Indiana Senate Bill SB0270 Comm Sub / Bill

                    *SB0270.1*
January 26, 2024
SENATE BILL No. 270
_____
DIGEST OF SB 270 (Updated January 24, 2024 4:52 pm - DI 110)
Citations Affected:  IC 20-19; IC 20-24; IC 20-26; IC 20-28;
IC 20-34; IC 20-35; IC 20-40; IC 20-46; IC 21-18.
Synopsis:  Various education matters. Requires the department of
education 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. 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 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
(Continued next page)
Effective:  Upon passage; May 4, 2023 (retroactive); May 10, 2024;
July 1, 2024.
Rogers, Buchanan
January 16, 2024, read first time and referred to Committee on Education and Career
Development.
January 25, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 270—LS 6975/DI 110 Digest Continued
provisions, the transfer is void and allows for a court action with the
award of attorney's fees. 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.
SB 270—LS 6975/DI 110SB 270—LS 6975/DI 110 January 26, 2024
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 20-19-3-33 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 33. (a) The department shall study the
4 following:
5 (1) Creating a clearinghouse for each region of Indiana that
6 enables all high schools, approved postsecondary educational
7 institutions (as defined in IC 21-7-13-6(a)), and employers in
8 the applicable region to exchange information through a
9 website regarding internship opportunities and for which
10 each user of the clearinghouse uses information forms that
11 are standardized for all regions.
12 (2) Selecting a single nonprofit organization to design,
13 operate, and maintain all the regional clearinghouses
14 described in subdivision (1).
15 (b) In carrying out subsection (a), the department may consult
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1 with the department of workforce development and the
2 commission for higher education.
3 (c) Not later than October 31, 2024, the department shall do the
4 following:
5 (1) Prepare a report regarding:
6 (A) information concerning the study under subsection (a),
7 including the costs of creating; and
8 (B) any recommendations regarding the creation of;
9 a clearinghouse for each region as described in subsection (a).
10 (2) Submit the report prepared under subdivision (1) to the
11 general assembly in an electronic format under IC 5-14-6.
12 SECTION 2. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 MAY 10, 2024]: Sec. 6. (a) With the approval of a majority of the
15 members of the governing body, a school corporation may distribute a
16 proportionate share of the school corporation's operations fund to a
17 charter school. A charter school may elect to distribute a proportionate
18 share of the charter school's operations fund to the school corporation
19 in whose district the charter school is located.
20 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
21 governing body may distribute money that is received as part of a tax
22 levy collected under IC 20-46-1 from the school corporation's
23 education fund to a charter school, excluding a virtual charter school,
24 in the manner provided by IC 20-46-1-8(e).
25 (c) (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
26 governing body may distribute money from the school safety
27 referendum tax levy fund to a charter school, excluding a virtual
28 charter school, in the manner prescribed by IC 20-46-9-6(b).
29 SECTION 3. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023,
30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 MAY 10, 2024]: Sec. 6.2. (a) This section applies to a levy resulting
32 from a resolution to place a referendum on the ballot adopted by the
33 governing body under IC 20-46-1-8, IC 20-46-1-8.5, IC 20-46-9-6, or
34 IC 20-46-9-7:
35 (1) after May 10, 2023, for counties described in IC 20-46-1-21(a)
36 and IC 20-46-9-22(a); and
37 (2) after May 10, 2024, for all counties as described in
38 IC 20-46-1-21(b).
39 (b) The county auditor in the county in which the applicable school
40 corporation is located shall distribute money that is received as part of
41 a tax levy collected under IC 20-46-1 to an applicable charter school,
42 excluding a virtual charter school, in the manner provided by
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1 IC 20-46-1-21.
2 (c) The county auditor in the county in which the applicable school
3 corporation is located shall distribute money that is received as part of
4 a tax levy collected under IC 20-46-9 to an applicable charter school,
5 excluding a virtual charter school, in the manner prescribed by
6 IC 20-46-9-22.
7 (d) A charter school that may receive money from a school
8 corporation's tax levy collected under IC 20-46-1 or a school safety
9 referendum tax levy under IC 20-46-9 may not promote a position on
10 is prohibited from promoting a referendum in the same manner as a
11 school corporation is prohibited from promoting a position on a
12 referendum under IC 20-46-1-20.
13 (e) If a charter school receives a distribution from a school
14 corporation from the school corporation's tax levy collected under
15 IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9,
16 the charter school must post the following on the charter school's
17 website:
18 (1) The specific purposes for which the revenue received from the
19 tax levy will be used.
20 (2) An estimate of the annual dollar amounts that will be
21 expended for each purpose described in subdivision (1).
22 SECTION 4. IC 20-26-5-4, AS AMENDED BY P.L.201-2023,
23 SECTION 160, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) In carrying out the school
25 purposes of a school corporation, the governing body acting on the
26 school corporation's behalf has the following specific powers:
27 (1) In the name of the school corporation, to sue and be sued and
28 to enter into contracts in matters permitted by applicable law.
29 However, a governing body may not use funds received from the
30 state to bring or join in an action against the state, unless the
31 governing body is challenging an adverse decision by a state
32 agency, board, or commission.
33 (2) To take charge of, manage, and conduct the educational affairs
34 of the school corporation and to establish, locate, and provide the
35 necessary schools, school libraries, other libraries where
36 permitted by law, other buildings, facilities, property, and
37 equipment.
38 (3) To appropriate from the school corporation's general fund
39 (before January 1, 2019) or the school corporation's operations
40 fund (after December 31, 2018) an amount, not to exceed the
41 greater of three thousand dollars ($3,000) per budget year or one
42 dollar ($1) per pupil, not to exceed twelve thousand five hundred
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1 dollars ($12,500), based on the school corporation's ADM of the
2 previous year (as defined in IC 20-43-1-7) to promote the best
3 interests of the school corporation through:
4 (A) the purchase of meals, decorations, memorabilia, or
5 awards;
6 (B) provision for expenses incurred in interviewing job
7 applicants; or
8 (C) developing relations with other governmental units.
9 (4) To do the following:
10 (A) Acquire, construct, erect, maintain, hold, and contract for
11 construction, erection, or maintenance of real estate, real estate
12 improvements, or an interest in real estate or real estate
13 improvements, as the governing body considers necessary for
14 school purposes, including buildings, parts of buildings,
15 additions to buildings, rooms, gymnasiums, auditoriums,
16 playgrounds, playing and athletic fields, facilities for physical
17 training, buildings for administrative, office, warehouse, repair
18 activities, or housing school owned buses, landscaping, walks,
19 drives, parking areas, roadways, easements and facilities for
20 power, sewer, water, roadway, access, storm and surface
21 water, drinking water, gas, electricity, other utilities and
22 similar purposes, by purchase, either outright for cash (or
23 under conditional sales or purchase money contracts providing
24 for a retention of a security interest by the seller until payment
25 is made or by notes where the contract, security retention, or
26 note is permitted by applicable law), by exchange, by gift, by
27 devise, by eminent domain, by lease with or without option to
28 purchase, or by lease under IC 20-47-2, IC 20-47-3, or
29 IC 20-47-5.
30 (B) Repair, remodel, remove, or demolish, or to contract for
31 the repair, remodeling, removal, or demolition of the real
32 estate, real estate improvements, or interest in the real estate
33 or real estate improvements, as the governing body considers
34 necessary for school purposes.
35 (C) Provide for conservation measures through utility
36 efficiency programs or under a guaranteed savings contract as
37 described in IC 36-1-12.5.
38 (5) To acquire personal property or an interest in personal
39 property as the governing body considers necessary for school
40 purposes, including buses, motor vehicles, equipment, apparatus,
41 appliances, books, furniture, and supplies, either by cash purchase
42 or under conditional sales or purchase money contracts providing
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1 for a security interest by the seller until payment is made or by
2 notes where the contract, security, retention, or note is permitted
3 by applicable law, by gift, by devise, by loan, or by lease with or
4 without option to purchase and to repair, remodel, remove,
5 relocate, and demolish the personal property. All purchases and
6 contracts specified under the powers authorized under subdivision
7 (4) and this subdivision are subject solely to applicable law
8 relating to purchases and contracting by municipal corporations
9 in general and to the supervisory control of state agencies as
10 provided in section 6 of this chapter.
