Introduced Version
SENATE BILL No. 270
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 2-5-53.5; IC 20-19-3; IC 20-24-7; IC 20-26;
IC 20-28-5.5-1; IC 20-34-8-9; IC 20-35; IC 20-40-3-5; IC 20-46-1;
IC 21-18-6-8.
Synopsis: Various education matters. Establishes the educational
improvement task force to study the following: (1) Solutions to
improve consistently academically failing schools. (2) Ways to address
the lack of parental involvement. (3) Chronic absenteeism. Requires
the department of education (department) to: (1) study or contract with
a third party to study; and (2) submit a report regarding; the feasibility
of a community bus system serving two or more public schools located
in the same metropolitan area to transport each student to the school of
the student's choice. Requires the department to study: (1) creating a
clearinghouse for each region of Indiana; and (2) selecting a single
nonprofit organization to design, operate, and maintain all the regional
clearinghouses. Provides that an organizer that operates more than one
charter school may: (1) file a single school financial report; and (2) file
a single form for any state or federal funding program; for all the
charter schools operated by the organizer. Establishes limitations
regarding the lease of school property. Amends the enrollment
threshold regarding when a school building is considered underutilized.
Makes changes regarding requiring (instead of allowing) a school
building to be closed or made available for lease or purchase. Provides
that school corporations that meet certain requirements regarding
sharing operating referendum tax levy and school safety referendum
tax levy revenue are not subject to the transfer of vacant school
(Continued next page)
Effective: Upon passage; May 4, 2023 (retroactive); May 10, 2024;
July 1, 2024.
Rogers
January 16, 2024, read first time and referred to Committee on Education and Career
Development.
2024 IN 270—LS 6975/DI 110 Digest Continued
building provisions. Exempts school corporations that have had a
designation as a distressed political subdivision within the previous
three years from the transfer of vacant school building provisions.
Establishes additional requirements regarding notice, determinations,
and appeals under the transfer of vacant school building provisions.
Amends requirements with regard to: (1) bringing a civil action to
enforce a final order to make a covered school building available for
purchase or lease; (2) the time frame for which a school building must
be used; and (3) transferring a school building back to a school
corporation. Provides that, if a school corporation transfers a covered
school building in violation of the transfer of vacant school building
provisions, the transfer is void and allows for a court action with the
award of attorney's fees. Provides that the requirement to provide
curricular materials at no cost does not prohibit assessing and
collecting a fee for supplies and materials. Provides that the office of
administrative law proceedings has jurisdiction over hearing officers
authorized to conduct hearings required by the Individuals with
Disabilities Education Act (IDEA). Specifies that training in the
recognition of the signs and symptoms of seizures must be provided to
certain school personnel. Provides that all school corporations who
adopt a resolution for an operating referendum tax levy after May 10,
2024, must share revenue received from the levy with certain charter
schools (instead of requiring only school corporations located in Lake
County, Marion County, St. Joseph County, and Vanderburgh County).
Requires the commission for higher education to: (1) study and make
recommendations; and (2) submit a report; regarding allowing Ivy Tech
Community College to award bachelor's degrees and Vincennes
University to offer additional programs that lead to a bachelor's degree.
Makes conforming changes.
2024 IN 270—LS 6975/DI 1102024 IN 270—LS 6975/DI 110 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 270
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-53.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]:
4 Chapter 53.5. Educational Improvement Task Force
5 Sec. 1. As used in this chapter, "task force" refers to the
6 educational improvement task force established by section 2 of this
7 chapter.
8 Sec. 2. The educational improvement task force is established as
9 a temporary task force to serve the general assembly.
10 Sec. 3. The task force consists of the following seven (7)
11 members, who serve as voting members:
12 (1) Three (3) members of the senate, appointed as follows:
13 (A) Two (2) members appointed by the president pro
14 tempore of the senate, one (1) of whom shall serve as
15 co-chair of the task force.
2024 IN 270—LS 6975/DI 110 2
1 (B) One (1) member appointed by the minority leader of
2 the senate.
3 (2) Three (3) members of the house of representatives,
4 appointed as follows:
5 (A) Two (2) members appointed by the speaker of the
6 house of representatives, one (1) of whom shall serve as
7 co-chair of the task force.
8 (B) One (1) member appointed by the minority leader of
9 the house of representatives.
10 (3) The secretary of education or the secretary's designee.
11 Sec. 4. (a) A member serves at the will of the member's
12 appointing authority. If a vacancy occurs on the task force, the
13 appointing authority who appointed the member whose position is
14 vacant shall appoint an individual to fill the vacancy.
15 (b) An individual appointed to fill a vacancy must meet the
16 qualifications of the vacancy.
17 (c) An individual appointed to fill a vacancy serves for the
18 remainder of the term of the member the individual is appointed
19 to succeed.
20 Sec. 5. (a) Four (4) members of the task force constitute a
21 quorum.
22 (b) The affirmative vote of at least a majority of the members at
23 a meeting at which a quorum is present is necessary for the task
24 force to take official action other than to meet and take testimony.
25 (c) The task force shall meet at the call of the co-chairs.
26 Sec. 6. All meetings of the task force shall be open to the public
27 in accordance with and subject to IC 5-14-1.5. All records of the
28 task force are subject to the requirements of IC 5-14-3.
29 Sec. 7. The task force shall study the following issues:
30 (1) Solutions to improve consistently academically failing
31 schools.
32 (2) Ways to address the lack of parental involvement.
33 (3) Chronic absenteeism.
34 Sec. 8. The task force shall:
35 (1) develop recommendations for the legislative council
36 concerning the issues set forth in section 7 of this chapter;
37 (2) issue a report setting forth the recommendations
38 developed under subdivision (1); and
39 (3) not later than October 31, 2024, submit the report to the
40 legislative council in an electronic format under IC 5-14-6.
41 Sec. 9. The legislative services agency shall provide staff support
42 to the task force.
2024 IN 270—LS 6975/DI 110 3
1 Sec. 10. (a) Each legislative member and each lay member of the
2 task force is entitled to receive the same per diem, mileage, and
3 travel allowances paid to individuals serving as legislative and lay
4 members, respectively, on an interim study committee established
5 by the legislative council.
6 (b) A member of the task force who is a state employee is not
7 entitled to a per diem. However, the member is entitled to receive
8 the same travel allowances paid to members of the task force
9 described in subsection (a).
10 Sec. 11. The task force's expenses, including the payment of per
11 diem and reimbursements under section 10 of this chapter, are
12 payable from amounts appropriated to the legislative council.
13 Sec. 12. This chapter expires July 1, 2025.
14 SECTION 2. IC 20-19-3-32 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2024]: Sec. 32. (a) The department shall study or contract with
17 a third party to study the feasibility of a community bus system
18 serving two (2) or more public schools, including charter schools,
19 located in the same metropolitan area to transport each student to
20 the school of the student's choice.
21 (b) The cost for the study under this section may not exceed an
22 amount equal to fifty thousand dollars ($50,000).
23 (c) Not later than July 1, 2025, the department shall submit a
24 report regarding the results of the study to the general assembly in
25 an electronic format under IC 5-14-6.
26 SECTION 3. IC 20-19-3-33 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 33. (a) The department shall study the
29 following:
30 (1) Creating a clearinghouse for each region of Indiana that
31 enables all high schools, approved postsecondary educational
32 institutions (as defined in IC 21-7-13-6(a)), and employers in
33 the applicable region to exchange information through a
34 website regarding internship opportunities and for which
35 each user of the clearinghouse uses information forms that
36 are standardized for all regions.
37 (2) Selecting a single nonprofit organization to design,
38 operate, and maintain all the regional clearinghouses
39 described in subdivision (1).
40 (b) In carrying out subsection (a), the department may consult
41 with the department of workforce development and the
42 commission for higher education.
2024 IN 270—LS 6975/DI 110 4
1 (c) Not later than October 31, 2024, the department shall do the
2 following:
3 (1) Prepare a report regarding:
4 (A) information concerning the study under subsection (a),
5 including the costs of creating; and
6 (B) any recommendations regarding the creation of;
7 a clearinghouse for each region as described in subsection (a).
8 (2) Submit the report prepared under subdivision (1) to the
9 general assembly in an electronic format under IC 5-14-6.
10 SECTION 4. IC 20-24-7-1.5 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2024]: Sec. 1.5. An organizer that operates more than one (1)
13 charter school may do the following:
14 (1) File a single school financial report (Form 9) that includes
15 data for all the charter schools operated by the organizer.
16 (2) To the extent permitted by federal law and
17 notwithstanding any other state law, file a single form for any
18 state or federal funding program for all the charter schools
19 operated by the organizer.
20 SECTION 5. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 MAY 10, 2024]: Sec. 6. (a) With the approval of a majority of the
23 members of the governing body, a school corporation may distribute a
24 proportionate share of the school corporation's operations fund to a
25 charter school. A charter school may elect to distribute a proportionate
26 share of the charter school's operations fund to the school corporation
27 in whose district the charter school is located.
28 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
29 governing body may distribute money that is received as part of a tax
30 levy collected under IC 20-46-1 from the school corporation's
31 education fund to a charter school, excluding a virtual charter school,
32 in the manner provided by IC 20-46-1-8(e).
33 (c) (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
34 governing body may distribute money from the school safety
35 referendum tax levy fund to a charter school, excluding a virtual
36 charter school, in the manner prescribed by IC 20-46-9-6(b).
37 SECTION 6. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023,
38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 MAY 10, 2024]: Sec. 6.2. (a) This section applies to a levy resulting
40 from a resolution to place a referendum on the ballot adopted by the
41 governing body under IC 20-46-1-8, IC 20-46-1-8.5, IC 20-46-9-6, or
42 IC 20-46-9-7:
2024 IN 270—LS 6975/DI 110 5
1 (1) after May 10, 2023, for counties described in IC 20-46-1-21(a)
2 and IC 20-46-9-22(a); and
3 (2) after May 10, 2024, for all counties as described in
4 IC 20-46-1-21(b).
5 (b) The county auditor in the county in which the applicable school
6 corporation is located shall distribute money that is received as part of
7 a tax levy collected under IC 20-46-1 to an applicable charter school,
8 excluding a virtual charter school, in the manner provided by
9 IC 20-46-1-21.
10 (c) The county auditor in the county in which the applicable school
11 corporation is located shall distribute money that is received as part of
12 a tax levy collected under IC 20-46-9 to an applicable charter school,
13 excluding a virtual charter school, in the manner prescribed by
14 IC 20-46-9-22.
15 (d) A charter school that may receive money from a school
16 corporation's tax levy collected under IC 20-46-1 or a school safety
17 referendum tax levy under IC 20-46-9 may not promote a position on
18 is prohibited from promoting a referendum in the same manner as a
19 school corporation is prohibited from promoting a position on a
20 referendum under IC 20-46-1-20.
