Indiana's 2018 legislative session

A plan to expand state takeover in Gary and Muncie died, but 13 other education bills survived the 2018 session

PHOTO: Shaina Cavazos
House Speaker Brian Bosma talks with Democrats shortly before the session adjourned without passing several bills.

The Indiana legislature missed its best shot at passing a major education bill this session when lawmakers adjourned without taking a vote on legislation that would expand state takeover measures in two financially troubled Indiana school districts.

The clock literally ran out on the 2018 session early Thursday morning before either chamber held a final vote on the controversial proposal, House Bill 1315.

Democrats cheered the defeat of the measure at the end of a session they derided as a “disappointing dud,” and even Republicans acknowledged that the list of legislative priorities this year were “pretty slim.”

Democratic lawmakers from Gary and Muncie, two public school districts the state took over in an unprecedented move last year, vehemently opposed the bill, which would have stripped power from the Gary school board and handed control of Muncie over to Ball State University. Minority Leader Terry Goodin, from Austin, said he’s not confident the bill would have passed in its final form.

The takeover bill would also have put in place a new system to help the state identify schools that could be on the way toward significant financial problems.

“It’s unfortunate, but the republic will survive,” said House Speaker Brian Bosma. “If there was one bill the minority (party) really objected to, it was the Muncie/Gary school bill … We’ll have another year to think about it.”

It can be difficult during a non-budget year to make significant change because money is generally not available to fund new programs or increase existing ones. But even in the 2016 “short session,” bills passed to repeal the state ISTEP test and create innovation network schools that allow districts to take advantage of charter-like partnerships.

The biggest education issue lawmakers passed was a bill to make up an unexpected shortfall in school funding.

Several of the more pressing education bills that lawmakers approved this session were reactive — combining the state’s four high school diplomas into one, for example, in response to new federal education laws that would have ceased to count general diploma students as graduates. They also voted to change the state high school test to a college entrance exam in response to recommendations from the state “graduation pathways” committee that created new graduation requirements.

Other bills resulted in small steps forward on recurring issues that have come before lawmakers multiple times, such as a bill to require screening and services for students who might have dyslexia and another bill that, once a controversial provision that would let districts hire more unlicensed teachers was removed, adds in more categories of teachers who can receive stipends, a list that has been growing slowly for years.

Below is a summary of education bills that passed this session, which next head to Gov. Eric Holcomb, where he can decide whether to sign them into law. You can find the status of all the bills introduced this year here, and Chalkbeat’s 2018 legislative coverage here.

Graduation and workforce

Senate Bill 50 establishes the governor’s workforce cabinet, which would oversee job training efforts across the state. The cabinet would create a “career navigation and coaching system,” which all Indiana high schools would be required to participate in. State Superintendent Jennifer McCormick would be a cabinet member.

House Bill 1426 would combine Indiana’s four diplomas into a single diploma with four “designations” that mirror current diploma tracks. In addition, it would change rules for getting a graduation waiver and create an “alternate diploma” for students with severe special needs.The bill would also allow the Indiana State Board of Education to consider alternatives to Algebra 2 as a graduation requirement. It makes several changes to state tests, replacing the state high school exam with a national college-entrance exam and eliminating the requirement that schools give the Accuplacer remediation test. The final version of the bill also changes the timing of testing from earlier version. Students wouldn’t begin the new graduation pathways plan until 2021, so the same deadline was applied to switching to a college entrance exam for state accountability. Until then, state education officials will have to decide what annual test high schoolers take when students in grades 3-8 switch to the new ILEARN test next year.

Finance

House Bill 1001 would close the gap in school funding that resulted from miscalculations in the number of students attending public schools. The bills would let the state transfer up to $25 million this year and up to $75 million next year from a reserve fund to the state general fund, where it could then be distributed to districts. The bill also calls for a study of virtual education programs within school districts.

Instruction

Senate Bill 172 would require public schools to offer computer science classes as an elective in high schools, as well as a part of the science curriculum for all K-12 students, by 2021. The bill also sets up a grant program to help pay for teacher training in computer science.

Senate Bill 297 would require schools to include “employability skills,” also known as “soft skills,” in their curriculums. The idea for the bill came from David Freitas, a member of the state board of education.

