Indiana State Board of EducationStatutory Roles and Responsibilities

Michelle Gough McKeown, J.D., Ph.D.General Counsel, SBOE

General Information

Intended as a high-level review Not exhaustive Areas discussed do not constitute a normative

judgment on which statutory responsibilities are most “important”

Distinct lists of statutory responsibilities for SBOE, IDOE, and SPI

Comprehensive lists of statutory responsibility available hardcopy and may also be emailed

Statutory Responsibilities

General duties per 20-19-2-14The state board shall do the following:

(1) Establish the educational goals of the state, developing standards and objectives for local school corporations.

(2) Assess the attainment of the established goals.(3) Assure compliance with established standards and objectives.(4) Coordinate with the commission for higher education (IC 21-18-1)

and the department of workforce development (IC 22-4.1-2) to develop entrepreneurship education programs for elementary and secondary education, higher education, and individuals in the work force.

(5) Make recommendations to the governor and general assembly concerning the educational needs of the state, including financial needs.

(6) Provide for reviews to ensure the validity and reliability of the ISTEP program.

Statutory Responsibilities

Operations Compulsory attendance

Accountability Curriculum-related

Accreditation Education Service Centers

Average Daily Membership (“ADM”) Freeway schools

Advanced Placement courses Health and safety

Operations Innovative Programs Projects

Career and Technical Education ISTEP/Assessment

Charter school sponsors Post-secondary Enrollment Programs

Standards Primetime

Common School Fund Reading Plan

Statutory Responsibilities

Remediation Teacher Evaluation

School Construction Teacher licensure

Schools’ Continuous Improvement and Achievement Plan

Teacher Quality and Professional Improvement Program

School Corporation Allocation of Resources to Student Learning

Veterans memorial school construction fund

School Disaster Loan Fund Miscellaneous

School Reorganization Hearings (legal settlement, right to attend, transfer tuition, etc)

Secondary level certificate of achievement

Summer School

Special Education

Statutory Responsibilities

Some responsibilities designated under the statutes require the SBOE to adopt administrative rules

Rulemaking authority falls under Title 511 of the Indiana Administrative Code

The Rulemaking authority for the Indiana Department of Education falls under Title 512

Statutorily-granted Rulemaking Responsibility

Teacher Licensure Alternative Education Accountability Turnaround Academies Standards for students personnel and guidance

standards Criteria upon which the IDOE may make arts

education grants Assessment Accreditation

Non-rulemaking statutory responsibility

AssessmentAssessment IC 20-32-5-4

SBOE The state board shall(1) authorize the development and implementation of the ISTEPProgram”(2) determine the date on which the statewide testing isadministered in each school corporation.

SPI The state superintendent is responsible for the overalldevelopment, implementation, and monitoring of the ISTEP program.

IDOE (c) The department shall prepare detailed design specifications forthe ISTEP program that must do the following:(1) Take into account the academic standards adopted underIC 20-31-3.(2) Include testing of students' higher level cognitive thinkingin each subject area tested.

Non-rulemaking statutory responsibility

StandardsSBOE IDOE SPI

20-31-1-1 “The state board shall adopt clear, concise, and jargon free state academic standards that are comparable to national and international academic standards. These academic standards must be adopted for each grade level from kindergarten through grade 12 forthe following subjects….”

20-19-2-14.5 “Before July 1, 2014, the state board shall adopt college andcareer readiness educational standards. The educational standards must meet national and international benchmarks for college andcareer readiness standards and be aligned with postsecondaryeducational expectations…”

20-31-1-2.“The department shall develop academic standards for thefollowing subject areas for each grade level from kindergartenthrough grade 12…”

20-31-1-3 “The department shall revise and update academicStandards”

20-31-1-4 “The state superintendent shall appoint an academicstandards committee composed of subject area teachers and parentsduring the period when a subject area is undergoing revision.”

Standards

Non-rulemaking statutory responsibility

School Accountability & Assessment(accompanying rulemaking responsibility)

IC 20-31-8-1ISTEP scores and other assessmentsSec. 1. (a) The performance of a school's students on the ISTEPprogram test and other assessments recommended by the educationroundtable and approved by the state board are the primary andmajority means of assessing a school's improvement.(b) The education roundtable shall examine and makerecommendations to the state board concerning:(1) performance indicators to be used as a secondary means ofdetermining school progress;(2) expected progress levels, continuous improvementmeasures, distributional performance levels, and absoluteperformance levels for schools; and(3) an orderly transition from the performance basedaccreditation system to the assessment system set forth in thisarticle…

Non-rulemaking statutory responsibility

Accountability: School Support and Intervention (also accompanying rulemaking)

Ind. Code

Year(s) of lowest category

designation The State Board of Education (“SBOE”) shall:

IC 20-31-9-2 1 - Place the school and the corporation on notice - This is accomplished through the public distribution of grades

IC 20-31-9-3 4 - Establish/assign expert team; the team must include representatives from the area that the school serves

- The team shall assist in revising the school’s school improvement plan; recommend changes to the school; and provide technical assistance to the school.

IC 20-31-9-4 6 - Hold a public hearing in the school corporation to hear public testimony about the following options: merger, assignment of a special management team, recommendations for improvement, other options (including closure), revision of the school plan

- If SBOE determine that one of the above options will improve the school, it must intervene

- Unless the intervention is closure or merger, the school becomes a turnaround academy

Non-rulemaking statutory responsibilityCharter Authorizer AccountabilityIC 20-24-2.2-2: Minimum standards for charter renewal

Sec. 2. The minimum standards for renewal and the standards to avoid closure imposed by authorizers on the charter school in the charter school agreement must include a requirement that the charter school not remain in the lowest category or designation of school improvement, including any alternative accountability category or designation, in the third year after initial placement in the lowest category…

IC 20-24-2.2-3: HearingSec. 3. (a) After giving at least thirty (30) days notice, the state board may require an authorizer to

appear at a hearing conducted by the state board if the authorizer has renewed the charter of or failed to close a charter school that does not meet the minimum standards …

(b) After the hearing, the state board may implement one (1) or more of the following actions unless the state board finds sufficient justification for the charter school's performance under the state school accountability system:

(1) Transfer the authorization of the charter school identified in subsection (a) to another authorizer.(2) Order the closure of the charter school identified in subsection (a) at the end of the current school

year.(3) Order the reduction of any administrative fee collected under IC 20-24-7-4 that is applicable to

the charter school identified in subsection (a). The reduction must become effective at the beginning of the month following the month of the authorizer's hearing before the state board.

A charter school that is closed by the state board under this section may not be granted a charter by any other authorizer.

(c) In determining whether to impose consequences under subsection (b), the state board must consider the following:

(1) Enrollment of students with special challenges such as drug or alcohol addiction, prior withdrawal from school, prior incarceration, or other special circumstances.

(2) High mobility of the student population resulting from the specific purpose of the charter school.(3) Annual improvement in the performance of students enrolled in the charter school, as measured

by IC 20-31-8-1, compared with the performance of students enrolled in the charter school in the immediately preceding school year.