21 (e) If a charter school receives a distribution from a school
22 corporation from the school corporation's tax levy collected under
23 IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9,
24 the charter school must post the following on the charter school's
25 website:
26 (1) The specific purposes for which the revenue received from the
27 tax levy will be used.
28 (2) An estimate of the annual dollar amounts that will be
29 expended for each purpose described in subdivision (1).
30 SECTION 7. IC 20-26-5-4, AS AMENDED BY P.L.201-2023,
31 SECTION 160, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) In carrying out the school
33 purposes of a school corporation, the governing body acting on the
34 school corporation's behalf has the following specific powers:
35 (1) In the name of the school corporation, to sue and be sued and
36 to enter into contracts in matters permitted by applicable law.
37 However, a governing body may not use funds received from the
38 state to bring or join in an action against the state, unless the
39 governing body is challenging an adverse decision by a state
40 agency, board, or commission.
41 (2) To take charge of, manage, and conduct the educational affairs
42 of the school corporation and to establish, locate, and provide the
2024 IN 270—LS 6975/DI 110 6
1 necessary schools, school libraries, other libraries where
2 permitted by law, other buildings, facilities, property, and
3 equipment.
4 (3) To appropriate from the school corporation's general fund
5 (before January 1, 2019) or the school corporation's operations
6 fund (after December 31, 2018) an amount, not to exceed the
7 greater of three thousand dollars ($3,000) per budget year or one
8 dollar ($1) per pupil, not to exceed twelve thousand five hundred
9 dollars ($12,500), based on the school corporation's ADM of the
10 previous year (as defined in IC 20-43-1-7) to promote the best
11 interests of the school corporation through:
12 (A) the purchase of meals, decorations, memorabilia, or
13 awards;
14 (B) provision for expenses incurred in interviewing job
15 applicants; or
16 (C) developing relations with other governmental units.
17 (4) To do the following:
18 (A) Acquire, construct, erect, maintain, hold, and contract for
19 construction, erection, or maintenance of real estate, real estate
20 improvements, or an interest in real estate or real estate
21 improvements, as the governing body considers necessary for
22 school purposes, including buildings, parts of buildings,
23 additions to buildings, rooms, gymnasiums, auditoriums,
24 playgrounds, playing and athletic fields, facilities for physical
25 training, buildings for administrative, office, warehouse, repair
26 activities, or housing school owned buses, landscaping, walks,
27 drives, parking areas, roadways, easements and facilities for
28 power, sewer, water, roadway, access, storm and surface
29 water, drinking water, gas, electricity, other utilities and
30 similar purposes, by purchase, either outright for cash (or
31 under conditional sales or purchase money contracts providing
32 for a retention of a security interest by the seller until payment
33 is made or by notes where the contract, security retention, or
34 note is permitted by applicable law), by exchange, by gift, by
35 devise, by eminent domain, by lease with or without option to
36 purchase, or by lease under IC 20-47-2, IC 20-47-3, or
37 IC 20-47-5.
38 (B) Repair, remodel, remove, or demolish, or to contract for
39 the repair, remodeling, removal, or demolition of the real
40 estate, real estate improvements, or interest in the real estate
41 or real estate improvements, as the governing body considers
42 necessary for school purposes.
2024 IN 270—LS 6975/DI 110 7
1 (C) Provide for conservation measures through utility
2 efficiency programs or under a guaranteed savings contract as
3 described in IC 36-1-12.5.
4 (5) To acquire personal property or an interest in personal
5 property as the governing body considers necessary for school
6 purposes, including buses, motor vehicles, equipment, apparatus,
7 appliances, books, furniture, and supplies, either by cash purchase
8 or under conditional sales or purchase money contracts providing
9 for a security interest by the seller until payment is made or by
10 notes where the contract, security, retention, or note is permitted
11 by applicable law, by gift, by devise, by loan, or by lease with or
12 without option to purchase and to repair, remodel, remove,
13 relocate, and demolish the personal property. All purchases and
14 contracts specified under the powers authorized under subdivision
15 (4) and this subdivision are subject solely to applicable law
16 relating to purchases and contracting by municipal corporations
17 in general and to the supervisory control of state agencies as
18 provided in section 6 of this chapter.
19 (6) To sell or exchange real or personal property or interest in real
20 or personal property that, in the opinion of the governing body, is
21 not necessary for school purposes, in accordance with IC 20-26-7
22 and IC 20-26-7.1, to demolish or otherwise dispose of the
23 property if, in the opinion of the governing body, the property is
24 not necessary for school purposes and is worthless, and to pay the
25 expenses for the demolition or disposition.
26 (7) Except as provided under subsections (c) and (d), to lease
27 any school property for a rental that the governing body considers
28 reasonable or to permit the free use of school property for:
29 (A) civic or public purposes; or
30 (B) the operation of a school age child care program for
31 children who are at least five (5) years of age and less than
32 fifteen (15) years of age that operates before or after the school
33 day, or both, and during periods when school is not in session;
34 if the property is not needed for school purposes. the school
35 property continues to be used primarily for classroom
36 instruction by the school corporation, is not subject to closure
37 under IC 20-26-7-47, and is not a covered school building that
38 must be made available for lease or purchase under
39 IC 20-26-7.1. Under this subdivision, the governing body may
40 enter into a long term lease or use agreement with a nonprofit
41 corporation, community service organization, or other
42 governmental entity, if the corporation, organization, or other
2024 IN 270—LS 6975/DI 110 8
1 governmental entity will use the property to be leased for civic or
2 public purposes or for a school age child care program. However,
3 if payment for the property subject to a long term lease or use
4 agreement is made from money in the school corporation's debt
5 service fund, all proceeds from the long term lease or use
6 agreement must be deposited in the school corporation's debt
7 service fund so long as payment for the property has not been
8 made. The governing body may, at the governing body's option,
9 use the procedure specified in IC 36-1-11-10 in leasing property
10 under this subdivision. If the school property is not being used
11 primarily for classroom instruction or is subject to closure
12 under IC 20-26-7-47, the governing body must first comply
13 with IC 20-26-7 and IC 20-26-7.1 before leasing the school
14 property under this subdivision.
15 (8) To do the following:
16 (A) Employ, contract for, and discharge superintendents,
17 supervisors, principals, teachers, librarians, athletic coaches
18 (whether or not they are otherwise employed by the school
19 corporation and whether or not they are licensed under
20 IC 20-28-5), business managers, superintendents of buildings
21 and grounds, janitors, engineers, architects, physicians,
22 dentists, nurses, accountants, teacher aides performing
23 noninstructional duties, educational and other professional
24 consultants, data processing and computer service for school
25 purposes, including the making of schedules, the keeping and
26 analyzing of grades and other student data, the keeping and
27 preparing of warrants, payroll, and similar data where
28 approved by the state board of accounts as provided below,
29 and other personnel or services as the governing body
30 considers necessary for school purposes.
31 (B) Fix and pay the salaries and compensation of persons and
32 services described in this subdivision that are consistent with
33 IC 20-28-9-1.5.
34 (C) Classify persons or services described in this subdivision
35 and to adopt a compensation plan with a salary range that is
36 consistent with IC 20-28-9-1.5.
37 (D) Determine the number of the persons or the amount of the
38 services employed or contracted for as provided in this
39 subdivision.
40 (E) Determine the nature and extent of the duties of the
41 persons described in this subdivision.
42 The compensation, terms of employment, and discharge of
2024 IN 270—LS 6975/DI 110 9
1 teachers are, however, subject to and governed by the laws
2 relating to employment, contracting, compensation, and discharge
3 of teachers. The compensation, terms of employment, and
4 discharge of bus drivers are subject to and governed by laws
5 relating to employment, contracting, compensation, and discharge
6 of bus drivers.
7 (9) Notwithstanding the appropriation limitation in subdivision
8 (3), when the governing body by resolution considers a trip by an
9 employee of the school corporation or by a member of the
10 governing body to be in the interest of the school corporation,
11 including attending meetings, conferences, or examining
12 equipment, buildings, and installation in other areas, to permit the
13 employee to be absent in connection with the trip without any loss
14 in pay and to reimburse the employee or the member the
15 employee's or member's reasonable lodging and meal expenses
16 and necessary transportation expenses. To pay teaching personnel
17 for time spent in sponsoring and working with school related trips
18 or activities.
19 (10) Subject to IC 20-27-13, to transport children to and from
20 school, when in the opinion of the governing body the
21 transportation is necessary, including considerations for the safety
22 of the children. The transportation must be otherwise in
23 accordance with applicable law.
24 (11) To provide a lunch program for a part or all of the students
25 attending the schools of the school corporation, including the
26 establishment of kitchens, kitchen facilities, kitchen equipment,
27 lunch rooms, the hiring of the necessary personnel to operate the
28 lunch program, and the purchase of material and supplies for the
29 lunch program, charging students for the operational costs of the
30 lunch program, fixing the price per meal or per food item. To
31 operate the lunch program as an extracurricular activity, subject
32 to the supervision of the governing body. To participate in a
33 surplus commodity or lunch aid program.
34 (12) To:
35 (A) purchase curricular materials and to furnish curricular
36 materials without cost; and
37 (B) assess and collect a reasonable fee for lost or significantly
38 damaged curricular materials.
39 (13) To accept students transferred from other school corporations
40 and to transfer students to other school corporations in accordance
41 with applicable law.
42 (14) To make budgets, to appropriate funds, and to disburse the
2024 IN 270—LS 6975/DI 110 10
1 money of the school corporation in accordance with applicable
2 law. To borrow money against current tax collections and
3 otherwise to borrow money, in accordance with IC 20-48-1.
4 (15) To purchase insurance or to establish and maintain a
5 program of self-insurance relating to the liability of the school
6 corporation or the school corporation's employees in connection
7 with motor vehicles or property and for additional coverage to the
8 extent permitted and in accordance with IC 34-13-3-20. To
9 purchase additional insurance or to establish and maintain a
10 program of self-insurance protecting the school corporation and
11 members of the governing body, employees, contractors, or agents
12 of the school corporation from liability, risk, accident, or loss
13 related to school property, school contract, school or school
14 related activity, including the purchase of insurance or the
15 establishment and maintenance of a self-insurance program
16 protecting persons described in this subdivision against false
17 imprisonment, false arrest, libel, or slander for acts committed in
18 the course of the persons' employment, protecting the school
19 corporation for fire and extended coverage and other casualty
20 risks to the extent of replacement cost, loss of use, and other
21 insurable risks relating to property owned, leased, or held by the
22 school corporation. In accordance with IC 20-26-17, to:
23 (A) participate in a state employee health plan under
24 IC 5-10-8-6.7;
25 (B) purchase insurance; or
26 (C) establish and maintain a program of self-insurance;
27 to benefit school corporation employees, including accident,
28 sickness, health, or dental coverage, provided that a plan of
29 self-insurance must include an aggregate stop-loss provision.