11 (6) To sell or exchange real or personal property or interest in real
12 or personal property that, in the opinion of the governing body, is
13 not necessary for school purposes, in accordance with IC 20-26-7
14 and IC 20-26-7.1, to demolish or otherwise dispose of the
15 property if, in the opinion of the governing body, the property is
16 not necessary for school purposes and is worthless, and to pay the
17 expenses for the demolition or disposition.
18 (7) Except as provided under subsections (c) and (d), to lease
19 any school property for a rental that the governing body considers
20 reasonable or to permit the free use of school property for:
21 (A) civic or public purposes; or
22 (B) the operation of a school age child care program for
23 children who are at least five (5) years of age and less than
24 fifteen (15) years of age that operates before or after the school
25 day, or both, and during periods when school is not in session;
26 if the property is not needed for school purposes. the school
27 property continues to be used primarily for classroom
28 instruction by the school corporation, is not subject to closure
29 under IC 20-26-7-47, and is not a covered school building that
30 must be made available for lease or purchase under
31 IC 20-26-7.1. Under this subdivision, the governing body may
32 enter into a long term lease or use agreement with a nonprofit
33 corporation, community service organization, or other
34 governmental entity, if the corporation, organization, or other
35 governmental entity will use the property to be leased for civic or
36 public purposes or for a school age child care program. However,
37 if payment for the property subject to a long term lease or use
38 agreement is made from money in the school corporation's debt
39 service fund, all proceeds from the long term lease or use
40 agreement must be deposited in the school corporation's debt
41 service fund so long as payment for the property has not been
42 made. The governing body may, at the governing body's option,
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1 use the procedure specified in IC 36-1-11-10 in leasing property
2 under this subdivision. If the school property is not being used
3 primarily for classroom instruction or is subject to closure
4 under IC 20-26-7-47, the governing body must first comply
5 with IC 20-26-7 and IC 20-26-7.1 before leasing the school
6 property under this subdivision.
7 (8) To do the following:
8 (A) Employ, contract for, and discharge superintendents,
9 supervisors, principals, teachers, librarians, athletic coaches
10 (whether or not they are otherwise employed by the school
11 corporation and whether or not they are licensed under
12 IC 20-28-5), business managers, superintendents of buildings
13 and grounds, janitors, engineers, architects, physicians,
14 dentists, nurses, accountants, teacher aides performing
15 noninstructional duties, educational and other professional
16 consultants, data processing and computer service for school
17 purposes, including the making of schedules, the keeping and
18 analyzing of grades and other student data, the keeping and
19 preparing of warrants, payroll, and similar data where
20 approved by the state board of accounts as provided below,
21 and other personnel or services as the governing body
22 considers necessary for school purposes.
23 (B) Fix and pay the salaries and compensation of persons and
24 services described in this subdivision that are consistent with
25 IC 20-28-9-1.5.
26 (C) Classify persons or services described in this subdivision
27 and to adopt a compensation plan with a salary range that is
28 consistent with IC 20-28-9-1.5.
29 (D) Determine the number of the persons or the amount of the
30 services employed or contracted for as provided in this
31 subdivision.
32 (E) Determine the nature and extent of the duties of the
33 persons described in this subdivision.
34 The compensation, terms of employment, and discharge of
35 teachers are, however, subject to and governed by the laws
36 relating to employment, contracting, compensation, and discharge
37 of teachers. The compensation, terms of employment, and
38 discharge of bus drivers are subject to and governed by laws
39 relating to employment, contracting, compensation, and discharge
40 of bus drivers.
41 (9) Notwithstanding the appropriation limitation in subdivision
42 (3), when the governing body by resolution considers a trip by an
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1 employee of the school corporation or by a member of the
2 governing body to be in the interest of the school corporation,
3 including attending meetings, conferences, or examining
4 equipment, buildings, and installation in other areas, to permit the
5 employee to be absent in connection with the trip without any loss
6 in pay and to reimburse the employee or the member the
7 employee's or member's reasonable lodging and meal expenses
8 and necessary transportation expenses. To pay teaching personnel
9 for time spent in sponsoring and working with school related trips
10 or activities.
11 (10) Subject to IC 20-27-13, to transport children to and from
12 school, when in the opinion of the governing body the
13 transportation is necessary, including considerations for the safety
14 of the children. The transportation must be otherwise in
15 accordance with applicable law.
16 (11) To provide a lunch program for a part or all of the students
17 attending the schools of the school corporation, including the
18 establishment of kitchens, kitchen facilities, kitchen equipment,
19 lunch rooms, the hiring of the necessary personnel to operate the
20 lunch program, and the purchase of material and supplies for the
21 lunch program, charging students for the operational costs of the
22 lunch program, fixing the price per meal or per food item. To
23 operate the lunch program as an extracurricular activity, subject
24 to the supervision of the governing body. To participate in a
25 surplus commodity or lunch aid program.
26 (12) To:
27 (A) purchase curricular materials and to furnish curricular
28 materials without cost; and
29 (B) assess and collect a reasonable fee for lost or significantly
30 damaged curricular materials.
31 (13) To accept students transferred from other school corporations
32 and to transfer students to other school corporations in accordance
33 with applicable law.
34 (14) To make budgets, to appropriate funds, and to disburse the
35 money of the school corporation in accordance with applicable
36 law. To borrow money against current tax collections and
37 otherwise to borrow money, in accordance with IC 20-48-1.
38 (15) To purchase insurance or to establish and maintain a
39 program of self-insurance relating to the liability of the school
40 corporation or the school corporation's employees in connection
41 with motor vehicles or property and for additional coverage to the
42 extent permitted and in accordance with IC 34-13-3-20. To
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1 purchase additional insurance or to establish and maintain a
2 program of self-insurance protecting the school corporation and
3 members of the governing body, employees, contractors, or agents
4 of the school corporation from liability, risk, accident, or loss
5 related to school property, school contract, school or school
6 related activity, including the purchase of insurance or the
7 establishment and maintenance of a self-insurance program
8 protecting persons described in this subdivision against false
9 imprisonment, false arrest, libel, or slander for acts committed in
10 the course of the persons' employment, protecting the school
11 corporation for fire and extended coverage and other casualty
12 risks to the extent of replacement cost, loss of use, and other
13 insurable risks relating to property owned, leased, or held by the
14 school corporation. In accordance with IC 20-26-17, to:
15 (A) participate in a state employee health plan under
16 IC 5-10-8-6.7;
17 (B) purchase insurance; or
18 (C) establish and maintain a program of self-insurance;
19 to benefit school corporation employees, including accident,
20 sickness, health, or dental coverage, provided that a plan of
21 self-insurance must include an aggregate stop-loss provision.
22 (16) To make all applications, to enter into all contracts, and to
23 sign all documents necessary for the receipt of aid, money, or
24 property from the state, the federal government, or from any other
25 source.
26 (17) To defend a member of the governing body or any employee
27 of the school corporation in any suit arising out of the
28 performance of the member's or employee's duties for or
29 employment with, the school corporation, if the governing body
30 by resolution determined that the action was taken in good faith.
31 To save any member or employee harmless from any liability,
32 cost, or damage in connection with the performance, including the
33 payment of legal fees, except where the liability, cost, or damage
34 is predicated on or arises out of the bad faith of the member or
35 employee, or is a claim or judgment based on the member's or
36 employee's malfeasance in office or employment.
