IC 20-26-15
Chapter 15. Freeway School Corporation and Freeway School
Program
IC 20-26-15-1 "Contract"
Sec. 1. As used in this chapter, "contract" refers to a contract
entered into under this chapter for the establishment of:
(1) a freeway school corporation; or
(2) a freeway school. As added by P.L.1-2005, SEC.10.
IC 20-26-15-2 "Freeway school"
Sec. 2. As used in this chapter, "freeway school" refers to:
(1) a school for which a contract has been entered into under
this chapter; or
(2) a nonpublic school that enters into a contract under section
13 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-3 "Freeway school corporation"
Sec. 3. As used in this chapter, "freeway school corporation"
refers to a school corporation that enters into a contract under this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-4 Contract for designation as freeway school; approval
Sec. 4. (a) The state board and the governing body of a school
corporation must enter into a contract that complies with this chapter
to designate a school corporation as a freeway school corporation or
a school within a school corporation as a freeway school if a school
corporation:
(1) petitions the state board for designation as a freeway school
corporation or to have a school within the school corporation
designated as a freeway school; and
(2) agrees to comply with this chapter.
(b) A school corporation becomes a freeway school corporation
and a school becomes a freeway school when the contract is signed
by:
(1) the state superintendent, acting for the state board after a
majority of the members of the state board have voted in a
public session to enter into the contract; and
(2) the president of the governing body of the school
corporation, acting for the governing body of the school
corporation after a majority of the members of the governing
body have voted in a public session to enter into the contract. As added by P.L.1-2005, SEC.10. IC 20-26-15-5 Elective suspension of statutes and rules in freeway school contract
.
Sec. 5. Notwithstanding any other law, the operation of the
following is suspended for a freeway school corporation or a freeway
school if the governing body of the school corporation elects to have
the specific statute or rule suspended in the contract:
(1) The following statutes and rules concerning curriculum and
instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
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.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning textbooks:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation
system.
(6) IC 20-32-5, concerning the ISTEP program established
under IC 20-32-5-15, if an alternative locally adopted
assessment program is adopted under section 6(7) of this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-6 Permitted actions by freeway school or freeway school corporation
during contract period
Sec. 6. Except as provided in this chapter and notwithstanding any
other law, a freeway school corporation or a freeway school may do
the following during the contract period:
(1) Disregard the observance of any statute or rule that is listed
in the contract.
(2) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
corporation purpose, if the lessee has not received a bid from a
private entity to provide transportation equipment or services
for the same purpose.
(3) Replace the budget and accounting system that is required
by law with a budget or accounting system that is frequently
used in the private business community. The state board of
accounts may not go beyond the requirements imposed upon the
state board of accounts by statute in reviewing the budget and
accounting system used by a freeway school corporation or a
freeway school.
(4) Establish a professional development and technology fund
to be used for:
(A) professional development; or
(B) technology, including video distance learning.
However, any money deposited in the professional development
and technology fund for technology purposes must be
transferred to the school technology fund.
(5) Subject to subdivision (4), transfer funds obtained from
sources other than state or local government taxation among any
accounts of the school corporation, including a professional
development and technology fund established under subdivision
(4).
(6) Transfer funds obtained from property taxation and from
state distributions among the general fund and the school
transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund
and the school transportation fund after a transfer occurs
under this subdivision may not exceed the sum of the
property tax rates for the general fund and the school
transportation fund before a transfer occurs under this
subdivision.
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the:
(i) capital projects fund; or
(ii) debt service fund.
(7) Establish a locally adopted assessment program to replace
the assessment of students under the ISTEP program established
under IC 20-32-5-15, subject to the following:
(A) A locally adopted assessment program must be
established by the governing body and approved by the
department.
(B) A locally adopted assessment program may use a locally
developed test or a nationally developed test.
(C) Results of assessments under a locally adopted
assessment program are subject to the same reporting
requirements as results under the ISTEP program.
(D) Each student who completes a locally adopted
assessment program and the student's parent have the same
rights to inspection and rescoring as set forth in
IC 20-32-5-9. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.135. IC 20-26-15-7 Educational benefits required during contract period
Sec. 7. The minimum educational benefits that a freeway school
corporation or a freeway school must produce under this chapter are
the following:
(1) An average attendance rate that increases:
(A) not less than two percent (2%) each school year until the
average attendance rate is eighty-five percent (85%); and
(B) one percent (1%) each school year until the average
attendance rate is ninety percent (90%).
(2) A successful completion rate of the assessment program by
meeting essential standards under the ISTEP program (IC
20-32-5) or a locally adopted assessment program established
under section 6(7) of this chapter that increases:
(A) not less than two percent (2%) each school year until the
successful completion rate is not less than eighty-five
percent (85%); and
(B) one percent (1%) each school year until the successful
completion rate is not less than ninety percent (90%);
of the students in the designated grade levels under the ISTEP
assessment program (IC 20-32-5) or the locally adopted
assessment program that are grades contained in the freeway
school corporation or freeway school.
