CHAPTER 8. ALTERNATIVE PROGRAM FOR CERTAIN STUDENTS
IC 20-30-8
Chapter 8. Alternative Program for Certain Students
IC 20-30-8-1
"Alternative education program"
Sec. 1. As used in this chapter, "alternative education program"refers to an alternative school or educational program that isdescribed in section 6 of this chapter. The term includes:
(1) an alternative education program described in section5(a)(1) of this chapter; or
(2) an area alternative education program described in section5(a)(2) of this chapter.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-2
"Disruptive student"
Sec. 2. As used in this chapter, "disruptive student" means aneligible student who has a documented record of frequent disruptionsof the traditional school learning environment despite repeatedattempts by the school corporation to modify the student's behaviorin conformity with a progressive disciplinary program approved bythe department.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-3
"Eligible student"
Sec. 3. (a) Except as provided in subsection (b), as used in thischapter, "eligible student" refers to a student who qualifies as aneligible student under section 9 of this chapter.
(b) As used in section 16 of this chapter, "eligible student" meansan eligible pupil (as defined in IC 20-43-1-11) who meets the criteriafor enrollment in an alternative education program under section 9of this chapter.
As added by P.L.1-2005, SEC.14. Amended by P.L.2-2006, SEC.141.
IC 20-30-8-3.5
"Full-time equivalent students"
Sec. 3.5. As used in this chapter, "full-time equivalent students"means the number of students determined under section 16 of thischapter.
As added by P.L.2-2006, SEC.142.
IC 20-30-8-4
"Program organizer"
Sec. 4. As used in this chapter, "program organizer" means thefollowing:
(1) The governing body of a school corporation that establishesan alternative education program described in section 5(a)(1) ofthis chapter.
(2) The governing bodies of each of the school corporations
that:
(A) participate in an area alternative education programdescribed in section 5(a)(2) of this chapter; and
(B) take an official action under this chapter by adoptingsubstantially identical resolutions.
(3) The governing body or administrative body of an areaalternative education program described in section 5(a)(2) ofthis chapter.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-4.5
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-30-8-4.6
"Qualifying school corporation"
Sec. 4.6. As used in this chapter, "qualifying school corporation"means a school corporation, including a charter school, that has beenapproved under section 8 of this chapter to receive a grant under thischapter.
As added by P.L.2-2006, SEC.143.
IC 20-30-8-5
Election to establish program or to participate in joint program;site
Sec. 5. (a) The governing body may elect to:
(1) establish an alternative program on its own; or
(2) participate in an area alternative program through a jointprogram under IC 20-26-10.
(b) An alternative program is not required to be located at a sitethat is different than the site at which the traditional schoolinstruction is offered.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-6
Qualification as alternative education program
Sec. 6. To qualify as an alternative education program, theprogram must:
(1) be an educational program for eligible students that instructsthe eligible students in a different manner than the manner ofinstruction available in a traditional school setting; and
(2) comply with the rules that are adopted under IC 4-22-2 bythe state board to govern:
(A) alternative education programs; and
(B) admission of eligible students to alternative educationprograms.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-7
Program organizers; requests for approval of grants or waivers
from rules
Sec. 7. The program organizer may request the approval from thedepartment for the following:
(1) To receive the grant for alternative education programsunder IC 20-20-33.
(2) To be granted waivers from rules adopted by the state boardthat may otherwise interfere with the objectives of thealternative education program, including waivers of:
(A) certain high school graduation requirements;
(B) the length of the student instructional day as set forth inIC 20-30-2-2;
(C) required curriculum and textbooks;
(D) teacher certification requirements; and
(E) physical facility requirements.
As added by P.L.1-2005, SEC.14. Amended by P.L.2-2006, SEC.144.
IC 20-30-8-8
Approval of grant; application for program; term of grant
Sec. 8. (a) Before a program organizer is eligible for the fundingunder IC 20-20-33, a program organizer must have the grant for theprogram approved by both:
(1) the department; and
(2) the budget agency after review by the budget committee.
(b) A school corporation may initiate the program and waiverapproval process under section 7 of this chapter and the grantapproval process under this section by submitting an application forthe proposed alternative education program, on forms developed bythe department, to the department. The application must include thefollowing information:
(1) The number of eligible students expected to participate inthe alternative education program.
(2) A description of the proposed alternative educationprogram, including a description of the nature of the alternativeeducation program curriculum.
(3) The extent to which the manner of instruction at thealternative education program differs from the manner ofinstruction available in the traditional school setting.
(4) A description of specific progressive disciplinaryprocedures that:
(A) are reasonably designed to modify disruptive behaviorin the traditional school learning environment withoutnecessitating admission to an alternative education program;and
(B) will be used before admitting a disruptive student to analternative education program.
(5) Any other pertinent information required by the department.
(c) The term of a grant may not exceed one (1) school year. If aschool corporation fails to conduct an alternative education programin conformity with:
(1) this chapter; (2) the rules adopted by the state board; or
(3) the terms of the approved grant;
the department or the budget agency, after review by the budgetcommittee, may terminate funding for the alternative educationprogram before the grant expires.