30 (16) To make all applications, to enter into all contracts, and to
31 sign all documents necessary for the receipt of aid, money, or
32 property from the state, the federal government, or from any other
33 source.
34 (17) To defend a member of the governing body or any employee
35 of the school corporation in any suit arising out of the
36 performance of the member's or employee's duties for or
37 employment with, the school corporation, if the governing body
38 by resolution determined that the action was taken in good faith.
39 To save any member or employee harmless from any liability,
40 cost, or damage in connection with the performance, including the
41 payment of legal fees, except where the liability, cost, or damage
42 is predicated on or arises out of the bad faith of the member or
2024 IN 270—LS 6975/DI 110 11
1 employee, or is a claim or judgment based on the member's or
2 employee's malfeasance in office or employment.
3 (18) To prepare, make, enforce, amend, or repeal rules,
4 regulations, and procedures:
5 (A) for the government and management of the schools,
6 property, facilities, and activities of the school corporation, the
7 school corporation's agents, employees, and pupils and for the
8 operation of the governing body; and
9 (B) that may be designated by an appropriate title such as
10 "policy handbook", "bylaws", or "rules and regulations".
11 (19) To ratify and approve any action taken by a member of the
12 governing body, an officer of the governing body, or an employee
13 of the school corporation after the action is taken, if the action
14 could have been approved in advance, and in connection with the
15 action to pay the expense or compensation permitted under
16 IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1,
17 IC 20-40-12, and IC 20-48-1 or any other law.
18 (20) To exercise any other power and make any expenditure in
19 carrying out the governing body's general powers and purposes
20 provided in this chapter or in carrying out the powers delineated
21 in this section which is reasonable from a business or educational
22 standpoint in carrying out school purposes of the school
23 corporation, including the acquisition of property or the
24 employment or contracting for services, even though the power or
25 expenditure is not specifically set out in this chapter. The specific
26 powers set out in this section do not limit the general grant of
27 powers provided in this chapter except where a limitation is set
28 out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
29 IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
30 specific language or by reference to other law.
31 (b) A superintendent hired under subsection (a)(8):
32 (1) is not required to hold a teacher's license under IC 20-28-5;
33 and
34 (2) is required to have obtained at least a master's degree from an
35 accredited postsecondary educational institution.
36 (c) The governing body acting on the school corporation's behalf
37 may renew a lease or memorandum of understanding described in
38 IC 20-26-7.1-3(d) with a nonprofit organization as described in
39 IC 20-26-7.1-3(d).
40 (d) The governing body acting on the school corporation's
41 behalf may lease any school property for a rental to one (1) or both
42 of the following:
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1 (1) The Indiana School for the Blind and Visually Impaired
2 established by IC 20-21-2-1.
3 (2) The Indiana School for the Deaf established by
4 IC 20-22-2-1.
5 This subsection expires June 30, 2030.
6 SECTION 8. IC 20-26-7-47, AS ADDED BY P.L.189-2023,
7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 47. (a) The following definitions apply throughout
9 this section:
10 (1) "Covered school building" has the meaning set forth in
11 IC 20-26-7.1-2.1.
12 (2) "Current school year" refers to a year in which the governing
13 body is required to conduct a review of school building usage
14 under subsection (c).
15 (3) "Enrollment" refers to the following:
16 (A) Except as provided in clause (B), students counted in
17 ADM (as defined in IC 20-43-1-6) in the first count date for a
18 school year fixed under IC 20-43-4-3.
19 (B) With regard to a school corporation, students counted in a
20 school corporation's fall count of ADM minus all students
21 counted in the fall count of ADM who are enrolled in eligible
22 schools that:
23 (i) have entered into an agreement with the school
24 corporation to participate as a participating innovation
25 network charter school under IC 20-25.7-5; and
26 (ii) are included in the school corporation's fall ADM count.
27 (4) "Interested person" has the meaning set forth in
28 IC 20-26-7.1-2.2.
29 (b) This section applies to a school corporation only if:
30 (1) the total student enrollment for in-person instruction in the
31 school corporation in the current school year is at least ten percent
32 (10%) less than the student enrollment for in-person instruction
33 in the school corporation in a school year that precedes the
34 current school year by five (5); and
35 (2) the school corporation in the current school year has more
36 than one (1) school building serving the same grade level as the
37 school building subject to closure under this section.
38 (c) Each school year, the governing body of a school corporation
39 shall review the usage of school buildings used by the school
40 corporation to determine whether any school building should be closed
41 for the ensuing school year and subsequent school years.
42 (d) A school corporation may shall close a school building for the
2024 IN 270—LS 6975/DI 110 13
1 ensuing school year (and subsequent school years) if:
2 (1) at any time the school building had been used for classroom
3 instruction;
4 (2) in the current school year and the two (2) school years
5 immediately preceding the current school year the school building
6 was underutilized for classroom instruction purposes or other
7 allowable uses specified by this section;
8 (3) as of the end of the school year before the school building is
9 required to be closed under this section, the school corporation
10 was not subject to a transitional plan adopted by the governing
11 body and approved by the department to use the school building
12 for an allowable use not later than the next school year after the
13 school building is otherwise required to be closed under this
14 section;
15 (4) in the case of a school building that was used in any part in the
16 current school year for instructional purposes, the school
17 corporation has another school building:
18 (A) with sufficient capacity to take the students using the
19 school building being considered for closure; and
20 (B) that does not require more than twenty (20) minutes of
21 travel time by car or bus from the school building being
22 considered for closure; and
23 (5) the school building is not a school building described in
24 IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or
25 IC 20-26-7.1-3(d).
26 (e) For purposes of this section, a school building is underutilized
27 in a school year if the school building is not used for any of the
28 following allowable uses:
29 (1) The number of full-time equivalent students enrolled for
30 in-person instruction in the school building on instructional days
31 (as determined under IC 20-30-2) for instructional purposes,
32 averaged over the current school year and the two (2) school years
33 immediately preceding the current school year, is at least sixty
34 percent (60%) fifty percent (50%) of:
35 (A) the known classroom design capacity of the school
36 building; or
37 (B) if the design capacity is not known, the average maximum
38 full-time equivalent enrollment in any of the last twenty-five
39 (25) years, as validated by records created or maintained by
40 the department.
41 (2) The school corporation demonstrates through facts included
42 in a resolution that the school building is being used and that it is
2024 IN 270—LS 6975/DI 110 14
1 financially prudent to continue to use the school building,
2 considering all community resources, for a distinct student
3 population that reasonably cannot be served through integration
4 with the general school population, such as students attending an
5 alternative education program (as defined in IC 20-30-8-1).
6 However, to be an allowable use under this subdivision, the
7 average number of full-time equivalent students using the school
8 building in a school year for instructional purposes must be at
9 least thirty percent (30%) of:
10 (A) the known classroom design capacity of the school
11 building; or
12 (B) if the design capacity is not known, the average maximum
13 full-time equivalent enrollment in any of the last twenty-five
14 (25) years, as validated by records created or maintained by
15 the department; and
16 (if multiple school buildings are used for the same purposes)
17 combining the student populations into fewer school buildings is
18 not reasonably feasible.
19 (3) The school corporation demonstrates through facts included
20 in a resolution that the school building is being used and that it is
21 financially prudent to continue to use the school building,
22 considering all community resources, for administrative or other
23 school offices. However, to be an allowable use under this
24 subdivision, at least fifty percent (50%) of the square footage of
25 the school building must be used for offices, the personnel
26 headquartered in the school building must consistently use the
27 space for office purposes, and the occupancy cost of using the
28 school building cannot be more than comparable office space that
29 is available in the school district.
30 (4) The school corporation demonstrates through facts included
31 in a resolution that the school building is being used and that it is
32 financially prudent to continue to use the school building,
33 considering all community resources, for storage. However, to be
34 an allowable use under this subdivision, at least fifty percent
35 (50%) of the square footage of the school building must be used
36 for storage, on average the storage space must be used to capacity,
37 and the cost of using the school building for storage must be less
38 than comparable storage space that is available in the school
39 district.
40 (5) The school corporation demonstrates through facts included
41 in a resolution that the school building is being used and that it is
42 financially prudent to continue to use the school building,
2024 IN 270—LS 6975/DI 110 15
1 considering all community resources, for a combination of office
2 space and storage. However, to be an allowable use under this
3 subdivision, at least fifty percent (50%) of the square footage of
4 the school building must be used for a combination of office
5 space and storage and:
6 (A) the personnel headquartered in the school building must
7 consistently use the office space for office purposes, and the
8 occupancy cost of using the office space, calculated using the
9 costs of operating the school building, cannot be more than
10 comparable office space that is available in the school district;
11 and
12 (B) on average, the storage space must be used to capacity and
13 the cost of using the school building for storage must be less
14 than comparable storage space that is available in the school
15 district.
16 (f) Closure of a school building that is:
17 (1) owned by the school corporation or any other entity that is
18 related in any way to, or created by, the school corporation or the
19 governing body; or
20 (2) jointly owned in the same manner by two (2) or more school
21 corporations;
22 shall be carried out in conformity with IC 20-26-7.1.
23 (g) Before filing a petition under subsection (h), a charter school or
24 state educational institution that is interested in a school corporation's
25 school building must give written notice to the school corporation to
26 determine whether an agreement can be reached regarding the school
27 corporation making the school building available for lease or purchase
28 under IC 20-26-7.1.
29 (h) If an agreement is not reached within forty-five (45) days after
30 the date that the school corporation receives the notice under
31 subsection (g), the charter school or state educational institution may
32 petition the department to initiate or the department on its own may
33 initiate a proceeding for a determination as to whether a school
34 building meets the criteria for closure under this section or a covered
35 school building that is no longer used for classroom instruction by a
36 school corporation should be made available under IC 20-26-7.1. If a
37 charter school or state educational institution petitions the department
38 under this subsection, the charter school or state educational institution
39 must provide a copy of the petition to the applicable school
40 corporation.