(3) Beginning with the class of students who expect to graduate
four (4) years after a freeway school corporation or a freeway
school that is a high school obtains freeway status, a graduation
rate as determined under 511 IAC 6.1-1-2(k) that increases:
(A) not less than two percent (2%) each school year until the
graduation rate is not less than eighty-five percent (85%);
and
(B) one percent (1%) each school year until the graduation
rate is ninety percent (90%).
After a freeway school corporation or a freeway school has achieved
the minimum rates required under subdivisions (1) through (3), the
freeway school corporation or freeway school must either maintain
the minimum required rates or show continued improvement of those
rates. As added by P.L.1-2005, SEC.10.
IC 20-26-15-8 Mandatory contract provisions and plans; additional educational
benefits allowed under contract
Sec. 8. (a) The contract must contain the following provisions:
(1) A list of the statutes and rules that are suspended from
operation in a freeway school corporation or freeway school, as
listed in section 5 of this chapter.
(2) A description of the privileges of a freeway school
corporation or freeway school, as listed in section 6 of this
chapter.
(3) A description of the educational benefits listed in section 7
of this chapter that a freeway school corporation or freeway
school agrees to:
(A) achieve by the end of five (5) complete school years
after the contract is signed; and
(B) maintain at the end of:
(i) the sixth; and
(ii) any subsequent;
complete school year after the contract is signed.
(4) A plan and a schedule for the freeway school corporation or
freeway school to achieve the educational benefits listed in
section 7 of this chapter by the end of five (5) complete school
years after the contract is signed. The schedule must show some
percentage of improvement by the end of the second, third, and
fourth complete school years after the contract is signed.
(5) A school by school strategy, including curriculum, in which
character education is demonstrated to be a priority. The
strategy required under this subdivision must include the
following subjects as integral parts of each school's character
education:
(A) Hygiene.
(B) Alcohol and drugs.
(C) Diseases transmitted sexually or through drug use,
including AIDS.
(D) Honesty.
(E) Respect.
(F) Abstinence and restraint.
(6) A plan under which the freeway school corporation or
freeway school will offer courses that will allow a student to
become eligible to receive an academic honors diploma.
(7) A plan under which the freeway school corporation or
freeway school will maintain a safe and disciplined learning
environment for students and teachers.
(b) In the contract:
(1) the quantitative measures of benefits may be higher, but not
lower, than the minimum educational benefits listed in section
7 of this chapter; and
(2) educational benefits may be included in addition to the
minimum educational benefits listed in section 7 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-9 Contract amendment
Sec. 9. The governing body of a freeway school corporation and
the state board acting jointly may amend a contract entered into
under this chapter:
(1) to comply with any law enacted subsequent to the formation
of the contract;
(2) to alter the educational benefits to a level that is not below
the minimum educational benefits listed in section 7 of this
chapter; or
(3) for a purpose jointly agreed to by the parties. As added by P.L.1-2005, SEC.10.
IC 20-26-15-10 Annual evaluation of contract compliance
Sec. 10. On July 1 of each year, the state board shall determine
whether a freeway school corporation or freeway school that has
completed:
(1) a second, third, or fourth complete school year under a
contract entered under this chapter has achieved the scheduled
improvement in educational benefits that the freeway school
corporation or freeway school has agreed to achieve;
(2) a fifth complete school year under a contract entered under
this chapter has achieved the educational benefits that the
freeway school corporation or freeway school has agreed to
achieve; or
(3) more than five (5) full school years under a contract entered
under this chapter has maintained the educational benefits that
the freeway school corporation or freeway school has agreed to
maintain. As added by P.L.1-2005, SEC.10.
IC 20-26-15-11 Failure to achieve minimum educational benefits standards during
contract years one through five
Sec. 11. (a) A school corporation that enters into a contract under
this chapter to:
(1) be a freeway school corporation; or
(2) operate a freeway school;
must achieve the educational benefits that the school corporation
agrees in the contract to achieve.
(b) If a school corporation that enters into a contract under this
chapter to be a freeway school corporation or to operate a freeway
school fails to achieve any of the educational benefits agreed upon
in the contract at the end of a school year:
(1) the state board shall review the school corporation's plan
and schedule for achieving the educational benefits, and, if
necessary, modify the plan; and
(2) the year in which the educational benefits are not achieved
is not included in the five (5) year contract period.