37 (18) To prepare, make, enforce, amend, or repeal rules,
38 regulations, and procedures:
39 (A) for the government and management of the schools,
40 property, facilities, and activities of the school corporation, the
41 school corporation's agents, employees, and pupils and for the
42 operation of the governing body; and
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1 (B) that may be designated by an appropriate title such as
2 "policy handbook", "bylaws", or "rules and regulations".
3 (19) To ratify and approve any action taken by a member of the
4 governing body, an officer of the governing body, or an employee
5 of the school corporation after the action is taken, if the action
6 could have been approved in advance, and in connection with the
7 action to pay the expense or compensation permitted under
8 IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1,
9 IC 20-40-12, and IC 20-48-1 or any other law.
10 (20) To exercise any other power and make any expenditure in
11 carrying out the governing body's general powers and purposes
12 provided in this chapter or in carrying out the powers delineated
13 in this section which is reasonable from a business or educational
14 standpoint in carrying out school purposes of the school
15 corporation, including the acquisition of property or the
16 employment or contracting for services, even though the power or
17 expenditure is not specifically set out in this chapter. The specific
18 powers set out in this section do not limit the general grant of
19 powers provided in this chapter except where a limitation is set
20 out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
21 IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
22 specific language or by reference to other law.
23 (b) A superintendent hired under subsection (a)(8):
24 (1) is not required to hold a teacher's license under IC 20-28-5;
25 and
26 (2) is required to have obtained at least a master's degree from an
27 accredited postsecondary educational institution.
28 (c) The governing body acting on the school corporation's behalf
29 may renew a lease or memorandum of understanding described in
30 IC 20-26-7.1-3(d) with a nonprofit organization as described in
31 IC 20-26-7.1-3(d).
32 (d) The governing body acting on the school corporation's
33 behalf may lease any school property for a rental to one (1) or both
34 of the following:
35 (1) The Indiana School for the Blind and Visually Impaired
36 established by IC 20-21-2-1.
37 (2) The Indiana School for the Deaf established by
38 IC 20-22-2-1.
39 This subsection expires June 30, 2030.
40 SECTION 5. IC 20-26-7-47, AS ADDED BY P.L.189-2023,
41 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 47. (a) The following definitions apply throughout
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1 this section:
2 (1) "Covered school building" has the meaning set forth in
3 IC 20-26-7.1-2.1.
4 (2) "Current school year" refers to a year in which the governing
5 body is required to conduct a review of school building usage
6 under subsection (c).
7 (3) "Enrollment" refers to the following:
8 (A) Except as provided in clause (B), students counted in
9 ADM (as defined in IC 20-43-1-6) in the first count date for a
10 school year fixed under IC 20-43-4-3.
11 (B) With regard to a school corporation, students counted in a
12 school corporation's fall count of ADM minus all students
13 counted in the fall count of ADM who are enrolled in eligible
14 schools that:
15 (i) have entered into an agreement with the school
16 corporation to participate as a participating innovation
17 network charter school under IC 20-25.7-5; and
18 (ii) are included in the school corporation's fall ADM count.
19 (4) "Interested person" has the meaning set forth in
20 IC 20-26-7.1-2.2.
21 (b) This section applies to a school corporation only if:
22 (1) the total student enrollment for in-person instruction in the
23 school corporation in the current school year is at least ten percent
24 (10%) less than the student enrollment for in-person instruction
25 in the school corporation in a school year that precedes the
26 current school year by five (5); and
27 (2) the school corporation in the current school year has more
28 than one (1) school building serving the same grade level as the
29 school building subject to closure under this section.
30 (c) Each school year, the governing body of a school corporation
31 shall review the usage of school buildings used by the school
32 corporation to determine whether any school building should be closed
33 for the ensuing school year and subsequent school years.
34 (d) A school corporation may shall close a school building for the
35 ensuing school year (and subsequent school years) if:
36 (1) at any time the school building had been used for classroom
37 instruction;
38 (2) in the current school year and the two (2) school years
39 immediately preceding the current school year the school building
40 was underutilized for classroom instruction purposes or other
41 allowable uses specified by this section;
42 (3) as of the end of the school year before the school building is
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1 required to be closed under this section, the school corporation
2 was not subject to a transitional plan adopted by the governing
3 body and approved by the department to use the school building
4 for an allowable use not later than the next school year after the
5 school building is otherwise required to be closed under this
6 section;
7 (4) in the case of a school building that was used in any part in the
8 current school year for instructional purposes, the school
9 corporation has another school building:
10 (A) with sufficient capacity to take the students using the
11 school building being considered for closure; and
12 (B) that does not require more than twenty (20) minutes of
13 travel time by car or bus from the school building being
14 considered for closure; and
15 (5) the school building is not a school building described in
16 IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or
17 IC 20-26-7.1-3(d).
18 (e) For purposes of this section, a school building is underutilized
19 in a school year if the school building is not used for any of the
20 following allowable uses:
21 (1) The number of full-time equivalent students enrolled for
22 in-person instruction in the school building on instructional days
23 (as determined under IC 20-30-2) for instructional purposes,
24 averaged over the current school year and the two (2) school years
25 immediately preceding the current school year, is at least sixty
26 percent (60%) fifty percent (50%) of:
27 (A) the known classroom design capacity of the school
28 building; or
29 (B) if the design capacity is not known, the average maximum
30 full-time equivalent enrollment in any of the last twenty-five
31 (25) years, as validated by records created or maintained by
32 the department.
33 (2) The school corporation demonstrates through facts included
34 in a resolution that the school building is being used and that it is
35 financially prudent to continue to use the school building,
36 considering all community resources, for a distinct student
37 population that reasonably cannot be served through integration
38 with the general school population, such as students attending an
39 alternative education program (as defined in IC 20-30-8-1).
40 However, to be an allowable use under this subdivision, the
41 average number of full-time equivalent students using the school
42 building in a school year for instructional purposes must be at
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1 least thirty percent (30%) of:
2 (A) the known classroom design capacity of the school
3 building; or
4 (B) if the design capacity is not known, the average maximum
5 full-time equivalent enrollment in any of the last twenty-five
6 (25) years, as validated by records created or maintained by
7 the department; and
8 (if multiple school buildings are used for the same purposes)
9 combining the student populations into fewer school buildings is
10 not reasonably feasible.
11 (3) The school corporation demonstrates through facts included
12 in a resolution that the school building is being used and that it is
13 financially prudent to continue to use the school building,
14 considering all community resources, for administrative or other
15 school offices. However, to be an allowable use under this
16 subdivision, at least fifty percent (50%) of the square footage of
17 the school building must be used for offices, the personnel
18 headquartered in the school building must consistently use the
19 space for office purposes, and the occupancy cost of using the
20 school building cannot be more than comparable office space that
21 is available in the school district.
22 (4) The school corporation demonstrates through facts included
23 in a resolution that the school building is being used and that it is
24 financially prudent to continue to use the school building,
25 considering all community resources, for storage. However, to be
26 an allowable use under this subdivision, at least fifty percent
27 (50%) of the square footage of the school building must be used
28 for storage, on average the storage space must be used to capacity,
29 and the cost of using the school building for storage must be less
30 than comparable storage space that is available in the school
31 district.
32 (5) The school corporation demonstrates through facts included
33 in a resolution that the school building is being used and that it is
34 financially prudent to continue to use the school building,
35 considering all community resources, for a combination of office
36 space and storage. However, to be an allowable use under this
37 subdivision, at least fifty percent (50%) of the square footage of
38 the school building must be used for a combination of office
39 space and storage and:
40 (A) the personnel headquartered in the school building must
41 consistently use the office space for office purposes, and the
42 occupancy cost of using the office space, calculated using the
SB 270—LS 6975/DI 110 13
1 costs of operating the school building, cannot be more than
2 comparable office space that is available in the school district;
3 and
4 (B) on average, the storage space must be used to capacity and
5 the cost of using the school building for storage must be less
6 than comparable storage space that is available in the school
7 district.