41 (i) An interested person that is not otherwise a party to the
42 proceeding may intervene in the proceeding under subsection (h) as a
2024 IN 270—LS 6975/DI 110 16
1 party. The school corporation has the burden of going forward with the
2 evidence and the burden of proof to demonstrate that the school
3 building does not meet the criteria for closure or the covered school
4 building is not required to be made available under IC 20-26-7.1.
5 (j) Not more than sixty (60) days after receiving notice of a petition
6 under subsection (h), the school corporation must:
7 (1) file a response to the petition that notifies the department that
8 the school corporation:
9 (A) is not contesting the petition; or
10 (B) is contesting the petition and states the facts upon which
11 the school corporation relies in contesting the petition; and
12 (2) provide a copy of the response to the petitioner and any
13 intervening party.
14 (k) If the school corporation:
15 (1) files a response that the school corporation is not contesting
16 the petition; or
17 (2) fails to submit a timely response under subsection (j);
18 the department shall issue an order granting the petition. A petition and
19 any response or reply are public documents.
20 (l) If a school corporation contests a petition under subsection (j),
21 a party to the proceeding has not more than sixty (60) days after the
22 date that the school corporation files a response under subsection (j) to
23 submit a reply to the school corporation's response.
24 (m) The department shall make a determination regarding a petition
25 under subsection (h) not more than one hundred twenty (120) days after
26 the date that the:
27 (1) petitioner and any intervening party have submitted a reply
28 under subsection (l); or
29 (2) time period to reply under subsection (l) has expired.
30 (n) A school corporation or another party to the proceeding may file
31 with the state board a petition requesting review of the department's
32 determination. Upon receipt of a petition under this subsection, the
33 state board shall review the department's determination. An appeal to
34 the state board shall be subject to the procedure described in
35 IC 20-26-11-15(b).
36 (o) Upon the issuance of a final unappealable order granting a
37 petition, the school corporation may shall make the school building
38 available for lease or purchase in accordance with IC 20-26-7.1.
39 SECTION 9. IC 20-26-7.1-1, AS AMENDED BY P.L.189-2023,
40 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 MAY 4, 2023 (RETROACTIVE)]: Sec. 1. (a) For purposes of this
42 section, "charter school" does not include a virtual charter school
2024 IN 270—LS 6975/DI 110 17
1 or an adult high school.
2 (b) This chapter does not apply to the following:
3 (1) A school building that since July 1, 2011, is leased or loaned
4 by the school corporation that owns the school building to another
5 entity, if the entity is not a building corporation or other entity that
6 is related in any way to, or created by, the school corporation or
7 the governing body.
8 (2) A school corporation that distributes money that is received as
9 part of a tax levy collected under IC 20-46-1 or IC 20-46-9 to an
10 applicable charter school.
11 (2) A school corporation to which all of the following apply:
12 (A) The county auditor distributes revenue after May 10,
13 2023, as required under IC 20-46-1-21 to each charter
14 school described in IC 20-46-1-21(c).
15 (B) If the school corporation listed in IC 20-46-9-22
16 receives revenue from a school safety referendum tax levy
17 under IC 20-46-9, the county auditor distributes revenue
18 after May 10, 2023, as required under IC 20-46-9-22 to
19 each charter school described in IC 20-46-9-22(b).
20 (3) A school corporation to which all of the following apply:
21 (A) The school corporation approves a resolution after
22 May 10, 2023, to impose an operating referendum tax levy
23 under IC 20-46-1 after May 10, 2023, that includes sharing
24 the revenue from the referendum tax levy in the amounts
25 described in clause (B) with each charter school that:
26 (i) a student who resides within the attendance area of
27 the school corporation attends; and
28 (ii) elects to participate in the referendum.
29 (B) The amount of referendum tax levy revenue that the
30 school corporation is required to share with each charter
31 school under the resolution described in clause (A) is equal
32 to the amount determined applying the formula under
33 IC 20-46-1-21(e).
34 (C) The referendum tax levy described in clause (A) is
35 approved by the voters.
36 (D) The school corporation distributes the amounts
37 described in clause (B) to each charter school described in
38 clause (A).
39 (E) If the school corporation receives revenue from a
40 school safety referendum tax levy under IC 20-46-9, the
41 school corporation shares the revenue from the school
42 safety referendum tax levy with each charter school that:
2024 IN 270—LS 6975/DI 110 18
1 (i) a student who resides within the attendance area of
2 the school corporation attends; and
3 (ii) elects to participate in the referendum;
4 in an amount equal to the amount determined applying the
5 formula under IC 20-46-9-22(d).
6 SECTION 10. IC 20-26-7.1-3, AS AMENDED BY P.L.189-2023,
7 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 1 of this
9 chapter or subsection (b), (c), or (d), before a governing body may sell,
10 exchange, lease, demolish, hold without operating, or dispose of a
11 covered school building, a governing body shall make available for
12 lease or purchase by a charter school or state educational institution
13 any covered school building owned by the school corporation or any
14 other entity that is related in any way to, or created by, the school
15 corporation or the governing body, including a building corporation,
16 that the governing body elects to close or the school corporation is
17 required to close under IC 20-26-7-47, in order for the covered school
18 building to be used by a:
19 (1) charter school to conduct prekindergarten through grade 12
20 classroom instruction; or
21 (2) state educational institution for an academic purpose.
22 (b) The following are not required to comply with this chapter:
23 (1) A governing body that vacates a covered school building in
24 order to:
25 (A) renovate the covered school building for a future
26 allowable use by the school corporation as permitted under
27 IC 20-26-7-47; or
28 (B) demolish the covered school building, in whole or part,
29 and build a new school building or an addition to a school
30 building on the same site as the demolished building.
31 (2) An emergency manager of a distressed school corporation
32 under IC 6-1.1-20.3.
33 (3) The governing body of the School City of East Chicago school
34 corporation for the Carrie Gosch Elementary School building.
35 (4) A school corporation that has had a designation as a
36 distressed political subdivision under IC 6-1.1-20.3 within the
37 previous three (3) years.
38 (c) This section does not apply to a covered school building in
39 which a governing body under IC 20-26-5-4(a)(7) entered a lease prior
40 to January 1, 2019, with a state accredited nonpublic school. In
41 addition, the governing body may, during or at the expiration of the
42 term of such lease, sell the school building leased under
2024 IN 270—LS 6975/DI 110 19
1 IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually
2 agreed to by the governing body and the nonpublic school.
3 (d) This section does not apply to a covered school building of a
4 school corporation to which the following apply:
5 (1) The school corporation had, before January 1, 2023, entered
6 into a lease or memorandum of understanding with a nonprofit
7 organization exempt from federal taxation under Section
8 501(c)(3) through 501(c)(7) of the Internal Revenue Code for the
9 use of the covered school building.
10 (2) The lease or memorandum of understanding described in
11 subdivision (1):
12 (A) continues in effect;
13 (B) is renewed; or
14 (C) is replaced by a new lease or memorandum of
15 understanding that is entered into between the school
16 corporation and the nonprofit organization described in
17 subdivision (1).
18 (3) The nonprofit organization described in subdivision (1) uses
19 the covered school building for an educational purpose
20 throughout the term of any lease or memorandum of
21 understanding.
22 If at any time the conditions under subdivisions (2) and (3) are not met,
23 the covered school building is subject to IC 20-26-7-47 and this
24 chapter.
25 (e) A covered school building that a school corporation closes or is
26 required to close may not be retained by the school corporation for
27 storage or office use unless the conditions of IC 20-26-7-47(e)(3),
28 IC 20-26-7-47(e)(4), or IC 20-26-7-47(e)(5) are met.
29 SECTION 11. IC 20-26-7.1-4, AS AMENDED BY P.L.189-2023,
30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 4. (a) A school corporation shall notify the
32 department Not later than thirty (30) days after the date the a governing
33 body elects to close of a school corporation determines at a public
34 meeting to cease using a covered school building and include with the
35 notification whether the school corporation contends that the building
36 should or should not be made available as provided by this chapter.
37 The school corporation shall notify the department in the annual report
38 required under IC 20-26-7-48 that the school corporation elects to or
39 is required under IC 20-26-7-47 to close a covered school building. The
40 notice must be in the annual report submitted under IC 20-26-7-48 after
41 the school elects to or is required to close the covered school building.
42 The department shall notify interested persons concerning the
2024 IN 270—LS 6975/DI 110 20
1 availability of a covered school building under subsection (d). for
2 classroom instruction on student instructional days (as described
3 in IC 20-30-2-2) for a school year as required under IC 20-30-2-3,
4 a school corporation shall provide written notice to the department
5 regarding the date that the covered school building has ceased or
6 will cease being used for classroom instruction as described in this
7 subsection.
8 (b) If the school corporation does not intend to make a covered
9 school building available for lease or purchase in accordance with
10 this chapter, the school corporation shall state in the notice
11 required under subsection (a) the factual and legal basis for the
12 school corporation's contention that the covered school building is
13 not required to be made available under this chapter. Any claim
14 for exclusion from a requirement to make the covered school
15 building available under this chapter which is not stated in the
16 notice under this subsection is waived.
17 (c) If a school corporation does not provide notice to the
18 department under subsection (a), any claim for exclusion from a
19 requirement to make the covered school building available under
20 this chapter is waived.
21 (d) Not later than fifteen (15) days after the date that the
22 department receives a notice from a school corporation under
23 subsection (a), the department shall provide written notice to all
24 interested persons regarding the notice from the school
25 corporation submitted under subsection (a).
26 (e) If a notice from a school corporation under subsection (a)
27 acknowledges that the covered school building will be made
28 available in accordance with this chapter, the department's notice
29 to interested persons shall provide that any notice of interest by an
30 interested person for the covered school building must be
31 submitted to the department not later than sixty (60) days after the
32 date the interested person receives the department's notice under
33 subsection (d).
34 (f) If a notice from a school corporation under subsection (a)
35 includes a claim that the covered school building will not be made
36 available under this chapter, an interested person may submit to
37 the department, not later than thirty (30) days after the date the
38 interested person receives the notice from the department under
39 subsection (d), a rebuttal to the factual and legal basis for the
40 school corporation's contention that the covered school building is
41 not required to be made available under this chapter.
42 (g) The department shall, not later than sixty (60) days after the
2024 IN 270—LS 6975/DI 110 21
1 date that a rebuttal is due under subsection (f), issue a
2 determination to the school corporation and interested persons as
3 to whether the covered school building must be made available
4 under this chapter. The department shall publish a copy of the
5 department's determination on the department's website.
6 (h) Not later than thirty (30) days after the date that the
7 department issues a determination under subsection (g), a school
8 corporation or interested person may appeal the determination to
9 the state board. An appeal to the state board shall be subject to the
10 procedure described in IC 20-26-11-15(b).