Senate Bill 65 would require school districts to let parents examine any instructional materials dealing with sex education. It would also require schools to send out consent forms for sex ed classes, where parents could then opt students out of the class. If they do not, the students would still receive instruction.

House Bill 1399 would require the state board to create elementary teacher licenses in math and science. It would also require the state education department to create an incentive program to reward teachers who earn the content area licenses.

Senate Bill 387 would allow districts to pay teachers different amounts and give special education and science teachers extra stipends in an effort to fill jobs. A previous measure that would let districts hire up to 10 percent of unlicensed teachers has been added and removed several times this year, and was killed for good in conference committee. The bill also makes changes to the state’s career specialist permit. Career specialists would have to pass an exam showing they understand how students learn and the practice of teaching, in addition to content exams. The bill also removes a provision from the current version of the permit that says a career specialist must have a bachelor’s degree in the area they wish to teach in.

Miscellaneous

House Bill 1420, among several other measures, would not let a student who has been expelled from a virtual charter school for non-attendance re-enroll in that same school during the same school year.

House Bill 1421 would ask the state education department to develop a school discipline model that reduces suspensions and expulsions, especially among students of color. It also requires the department to provide guidance and information to districts, beginning in 2019, that want to use that model. It encourages the legislative council to study positive student discipline and restorative justice and asks the education department to survey districts on those practices.

House Bill 1398 would allow a group of charter schools and districts to form a “coalition” to pursue innovative academic strategies. Coalition members could also waive certain state requirements, such as the requirement that students pass Algebra 2 to graduate.

Senate Bill 217 would require districts and charter schools to screen students for dyslexia and by 2019, to employ at least one reading specialist trained in dyslexia, among other provisions.

House Bill 1314 would set up data sharing between the state’s education and child services departments. It would also require that the Indiana State Board of Education release an annual report about foster and homeless youth education.

Indiana's 2018 legislative session

Here’s what the Gary and Muncie takeover bill could mean for other Indiana districts

PHOTO: Shaina Cavazos
Rep. Tim Brown, the author of House Bill 1315, makes his closing remarks.

Disregarding opposition from teachers and local leaders, Indiana lawmakers overwhelmingly voted Monday to strip power from the Gary and Muncie school boards, potentially eliminate the Muncie teachers union and place the district under outside control — and exempt it from required annual performance reports.

The groundbreaking bill delivers control of Muncie public schools to Ball State University, which has never run a public school district (although it currently operates two schools in the area), and frees Muncie from state performance reports imposed on other school districts.

During Monday’s special legislative session to wrap up unfinished work, a far-reaching district takeover bill easily passed — 63-30 in the House and 34-14 in the Senate — with dissent primarily from Democrats. The bill next heads to Gov. Eric Holcomb, who is likely to sign it.

Opponents said the bill infringes on residents’ control and stifles public input.

“Teachers in Muncie are despondent,” said Pat Kennedy, Muncie’s teachers union president. “Ball State keeps talking about partnership, but in a partnership both parties have meaningful impact, and this bill does not allow for that.”

Fortifying unprecedented legislation last year that enabled the state to intervene in Gary and Muncie, this year’s House Bill 1315 would put the Muncie district under the control of Ball State University, further empower Gary’s emergency manager, and effectively turn both districts’ elected boards of education into figureheads.

Read: Race can’t be ignored in takeover of Gary and Muncie schools, civic leaders say

For Indiana, district takeovers are uncharted territory, even though other states have seized such power with mixed results. Although the bill specifies the Gary and Muncie school districts, it alters state education policy in ways that could affect the rest of the state.

Rep. Tim Brown, a Republican from Crawfordsville and the bill’s author, said the bill gives troubled districts more opportunities to turn themselves around sooner.

“To say we’re going to do it the same way is just banging out head against the wall,” Brown said. “We have to change as we go forward because the times demand we change.”

Here are four key takeaways:

A-F grades for Muncie schools may disappear, a departure from Indiana’s history pushing school accountability

In an effort to encourage “innovative strategies,” the bill would free Ball State from reporting Muncie schools’ performance via the annual A-F grades measuring school and district improvement.

The provision represents a big step back from the version of  high-stakes school accountability touted by Republicans. Former Gov. Mike Pence often said that if students can be graded every day, schools can be graded every year.