(c) A contract is void and a school corporation ceases immediately
to be a freeway school corporation or to be eligible to operate a
freeway school if:
(1) the school corporation or school has previously undergone
a plan and schedule review under subsection (b); and
(2) the state board determines that the school corporation or
school failed to achieve the following that the school
corporation agreed to achieve in the contract:
(A) at the end of the second, third, or fourth complete school
year after a contract is signed under this chapter, two (2) of
the three (3) scheduled improvements in educational benefits
that are listed in section 7 of this chapter; or
(B) at the end of the fifth complete school year after a
contract is signed under this chapter, the educational benefits
stated in the contract. As added by P.L.1-2005, SEC.10.
IC 20-26-15-12 Failure to achieve minimum educational benefits standards during
and after contract year six
Sec. 12. (a) A school corporation that enters into a contract under
this chapter to be a freeway school corporation or to operate a
freeway school must maintain the educational benefits that the
school corporation agrees to achieve in the contract.
(b) If the state board determines that a freeway school corporation
or freeway school has failed to maintain the educational benefits
described in subsection (a) for two (2) consecutive or nonconsecutive
school years beginning with the end of the sixth school year after a
contract is signed under this chapter:
(1) the contract is void; and
(2) the school corporation ceases to be:
(A) a freeway school corporation; or
(B) eligible to operate a freeway school;
on July 1 following the second school year in which the freeway
school corporation or freeway school failed to maintain the required
educational benefits. As added by P.L.1-2005, SEC.10.
IC 20-26-15-13 Nonpublic school designated as freeway school; contract approval;
accreditation
Sec. 13. (a) A nonpublic school may enter into a contract with the
state board to become a freeway school.
(b) The state board and the governing body of a nonpublic school
must enter into a contract that complies with this chapter to designate
the nonpublic school as a freeway school if the nonpublic school:
(1) petitions the state board for designation as a freeway school;
and
(2) agrees to comply with this chapter.
(c) A nonpublic school becomes a freeway school when the
contract is signed by:
(1) the state superintendent, acting for the state board after a
majority of the members of the board have voted in a public
session to enter into the contract; and
(2) the president of the governing body of the nonpublic school,
acting for the governing body of the nonpublic school after a
majority of the members of the governing body have voted to
enter into the contract.
(d) The state board shall accredit a nonpublic school that:
(1) becomes a freeway school under this chapter; and
(2) complies with the terms of the contract. As added by P.L.1-2005, SEC.10.
IC 20-26-15-14 Legality of actions taken following cessation of freeway school or
freeway school corporation
Sec. 14. (a) This section applies to:
(1) a school corporation that has ceased to be a freeway school
corporation; and
(2) a school that has ceased to be a freeway school.
(b) If an action taken by a school corporation or school described
in subsection (a) while a contract was in effect was legal at the time
the action was taken because of the waiver of a statute or rule in the
contract, the action remains legal after the contract becomes void.
(c) An action taken by a school corporation or school described
in subsection (a) after the date on which a contract becomes void
must be in compliance with existing statutes and rules. As added by P.L.1-2005, SEC.10.
IC 20-26-15
Chapter 15. Freeway School Corporation and Freeway School
Program
IC 20-26-15-1 "Contract"
Sec. 1. As used in this chapter, "contract" refers to a contract
entered into under this chapter for the establishment of:
(1) a freeway school corporation; or
(2) a freeway school. As added by P.L.1-2005, SEC.10.
IC 20-26-15-2 "Freeway school"
Sec. 2. As used in this chapter, "freeway school" refers to:
(1) a school for which a contract has been entered into under
this chapter; or
(2) a nonpublic school that enters into a contract under section
13 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-3 "Freeway school corporation"
Sec. 3. As used in this chapter, "freeway school corporation"
refers to a school corporation that enters into a contract under this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-4 Contract for designation as freeway school; approval
Sec. 4. (a) The state board and the governing body of a school
corporation must enter into a contract that complies with this chapter
to designate a school corporation as a freeway school corporation or
a school within a school corporation as a freeway school if a school
corporation:
(1) petitions the state board for designation as a freeway school
corporation or to have a school within the school corporation
designated as a freeway school; and
(2) agrees to comply with this chapter.
(b) A school corporation becomes a freeway school corporation
and a school becomes a freeway school when the contract is signed
by:
(1) the state superintendent, acting for the state board after a
majority of the members of the state board have voted in a
public session to enter into the contract; and
(2) the president of the governing body of the school
corporation, acting for the governing body of the school
corporation after a majority of the members of the governing
body have voted in a public session to enter into the contract. As added by P.L.1-2005, SEC.10. IC 20-26-15-5 Elective suspension of statutes and rules in freeway school contract
.
Sec. 5. Notwithstanding any other law, the operation of the
following is suspended for a freeway school corporation or a freeway
school if the governing body of the school corporation elects to have
the specific statute or rule suspended in the contract:
(1) The following statutes and rules concerning curriculum and
instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
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.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning textbooks:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation
system.