11 (b) (i) Not later than fifteen (15) days after:
12 (1) the department receives the earliest notice under subsection
13 (a); or
14 (2) if the department determines that a covered school building
15 qualifies for closure under IC 20-26-7-47, the date a final order to
16 close a covered school building is issued under IC 20-26-7-47;
17 the governing body shall take the actions specified by this subsection
18 and subsection (c). The department shall order a school corporation to
19 comply with this subsection and subsection (c) and request that the
20 attorney general enforce the order under section 9(a) of this chapter.
21 (1) the time expires for an appeal of the state board of a
22 department determination under subsection (g) or
23 IC 20-26-7-47 that a covered school building be made
24 available; or
25 (2) a determination by the state board that a covered school
26 building is to be made available is issued;
27 the governing body shall take the actions specified by subsection
28 (j). If the governing body fails to take the actions, the department
29 shall request that the attorney general enforce the order under
30 section 9(a) of this chapter.
31 (c) (j) If a covered school building is to be made available, the
32 governing body shall do the following:
33 (1) Make the covered school building available for inspection by
34 a charter school or state educational institution that notifies the
35 department that it is interested in leasing or purchasing the
36 covered school building.
37 (2) Make the following information available to a charter school
38 or state educational institution described in subdivision (1):
39 (A) Estimates of the operating expenses for the covered school
40 building for the past three (3) years.
41 (B) Written information regarding the condition of the covered
42 school building, including the age of the roof and the HVAC
2024 IN 270—LS 6975/DI 110 22
1 system, and any known conditions which, in the governing
2 body's opinion, require prompt repair or replacement.
3 (C) A legal description of the property.
4 (d) Not later than fifteen (15) days after the earlier of:
5 (1) receiving the earliest notice under subsection (a); or
6 (2) if the department determines that a covered school building
7 qualifies for closure under IC 20-26-7-47, the date a final
8 unappealable order to close a covered school building is issued
9 under IC 20-26-7-47;
10 the department shall place a notice on the department's website that the
11 covered school building is available for purchase or lease under this
12 chapter and provide written notification to each interested person,
13 including the date when the covered school building will close, no
14 longer be used, or become vacant.
15 (k) If the governing body fails to take the actions required under
16 subsection (j), a charter school having notified the school
17 corporation of its interest in the covered school building is entitled
18 to an injunction requiring the governing body to take the actions
19 under subsection (j).
20 (e) (l) The school corporation shall lease the covered school
21 building to a charter school or state educational institution for one
22 dollar ($1) per year for as long as the state educational institution uses
23 the covered school building for an academic purpose or the charter
24 school uses the covered school building for classroom instruction, for
25 a term at the state educational institution's or charter school's
26 discretion, or sell the covered school building for one dollar ($1), if the
27 charter school or state educational institution does the following:
28 (1) Within ninety (90) days of receiving the department's notice
29 under subsection (d), a charter school or state educational
30 institution must submit a preliminary request to purchase or lease
31 the covered school building.
32 (2) Subject to subsection (f), (m), within ninety (90) days of
33 receiving the department's notice under subsection (d), (i), a
34 charter school or state educational institution must submit to the
35 school corporation the following information:
36 (A) The name of the charter school or state educational
37 institution that is interested in leasing or purchasing the
38 covered school building.
39 (B) A time frame, which may not exceed two (2) three (3)
40 years from the date that the covered school building is to be
41 closed, no longer used, or no longer occupied, in which the:
42 (i) charter school intends to begin providing classroom
2024 IN 270—LS 6975/DI 110 23
1 instruction in the covered school building; or
2 (ii) state educational institution intends to begin using the
3 covered school building for an academic purpose.
4 (C) A resolution, adopted by the board of the charter school or
5 state educational institution stating that the board of the
6 charter school or state educational institution has determined
7 that, after the charter school or state educational institution has
8 made any necessary repairs or modifications, the covered
9 school building will be sufficient to meet the charter school's
10 or state educational institution's needs and can be operated
11 within the charter school's or state educational institution's
12 budget.
13 (f) (m) If the department does not receive any preliminary requests
14 to purchase or lease a covered school building within the time frame
15 described in subsection (e)(1), (l)(1), the department shall send
16 notification to the school corporation that the department has not
17 received any preliminary requests to purchase or lease the covered
18 school building. Upon receipt of the notification under this subsection,
19 the school corporation may sell or otherwise dispose of the covered
20 school building in accordance with IC 36-1-11, IC 20-25-4-14, and
21 IC 20-26-5-4(a)(7).
22 (g) (n) If only one (1) charter school submits a preliminary request
23 to purchase or lease the covered school building, the department shall
24 notify the school corporation of the identity of the charter school and
25 direct the school corporation to complete a sale or lease to the charter
26 school in accordance with subsection (k). (r). In the event that two (2)
27 or more charter schools submit a preliminary request to purchase or
28 lease a covered school building within the time frame described in
29 subsection (e)(1), (l)(1), the department shall send notification to each
30 interested person and the school corporation that the department has
31 received two (2) or more preliminary requests under this section. An
32 authorizer committee shall be established, with each statewide
33 authorizer that has authorized one (1) or more charter schools
34 appointing a representative, and the committee shall establish the
35 chairperson and procedures for the committee. Within sixty (60) days
36 of receiving notice under this subsection, the committee shall select
37 which charter school may proceed under subsection (k) (r) to purchase
38 or lease the covered school building or determine if two (2) or more
39 charter schools should co-locate within the covered school building.
40 The committee shall base the committee's decision on the following
41 criteria:
42 (1) Preference shall be given to existing charter schools that have
2024 IN 270—LS 6975/DI 110 24
1 a proven track record of student academic performance.
2 (2) If two (2) or more charter schools of proven academic
3 performance are competing and only one (1) charter school is
4 operating in the county in which the covered school building is
5 located, the charter school in the same county as the covered
6 school building shall be given preference.
7 In the event that the committee determines that two (2) or more charter
8 schools should co-locate in the covered school building, the charter
9 schools have sixty (60) days to submit a memorandum of
10 understanding stating that the charter schools shall be jointly and
11 severally liable for the obligations related to the sale or lease of the
12 covered school building, and specifying how the charter schools will
13 utilize the covered school building and share responsibility for
14 operational, maintenance, and renovation expenses. If the charter
15 schools are unable to agree, the charter schools shall be deemed to have
16 revoked their prior request regarding the lease or sale of the covered
17 school building. The committee shall give notice of the committee's
18 decision to the school corporation and each interested person. A charter
19 school that is not selected by the committee may appeal the decision to
20 the state board not more than thirty (30) days after receipt of the
21 committee's decision. The state board shall issue a final order in the
22 appeal not more than sixty (60) days after receipt of a properly filed
23 appeal. Notice of the appeal and the final order in the appeal must be
24 given to the school corporation.
25 (h) (o) If a charter school does not submit a preliminary request to
26 purchase or lease the covered school building and only one (1) state
27 educational institution submits a preliminary request to purchase or
28 lease the covered school building, the department shall:
29 (1) notify the school corporation of the identity of the state
30 educational institution; and
31 (2) direct the school corporation to complete a sale or lease to the
32 state educational institution in accordance with subsection (k).
33 (r).
34 (i) (p) If one (1) or more state educational institutions submit
35 preliminary requests to purchase or lease a covered school building, a
36 selection committee shall be established consisting of one (1) member
37 appointed by the executive of the largest city or town in the county in
38 which the covered school building is located, one (1) member
39 appointed by the city or town council of the largest city or town in the
40 county in which the covered school building is located, one (1) member
41 appointed by the county commissioners of the county in which the
42 covered school building is located, one (1) member appointed by the
2024 IN 270—LS 6975/DI 110 25
1 county council of the county in which the covered school building is
2 located, and one (1) member appointed by the chamber of commerce
3 of the county in which the covered school building is located.
4 (j) (q) Not later than sixty (60) days after the date that a member is
5 appointed under subsection (i), (p), the committee shall:
6 (1) select which state educational institution may proceed to
7 purchase or lease the covered school building; or
8 (2) determine whether more than one (1) state educational
9 institution should co-locate within the covered school building.
10 In making the committee's determination, the committee shall give
11 preference to a state educational institution whose proposed use of the
12 covered school building is assessed as having the greatest educational
13 benefit for prekindergarten through grade 12 education. A committee
14 determination under this subsection may not be appealed.
15 (k) (r) A school corporation shall lease the covered school building
16 for one dollar ($1) per year to the charter school or state educational
17 institution for as long as the:
18 (1) charter school uses the covered school building for classroom
19 instruction for any combination of kindergarten through grade 12;
20 or
21 (2) state educational institution uses the covered school building
22 for an academic purpose.
23 The term of the lease shall be established at the charter school's or state
24 educational institution's discretion and include an option for the state
25 educational institution or charter school to purchase the covered school
26 building for one dollar ($1). Alternatively, the school corporation shall
27 sell the covered school building to the charter school or state
28 educational institution for one dollar ($1), if the charter school or state
29 educational institution has met the requirements set forth in subsection
30 (e) (l) and uses the covered school building in the manner prescribed
31 by this subsection. If the charter school or state educational institution
32 selected to lease or purchase the covered school building has met the
33 requirements under subsection (e), (l), the school corporation has not
34 more than ninety (90) days after the date notice of a final unappealable
35 decision is received by the school corporation to complete the lease or
36 sale of the covered school building to the charter school or state
37 educational institution. If the transaction is not completed within ninety
38 (90) days, the department or the selected charter school or state
39 educational institution may, under section 9 of this chapter, request that
40 the attorney general enforce the sale or lease or may file suit to enforce
41 the sale or lease. If a charter school or state educational institution has
42 not met the requirements under subsection (e), (l), the school
2024 IN 270—LS 6975/DI 110 26
1 corporation may sell or otherwise dispose of the covered school
2 building in accordance with IC 36-1-11, IC 20-25-4-14, and
3 IC 20-26-5-4(a)(7).
4 SECTION 12. IC 20-26-7.1-5, AS AMENDED BY P.L.189-2023,
5 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 5. (a) If:
7 (1) a covered school building is sold to a charter school or state
8 educational institution under section 4 of this chapter; and
9 (2) the charter school or state educational institution described in
10 subdivision (1) no longer intends to use the covered school
11 building for the purposes described in section 4(e) 4(l) of this
12 chapter;
13 the charter school or state educational institution shall offer to transfer
14 the covered school building back to the school corporation that initially
15 sold the covered school building to the charter school or state
16 educational institution.