8 (f) Closure of a school building that is:
9 (1) owned by the school corporation or any other entity that is
10 related in any way to, or created by, the school corporation or the
11 governing body; or
12 (2) jointly owned in the same manner by two (2) or more school
13 corporations;
14 shall be carried out in conformity with IC 20-26-7.1.
15 (g) Before filing a petition under subsection (h), a charter school or
16 state educational institution that is interested in a school corporation's
17 school building must give written notice to the school corporation to
18 determine whether an agreement can be reached regarding the school
19 corporation making the school building available for lease or purchase
20 under IC 20-26-7.1.
21 (h) If an agreement is not reached within forty-five (45) days after
22 the date that the school corporation receives the notice under
23 subsection (g), the charter school or state educational institution may
24 petition the department to initiate or the department on its own may
25 initiate a proceeding for a determination as to whether a school
26 building meets the criteria for closure under this section or a covered
27 school building that is no longer used for classroom instruction by a
28 school corporation should be made available under IC 20-26-7.1. If a
29 charter school or state educational institution petitions the department
30 under this subsection, the charter school or state educational institution
31 must provide a copy of the petition to the applicable school
32 corporation.
33 (i) An interested person that is not otherwise a party to the
34 proceeding may intervene in the proceeding under subsection (h) as a
35 party. The school corporation has the burden of going forward with the
36 evidence and the burden of proof to demonstrate that the school
37 building does not meet the criteria for closure or the covered school
38 building is not required to be made available under IC 20-26-7.1.
39 (j) Not more than sixty (60) days after receiving notice of a petition
40 under subsection (h), the school corporation must:
41 (1) file a response to the petition that notifies the department that
42 the school corporation:
SB 270—LS 6975/DI 110 14
1 (A) is not contesting the petition; or
2 (B) is contesting the petition and states the facts upon which
3 the school corporation relies in contesting the petition; and
4 (2) provide a copy of the response to the petitioner and any
5 intervening party.
6 (k) If the school corporation:
7 (1) files a response that the school corporation is not contesting
8 the petition; or
9 (2) fails to submit a timely response under subsection (j);
10 the department shall issue an order granting the petition. A petition and
11 any response or reply are public documents.
12 (l) If a school corporation contests a petition under subsection (j),
13 a party to the proceeding has not more than sixty (60) days after the
14 date that the school corporation files a response under subsection (j) to
15 submit a reply to the school corporation's response.
16 (m) The department shall make a determination regarding a petition
17 under subsection (h) not more than one hundred twenty (120) days after
18 the date that the:
19 (1) petitioner and any intervening party have submitted a reply
20 under subsection (l); or
21 (2) time period to reply under subsection (l) has expired.
22 (n) A school corporation or another party to the proceeding may file
23 with the state board a petition requesting review of the department's
24 determination. Upon receipt of a petition under this subsection, the
25 state board shall review the department's determination. An appeal to
26 the state board shall be subject to the procedure described in
27 IC 20-26-11-15(b).
28 (o) Upon the issuance of a final unappealable order granting a
29 petition, the school corporation may shall make the school building
30 available for lease or purchase in accordance with IC 20-26-7.1.
31 SECTION 6. IC 20-26-7.1-1, AS AMENDED BY P.L.189-2023,
32 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 MAY 4, 2023 (RETROACTIVE)]: Sec. 1. (a) For purposes of this
34 section, "charter school" does not include a virtual charter school
35 or an adult high school.
36 (b) This chapter does not apply to the following:
37 (1) A school building that since July 1, 2011, is leased or loaned
38 by the school corporation that owns the school building to another
39 entity, if the entity is not a building corporation or other entity that
40 is related in any way to, or created by, the school corporation or
41 the governing body.
42 (2) A school corporation that distributes money that is received as
SB 270—LS 6975/DI 110 15
1 part of a tax levy collected under IC 20-46-1 or IC 20-46-9 to an
2 applicable charter school.
3 (2) A school corporation to which all of the following apply:
4 (A) The county auditor distributes revenue after May 10,
5 2023, as required under IC 20-46-1-21 to each charter
6 school described in IC 20-46-1-21(c).
7 (B) If the school corporation listed in IC 20-46-9-22
8 receives revenue from a school safety referendum tax levy
9 under IC 20-46-9, the county auditor distributes revenue
10 after May 10, 2023, as required under IC 20-46-9-22 to
11 each charter school described in IC 20-46-9-22(b).
12 (3) A school corporation to which all of the following apply:
13 (A) The school corporation approves a resolution after
14 May 10, 2023, to impose an operating referendum tax levy
15 under IC 20-46-1 after May 10, 2023, that includes sharing
16 the revenue from the referendum tax levy in the amounts
17 described in clause (B) with each charter school that:
18 (i) a student who resides within the attendance area of
19 the school corporation attends; and
20 (ii) elects to participate in the referendum.
21 (B) The amount of referendum tax levy revenue that the
22 school corporation is required to share with each charter
23 school under the resolution described in clause (A) is equal
24 to the amount determined applying the formula under
25 IC 20-46-1-21(e).
26 (C) The referendum tax levy described in clause (A) is
27 approved by the voters.
28 (D) The school corporation distributes the amounts
29 described in clause (B) to each charter school described in
30 clause (A).
31 (E) If the school corporation receives revenue from a
32 school safety referendum tax levy under IC 20-46-9, the
33 school corporation shares the revenue from the school
34 safety referendum tax levy with each charter school that:
35 (i) a student who resides within the attendance area of
36 the school corporation attends; and
37 (ii) elects to participate in the referendum;
38 in an amount equal to the amount determined applying the
39 formula under IC 20-46-9-22(d).
40 SECTION 7. IC 20-26-7.1-3, AS AMENDED BY P.L.189-2023,
41 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 1 of this
SB 270—LS 6975/DI 110 16
1 chapter or subsection (b), (c), or (d), before a governing body may sell,
2 exchange, lease, demolish, hold without operating, or dispose of a
3 covered school building, a governing body shall make available for
4 lease or purchase by a charter school or state educational institution
5 any covered school building owned by the school corporation or any
6 other entity that is related in any way to, or created by, the school
7 corporation or the governing body, including a building corporation,
8 that the governing body elects to close or the school corporation is
9 required to close under IC 20-26-7-47, in order for the covered school
10 building to be used by a:
11 (1) charter school to conduct prekindergarten through grade 12
12 classroom instruction; or
13 (2) state educational institution for an academic purpose.
14 (b) The following are not required to comply with this chapter:
15 (1) A governing body that vacates a covered school building in
16 order to:
17 (A) renovate the covered school building for a future
18 allowable use by the school corporation as permitted under
19 IC 20-26-7-47; or
20 (B) demolish the covered school building, in whole or part,
21 and build a new school building or an addition to a school
22 building on the same site as the demolished building.
23 (2) An emergency manager of a distressed school corporation
24 under IC 6-1.1-20.3.
25 (3) The governing body of the School City of East Chicago school
26 corporation for the Carrie Gosch Elementary School building.
27 (4) A school corporation that has had a designation as a
28 distressed political subdivision under IC 6-1.1-20.3 within the
29 previous three (3) years.
30 (c) This section does not apply to a covered school building in
31 which a governing body under IC 20-26-5-4(a)(7) entered a lease prior
32 to January 1, 2019, with a state accredited nonpublic school. In
33 addition, the governing body may, during or at the expiration of the
34 term of such lease, sell the school building leased under
35 IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually
36 agreed to by the governing body and the nonpublic school.
37 (d) This section does not apply to a covered school building of a
38 school corporation to which the following apply:
39 (1) The school corporation had, before January 1, 2023, entered
40 into a lease or memorandum of understanding with a nonprofit
41 organization exempt from federal taxation under Section
42 501(c)(3) through 501(c)(7) of the Internal Revenue Code for the
SB 270—LS 6975/DI 110 17
1 use of the covered school building.
