AGO 2004-02.

• Case Date: March 24, 2004
• Court: Indiana

Indiana Attorney General Opinions 2004. AGO 2004-02. March 24, 2004OFFICIAL OPINION 2004-2The Honorable Gregory PorterIndiana House of Representatives Third Floor State House Indianapolis, Indiana 46204Re: Indiana Education Roundtable Recommendations to the Indiana State Board of EducationDear Representative Porter: This letter is in response to your request for an opinion regarding the following question: With respect to the authority of the Indiana Education Roundtable ("Roundtable") in recommending passing scores to the Indiana State Board of Education ("Board") under Indiana Code section 20-1-20.5-10, does the Roundtable have statutory authority to fix the passing scores and is the Board's authority limited to approving or disapproving the Roundtable's recommendation? BRIEF ANSWER The legislature has devised a specific statutory scheme allowing experts from the Roundtable to evaluate information and then recommend to the Board the passing scores for ISTEP+. The Board maintains the authority to reject the recommendations, but it would not be in the spirit of the legislature's intent or statutory direction to allow the Board to independently formulate the passing scores outside of the method devised by the legislature. STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 W. WASHINGTON STREET · INDIANAPOLIS, IN 46204-2770 STEVE CARTER ATTORNEY GENERAL TELEPHONE (317) 232-6201 ANALYSIS Under Article 8, section 1 of the Indiana Constitution, the legislature is given the authority to provide for a system of public schools in the state. The legislature maintains the exclusive authority to determine how the public school system of the state should be administered and carried out.1 A board or commission created by the legislature to carry out the administration of the public school system possesses only the authority granted by statute.2 The State Board of Education has no power except that which has been granted to the Board by statute.3 Among the general statutory duties of the State Board of Education, the Board must establish the educational goals of the state by developing standards and objectives for local school corporations, assess the attainment of those goals, and assure compliance with the standards set by the Board.4 Additionally, the legislature has given the Board the...