Participation in state ratings would be optional for Ball State. State grades can come with serious consequences if schools reach four years of Fs, including closure or takeover.

School and district leaders have told policymakers and lawmakers frequently that letter grades don’t tell the whole story of their students — even state Superintendent Jennifer McCormick has echoed those sentiments.

Although some very small schools escape state ratings, Muncie would become the only district exempt from state grading, Indiana Department of Education’s spokesman Adam Baker said.

Because Ball State wouldn’t take control until later this summer, Muncie will still receive a letter grade for the current school year.

However, the district will still be subject to  federal law, which requires releasing a rating based on test scores, graduation rates, and other student and school achievement data. That measure will be calculated on a 100-point scale similar to the state’s A-F grades.

District finances will receive higher scrutiny, but much of that will be in private.

House Bill 1315 also creates a way for the state to intervene in districts experiencing financial hardship.

If a district meets certain financial criteria — which could be based on enrollment, cash balances, deficits or financial trends — the state’s Distressed Unit Appeal Board could require it to follow a “corrective action plan.” Failure to follow that plan or to make enough improvements could land the district on a financial watchlist.

That would be much earlier and more intensive financial intervention than is currently spelled out for schools.

Yet all deliberations about the action plan would be in secret, unless the district were placed on a watchlist. That means families and even teachers might not know about district-state finance plans.

Lawmakers defended the secrecy as a way to reassure district officials and prevent families from fleeing because of potential financial trouble.

“The concerns from school officials were they didn’t want flight just because they were asking for some help,” Brown said. “This bill allows some process for a gradual assistance … It won’t be a cliff.”

But some open-government advocates have called it a dangerous move that excludes the public from important discussions in communities.

The bill “robs the public of the ability to push their school boards to accept the help” of state officials and doesn’t give people the chance to speak out about difficult decisions facing their schools, said Steve Key, executive director and general counsel for the Hoosier State Press Association. “All of that is being done behind closed doors.”

Muncie stands to lose some stigma around takeover, but also potentially its union.

With Ball State taking control, Muncie would no longer be designated a “distressed” district. That might  lend credibility to the district, which has seen years of financial mismanagement.

But the move also could destroy the district’s teachers union. Ball State will get to decide whether Muncie teachers may retain their exclusive representative. So far, said Muncie teachers union President Pat Kennedy, it’s not clear what the answer will be, nor how the process for negotiating future teachers contracts would work.

Kennedy said teachers in Muncie feel like they’ve lost their voices in the process, and some see the change as punishment for the poor decision-making of previous administrators.

“This isn’t about the quality of Ball State as an institution,” Kennedy said. “What is the real value of this bill other than to take away teacher rights?”

Gary leaders worry about losing local control and input.

Gary public schools will continue to be run by its emergency manager, Peggy Hinckley, a former interim superintendent in Indianapolis Public Schools. Lawmakers from the area said that Hinckley, who has been on the job about a year, is helping get the district back on track.

Sen. Eddie Melton, a Democrat from Northwest Indiana, and others on Monday said that House Bill 1315 adds upheaval to an already difficult process that hasn’t had time to do what lawmakers created it to do. It also wasn’t urgent enough to quickly move ahead in a one-day special session, he said.

“This bill is not an emergency, and it does not contribute to building up the overall educational quality in Gary,” Melton said.

The bill demotes Gary’s elected school board to an advisory board that only can meet up to four times a year, and Hinckley is no longer required to consult with its members.

Indiana Democrats also said the bill could be a harbinger of future takeovers, and that other legislators should be sensitive to that before they vote for dramatic changes to others’ communities.

“Yes, it’s Gary today,” said Rep. Charlie Brown, a Democrat from the area. “But it could be you tomorrow.”

 

Indiana's 2018 legislative session

Race can’t be ignored in takeover of Gary and Muncie schools, civic leaders say

PHOTO: Shaina Cavazos
Sen. Karen Tallian, a Democrat, addresses parents and students from Gary about House Bill 1315 during the regular session in March.

As lawmakers prepare to extend control over two public school districts, some civic leaders are questioning the disparate treatment of Gary, a majority-black district, and Muncie, a predominantly white one.