2 (2) The lease or memorandum of understanding described in
3 subdivision (1):
4 (A) continues in effect;
5 (B) is renewed; or
6 (C) is replaced by a new lease or memorandum of
7 understanding that is entered into between the school
8 corporation and the nonprofit organization described in
9 subdivision (1).
10 (3) The nonprofit organization described in subdivision (1) uses
11 the covered school building for an educational purpose
12 throughout the term of any lease or memorandum of
13 understanding.
14 If at any time the conditions under subdivisions (2) and (3) are not met,
15 the covered school building is subject to IC 20-26-7-47 and this
16 chapter.
17 (e) A covered school building that a school corporation closes or is
18 required to close may not be retained by the school corporation for
19 storage or office use unless the conditions of IC 20-26-7-47(e)(3),
20 IC 20-26-7-47(e)(4), or IC 20-26-7-47(e)(5) are met.
21 SECTION 8. IC 20-26-7.1-4, AS AMENDED BY P.L.189-2023,
22 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 4. (a) A school corporation shall notify the
24 department Not later than thirty (30) days after the date the a governing
25 body elects to close of a school corporation determines at a public
26 meeting to cease using a covered school building and include with the
27 notification whether the school corporation contends that the building
28 should or should not be made available as provided by this chapter.
29 The school corporation shall notify the department in the annual report
30 required under IC 20-26-7-48 that the school corporation elects to or
31 is required under IC 20-26-7-47 to close a covered school building. The
32 notice must be in the annual report submitted under IC 20-26-7-48 after
33 the school elects to or is required to close the covered school building.
34 The department shall notify interested persons concerning the
35 availability of a covered school building under subsection (d). for
36 classroom instruction on student instructional days (as described
37 in IC 20-30-2-2) for a school year as required under IC 20-30-2-3,
38 a school corporation shall provide written notice to the department
39 regarding the date that the covered school building has ceased or
40 will cease being used for classroom instruction as described in this
41 subsection.
42 (b) If the school corporation does not intend to make a covered
SB 270—LS 6975/DI 110 18
1 school building available for lease or purchase in accordance with
2 this chapter, the school corporation shall state in the notice
3 required under subsection (a) the factual and legal basis for the
4 school corporation's contention that the covered school building is
5 not required to be made available under this chapter. Any claim
6 for exclusion from a requirement to make the covered school
7 building available under this chapter which is not stated in the
8 notice under this subsection is waived.
9 (c) If a school corporation does not provide notice to the
10 department under subsection (a), any claim for exclusion from a
11 requirement to make the covered school building available under
12 this chapter is waived.
13 (d) Not later than fifteen (15) days after the date that the
14 department receives a notice from a school corporation under
15 subsection (a), the department shall provide written notice to all
16 interested persons regarding the notice from the school
17 corporation submitted under subsection (a).
18 (e) If a notice from a school corporation under subsection (a)
19 acknowledges that the covered school building will be made
20 available in accordance with this chapter, the department's notice
21 to interested persons shall provide that any notice of interest by an
22 interested person for the covered school building must be
23 submitted to the department not later than sixty (60) days after the
24 date the interested person receives the department's notice under
25 subsection (d).
26 (f) If a notice from a school corporation under subsection (a)
27 includes a claim that the covered school building will not be made
28 available under this chapter, an interested person may submit to
29 the department, not later than thirty (30) days after the date the
30 interested person receives the notice from the department under
31 subsection (d), a rebuttal to the factual and legal basis for the
32 school corporation's contention that the covered school building is
33 not required to be made available under this chapter.
34 (g) The department shall, not later than sixty (60) days after the
35 date that a rebuttal is due under subsection (f), issue a
36 determination to the school corporation and interested persons as
37 to whether the covered school building must be made available
38 under this chapter. The department shall publish a copy of the
39 department's determination on the department's website.
40 (h) Not later than thirty (30) days after the date that the
41 department issues a determination under subsection (g), a school
42 corporation or interested person may appeal the determination to
SB 270—LS 6975/DI 110 19
1 the state board. An appeal to the state board shall be subject to the
2 procedure described in IC 20-26-11-15(b).
3 (b) (i) Not later than fifteen (15) days after:
4 (1) the department receives the earliest notice under subsection
5 (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 order to
8 close a covered school building is issued under IC 20-26-7-47;
9 the governing body shall take the actions specified by this subsection
10 and subsection (c). The department shall order a school corporation to
11 comply with this subsection and subsection (c) and request that the
12 attorney general enforce the order under section 9(a) of this chapter.
13 (1) the time expires for an appeal of the state board of a
14 department determination under subsection (g) or
15 IC 20-26-7-47 that a covered school building be made
16 available; or
17 (2) a determination by the state board that a covered school
18 building is to be made available is issued;
19 the governing body shall take the actions specified by subsection
20 (j). If the governing body fails to take the actions, the department
21 shall request that the attorney general enforce the order under
22 section 9(a) of this chapter.
23 (c) (j) If a covered school building is to be made available, the
24 governing body shall do the following:
25 (1) Make the covered school building available for inspection by
26 a charter school or state educational institution that notifies the
27 department that it is interested in leasing or purchasing the
28 covered school building.
29 (2) Make the following information available to a charter school
30 or state educational institution described in subdivision (1):
31 (A) Estimates of the operating expenses for the covered school
32 building for the past three (3) years.
33 (B) Written information regarding the condition of the covered
34 school building, including the age of the roof and the HVAC
35 system, and any known conditions which, in the governing
36 body's opinion, require prompt repair or replacement.
37 (C) A legal description of the property.
38 (d) Not later than fifteen (15) days after the earlier of:
39 (1) receiving the earliest notice under subsection (a); or
40 (2) if the department determines that a covered school building
41 qualifies for closure under IC 20-26-7-47, the date a final
42 unappealable order to close a covered school building is issued
SB 270—LS 6975/DI 110 20
1 under IC 20-26-7-47;
2 the department shall place a notice on the department's website that the
3 covered school building is available for purchase or lease under this
4 chapter and provide written notification to each interested person,
5 including the date when the covered school building will close, no
6 longer be used, or become vacant.
7 (k) If the governing body fails to take the actions required under
8 subsection (j), a charter school having notified the school
9 corporation of its interest in the covered school building is entitled
10 to an injunction requiring the governing body to take the actions
11 under subsection (j).
12 (e) (l) The school corporation shall lease the covered school
13 building to a charter school or state educational institution for one
14 dollar ($1) per year for as long as the state educational institution uses
15 the covered school building for an academic purpose or the charter
16 school uses the covered school building for classroom instruction, for
17 a term at the state educational institution's or charter school's
18 discretion, or sell the covered school building for one dollar ($1), if the
19 charter school or state educational institution does the following:
20 (1) Within ninety (90) days of receiving the department's notice
21 under subsection (d), a charter school or state educational
22 institution must submit a preliminary request to purchase or lease
23 the covered school building.
24 (2) Subject to subsection (f), (m), within ninety (90) days of
25 receiving the department's notice under subsection (d), (i), a
26 charter school or state educational institution must submit to the
27 school corporation the following information:
28 (A) The name of the charter school or state educational
29 institution that is interested in leasing or purchasing the
30 covered school building.
31 (B) A time frame, which may not exceed two (2) three (3)
32 years from the date that the covered school building is to be
33 closed, no longer used, or no longer occupied, in which the:
34 (i) charter school intends to begin providing classroom
35 instruction in the covered school building; or
36 (ii) state educational institution intends to begin using the
37 covered school building for an academic purpose.
38 (C) A resolution, adopted by the board of the charter school or
39 state educational institution stating that the board of the
40 charter school or state educational institution has determined
41 that, after the charter school or state educational institution has
42 made any necessary repairs or modifications, the covered
SB 270—LS 6975/DI 110 21
1 school building will be sufficient to meet the charter school's
2 or state educational institution's needs and can be operated
3 within the charter school's or state educational institution's
4 budget.