As added by P.L.1-2005, SEC.14. Amended by P.L.2-2006, SEC.145.
IC 20-30-8-9
Qualification as eligible student
Sec. 9. (a) To qualify as an eligible student, a student must:
(1) be enrolled in or be eligible to be admitted to grades 6through 12;
(2) meet at least one (1) of the criteria described in section 10of this chapter;
(3) have a written individual service plan prepared undersection 11 of this chapter; and
(4) be likely to benefit:
(A) academically;
(B) behaviorally; or
(C) both academically and behaviorally;
from participation in an alternative education program, asjointly determined by the student's teacher or teachers andprincipal or principal's designee, and in consultation with thestudent's parent or guardian.
(b) The governing body of the school corporation shall review thedeterminations made by the school corporation to place and retainstudents in an alternative education program in order to ensure thatthe students in the alternative education program meet the criteria forthe program.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-10
Criteria for placement of students in program
Sec. 10. A student placed in an alternative education programmust meet at least one (1) of the following criteria:
(1) The student intends to withdraw or has withdrawn fromschool before graduation.
(2) The student has been identified as a student who:
(A) has failed to comply academically; and
(B) would benefit from instruction offered in a mannerdifferent from the manner of instruction available in atraditional school.
(3) The student is a parent or an expectant parent and is unableto regularly attend the traditional school program.
(4) The student is employed and the employment:
(A) is necessary for the support of the student or thestudent's immediate family; and
(B) interferes with a part of the student's instructional day.
(5) The student is a disruptive student.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-11
Individual service plans for students
Sec. 11. (a) Before placing a student in an alternative educationprogram, the school corporation in which the student is enrolled shallprepare an individual service plan for the student's placement.
(b) The individual service plan for a student must be reviewed andrevised:
(1) as needed; and
(2) at least annually.
(c) The initial plan and each revised plan must be jointly preparedby the student's:
(1) teacher or teachers; and
(2) principal or the principal's designee.
If a student is enrolled in an alternative education program when anindividual service plan is revised, the principal and teacher for thealternative education program may prepare the revised plan. If astudent is enrolled in the classes of more than one (1) teacher, ateacher who is designated by the school corporation as the student'sprincipal adviser shall prepare the individual service plan.
(d) The individual service plan for a student must be in writing.In the plan, the student's teacher or teachers and principal orprincipal's designee must jointly agree that the student is likely toacademically benefit from participation in an alternative educationprogram. The plan must include a description of at least thefollowing:
(1) Educational goals appropriate for the student.
(2) Behavioral goals appropriate for the student.
(3) An alternative education program that is appropriate for thestudent.
(4) Services required by the student and the student's immediatefamily to meet the educational goals and behavioral goalsspecified in the individual service plan.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-12
Appeal by eligible student
Sec. 12. A student who:
(1) is designated as an eligible student or assigned to participatein a particular alternative education program; and
(2) disagrees with the designation or assignment described insubdivision (1);
may appeal the designation to the governing body for the schoolcorporation in which the student is enrolled.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-13
Department to encourage and assist in establishing program;program for chronically disruptive students
Sec. 13. (a) The department shall encourage school corporationsto assess the need in the school corporation for an alternative
education program or an area alternative education program.
(b) Upon request of a school corporation, the department shallassist the school corporation in establishing an alternative educationprogram.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-14
Adoption of rules; implementation of chapter
Sec. 14. The state board shall adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.1-2005, SEC.14.
IC 20-30-8-15
Report; full-time equivalent students
Sec. 15. Each qualifying school corporation shall report to thedepartment in the form specified by the department the number offull-time equivalent students who were enrolled in an alternativeeducation program. Reports must be submitted before January 31 ofeach year for the period January 1 through December 31 of theimmediately preceding year.
As added by P.L.2-2006, SEC.146.
IC 20-30-8-16
Determination of full-time equivalent students
Sec. 16. The number of full-time equivalent students enrolled inan alternative education program during a reporting period is theresult determined under STEP SIX of the following formula:
STEP ONE: Determine the number of alternative educationprogram sessions that were conducted in a reporting period fora qualifying school corporation as follows:
(A) Determine the number of days on which an alternativeeducation program was conducted for an entire morning, asdetermined under the rules adopted by the state board.
(B) Determine the number of days on which an alternativeeducation program was conducted for an entire afternoon, asdetermined under the rules adopted by the state board.
(C) Determine the number of days on which an alternativeeducation program was conducted for an entire evening, asdetermined under the rules adopted by the state board.
(D) Determine the sum of the clause (A), (B), and (C)amounts.
STEP TWO: For each morning, afternoon, and evening sessionof an alternative education program that is used to determinethe STEP ONE result, determine the number of eligible studentsenrolled in the sessions.
STEP THREE: Determine the sum of the STEP TWO amounts.
STEP FOUR: Divide the STEP THREE result by the STEPONE result.
STEP FIVE: Divide the STEP ONE result by three hundredsixty (360). STEP SIX: Multiply the STEP FOUR result by the STEP FIVEresult.
As added by P.L.2-2006, SEC.147.