A House bill is expected to speed through Indiana’s special legislative session on Monday, having received support from Republicans, who make up supermajorities in both chambers. Under the bill, Gary would remain under the control of an emergency manager, while Muncie will overseen by Ball State University and be eligible for loans. Muncie’s elected school board will be replaced by an appointed one, and Gary’s board will be demoted to an advisory body.

Dwight Gardner, a pastor from Trinity Baptist Church in Gary, said the different treatment sets up a double standard that awards Muncie opportunities denied Gary. Gardner was one of several Gary residents who traveled to Indianapolis earlier this week to give testimony to the legislative council, a group of legislative leaders who met to make recommendations about the bills for the special session.

“Legislation adopted for ‘these people’ in ‘that place’ is how Jim Crow became law of the land,” Gardner said. He also took issue with Gary losing its elected board. “The right to vote to select your own representation is a right of what we call freedom.”

Republican legislative leaders pointed out that there are major differences between the financial situations in Gary and Muncie. That, they said, is the reason for the differences in plans for the two districts. Gary’s financial situation is more severe and longstanding, and its facilities are in worse condition than in Muncie.

“Their circumstances are not exactly the same,” said House Speaker Brian Bosma. “Each one requires different assistance.”

Last year, both districts were taken over by the state following reports of financial mismanagement and requests for help from Gary officials. It was the first time Indiana took control of entire districts, rather than individual schools.

Under House Bill 1315, Muncie would also be able to ask for an interest-free state loan and have its elected school board turn into an appointed board created by Ball State University trustees. It would also be freed from some state requirements about teacher training, and Ball State could decide whether to let teachers keep their union. The Muncie provisions could help the district shed some of the stigma around state takeover, although critics and Democrats from Muncie still believe the plan is too aggressive and takes away too much local power.

Gary would continue to be run by its emergency manager, who would no longer have to consult with the mayor and school board, as has been required until now. The school board would also be demoted to an advisory board that could meet publicly no more than four times per year.

During the recent legislative council hearing, much emphasis was placed on helping Muncie get to a point where it could recruit back its 1,600 students lost to other schools. No such opportunity was discussed in regards to Gary.

That wasn’t lost on Gary Mayor Karen Freeman-Wilson, who said that she thinks “wholeheartedly” that race is a factor in the debate over this bill.

“I just found that extremely offensive,” she said. “We have 5,000 kids who don’t go to school in the Gary schools. Are you saying that it’s OK to have charter schools in Gary, but not in Muncie?”

Freeman-Wilson, who took office in 2012, said she isn’t surprised race hasn’t come up, but she thinks frank, straightforward discussions about how it intertwines with policy would be helpful.

“I rarely talk about race because I know that when you do, it immediately turns people off,” Freeman-Wilson said.

In Gary, 93 percent of the district’s 5,228 students are black, 3.1 percent are multiracial, 2.8 percent are Hispanic, and 1 percent are white. In contrast, Muncie, a district with 5,215 students, 60.5 percent are white, 21.2 percent are black, 12.4 percent are multiracial, and 4.6 percent are Hispanic.

Gary Public Schools has struggled for years with declining enrollment, financial mismanagement, and a staggering debt that has grown to more than $100 million. Last year, more than 60 percent of students living in Gary went to schools outside the district, representing potentially tens of millions of dollars in lost state revenue.

Muncie, too, has struggled to keep budgets balanced as students have left the district. The mismanagement of a recent bond issue, where money was improperly spent, alerted lawmakers to Muncie’s problems.

The legislative council recommended that the bill move ahead. It will be one of five included in Monday’s special session. Gov. Eric Holcomb called on lawmakers to reconvene because they were unable to finish their work — including a decision on House Bill 1315 — during the regular session, which adjourned in March. Democrats have lambasted the move as a waste of taxpayer dollars, and they’ve remained opposed to the bill.

Sen. Eddie Melton, a Democrat who represents Gary, said this isn’t the first instance where he’s felt that Gary hasn’t seen the state support and consideration other cities have been afforded. However, he and Freeman-Wilson both acknowledged that the city is partially responsible for its current economic problems, along with having to deal with the outfall from the subprime lending crisis and the loss of major industries and jobs.

“I’ve seen no city or community in the state of Indiana that has experienced the economic devastation that Gary has experienced,” Melton said. “It seems like there’s always an exception when it comes to how we deal with Northwest Indiana, Lake County, and Gary in particular. We’re Hoosiers, too.”