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Indiana State Board of Education
Statutory 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 20-19-2-14
The 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
Assessment

Assessment

IC 20-32-5-4

SBOE

The state board shall
(1) authorize the development and implementation of the ISTEP
Program”
(2) determine the date on which the statewide testing is
administered in each school corporation.

SPI

The state superintendent is responsible for the overall
development, implementation, and monitoring of the ISTEP program.

IDOE

(c) The department shall prepare detailed design specifications for
the ISTEP program that must do the following:
(1) Take into account the academic standards adopted under
IC 20-31-3.
(2) Include testing of students' higher level cognitive thinking
in each subject area tested.
Non-rulemaking statutory responsibility
Standards
SBOE

Standards board shall
20-31-1-1 “The state

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

IDOE

SPI

20-31-1-2.“The department shall
develop academic standards for
the
following subject areas for each
grade level from kindergarten
through grade 12…”

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

20-31-1-3 “The department shall
revise and update academic
Standards”
Non-rulemaking statutory responsibility
School Accountability & Assessment(accompanying rulemaking responsibility)
IC 20-31-8-1
ISTEP scores and other assessments
Sec. 1. (a) The performance of a school's students on the ISTEP
program test and other assessments recommended by the education
roundtable and approved by the state board are the primary and
majority means of assessing a school's improvement.
(b) The education roundtable shall examine and make
recommendations to the state board concerning:
(1) performance indicators to be used as a secondary means of
determining school progress;
(2) expected progress levels, continuous improvement
measures, distributional performance levels, and absolute
performance levels for schools; and
(3) an orderly transition from the performance based
accreditation system to the assessment system set forth in this
article…
Non-rulemaking statutory responsibility
Accountability: School Support and Intervention (also accompanying rulemaking)

Ind. Code

Year(s) of
lowest category
designation

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.
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

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

-

IC 20-31-9-4

6

-

-
Non-rulemaking statutory responsibility
Charter Authorizer Accountability

IC 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: Hearing
Sec. 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.

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04 sboe duties presentation 12 4 [autosaved]

  • 1. Indiana State Board of Education Statutory Roles and Responsibilities Michelle Gough McKeown, J.D., Ph.D. General Counsel, SBOE
  • 2. 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
  • 3. Statutory Responsibilities General duties per 20-19-2-14 The 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.
  • 4. 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
  • 5. 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
  • 6. 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
  • 7. 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
  • 8. Non-rulemaking statutory responsibility Assessment Assessment IC 20-32-5-4 SBOE The state board shall (1) authorize the development and implementation of the ISTEP Program” (2) determine the date on which the statewide testing is administered in each school corporation. SPI The state superintendent is responsible for the overall development, implementation, and monitoring of the ISTEP program. IDOE (c) The department shall prepare detailed design specifications for the ISTEP program that must do the following: (1) Take into account the academic standards adopted under IC 20-31-3. (2) Include testing of students' higher level cognitive thinking in each subject area tested.
  • 9. Non-rulemaking statutory responsibility Standards SBOE Standards board shall 20-31-1-1 “The state 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 for the following subjects….” 20-19-2-14.5 “Before July 1, 2014, the state board shall adopt college and career readiness educational standards. The educational standards must meet national and international benchmarks for college and career readiness standards and be aligned with postsecondary educational expectations…” IDOE SPI 20-31-1-2.“The department shall develop academic standards for the following subject areas for each grade level from kindergarten through grade 12…” 20-31-1-4 “The state superintendent shall appoint an academic standards committee composed of subject area teachers and parents during the period when a subject area is undergoing revision.” 20-31-1-3 “The department shall revise and update academic Standards”
  • 10. Non-rulemaking statutory responsibility School Accountability & Assessment(accompanying rulemaking responsibility) IC 20-31-8-1 ISTEP scores and other assessments Sec. 1. (a) The performance of a school's students on the ISTEP program test and other assessments recommended by the education roundtable and approved by the state board are the primary and majority means of assessing a school's improvement. (b) The education roundtable shall examine and make recommendations to the state board concerning: (1) performance indicators to be used as a secondary means of determining school progress; (2) expected progress levels, continuous improvement measures, distributional performance levels, and absolute performance levels for schools; and (3) an orderly transition from the performance based accreditation system to the assessment system set forth in this article…
  • 11. Non-rulemaking statutory responsibility Accountability: School Support and Intervention (also accompanying rulemaking) Ind. Code Year(s) of lowest category designation 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. 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 The State Board of Education (“SBOE”) shall: - IC 20-31-9-4 6 - -
  • 12. Non-rulemaking statutory responsibility Charter Authorizer Accountability IC 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: Hearing Sec. 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.