17 (b) If a school corporation described in subsection (a) declines the
18 offer to transfer a covered school building back to the school
19 corporation, the charter school or state educational institution may sell
20 or transfer the covered school building to a third party. If a charter
21 school or state educational institution sells or transfers a covered
22 school building to a third party under this subsection, the charter school
23 or state educational institution must transfer an amount equal to the
24 gain in the property minus the adjusted basis (including costs of
25 improvements to the covered school building) to the school corporation
26 that initially sold the covered school building to the charter school or
27 state educational institution. Gain and adjusted basis shall be
28 determined in the manner prescribed by the Internal Revenue Code and
29 the applicable Internal Revenue Service regulations and guidelines.
30 (c) A charter school or state educational institution that purchases
31 a covered school building assumes total control of the covered school
32 building and must maintain the covered school building, including
33 utilities, insurance, maintenance, and repairs. In the event a:
34 (1) charter school does not use the covered school building for
35 classroom instruction; or
36 (2) state educational institution does not use the covered school
37 building for an academic purpose;
38 within two (2) years after acquiring the covered school building, the
39 covered school building shall revert to the school corporation, which
40 may sell or otherwise dispose of the covered school building under
41 IC 36-1-11.
42 SECTION 13. IC 20-26-7.1-5.3, AS ADDED BY P.L.189-2023,
2024 IN 270—LS 6975/DI 110 27
1 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 5.3. (a) This section applies to a covered school
3 building to which the following apply:
4 (1) The covered school building was purchased or leased by a
5 charter school under this chapter.
6 (2) The total student enrollment for in-person instruction in
7 the school building in the current school year is at least ten
8 percent (10%) less than the student enrollment for in-person
9 instruction in the school building in a school year that
10 precedes the current school year by five (5).
11 (b) A school corporation may not petition the department under
12 subsection (c) within the first five (5) years after a charter school
13 purchased or initially leased a covered school building under this
14 chapter.
15 (c) Subject to subsection (f), if the number of full-time equivalent
16 students enrolled for in-person instruction in a school building on
17 instructional days (as determined under IC 20-30-2) for instructional
18 purposes for a school year is not at least sixty fifty percent (60%)
19 (50%) of
20 (1) the known classroom design capacity of the school building,
21 or
22 (2) if the design capacity is not known, the average maximum
23 full-time equivalent enrollment in any of the last twenty-five (25)
24 years, as validated by records created or maintained by the
25 department;
26 the school corporation that leased or sold the school building to the
27 charter school may file a petition with the department requesting that
28 the charter school transfer the school building back to the school
29 corporation.
30 (d) Before filing a petition under subsection (c), the school
31 corporation must give written notice to the charter school to determine
32 whether an agreement can be reached regarding transferring the school
33 building to the school corporation.
34 (e) A petition filed under this section is subject to the same
35 procedures under IC 20-26-7-47 as a petition filed under
36 IC 20-26-7-47(h).
37 (f) For purposes of determining classroom design capacity
38 under subsection (c), if a charter school reconfigures a school
39 building after the charter school leases or purchases the school
40 building, the classroom design capacity must be determined based
41 on the reconfigured school building and not the classroom design
42 capacity of the school building at the time of the lease or purchase.
2024 IN 270—LS 6975/DI 110 28
1 SECTION 14. IC 20-26-7.1-9, AS AMENDED BY P.L.189-2023,
2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 9. (a) The attorney general, in consultation with
4 the department and state board, is authorized to take any action
5 necessary to enforce a department or state board order under
6 IC 20-26-7-47 or this chapter (or an order issued by the attorney
7 general under this chapter (as effective before July 1, 2023)), including
8 equitable actions to enjoin or mandate an action of a school
9 corporation. No final court order shall be issued until the school
10 corporation has had ninety (90) days after the department or state board
11 has issued a final order to complete a sale or lease of the covered
12 school building.
13 (b) If the attorney general does not commence legal action for an
14 injunction to enforce a final order to make a covered school building
15 available for purchase or lease under this chapter within one hundred
16 (100) days after the date the final order was issued, the a charter school
17 or state educational institution that submitted the preliminary notice of
18 interest to acquire or lease the covered school building provides, any
19 time before one hundred (100) days after the date the final order
20 was issued, a written notice of interest to purchase or lease the
21 school building to the:
22 (1) school corporation;
23 (2) department; and
24 (3) office of the attorney general;
25 may file a civil action to enforce this chapter.
26 (b) (c) In addition to the remedy under subsection subsections (a)
27 and (b), if a school corporation does not comply with the requirements
28 to sell or lease a covered school building under this chapter, the school
29 corporation shall submit any proceeds from the sale of the covered
30 school building to the state board, which shall be distributed equally
31 between each charter school located in the attendance area of the
32 school corporation. If no charter schools are located in the attendance
33 area, the state board must use the proceeds to provide grants under the
34 charter school and innovation grant program under IC 20-24-13. The
35 attorney general is authorized to initiate any legal action necessary to
36 ensure compliance with this chapter, including ensuring compliance
37 by the department regarding providing notification to interested
38 persons under section 4 of this chapter.
39 (d) If a school corporation transfers a covered school building
40 in violation of this chapter, the transfer is void. The attorney
41 general or a charter school may bring an action in court against
42 the school corporation and the transferee to enjoin the violation of
2024 IN 270—LS 6975/DI 110 29
1 this chapter and void the transfer of the covered school building.
2 If a charter school brings an action under this subsection and the
3 court finds a school corporation transferred a covered school
4 building in violation of this chapter, the court shall award
5 reasonable attorney's fees to the charter school.
6 SECTION 15. IC 20-26-7.1-11 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 11. IC 20-26-7-47 and this
9 chapter shall be liberally construed to serve the legislative purpose
10 of making closed covered school buildings available for use by
11 charter schools.
12 SECTION 16. IC 20-26-12-1, AS AMENDED BY P.L.201-2023,
13 SECTION 163, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as provided in
15 subsection (b) but notwithstanding any other law, each governing body
16 of a school corporation and each organizer of a charter school shall
17 purchase from a publisher, either individually or through a purchasing
18 cooperative of school corporations, as applicable, the curricular
19 materials selected by the proper local officials, and shall provide at no
20 cost the curricular materials to each student enrolled in the school
21 corporation or charter school. Curricular materials provided to a
22 student under this section remain the property of the governing body of
23 the school corporation or organizer of the charter school.
24 (b) This section does not prohibit a governing body of a school
25 corporation or an organizer of a charter school from assessing and
26 collecting a reasonable fee for lost or significantly damaged curricular
27 materials in accordance with rules established by the state board under
28 subsection (c). (d). Fees collected under this subsection must be
29 deposited in the separate curricular materials account established under
30 IC 20-40-22-9 for the school in which the student was enrolled at the
31 time the fee was imposed.
32 (c) This section does not prohibit a governing body of a school
33 corporation or an organizer of a charter school from assessing and
34 collecting a reasonable fee for supplies and materials that:
35 (1) are not curricular materials; and
36 (2) supplement the instruction in a particular course of study.
37 (c) (d) The state board shall adopt rules under IC 4-22-2, including
38 emergency rules in the manner provided in IC 4-22-2-37.1, to
39 implement this section.
40 SECTION 17. IC 20-28-5.5-1, AS AMENDED BY P.L.250-2023,
41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 1. (a) Subject to section 1.5 of this chapter, the
2024 IN 270—LS 6975/DI 110 30
1 state board shall determine the timing, frequency, whether training
2 requirements can be combined or merged, and the method of training,
3 including whether the training should be required for purposes of
4 obtaining or renewing a license under IC 20-28-5, or, in consultation
5 with teacher preparation programs (as defined in IC 20-28-3-1(b)), as
6 part of the completion requirements for a teacher preparation program
7 for training required under the following sections:
8 IC 20-26-5-34.2.
9 IC 20-28-3-4.5.
10 IC 20-28-3-6.
11 IC 20-28-3-7.
12 IC 20-34-7-6.
13 IC 20-34-7-7.
14 IC 20-34-8-9.
15 However, nothing in this subsection shall be construed to authorize the
16 state board to suspend or otherwise eliminate training requirements
17 described in this subsection.
18 (b) Subject to section 1.5 of this chapter, in addition to the training
19 described in subsection (a), the department shall, in a manner
20 prescribed by the state board:
21 (1) ensure a teacher has training in:
22 (A) cardiopulmonary resuscitation that includes:
23 (i) a test demonstration on a mannequin; and
24 (ii) recognition of the signs and symptoms of seizures and
25 the appropriate actions to respond to the signs and
26 symptoms of seizures;
27 (B) removing a foreign body causing an obstruction in an
28 airway;
29 (C) the Heimlich maneuver; and
30 (D) the use of an automated external defibrillator;
31 (2) ensure a teacher holds a valid certification in each of the
32 procedures described in subdivision (1) issued by:
33 (A) the American Red Cross;
34 (B) the American Heart Association; or
35 (C) a comparable organization or institution approved by the
36 state board; or
37 (3) determine if a teacher has physical limitations that make it
38 impracticable to complete a course or certification described in
39 subdivision (1) or (2).
40 The state board shall determine the timing, frequency, whether training
41 requirements can be combined or merged, and the method of training
42 or certification, including whether the training or certification should
2024 IN 270—LS 6975/DI 110 31
1 be required for purposes of obtaining or renewing a license under
2 IC 20-28-5, or, in consultation with teacher preparation programs (as
3 defined in IC 20-28-3-1(b)), as part of the completion requirements for
4 a teacher preparation program. However, the frequency of the training
5 may not be more frequent and the method of training may not be more
6 stringent than required in IC 20-28-5-3(c) through IC 20-28-5-3(e), as
7 in effect on January 1, 2020. Nothing in this subsection shall be
8 construed to authorize the state board to suspend or otherwise eliminate
9 training requirements described in this subsection.
10 (c) The state board may recommend to the general assembly, in a
11 report in an electronic format under IC 5-14-6, to eliminate training
12 requirements described in subsection (a) or (b).
13 (d) In determining the training requirements for a school
14 corporation, charter school, or state accredited nonpublic school for
15 training required under:
16 (1) IC 20-26-5-34.2;
17 (2) IC 20-28-3-4.5;
18 (3) IC 20-28-3-6; or
19 (4) IC 20-28-3-7;
20 the state board may consider whether a particular teacher received the
21 training described in this subsection as part of the teacher's licensing
22 requirements or at a teacher preparation program when determining
23 whether the particular teacher is required to receive the training by the
24 school corporation, charter school, or state accredited nonpublic
25 school.