5 (f) (m) If the department does not receive any preliminary requests
6 to purchase or lease a covered school building within the time frame
7 described in subsection (e)(1), (l)(1), the department shall send
8 notification to the school corporation that the department has not
9 received any preliminary requests to purchase or lease the covered
10 school building. Upon receipt of the notification under this subsection,
11 the school corporation may sell or otherwise dispose of the covered
12 school building in accordance with IC 36-1-11, IC 20-25-4-14, and
13 IC 20-26-5-4(a)(7).
14 (g) (n) If only one (1) charter school submits a preliminary request
15 to purchase or lease the covered school building, the department shall
16 notify the school corporation of the identity of the charter school and
17 direct the school corporation to complete a sale or lease to the charter
18 school in accordance with subsection (k). (r). In the event that two (2)
19 or more charter schools submit a preliminary request to purchase or
20 lease a covered school building within the time frame described in
21 subsection (e)(1), (l)(1), the department shall send notification to each
22 interested person and the school corporation that the department has
23 received two (2) or more preliminary requests under this section. An
24 authorizer committee shall be established, with each statewide
25 authorizer that has authorized one (1) or more charter schools
26 appointing a representative, and the committee shall establish the
27 chairperson and procedures for the committee. Within sixty (60) days
28 of receiving notice under this subsection, the committee shall select
29 which charter school may proceed under subsection (k) (r) to purchase
30 or lease the covered school building or determine if two (2) or more
31 charter schools should co-locate within the covered school building.
32 The committee shall base the committee's decision on the following
33 criteria:
34 (1) Preference shall be given to existing charter schools that have
35 a proven track record of student academic performance.
36 (2) If two (2) or more charter schools of proven academic
37 performance are competing and only one (1) charter school is
38 operating in the county in which the covered school building is
39 located, the charter school in the same county as the covered
40 school building shall be given preference.
41 In the event that the committee determines that two (2) or more charter
42 schools should co-locate in the covered school building, the charter
SB 270—LS 6975/DI 110 22
1 schools have sixty (60) days to submit a memorandum of
2 understanding stating that the charter schools shall be jointly and
3 severally liable for the obligations related to the sale or lease of the
4 covered school building, and specifying how the charter schools will
5 utilize the covered school building and share responsibility for
6 operational, maintenance, and renovation expenses. If the charter
7 schools are unable to agree, the charter schools shall be deemed to have
8 revoked their prior request regarding the lease or sale of the covered
9 school building. The committee shall give notice of the committee's
10 decision to the school corporation and each interested person. A charter
11 school that is not selected by the committee may appeal the decision to
12 the state board not more than thirty (30) days after receipt of the
13 committee's decision. The state board shall issue a final order in the
14 appeal not more than sixty (60) days after receipt of a properly filed
15 appeal. Notice of the appeal and the final order in the appeal must be
16 given to the school corporation.
17 (h) (o) If a charter school does not submit a preliminary request to
18 purchase or lease the covered school building and only one (1) state
19 educational institution submits a preliminary request to purchase or
20 lease the covered school building, the department shall:
21 (1) notify the school corporation of the identity of the state
22 educational institution; and
23 (2) direct the school corporation to complete a sale or lease to the
24 state educational institution in accordance with subsection (k).
25 (r).
26 (i) (p) If one (1) or more state educational institutions submit
27 preliminary requests to purchase or lease a covered school building, a
28 selection committee shall be established consisting of one (1) member
29 appointed by the executive of the largest city or town in the county in
30 which the covered school building is located, one (1) member
31 appointed by the city or town council of the largest city or town in the
32 county in which the covered school building is located, one (1) member
33 appointed by the county commissioners of the county in which the
34 covered school building is located, one (1) member appointed by the
35 county council of the county in which the covered school building is
36 located, and one (1) member appointed by the chamber of commerce
37 of the county in which the covered school building is located.
38 (j) (q) Not later than sixty (60) days after the date that a member is
39 appointed under subsection (i), (p), the committee shall:
40 (1) select which state educational institution may proceed to
41 purchase or lease the covered school building; or
42 (2) determine whether more than one (1) state educational
SB 270—LS 6975/DI 110 23
1 institution should co-locate within the covered school building.
2 In making the committee's determination, the committee shall give
3 preference to a state educational institution whose proposed use of the
4 covered school building is assessed as having the greatest educational
5 benefit for prekindergarten through grade 12 education. A committee
6 determination under this subsection may not be appealed.
7 (k) (r) A school corporation shall lease the covered school building
8 for one dollar ($1) per year to the charter school or state educational
9 institution for as long as the:
10 (1) charter school uses the covered school building for classroom
11 instruction for any combination of kindergarten through grade 12;
12 or
13 (2) state educational institution uses the covered school building
14 for an academic purpose.
15 The term of the lease shall be established at the charter school's or state
16 educational institution's discretion and include an option for the state
17 educational institution or charter school to purchase the covered school
18 building for one dollar ($1). Alternatively, the school corporation shall
19 sell the covered school building to the charter school or state
20 educational institution for one dollar ($1), if the charter school or state
21 educational institution has met the requirements set forth in subsection
22 (e) (l) and uses the covered school building in the manner prescribed
23 by this subsection. If the charter school or state educational institution
24 selected to lease or purchase the covered school building has met the
25 requirements under subsection (e), (l), the school corporation has not
26 more than ninety (90) days after the date notice of a final unappealable
27 decision is received by the school corporation to complete the lease or
28 sale of the covered school building to the charter school or state
29 educational institution. If the transaction is not completed within ninety
30 (90) days, the department or the selected charter school or state
31 educational institution may, under section 9 of this chapter, request that
32 the attorney general enforce the sale or lease or may file suit to enforce
33 the sale or lease. If a charter school or state educational institution has
34 not met the requirements under subsection (e), (l), the school
35 corporation may sell or otherwise dispose of the covered school
36 building in accordance with IC 36-1-11, IC 20-25-4-14, and
37 IC 20-26-5-4(a)(7).
38 SECTION 9. IC 20-26-7.1-5, AS AMENDED BY P.L.189-2023,
39 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 5. (a) If:
41 (1) a covered school building is sold to a charter school or state
42 educational institution under section 4 of this chapter; and
SB 270—LS 6975/DI 110 24
1 (2) the charter school or state educational institution described in
2 subdivision (1) no longer intends to use the covered school
3 building for the purposes described in section 4(e) 4(l) of this
4 chapter;
5 the charter school or state educational institution shall offer to transfer
6 the covered school building back to the school corporation that initially
7 sold the covered school building to the charter school or state
8 educational institution.
9 (b) If a school corporation described in subsection (a) declines the
10 offer to transfer a covered school building back to the school
11 corporation, the charter school or state educational institution may sell
12 or transfer the covered school building to a third party. If a charter
13 school or state educational institution sells or transfers a covered
14 school building to a third party under this subsection, the charter school
15 or state educational institution must transfer an amount equal to the
16 gain in the property minus the adjusted basis (including costs of
17 improvements to the covered school building) to the school corporation
18 that initially sold the covered school building to the charter school or
19 state educational institution. Gain and adjusted basis shall be
20 determined in the manner prescribed by the Internal Revenue Code and
21 the applicable Internal Revenue Service regulations and guidelines.
22 (c) A charter school or state educational institution that purchases
23 a covered school building assumes total control of the covered school
24 building and must maintain the covered school building, including
25 utilities, insurance, maintenance, and repairs. In the event a:
26 (1) charter school does not use the covered school building for
27 classroom instruction; or
28 (2) state educational institution does not use the covered school
29 building for an academic purpose;
30 within two (2) years after acquiring the covered school building, the
31 covered school building shall revert to the school corporation, which
32 may sell or otherwise dispose of the covered school building under
33 IC 36-1-11.
34 SECTION 10. IC 20-26-7.1-5.3, AS ADDED BY P.L.189-2023,
35 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 5.3. (a) This section applies to a covered school
37 building to which the following apply:
38 (1) The covered school building was purchased or leased by a
39 charter school under this chapter.