(6) IC 20-32-5, concerning the ISTEP program established
under IC 20-32-5-15, if an alternative locally adopted
assessment program is adopted under section 6(7) of this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-6 Permitted actions by freeway school or freeway school corporation
during contract period
Sec. 6. Except as provided in this chapter and notwithstanding any
other law, a freeway school corporation or a freeway school may do
the following during the contract period:
(1) Disregard the observance of any statute or rule that is listed
in the contract.
(2) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
corporation purpose, if the lessee has not received a bid from a
private entity to provide transportation equipment or services
for the same purpose.
(3) Replace the budget and accounting system that is required
by law with a budget or accounting system that is frequently
used in the private business community. The state board of
accounts may not go beyond the requirements imposed upon the
state board of accounts by statute in reviewing the budget and
accounting system used by a freeway school corporation or a
freeway school.
(4) Establish a professional development and technology fund
to be used for:
(A) professional development; or
(B) technology, including video distance learning.
However, any money deposited in the professional development
and technology fund for technology purposes must be
transferred to the school technology fund.
(5) Subject to subdivision (4), transfer funds obtained from
sources other than state or local government taxation among any
accounts of the school corporation, including a professional
development and technology fund established under subdivision
(4).
(6) Transfer funds obtained from property taxation and from
state distributions among the general fund and the school
transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund
and the school transportation fund after a transfer occurs
under this subdivision may not exceed the sum of the
property tax rates for the general fund and the school
transportation fund before a transfer occurs under this
subdivision.
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the:
(i) capital projects fund; or
(ii) debt service fund.
(7) Establish a locally adopted assessment program to replace
the assessment of students under the ISTEP program established
under IC 20-32-5-15, subject to the following:
(A) A locally adopted assessment program must be
established by the governing body and approved by the
department.
(B) A locally adopted assessment program may use a locally
developed test or a nationally developed test.
(C) Results of assessments under a locally adopted
assessment program are subject to the same reporting
requirements as results under the ISTEP program.
(D) Each student who completes a locally adopted
assessment program and the student's parent have the same
rights to inspection and rescoring as set forth in
IC 20-32-5-9. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.135. IC 20-26-15-7 Educational benefits required during contract period
Sec. 7. The minimum educational benefits that a freeway school
corporation or a freeway school must produce under this chapter are
the following:
(1) An average attendance rate that increases:
(A) not less than two percent (2%) each school year until the
average attendance rate is eighty-five percent (85%); and
(B) one percent (1%) each school year until the average
attendance rate is ninety percent (90%).
(2) A successful completion rate of the assessment program by
meeting essential standards under the ISTEP program (IC
20-32-5) or a locally adopted assessment program established
under section 6(7) of this chapter that increases:
(A) not less than two percent (2%) each school year until the
successful completion rate is not less than eighty-five
percent (85%); and
(B) one percent (1%) each school year until the successful
completion rate is not less than ninety percent (90%);
of the students in the designated grade levels under the ISTEP
assessment program (IC 20-32-5) or the locally adopted
assessment program that are grades contained in the freeway
school corporation or freeway school.
(3) Beginning with the class of students who expect to graduate
four (4) years after a freeway school corporation or a freeway
school that is a high school obtains freeway status, a graduation
rate as determined under 511 IAC 6.1-1-2(k) that increases:
(A) not less than two percent (2%) each school year until the
graduation rate is not less than eighty-five percent (85%);
and
(B) one percent (1%) each school year until the graduation
rate is ninety percent (90%).
After a freeway school corporation or a freeway school has achieved
the minimum rates required under subdivisions (1) through (3), the
freeway school corporation or freeway school must either maintain
the minimum required rates or show continued improvement of those
rates. As added by P.L.1-2005, SEC.10.
IC 20-26-15-8 Mandatory contract provisions and plans; additional educational
benefits allowed under contract
Sec. 8. (a) The contract must contain the following provisions:
(1) A list of the statutes and rules that are suspended from
operation in a freeway school corporation or freeway school, as
listed in section 5 of this chapter.
(2) A description of the privileges of a freeway school
corporation or freeway school, as listed in section 6 of this
chapter.
(3) A description of the educational benefits listed in section 7
of this chapter that a freeway school corporation or freeway
school agrees to:
(A) achieve by the end of five (5) complete school years
after the contract is signed; and
(B) maintain at the end of:
(i) the sixth; and
(ii) any subsequent;
complete school year after the contract is signed.
(4) A plan and a schedule for the freeway school corporation or
freeway school to achieve the educational benefits listed in
section 7 of this chapter by the end of five (5) complete school
years after the contract is signed. The schedule must show some
percentage of improvement by the end of the second, third, and
fourth complete school years after the contract is signed.