26 SECTION 18. IC 20-34-8-9, AS AMENDED BY P.L.187-2023,
27 SECTION 2, AND AS AMENDED BY P.L.250-2023, SECTION 39,
28 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
29 OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
30 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
31 Sec. 9. (a) This section applies to:
32 (1) a head coach or assistant coach who coaches an athletic
33 activity;
34 (2) a marching band leader; or
35 (3) a drama or musical leader; or
36 (3) (4) a leader of an extracurricular activity in which students
37 have an increased risk of sudden cardiac arrest activity as
38 determined by the department in consultation with an
39 organization that specializes in the prevention of sudden cardiac
40 arrest.
41 (b) An individual described in subsection (a) shall complete the
42 sudden cardiac arrest training course offered by a provider approved by
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1 the department in a manner specified by the state board under
2 IC 20-28-5.5-1 or IC 20-28-5.5-1.5. The sudden cardiac arrest training
3 course described in this subsection must include training in the:
4 (1) use of an automated external defibrillator (AED); and
5 (2) recognition of the signs and symptoms of seizures and the
6 appropriate actions to respond to the signs and symptoms of
7 seizures.
8 An individual described in subsection (a) may not coach or lead the
9 athletic activity event in which students have an increased risk of
10 sudden cardiac arrest until the individual completes the training course
11 required under this subsection. The provider shall provide the school
12 with a certificate of completion to the school corporation, charter
13 school, or state accredited nonpublic school for each individual who
14 completes a course under this subsection.
15 (c) Each school corporation, charter school, or state accredited
16 nonpublic school shall maintain all certificates of completion awarded
17 under subsection (b) for each individual described in subsection (a).
18 (d) An individual described in subsection (a) who complies with this
19 section and provides coaching or leadership services in good faith is
20 not personally liable for damages in a civil action as a result of a
21 sudden cardiac arrest incurred by an applicable student participating in
22 an athletic activity event in which students have an increased risk of
23 sudden cardiac arrest for which the head coach, assistant coach,
24 marching band leader, drama or musical leader, or other applicable
25 leader provided coaching or leadership services, except for an act or
26 omission by the individual described in subsection (a) that constitutes
27 gross negligence or willful or wanton misconduct.
28 (e) An individual described in subsection (a) may ensure that an
29 operational automated external defibrillator (AED) is present at each
30 event in which students have an increased risk of sudden cardiac
31 arrest for which the individual described in subsection (a) is providing
32 coaching or leadership.
33 (f) An automated external defibrillator (AED) described in
34 subsection (e) may be:
35 (1) deployed in accordance with the venue specific emergency
36 action plan for sudden cardiac arrest developed under subsection
37 (i);
38 (2) except as provided in subsection (g), located on the premises
39 where the event in which students have an increased risk of
40 sudden cardiac arrest occurs; and
41 (3) present for the duration of the event in which students have an
42 increased risk of sudden cardiac arrest.
2024 IN 270—LS 6975/DI 110 33
1 (g) One (1) automated external defibrillator (AED) may be shared
2 by two (2) or more events in which students have an increased risk of
3 sudden cardiac arrest if the following conditions are met:
4 (1) The events in which students have an increased risk of sudden
5 cardiac arrest occur at the same time.
6 (2) The events in which students have an increased risk of sudden
7 cardiac arrest occur in locations that are in close proximity to
8 each other, as determined by the department.
9 (3) The automated external defibrillator (AED) is placed in a
10 designated location that is between the events in which students
11 have an increased risk of sudden cardiac arrest and meets the
12 requirement of subsection (f)(3).
13 (4) Each individual described in subsection (a) who conducts an
14 event in which students have an increased risk of sudden cardiac
15 arrest described in this subsection is aware of the designated
16 location of the automated external defibrillator (AED).
17 (h) At each event in which students have an increased risk of sudden
18 cardiac arrest, an individual described in subsection (a) may inform
19 all individuals who are coaching or providing leadership at the event
20 in which students have an increased risk of sudden cardiac arrest of
21 the location of the automated external defibrillator (AED).
22 (i) A school corporation, charter school, and state accredited
23 nonpublic school may do the following:
24 (1) Ensure that an automated external defibrillator (AED)
25 described in subsection (e) is properly maintained.
26 (2) Develop a venue specific emergency action plan for sudden
27 cardiac arrest that:
28 (A) establishes a goal of responding within three (3) minutes
29 to a sudden cardiac arrest occurring within the venue; and
30 (B) requires the performance of periodic drills at times and
31 locations determined by the governing body.
32 (3) Distribute the plan described in subdivision (2) to the school
33 board.
34 (4) Share the plan described in subdivision (2) with each
35 individual described in subsection (a).
36 (5) Post the plan described in subdivision (2) in a conspicuous
37 place so that it is visible by any participants of an activity at the
38 venue.
39 (6) Before the beginning of the season of each event in which
40 students have an increased risk of sudden cardiac arrest, share
41 the plan described in subdivision (2) with all applicable students.
42 (j) A school corporation, a charter school, a state accredited
2024 IN 270—LS 6975/DI 110 34
1 nonpublic school (as defined in IC 20-18-2-18.7), or an accredited
2 nonpublic school (as defined in IC 10-21-1-1) may apply for a grant
3 under IC 10-21-1-2(a)(1)(C)(viii) to purchase an automated external
4 defibrillator (AED) if the school corporation, charter school, state
5 accredited nonpublic school or accredited nonpublic school develops
6 a venue specific emergency action plan for sudden cardiac arrest.
7 SECTION 19. IC 20-35-2-1, AS AMENDED BY P.L.43-2021,
8 SECTION 114, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is established under the
10 state board a division of special education. The division shall exercise
11 all the power and duties set out in this chapter, IC 20-35-3 through
12 IC 20-35-6, and IC 20-35-8.
13 (b) The governor shall appoint, upon the recommendation of the
14 secretary of education, a director of special education who serves at the
15 pleasure of the governor. The amount of compensation of the director
16 shall be determined by the budget agency with the approval of the
17 governor. The director has the following duties:
18 (1) To do the following:
19 (A) Have general supervision of special education programs
20 and services, including those conducted by school
21 corporations, charter schools, the Indiana School for the Blind
22 and Visually Impaired, the Indiana School for the Deaf, the
23 department of correction, and the division of mental health and
24 addiction to ensure compliance with federal and state special
25 education laws and rules.
26 (B) Take appropriate action to ensure school corporations,
27 charter schools, and the department remain eligible for federal
28 special education funds.
29 (C) Oversee the training of hearing officers and establish
30 guidelines as described in IC 20-35-14-5.
31 (2) With the consent of the secretary of education and the budget
32 agency, to appoint and determine salaries for any assistants and
33 other personnel needed to enable the director to accomplish the
34 duties of the director's office.
35 SECTION 20. IC 20-35-14 IS ADDED TO THE INDIANA CODE
36 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]:
38 Chapter 14. Employment of Independent Hearing Officers
39 Sec. 1. As used in this chapter, "IDEA" refers to the federal
40 Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
41 Sec. 2. As used in this chapter, "office" has the meaning set
42 forth in IC 4-15-10.5-6.
2024 IN 270—LS 6975/DI 110 35
1 Sec. 3. (a) The office has jurisdiction over hearing officers
2 authorized to conduct hearings required by the IDEA.
3 (b) The office is granted jurisdiction to conduct hearings
4 described in subsection (a) as permitted under IC 4-15-10.5-12.
5 Sec. 4. Not later than August 1, 2024, the department and the
6 office shall enter into a memorandum of understanding regarding
7 the transition to hearing officers employed by the office as
8 full-time, salaried, state employees to act as and satisfy the
9 requirements regarding independent hearing officers under the
10 IDEA.
11 Sec. 5. The director of special education appointed under
12 IC 20-35-2-1 shall:
13 (1) oversee the training of hearing officers; and
14 (2) establish guidelines for hearing officers who conduct
15 hearings under this chapter, including guidelines to ensure
16 compliance with state and federal special education laws and
17 rules.
18 Sec. 6. Funds distributed to the state of Indiana under the IDEA
19 may be used for hearing officers described in this chapter, as
20 allowed by federal law.
21 SECTION 21. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
22 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 MAY 10, 2024]: Sec. 5. (a) Money in the fund may be used for any
24 lawful school expenses, including making a transfer to the school
25 corporation's education fund (IC 20-40-2) or operations fund (IC
26 20-40-18).
27 (b) Except as provided in IC 20-46-1-21, a school corporation may
28 distribute proceeds of a tax levy collected under IC 20-46-1 that is
29 transferred to the school corporation's education fund to a charter
30 school, excluding a virtual charter school, that is located within the
31 attendance area of the school corporation.
32 SECTION 22. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
33 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 MAY 10, 2024]: Sec. 8. (a) Subject to subsections (e) and (f) and (g)
35 and this chapter, the governing body of a school corporation may adopt
36 a resolution to place a referendum under this chapter on the ballot for
37 any of the following purposes:
38 (1) The governing body of the school corporation determines that
39 it cannot, in a calendar year, carry out its public educational duty
40 unless it imposes a referendum tax levy under this chapter.
41 (2) The governing body of the school corporation determines that
42 a referendum tax levy under this chapter should be imposed to
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1 replace property tax revenue that the school corporation will not
2 receive because of the application of the credit under
3 IC 6-1.1-20.6.
4 (3) Except for resolutions described in subsection (b), the
5 governing body makes the determination required under
6 subdivision (1) or (2) and determines to share a portion of the
7 referendum proceeds with a charter school, excluding a virtual
8 charter school, in the manner prescribed in subsection (e).
9 (b) A resolution for a referendum for a county described in section
10 21 of this chapter that is adopted after May 10, 2023, shall specify that
11 a portion of the proceeds collected from the proposed levy will be
12 distributed to applicable charter schools in the manner described under
13 section 21 of this chapter.
14 (c) The governing body of the school corporation shall certify a
15 copy of the resolution to place a referendum on the ballot to the
16 following:
17 (1) The department of local government finance, including:
18 (A) the language for the question required by section 10 of this
19 chapter, or in the case of a resolution to extend a referendum
20 levy certified to the department of local government finance
21 after March 15, 2016, section 10.1 of this chapter; and
22 (B) a copy of the revenue spending plan adopted under
23 subsection (g).