40 (2) The total student enrollment for in-person instruction in
41 the school building in the current school year is at least ten
42 percent (10%) less than the student enrollment for in-person
SB 270—LS 6975/DI 110 25
1 instruction in the school building in a school year that
2 precedes the current school year by five (5).
3 (b) A school corporation may not petition the department under
4 subsection (c) within the first five (5) years after a charter school
5 purchased or initially leased a covered school building under this
6 chapter.
7 (c) Subject to subsection (f), if the number of full-time equivalent
8 students enrolled for in-person instruction in a school building on
9 instructional days (as determined under IC 20-30-2) for instructional
10 purposes for a school year is not at least sixty fifty percent (60%)
11 (50%) of
12 (1) the known classroom design capacity of the school building,
13 or
14 (2) if the design capacity is not known, the average maximum
15 full-time equivalent enrollment in any of the last twenty-five (25)
16 years, as validated by records created or maintained by the
17 department;
18 the school corporation that leased or sold the school building to the
19 charter school may file a petition with the department requesting that
20 the charter school transfer the school building back to the school
21 corporation.
22 (d) Before filing a petition under subsection (c), the school
23 corporation must give written notice to the charter school to determine
24 whether an agreement can be reached regarding transferring the school
25 building to the school corporation.
26 (e) A petition filed under this section is subject to the same
27 procedures under IC 20-26-7-47 as a petition filed under
28 IC 20-26-7-47(h).
29 (f) For purposes of determining classroom design capacity
30 under subsection (c), if a charter school reconfigures a school
31 building after the charter school leases or purchases the school
32 building, the classroom design capacity must be determined based
33 on the reconfigured school building and not the classroom design
34 capacity of the school building at the time of the lease or purchase.
35 SECTION 11. IC 20-26-7.1-9, AS AMENDED BY P.L.189-2023,
36 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 9. (a) The attorney general, in consultation with
38 the department and state board, is authorized to take any action
39 necessary to enforce a department or state board order under
40 IC 20-26-7-47 or this chapter (or an order issued by the attorney
41 general under this chapter (as effective before July 1, 2023)), including
42 equitable actions to enjoin or mandate an action of a school
SB 270—LS 6975/DI 110 26
1 corporation. No final court order shall be issued until the school
2 corporation has had ninety (90) days after the department or state board
3 has issued a final order to complete a sale or lease of the covered
4 school building.
5 (b) If the attorney general does not commence legal action for an
6 injunction to enforce a final order to make a covered school building
7 available for purchase or lease under this chapter within one hundred
8 (100) days after the date the final order was issued, the a charter school
9 or state educational institution that submitted the preliminary notice of
10 interest to acquire or lease the covered school building provides, any
11 time before one hundred (100) days after the date the final order
12 was issued, a written notice of interest to purchase or lease the
13 school building to the:
14 (1) school corporation;
15 (2) department; and
16 (3) office of the attorney general;
17 may file a civil action to enforce this chapter.
18 (b) (c) In addition to the remedy under subsection subsections (a)
19 and (b), if a school corporation does not comply with the requirements
20 to sell or lease a covered school building under this chapter, the school
21 corporation shall submit any proceeds from the sale of the covered
22 school building to the state board, which shall be distributed equally
23 between each charter school located in the attendance area of the
24 school corporation. If no charter schools are located in the attendance
25 area, the state board must use the proceeds to provide grants under the
26 charter school and innovation grant program under IC 20-24-13. The
27 attorney general is authorized to initiate any legal action necessary to
28 ensure compliance with this chapter, including ensuring compliance
29 by the department regarding providing notification to interested
30 persons under section 4 of this chapter.
31 (d) If a school corporation transfers a covered school building
32 in violation of this chapter, the transfer is void. The attorney
33 general or a charter school may bring an action in court against
34 the school corporation and the transferee to enjoin the violation of
35 this chapter and void the transfer of the covered school building.
36 If a charter school brings an action under this subsection and the
37 court finds a school corporation transferred a covered school
38 building in violation of this chapter, the court shall award
39 reasonable attorney's fees to the charter school.
40 SECTION 12. IC 20-26-7.1-11 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2024]: Sec. 11. IC 20-26-7-47 and this
SB 270—LS 6975/DI 110 27
1 chapter shall be liberally construed to serve the legislative purpose
2 of making closed covered school buildings available for use by
3 charter schools.
4 SECTION 13. IC 20-28-5.5-1, AS AMENDED BY P.L.250-2023,
5 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 1. (a) Subject to section 1.5 of this chapter, the
7 state board shall determine the timing, frequency, whether training
8 requirements can be combined or merged, and the method of training,
9 including whether the training should be required for purposes of
10 obtaining or renewing a license under IC 20-28-5, or, in consultation
11 with teacher preparation programs (as defined in IC 20-28-3-1(b)), as
12 part of the completion requirements for a teacher preparation program
13 for training required under the following sections:
14 IC 20-26-5-34.2.
15 IC 20-28-3-4.5.
16 IC 20-28-3-6.
17 IC 20-28-3-7.
18 IC 20-34-7-6.
19 IC 20-34-7-7.
20 IC 20-34-8-9.
21 However, nothing in this subsection shall be construed to authorize the
22 state board to suspend or otherwise eliminate training requirements
23 described in this subsection.
24 (b) Subject to section 1.5 of this chapter, in addition to the training
25 described in subsection (a), the department shall, in a manner
26 prescribed by the state board:
27 (1) ensure a teacher has training in:
28 (A) cardiopulmonary resuscitation that includes:
29 (i) a test demonstration on a mannequin; and
30 (ii) recognition of the signs and symptoms of seizures and
31 the appropriate actions to respond to the signs and
32 symptoms of seizures;
33 (B) removing a foreign body causing an obstruction in an
34 airway;
35 (C) the Heimlich maneuver; and
36 (D) the use of an automated external defibrillator;
37 (2) ensure a teacher holds a valid certification in each of the
38 procedures described in subdivision (1) issued by:
39 (A) the American Red Cross;
40 (B) the American Heart Association; or
41 (C) a comparable organization or institution approved by the
42 state board; or
SB 270—LS 6975/DI 110 28
1 (3) determine if a teacher has physical limitations that make it
2 impracticable to complete a course or certification described in
3 subdivision (1) or (2).
4 The state board shall determine the timing, frequency, whether training
5 requirements can be combined or merged, and the method of training
6 or certification, including whether the training or certification should
7 be required for purposes of obtaining or renewing a license under
8 IC 20-28-5, or, in consultation with teacher preparation programs (as
9 defined in IC 20-28-3-1(b)), as part of the completion requirements for
10 a teacher preparation program. However, the frequency of the training
11 may not be more frequent and the method of training may not be more
12 stringent than required in IC 20-28-5-3(c) through IC 20-28-5-3(e), as
13 in effect on January 1, 2020. Nothing in this subsection shall be
14 construed to authorize the state board to suspend or otherwise eliminate
15 training requirements described in this subsection.
16 (c) The state board may recommend to the general assembly, in a
17 report in an electronic format under IC 5-14-6, to eliminate training
18 requirements described in subsection (a) or (b).
19 (d) In determining the training requirements for a school
20 corporation, charter school, or state accredited nonpublic school for
21 training required under:
22 (1) IC 20-26-5-34.2;
23 (2) IC 20-28-3-4.5;
24 (3) IC 20-28-3-6; or
25 (4) IC 20-28-3-7;
26 the state board may consider whether a particular teacher received the
27 training described in this subsection as part of the teacher's licensing
28 requirements or at a teacher preparation program when determining
29 whether the particular teacher is required to receive the training by the
30 school corporation, charter school, or state accredited nonpublic
31 school.