(5) A school by school strategy, including curriculum, in which
character education is demonstrated to be a priority. The
strategy required under this subdivision must include the
following subjects as integral parts of each school's character
education:
(A) Hygiene.
(B) Alcohol and drugs.
(C) Diseases transmitted sexually or through drug use,
including AIDS.
(D) Honesty.
(E) Respect.
(F) Abstinence and restraint.
(6) A plan under which the freeway school corporation or
freeway school will offer courses that will allow a student to
become eligible to receive an academic honors diploma.
(7) A plan under which the freeway school corporation or
freeway school will maintain a safe and disciplined learning
environment for students and teachers.
(b) In the contract:
(1) the quantitative measures of benefits may be higher, but not
lower, than the minimum educational benefits listed in section
7 of this chapter; and
(2) educational benefits may be included in addition to the
minimum educational benefits listed in section 7 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-9 Contract amendment
Sec. 9. The governing body of a freeway school corporation and
the state board acting jointly may amend a contract entered into
under this chapter:
(1) to comply with any law enacted subsequent to the formation
of the contract;
(2) to alter the educational benefits to a level that is not below
the minimum educational benefits listed in section 7 of this
chapter; or
(3) for a purpose jointly agreed to by the parties. As added by P.L.1-2005, SEC.10.
IC 20-26-15-10 Annual evaluation of contract compliance
Sec. 10. On July 1 of each year, the state board shall determine
whether a freeway school corporation or freeway school that has
completed:
(1) a second, third, or fourth complete school year under a
contract entered under this chapter has achieved the scheduled
improvement in educational benefits that the freeway school
corporation or freeway school has agreed to achieve;
(2) a fifth complete school year under a contract entered under
this chapter has achieved the educational benefits that the
freeway school corporation or freeway school has agreed to
achieve; or
(3) more than five (5) full school years under a contract entered
under this chapter has maintained the educational benefits that
the freeway school corporation or freeway school has agreed to
maintain. As added by P.L.1-2005, SEC.10.
IC 20-26-15-11 Failure to achieve minimum educational benefits standards during
contract years one through five
Sec. 11. (a) A school corporation that enters into a contract under
this chapter to:
(1) be a freeway school corporation; or
(2) operate a freeway school;
must achieve the educational benefits that the school corporation
agrees in the contract to achieve.
(b) If a school corporation that enters into a contract under this
chapter to be a freeway school corporation or to operate a freeway
school fails to achieve any of the educational benefits agreed upon
in the contract at the end of a school year:
(1) the state board shall review the school corporation's plan
and schedule for achieving the educational benefits, and, if
necessary, modify the plan; and
(2) the year in which the educational benefits are not achieved
is not included in the five (5) year contract period.
(c) A contract is void and a school corporation ceases immediately
to be a freeway school corporation or to be eligible to operate a
freeway school if:
(1) the school corporation or school has previously undergone
a plan and schedule review under subsection (b); and
(2) the state board determines that the school corporation or
school failed to achieve the following that the school
corporation agreed to achieve in the contract:
(A) at the end of the second, third, or fourth complete school
year after a contract is signed under this chapter, two (2) of
the three (3) scheduled improvements in educational benefits
that are listed in section 7 of this chapter; or
(B) at the end of the fifth complete school year after a
contract is signed under this chapter, the educational benefits
stated in the contract. As added by P.L.1-2005, SEC.10.
IC 20-26-15-12 Failure to achieve minimum educational benefits standards during
and after contract year six
Sec. 12. (a) A school corporation that enters into a contract under
this chapter to be a freeway school corporation or to operate a
freeway school must maintain the educational benefits that the
school corporation agrees to achieve in the contract.
(b) If the state board determines that a freeway school corporation
or freeway school has failed to maintain the educational benefits
described in subsection (a) for two (2) consecutive or nonconsecutive
school years beginning with the end of the sixth school year after a
contract is signed under this chapter:
(1) the contract is void; and
(2) the school corporation ceases to be:
(A) a freeway school corporation; or
(B) eligible to operate a freeway school;
on July 1 following the second school year in which the freeway
school corporation or freeway school failed to maintain the required
educational benefits. As added by P.L.1-2005, SEC.10.
IC 20-26-15-13 Nonpublic school designated as freeway school; contract approval;
accreditation
Sec. 13. (a) A nonpublic school may enter into a contract with the
state board to become a freeway school.
(b) The state board and the governing body of a nonpublic school
must enter into a contract that complies with this chapter to designate
the nonpublic school as a freeway school if the nonpublic school:
(1) petitions the state board for designation as a freeway school;
and
(2) agrees to comply with this chapter.