24 The language of the public question must include the estimated
25 average percentage increases certified by the county auditor under
26 section 10(e) or 10.1(f) of this chapter, as applicable. The
27 governing body of the school corporation shall also provide the
28 county auditor's certification described in section 10(e) or 10.1(f)
29 of this chapter, as applicable. The department of local government
30 finance shall post the values certified by the county auditor to the
31 department's website. The department shall review the language
32 for compliance with section 10 or 10.1 of this chapter, whichever
33 is applicable, and either approve or reject the language. The
34 department shall send its decision to the governing body of the
35 school corporation not more than ten (10) days after the resolution
36 is submitted to the department. If the language is approved, the
37 governing body of the school corporation shall certify a copy of
38 the resolution, including the language for the question and the
39 department's approval.
40 (2) The county fiscal body of each county in which the school
41 corporation is located (for informational purposes only).
42 (3) The circuit court clerk of each county in which the school
2024 IN 270—LS 6975/DI 110 37
1 corporation is located.
2 (d) If a school safety referendum tax levy under IC 20-46-9 has been
3 approved by the voters in a school corporation at any time in the
4 previous three (3) years, the school corporation may not:
5 (1) adopt a resolution to place a referendum under this chapter on
6 the ballot; or
7 (2) otherwise place a referendum under this chapter on the ballot.
8 (e) Except as provided in section 21 of this chapter, the resolution
9 described in subsection (a) must indicate whether proceeds in the
10 school corporation's education fund collected from a tax levy under this
11 chapter will be used to provide a distribution to a charter school or
12 charter schools, excluding a virtual charter school, under IC 20-40-3-5
13 as well as the amount that will be distributed to the particular charter
14 school or charter schools. A school corporation may request from the
15 designated charter school or charter schools any financial
16 documentation necessary to demonstrate the financial need of the
17 charter school or charter schools.
18 (f) (e) This subsection applies to a resolution described in
19 subsection (a) for a county described in section 21(a) section 21 of this
20 chapter that is adopted after May 10, 2023. The resolution described in
21 subsection (a) shall include a projection of the amount that the school
22 corporation expects to be distributed to a particular charter school,
23 excluding virtual charter schools or adult high schools, under section
24 21 of this chapter if the charter school voluntarily elects to participate
25 in the referendum in the manner described in subsection (i). (h). At
26 least sixty (60) days before the resolution described in subsection (a)
27 is voted on by the governing body, the school corporation shall contact
28 the department to determine the number of students in kindergarten
29 through grade 12 who have legal settlement in the school corporation
30 but attend a charter school, excluding virtual charter schools or adult
31 high schools, and who receive not more than fifty percent (50%) virtual
32 instruction. The department shall provide the school corporation with
33 the number of students with legal settlement in the school corporation
34 who attend a charter school and who receive not more than fifty percent
35 (50%) virtual instruction, which shall be disaggregated for each
36 particular charter school, excluding a virtual charter school or adult
37 high school. The projection may include an expected increase in
38 charter schools during the term the levy is imposed under this chapter.
39 The department of local government finance shall prescribe the manner
40 in which the projection shall be calculated. The governing body shall
41 take into consideration the projection when adopting the revenue
42 spending plan under subsection (g). (f).
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1 (g) (f) As part of the resolution described in subsection (a), the
2 governing body of the school corporation shall adopt a revenue
3 spending plan for the proposed referendum tax levy that includes:
4 (1) an estimate of the amount of annual revenue expected to be
5 collected if a levy is imposed under this chapter;
6 (2) the specific purposes for which the revenue collected from a
7 levy imposed under this chapter will be used;
8 (3) an estimate of the annual dollar amounts that will be expended
9 for each purpose described in subdivision (2); and
10 (4) for a resolution for a referendum that is adopted after May 10,
11 2023, for a county as described in section 21(a) 21 of this chapter,
12 the projected revenue that shall be distributed to charter schools
13 as provided in subsections (f) (e) and (i). (h). The revenue
14 spending plan shall also take into consideration deviations in the
15 proposed revenue spending plan if the actual charter school
16 distributions exceed or are lower than the projected charter school
17 distributions described in subsection (f). (e). The resolution shall
18 include for each charter school that elects to participate under
19 subsection (i) (h) information described in subdivisions (1)
20 through (3).
21 (h) (g) A school corporation shall specify in its proposed budget the
22 school corporation's revenue spending plan adopted under subsection
23 (g) (f) and annually present the revenue spending plan at its public
24 hearing on the proposed budget under IC 6-1.1-17-3.
25 (i) (h) This subsection applies to a resolution described in
26 subsection (a) for a county described in section 21(a) 21 of this chapter
27 that is adopted after May 10, 2023. At least forty-five (45) days before
28 the resolution described in subsection (a) is voted on by the governing
29 body, the school corporation shall contact each charter school,
30 excluding virtual charter schools or adult high schools, disclosed by the
31 department to the school corporation under subsection (f) (e) to
32 determine whether the charter school will participate in the
33 referendum. The charter school must respond in writing to the school
34 corporation at least fifteen (15) days prior to the date that the resolution
35 described in subsection (a) is to be voted on by the governing body. If
36 the charter school elects to not participate in the referendum, the school
37 corporation may exclude distributions to the charter school under
38 section 21 of this chapter and from the projection described in
39 subsection (f). (e). If the charter school elects to participate in the
40 referendum, the charter school may must receive distributions under
41 section 21 of this chapter and must be included in the projection
42 described in subsection (f). (e). In addition, a charter school that elects
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1 to participate in the referendum under this subsection shall contribute
2 a proportionate share of the cost to conduct the referendum based on
3 the total combined ADM of the school corporation and any
4 participating charter schools.
5 (j) (i) This subsection applies to a resolution described in subsection
6 (a) for a county described in section 21(a) 21 of this chapter that is
7 adopted after May 10, 2023. At least thirty (30) days before the
8 resolution described in subsection (a) is voted on by the governing
9 body, the school corporation that is pursuing the resolution and any
10 charter school that has elected to participate under subsection (i), (h),
11 shall post a referendum disclosure statement on each school's
12 respective website that contains the following information:
13 (1) The salaries of all employees employed by the school
14 corporation or charter school listed from highest salary to lowest
15 salary.
16 (2) An acknowledgment that the school corporation or charter
17 school is not committing any crime described in IC 35-44.1-1.
18 (3) A link to the school corporation's or charter school's most
19 recent state board of accounts audit on the state board of accounts'
20 website.
21 (4) The current enrollment of the school corporation or charter
22 school disaggregated by student group and race.
23 (5) The school corporation's or charter school's high school
24 graduation rate.
25 (6) The school corporation's or charter school's annual retention
26 rate for teachers for the previous five (5) years.
27 SECTION 23. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
28 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 MAY 10, 2024]: Sec. 8.5. (a) A resolution to extend a referendum levy
30 must be:
31 (1) adopted by the governing body of a school corporation; and
32 (2) approved in a referendum under this chapter;
33 before December 31 of the final calendar year in which the school
34 corporation's previously approved referendum levy is imposed under
35 this chapter.
36 (b) For a resolution adopted under this section:
37 (1) after May 10, 2023, for a county described in section 21(a) of
38 this chapter; and
39 (2) after May 10, 2024, for all counties as described in section
40 21(b) of this chapter;
41 the resolution must include the projected charter school distributions
42 described in section 8(f) 8(e) of this chapter and indicate the
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1 distributions to applicable charter schools in accordance with section
2 21 of this chapter.
3 SECTION 24. IC 20-46-1-21, AS ADDED BY P.L.189-2023,
4 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 MAY 10, 2024]: Sec. 21. (a) This section applies to revenue received
6 from a resolution that is approved by the governing body to impose a
7 referendum levy under section 8 or 8.5 of this chapter after May 10,
8 2023, and before May 10, 2024, for a school corporation located in:
9 (1) Lake County;
10 (2) Marion County;
11 (3) St. Joseph County; or
12 (4) Vanderburgh County.
13 (b) This section applies to revenue received from a resolution
14 that is approved by the governing body to impose a referendum
15 levy under section 8 or 8.5 of this chapter after May 10, 2024, for
16 a school corporation.
17 (b) (c) The county auditor in which the school corporation is located
18 shall distribute an amount under subsection (d) (e) to each charter
19 school, excluding virtual charter schools or adult high schools, that a
20 student who resides within the attendance area of the school
21 corporation attends if the charter school elects to participate in the
22 referendum under section 8(i) 8(h) of this chapter. The department
23 shall provide the county auditor with data and information necessary
24 for the county auditor to determine:
25 (1) which charter schools are eligible to receive a distribution
26 under this section; and
27 (2) the number of students who reside within the attendance area
28 of the school corporation who are included in the ADM for each
29 charter school, excluding virtual charter schools or adult high
30 schools, described in subdivision (1).
31 (c) (d) The following schools are not eligible to receive a
32 distribution under this section:
33 (1) A virtual charter school.
34 (2) An adult high school.
35 (d) (e) For the purposes of the calculations made in this subsection,
36 each eligible school that has entered into an agreement with a school
37 corporation to participate as a participating innovation network charter
38 school under IC 20-25.7-5 is considered to have an ADM that is
39 separate from the school corporation. The amount that the county
40 auditor shall distribute to a charter school, excluding virtual charter
41 schools or adult high schools, under this section is the amount
42 determined in the last STEP of the following STEPS:
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1 STEP ONE: Determine, for each charter school, excluding virtual
2 charter schools or adult high schools, that is eligible to receive a
3 distribution under this section, the number of students who reside
4 within the attendance area of the school corporation who are
5 currently included in the ADM of the charter school.
6 STEP TWO: Determine the sum of:
7 (A) the current ADM count for the school corporation; plus
8 (B) total number of all students who reside within the
9 attendance area of the school corporation who are currently
10 included in the ADM of a charter school, excluding virtual
11 charter schools or adult high schools.
12 STEP THREE: Determine the result of:
13 (A) the STEP ONE amount; divided by
14 (B) the STEP TWO amount.
15 STEP FOUR: Determine the result of:
16 (A) the STEP THREE amount; multiplied by
17 (B) the amount collected by the county auditor during the most
18 recent installment period.
19 SECTION 25. IC 21-18-6-8 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
21 UPON PASSAGE]: Sec. 8. (a) The commission shall do the
22 following:
23 (1) Study and make recommendations regarding allowing:
24 (A) Ivy Tech Community College to award bachelor's
25 degrees; and
26 (B) Vincennes University to offer additional programs that
27 lead to a bachelor's degree.
28 (2) Not later than October 31, 2024, do the following:
29 (A) Prepare a report regarding the study and
30 recommendations described in subdivision (1).
31 (B) Submit the report to the general assembly in an
32 electronic format under IC 5-14-6.
33 (b) This section expires January 1, 2025.
34 SECTION 26. An emergency is declared for this act.
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