any changes in the plans andspecifications 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.
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 andspecifications for the construction, alteration, or repair of schoolbuildings, 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 specialschool for children with disabilities.
However, the state board shall adopt guidelines concerning plans andspecifications 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, developingstandards and objectives for local school corporations.
(2) Assess the attainment of the established goals.
(3) Assure compliance with established standards andobjectives.
(4) Make recommendations to the governor and generalassembly concerning the educational needs of the state,including financial needs.
As added by P.L.1-2005, SEC.3.
IC 20-19-2-15
Freeway school corporation and freeway school
Sec. 15. The state board shall comply with IC 20-26-15 toestablish 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 lawsenacted by the Congress of the United States that provide for aid tochildren with disabilities.
(b) The state board is designated as the proper authority and mayaccept any federal funds appropriated to aid in the education ofchildren with disabilities. The state board shall comply with all therequirements of:
(1) federal law concerning any federal funds relating to specialeducational activities; and
(2) any amendments to those laws or rules and regulationsissued under and in conformity with those laws and notinconsistent 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 toprovide for the promotion of vocational education; to provide forcooperation with the states in the promotion of such education inagriculture and the trades and industries; to provide for cooperationwith the states in the preparation of teachers of career and technicaleducation subjects; and to appropriate money and regulate itsexpenditure," 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 andindustrial subjects.
(3) Appropriations for the training of teachers of career andtechnical 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 educationfunds
Sec. 18. (a) The treasurer of state is designated as the custodianfor career and technical education.
(b) The treasurer of state shall do the following:
(1) Receive money paid to the state from the United Statestreasury under the act of Congress described in section 17 ofthis chapter.
(2) Pay the money described in subdivision (1), upon thewarrant of the auditor of state, when the money is certified bythe state board.
As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.88.
IC 20-19-2-19
State board designated to administer federal vocational educationact
Sec. 19. The state board:
(1) is designated as the state agency to carry out the provisionsof the act of Congress described in section 17 of this chapter, sofar as the act relates to the cooperation of the state and federalgovernment; and
(2) may take all necessary steps in:
(A) forming plans to promote education in agriculture,trades, and industries; and
(B) forming and executing plans to prepare teachers ofcareer and technical subjects.
As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.89.
IC 20-19-2-20 Fast track to college diploma design by the state board
Sec. 20. The state board shall design a high school diploma to begranted to individuals who successfully complete a high school fasttrack to college program under IC 21-43-6, IC 21-43-7, orIC 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.