(c) A nonpublic school becomes a freeway school when the
contract is signed by:
(1) the state superintendent, acting for the state board after a
majority of the members of the board have voted in a public
session to enter into the contract; and
(2) the president of the governing body of the nonpublic school,
acting for the governing body of the nonpublic school after a
majority of the members of the governing body have voted to
enter into the contract.
(d) The state board shall accredit a nonpublic school that:
(1) becomes a freeway school under this chapter; and
(2) complies with the terms of the contract. As added by P.L.1-2005, SEC.10.
IC 20-26-15-14 Legality of actions taken following cessation of freeway school or
freeway school corporation
Sec. 14. (a) This section applies to:
(1) a school corporation that has ceased to be a freeway school
corporation; and
(2) a school that has ceased to be a freeway school.
(b) If an action taken by a school corporation or school described
in subsection (a) while a contract was in effect was legal at the time
the action was taken because of the waiver of a statute or rule in the
contract, the action remains legal after the contract becomes void.
(c) An action taken by a school corporation or school described
in subsection (a) after the date on which a contract becomes void
must be in compliance with existing statutes and rules. As added by P.L.1-2005, SEC.10.
IC 20-26-15
Chapter 15. Freeway School Corporation and Freeway School
Program
IC 20-26-15-1 "Contract"
Sec. 1. As used in this chapter, "contract" refers to a contract
entered into under this chapter for the establishment of:
(1) a freeway school corporation; or
(2) a freeway school. As added by P.L.1-2005, SEC.10.
IC 20-26-15-2 "Freeway school"
Sec. 2. As used in this chapter, "freeway school" refers to:
(1) a school for which a contract has been entered into under
this chapter; or
(2) a nonpublic school that enters into a contract under section
13 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-3 "Freeway school corporation"
Sec. 3. As used in this chapter, "freeway school corporation"
refers to a school corporation that enters into a contract under this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-4 Contract for designation as freeway school; approval
Sec. 4. (a) The state board and the governing body of a school
corporation must enter into a contract that complies with this chapter
to designate a school corporation as a freeway school corporation or
a school within a school corporation as a freeway school if a school
corporation:
(1) petitions the state board for designation as a freeway school
corporation or to have a school within the school corporation
designated as a freeway school; and
(2) agrees to comply with this chapter.
(b) A school corporation becomes a freeway school corporation
and a school becomes a freeway school when the contract is signed
by:
(1) the state superintendent, acting for the state board after a
majority of the members of the state board have voted in a
public session to enter into the contract; and
(2) the president of the governing body of the school
corporation, acting for the governing body of the school
corporation after a majority of the members of the governing
body have voted in a public session to enter into the contract. As added by P.L.1-2005, SEC.10. IC 20-26-15-5 Elective suspension of statutes and rules in freeway school contract
.
Sec. 5. Notwithstanding any other law, the operation of the
following is suspended for a freeway school corporation or a freeway
school if the governing body of the school corporation elects to have
the specific statute or rule suspended in the contract:
(1) The following statutes and rules concerning curriculum and
instructional time:
IC 20-30-2-7
IC 20-30-5-8
IC 20-30-5-9
IC 20-30-5-11
511 IAC 6-7-6
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.
(2) The following rule concerning pupil/teacher ratios:
511 IAC 6.1-4-1.
(3) The following statutes and rules concerning textbooks:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
IC 20-26-12-1
IC 20-26-12-2
511 IAC 6.1-5-5.
(4) 511 IAC 6-7, concerning graduation requirements.
(5) IC 20-31-4, concerning the performance based accreditation
system.
(6) IC 20-32-5, concerning the ISTEP program established
under IC 20-32-5-15, if an alternative locally adopted
assessment program is adopted under section 6(7) of this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-6 Permitted actions by freeway school or freeway school corporation
during contract period
Sec. 6. Except as provided in this chapter and notwithstanding any
other law, a freeway school corporation or a freeway school may do
the following during the contract period:
(1) Disregard the observance of any statute or rule that is listed
in the contract.
(2) Lease school transportation equipment to others for
nonschool use when the equipment is not in use for a school
corporation purpose, if the lessee has not received a bid from a
private entity to provide transportation equipment or services
for the same purpose.
(3) Replace the budget and accounting system that is required
by law with a budget or accounting system that is frequently
used in the private business community. The state board of
accounts may not go beyond the requirements imposed upon the
state board of accounts by statute in reviewing the budget and
accounting system used by a freeway school corporation or a
freeway school.
(4) Establish a professional development and technology fund
to be used for:
(A) professional development; or
(B) technology, including video distance learning.
However, any money deposited in the professional development
and technology fund for technology purposes must be
transferred to the school technology fund.
