2023 Indiana Code › Title 20. Education › Article 25.7. Innovation Network Schools › Chapter 5. Participation of Charter School as an Innovation Network School › 20-25.7-5-2-b. Agreement to Establish Participating Innovation Network Charter School; Terms; Appeal to State Board; Limit on Administrative Fee

Note: This version of section amended by P.L.246-2023, SEC.31, effective 7-1-2023. See also preceding version of this section amended by P.L.201-2023, SEC.159, effective 6-29-2023.
Sec. 2. (a) The board may enter into an agreement with an organizer to reconstitute an eligible school as a participating innovation network charter school or to establish a participating innovation network charter school at a location selected by the board within the boundary of the school corporation. Notwithstanding IC 20-26-7.1, a participating innovation network charter school may be established within a vacant school building.
(b) The terms of the agreement entered into between the board and an organizer must specify the following:
(1) A statement that the organizer authorizes the department to include the charter school's performance assessment results under IC 20-31-8 when calculating the school corporation's performance assessment under rules adopted by the state board.
(2) The amount of state funding, including tuition support (if the participating innovation network charter school is treated in the same manner as a school operated by the school corporation under subsection (d)(2)), and money levied as property taxes that will be distributed by the school corporation to the organizer.
(3) The performance goals and accountability metrics agreed upon for the charter school in the charter agreement between the organizer and the authorizer.
(4) For an agreement entered into or renewed after June 30, 2023, the process the board is required to follow in determining whether to renew the agreement.
(c) If an organizer and the board enter into an agreement under subsection (a), the organizer and the board shall notify the department that the agreement has been made under this section within thirty (30) days after the agreement is entered into.
(d) Upon receipt of the notification under subsection (c), for school years starting after the date of the agreement:
(1) the department shall include the participating innovation network charter school's performance assessment results under IC 20-31-8 when calculating the school corporation's performance assessment under rules adopted by the state board;
(2) the department shall treat the participating innovation network charter school in the same manner as a school operated by the school corporation when calculating the total amount of state funding to be distributed to the school corporation unless subsection (e) applies; and
(3) if requested by a participating innovation network charter school that reconstitutes an eligible school, the department may use student growth as the state board's exclusive means to determine the innovation network charter school's category or designation of school improvement under 511 IAC 6.2-10-10 for a period of three (3) years. Beginning with the 2019-2020 school year, the department may not use student growth as the state board's exclusive means to determine an innovation network charter school's category or designation of school improvement. This subdivision expires July 1, 2023.
(e) If a participating innovation network school was established before January 1, 2016, and for the current school year has a complexity index that is greater than the complexity index for the school corporation that the innovation network school has contracted with, the innovation network school shall be treated as a charter school for purposes of determining tuition support. This subsection expires June 30, 2023.
(f) If the board or organizer fails to follow the process described in subsection (b)(4), the board or organizer may appeal to the state board. The state board shall hear the appeal in a public meeting and ensure that the board or organizer follows the renewal process specified in the agreement. The board may not terminate an agreement until the board has provided evidence to the state board that the board has complied with the renewal process specified in the agreement. The state board shall issue a decision on an appeal under this subsection not later than sixty (60) days after the date the board or organizer submitted the appeal to the state board.
(g) If an administrative fee is included in an agreement entered into or renewed after June 30, 2023, under this section, the fee may not exceed one percent (1%) of the total amount of state tuition support that is distributed to the school corporation based on the participating innovation network charter school's student enrollment.
As added by P.L.214-2015, SEC.2. Amended by P.L.179-2016, SEC.6; P.L.217-2017, SEC.99; P.L.250-2017, SEC.25; P.L.86-2018, SEC.174; P.L.269-2019, SEC.5; P.L.270-2019, SEC.6; P.L.108-2019, SEC.212; P.L.156-2020, SEC.75; P.L.165-2021, SEC.153; P.L.246-2023, SEC.31.