(5) Subject to subdivision (4), transfer funds obtained from
sources other than state or local government taxation among any
accounts of the school corporation, including a professional
development and technology fund established under subdivision
(4).
(6) Transfer funds obtained from property taxation and from
state distributions among the general fund and the school
transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund
and the school transportation fund after a transfer occurs
under this subdivision may not exceed the sum of the
property tax rates for the general fund and the school
transportation fund before a transfer occurs under this
subdivision.
(B) This subdivision does not allow a school corporation to
transfer to any other fund money from the:
(i) capital projects fund; or
(ii) debt service fund.
(7) Establish a locally adopted assessment program to replace
the assessment of students under the ISTEP program established
under IC 20-32-5-15, subject to the following:
(A) A locally adopted assessment program must be
established by the governing body and approved by the
department.
(B) A locally adopted assessment program may use a locally
developed test or a nationally developed test.
(C) Results of assessments under a locally adopted
assessment program are subject to the same reporting
requirements as results under the ISTEP program.
(D) Each student who completes a locally adopted
assessment program and the student's parent have the same
rights to inspection and rescoring as set forth in
IC 20-32-5-9. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.135. IC 20-26-15-7 Educational benefits required during contract period
Sec. 7. The minimum educational benefits that a freeway school
corporation or a freeway school must produce under this chapter are
the following:
(1) An average attendance rate that increases:
(A) not less than two percent (2%) each school year until the
average attendance rate is eighty-five percent (85%); and
(B) one percent (1%) each school year until the average
attendance rate is ninety percent (90%).
(2) A successful completion rate of the assessment program by
meeting essential standards under the ISTEP program (IC
20-32-5) or a locally adopted assessment program established
under section 6(7) of this chapter that increases:
(A) not less than two percent (2%) each school year until the
successful completion rate is not less than eighty-five
percent (85%); and
(B) one percent (1%) each school year until the successful
completion rate is not less than ninety percent (90%);
of the students in the designated grade levels under the ISTEP
assessment program (IC 20-32-5) or the locally adopted
assessment program that are grades contained in the freeway
school corporation or freeway school.
(3) Beginning with the class of students who expect to graduate
four (4) years after a freeway school corporation or a freeway
school that is a high school obtains freeway status, a graduation
rate as determined under 511 IAC 6.1-1-2(k) that increases:
(A) not less than two percent (2%) each school year until the
graduation rate is not less than eighty-five percent (85%);
and
(B) one percent (1%) each school year until the graduation
rate is ninety percent (90%).
After a freeway school corporation or a freeway school has achieved
the minimum rates required under subdivisions (1) through (3), the
freeway school corporation or freeway school must either maintain
the minimum required rates or show continued improvement of those
rates. As added by P.L.1-2005, SEC.10.
IC 20-26-15-8 Mandatory contract provisions and plans; additional educational
benefits allowed under contract
Sec. 8. (a) The contract must contain the following provisions:
(1) A list of the statutes and rules that are suspended from
operation in a freeway school corporation or freeway school, as
listed in section 5 of this chapter.
(2) A description of the privileges of a freeway school
corporation or freeway school, as listed in section 6 of this
chapter.
(3) A description of the educational benefits listed in section 7
of this chapter that a freeway school corporation or freeway
school agrees to:
(A) achieve by the end of five (5) complete school years
after the contract is signed; and
(B) maintain at the end of:
(i) the sixth; and
(ii) any subsequent;
complete school year after the contract is signed.
(4) A plan and a schedule for the freeway school corporation or
freeway school to achieve the educational benefits listed in
section 7 of this chapter by the end of five (5) complete school
years after the contract is signed. The schedule must show some
percentage of improvement by the end of the second, third, and
fourth complete school years after the contract is signed.
(5) A school by school strategy, including curriculum, in which
character education is demonstrated to be a priority. The
strategy required under this subdivision must include the
following subjects as integral parts of each school's character
education:
(A) Hygiene.
(B) Alcohol and drugs.
(C) Diseases transmitted sexually or through drug use,
including AIDS.
(D) Honesty.
(E) Respect.
(F) Abstinence and restraint.
(6) A plan under which the freeway school corporation or
freeway school will offer courses that will allow a student to
become eligible to receive an academic honors diploma.
(7) A plan under which the freeway school corporation or
freeway school will maintain a safe and disciplined learning
environment for students and teachers.
(b) In the contract:
(1) the quantitative measures of benefits may be higher, but not
lower, than the minimum educational benefits listed in section
7 of this chapter; and
(2) educational benefits may be included in addition to the
minimum educational benefits listed in section 7 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-15-9 Contract amendment
Sec. 9. The governing body of a freeway school corporation and
the state board acting jointly may amend a contract entered into
under this chapter:
(1) to comply with any law enacted subsequent to the formation
of the contract;
(2) to alter the educational benefits to a level that is not below
the minimum educational benefits listed in section 7 of this
chapter; or
(3) for a purpose jointly agreed to by the parties. As added by P.L.1-2005, SEC.10.
IC 20-26-15-10 Annual evaluation of contract compliance
Sec. 10. On July 1 of each year, the state board shall determine
whether a freeway school corporation or freeway school that has
completed:
(1) a second, third, or fourth complete school year under a
contract entered under this chapter has achieved the scheduled
improvement in educational benefits that the freeway school
corporation or freeway school has agreed to achieve;
(2) a fifth complete school year under a contract entered under
this chapter has achieved the educational benefits that the
freeway school corporation or freeway school has agreed to
achieve; or
(3) more than five (5) full school years under a contract entered
under this chapter has maintained the educational benefits that
the freeway school corporation or freeway school has agreed to
maintain. As added by P.L.1-2005, SEC.10.
IC 20-26-15-11 Failure to achieve minimum educational benefits standards during
contract years one through five
Sec. 11. (a) A school corporation that enters into a contract under
this chapter to:
(1) be a freeway school corporation; or
(2) operate a freeway school;
must achieve the educational benefits that the school corporation
agrees in the contract to achieve.
(b) If a school corporation that enters into a contract under this
chapter to be a freeway school corporation or to operate a freeway
school fails to achieve any of the educational benefits agreed upon
in the contract at the end of a school year:
(1) the state board shall review the school corporation's plan
and schedule for achieving the educational benefits, and, if
necessary, modify the plan; and
(2) the year in which the educational benefits are not achieved
is not included in the five (5) year contract period.
(c) A contract is void and a school corporation ceases immediately
to be a freeway school corporation or to be eligible to operate a
freeway school if:
(1) the school corporation or school has previously undergone
a plan and schedule review under subsection (b); and
(2) the state board determines that the school corporation or
school failed to achieve the following that the school
corporation agreed to achieve in the contract:
(A) at the end of the second, third, or fourth complete school
year after a contract is signed under this chapter, two (2) of
the three (3) scheduled improvements in educational benefits
that are listed in section 7 of this chapter; or
(B) at the end of the fifth complete school year after a
contract is signed under this chapter, the educational benefits
stated in the contract. As added by P.L.1-2005, SEC.10.
IC 20-26-15-12 Failure to achieve minimum educational benefits standards during
and after contract year six
Sec. 12. (a) A school corporation that enters into a contract under
this chapter to be a freeway school corporation or to operate a
freeway school must maintain the educational benefits that the
school corporation agrees to achieve in the contract.
(b) If the state board determines that a freeway school corporation
or freeway school has failed to maintain the educational benefits
described in subsection (a) for two (2) consecutive or nonconsecutive
school years beginning with the end of the sixth school year after a
contract is signed under this chapter:
(1) the contract is void; and
(2) the school corporation ceases to be:
(A) a freeway school corporation; or
(B) eligible to operate a freeway school;
on July 1 following the second school year in which the freeway
school corporation or freeway school failed to maintain the required
educational benefits. As added by P.L.1-2005, SEC.10.
IC 20-26-15-13 Nonpublic school designated as freeway school; contract approval;
accreditation
Sec. 13. (a) A nonpublic school may enter into a contract with the
state board to become a freeway school.
(b) The state board and the governing body of a nonpublic school
must enter into a contract that complies with this chapter to designate
the nonpublic school as a freeway school if the nonpublic school:
(1) petitions the state board for designation as a freeway school;
and
(2) agrees to comply with this chapter.
(c) A nonpublic school becomes a freeway school when the
contract is signed by:
(1) the state superintendent, acting for the state board after a
majority of the members of the board have voted in a public
session to enter into the contract; and
(2) the president of the governing body of the nonpublic school,
acting for the governing body of the nonpublic school after a
majority of the members of the governing body have voted to
enter into the contract.
(d) The state board shall accredit a nonpublic school that:
(1) becomes a freeway school under this chapter; and
(2) complies with the terms of the contract. As added by P.L.1-2005, SEC.10.
IC 20-26-15-14 Legality of actions taken following cessation of freeway school or
freeway school corporation
Sec. 14. (a) This section applies to:
(1) a school corporation that has ceased to be a freeway school
corporation; and
(2) a school that has ceased to be a freeway school.
(b) If an action taken by a school corporation or school described
in subsection (a) while a contract was in effect was legal at the time
the action was taken because of the waiver of a statute or rule in the
contract, the action remains legal after the contract becomes void.
(c) An action taken by a school corporation or school described
in subsection (a) after the date on which a contract becomes void
must be in compliance with existing statutes and rules. As added by P.L.1-2005, SEC.10.