32 SECTION 14. IC 20-34-8-9, AS AMENDED BY P.L.187-2023,
33 SECTION 2, AND AS AMENDED BY P.L.250-2023, SECTION 39,
34 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
35 OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
36 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
37 Sec. 9. (a) This section applies to:
38 (1) a head coach or assistant coach who coaches an athletic
39 activity;
40 (2) a marching band leader; or
41 (3) a drama or musical leader; or
42 (3) (4) a leader of an extracurricular activity in which students
SB 270—LS 6975/DI 110 29
1 have an increased risk of sudden cardiac arrest activity as
2 determined by the department in consultation with an
3 organization that specializes in the prevention of sudden cardiac
4 arrest.
5 (b) An individual described in subsection (a) shall complete the
6 sudden cardiac arrest training course offered by a provider approved by
7 the department in a manner specified by the state board under
8 IC 20-28-5.5-1 or IC 20-28-5.5-1.5. The sudden cardiac arrest training
9 course described in this subsection must include training in the:
10 (1) use of an automated external defibrillator (AED); and
11 (2) recognition of the signs and symptoms of seizures and the
12 appropriate actions to respond to the signs and symptoms of
13 seizures.
14 An individual described in subsection (a) may not coach or lead the
15 athletic activity event in which students have an increased risk of
16 sudden cardiac arrest until the individual completes the training course
17 required under this subsection. The provider shall provide the school
18 with a certificate of completion to the school corporation, charter
19 school, or state accredited nonpublic school for each individual who
20 completes a course under this subsection.
21 (c) Each school corporation, charter school, or state accredited
22 nonpublic school shall maintain all certificates of completion awarded
23 under subsection (b) for each individual described in subsection (a).
24 (d) An individual described in subsection (a) who complies with this
25 section and provides coaching or leadership services in good faith is
26 not personally liable for damages in a civil action as a result of a
27 sudden cardiac arrest incurred by an applicable student participating in
28 an athletic activity event in which students have an increased risk of
29 sudden cardiac arrest for which the head coach, assistant coach,
30 marching band leader, drama or musical leader, or other applicable
31 leader provided coaching or leadership services, except for an act or
32 omission by the individual described in subsection (a) that constitutes
33 gross negligence or willful or wanton misconduct.
34 (e) An individual described in subsection (a) may ensure that an
35 operational automated external defibrillator (AED) is present at each
36 event in which students have an increased risk of sudden cardiac
37 arrest for which the individual described in subsection (a) is providing
38 coaching or leadership.
39 (f) An automated external defibrillator (AED) described in
40 subsection (e) may be:
41 (1) deployed in accordance with the venue specific emergency
42 action plan for sudden cardiac arrest developed under subsection
SB 270—LS 6975/DI 110 30
1 (i);
2 (2) except as provided in subsection (g), located on the premises
3 where the event in which students have an increased risk of
4 sudden cardiac arrest occurs; and
5 (3) present for the duration of the event in which students have an
6 increased risk of sudden cardiac arrest.
7 (g) One (1) automated external defibrillator (AED) may be shared
8 by two (2) or more events in which students have an increased risk of
9 sudden cardiac arrest if the following conditions are met:
10 (1) The events in which students have an increased risk of sudden
11 cardiac arrest occur at the same time.
12 (2) The events in which students have an increased risk of sudden
13 cardiac arrest occur in locations that are in close proximity to
14 each other, as determined by the department.
15 (3) The automated external defibrillator (AED) is placed in a
16 designated location that is between the events in which students
17 have an increased risk of sudden cardiac arrest and meets the
18 requirement of subsection (f)(3).
19 (4) Each individual described in subsection (a) who conducts an
20 event in which students have an increased risk of sudden cardiac
21 arrest described in this subsection is aware of the designated
22 location of the automated external defibrillator (AED).
23 (h) At each event in which students have an increased risk of sudden
24 cardiac arrest, an individual described in subsection (a) may inform
25 all individuals who are coaching or providing leadership at the event
26 in which students have an increased risk of sudden cardiac arrest of
27 the location of the automated external defibrillator (AED).
28 (i) A school corporation, charter school, and state accredited
29 nonpublic school may do the following:
30 (1) Ensure that an automated external defibrillator (AED)
31 described in subsection (e) is properly maintained.
32 (2) Develop a venue specific emergency action plan for sudden
33 cardiac arrest that:
34 (A) establishes a goal of responding within three (3) minutes
35 to a sudden cardiac arrest occurring within the venue; and
36 (B) requires the performance of periodic drills at times and
37 locations determined by the governing body.
38 (3) Distribute the plan described in subdivision (2) to the school
39 board.
40 (4) Share the plan described in subdivision (2) with each
41 individual described in subsection (a).
42 (5) Post the plan described in subdivision (2) in a conspicuous
SB 270—LS 6975/DI 110 31
1 place so that it is visible by any participants of an activity at the
2 venue.
3 (6) Before the beginning of the season of each event in which
4 students have an increased risk of sudden cardiac arrest, share
5 the plan described in subdivision (2) with all applicable students.
6 (j) A school corporation, a charter school, a state accredited
7 nonpublic school (as defined in IC 20-18-2-18.7), or an accredited
8 nonpublic school (as defined in IC 10-21-1-1) may apply for a grant
9 under IC 10-21-1-2(a)(1)(C)(viii) to purchase an automated external
10 defibrillator (AED) if the school corporation, charter school, state
11 accredited nonpublic school or accredited nonpublic school develops
12 a venue specific emergency action plan for sudden cardiac arrest.
13 SECTION 15. IC 20-35-2-1, AS AMENDED BY P.L.43-2021,
14 SECTION 114, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is established under the
16 state board a division of special education. The division shall exercise
17 all the power and duties set out in this chapter, IC 20-35-3 through
18 IC 20-35-6, and IC 20-35-8.
19 (b) The governor shall appoint, upon the recommendation of the
20 secretary of education, a director of special education who serves at the
21 pleasure of the governor. The amount of compensation of the director
22 shall be determined by the budget agency with the approval of the
23 governor. The director has the following duties:
24 (1) To do the following:
25 (A) Have general supervision of special education programs
26 and services, including those conducted by school
27 corporations, charter schools, the Indiana School for the Blind
28 and Visually Impaired, the Indiana School for the Deaf, the
29 department of correction, and the division of mental health and
30 addiction to ensure compliance with federal and state special
31 education laws and rules.
32 (B) Take appropriate action to ensure school corporations,
33 charter schools, and the department remain eligible for federal
34 special education funds.
35 (C) Oversee the training of hearing officers and establish
36 guidelines as described in IC 20-35-14-5.
37 (2) With the consent of the secretary of education and the budget
38 agency, to appoint and determine salaries for any assistants and
39 other personnel needed to enable the director to accomplish the
40 duties of the director's office.
41 SECTION 16. IC 20-35-14 IS ADDED TO THE INDIANA CODE
42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
SB 270—LS 6975/DI 110 32
1 JULY 1, 2024]:
2 Chapter 14. Employment of Independent Hearing Officers
3 Sec. 1. As used in this chapter, "IDEA" refers to the federal
4 Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
5 Sec. 2. As used in this chapter, "office" has the meaning set
6 forth in IC 4-15-10.5-6.
7 Sec. 3. (a) The office has jurisdiction over hearing officers
8 authorized to conduct hearings required by the IDEA.
9 (b) The office is granted jurisdiction to conduct hearings
10 described in subsection (a) as permitted under IC 4-15-10.5-12.
11 Sec. 4. Not later than August 1, 2024, the department and the
12 office shall enter into a memorandum of understanding regarding
13 the transition to hearing officers employed by the office as
14 full-time, salaried, state employees to act as and satisfy the
15 requirements regarding independent hearing officers under the
16 IDEA.
17 Sec. 5. The director of special education appointed under
18 IC 20-35-2-1 shall:
19 (1) oversee the training of hearing officers; and
20 (2) establish guidelines for hearing officers who conduct
21 hearings under this chapter, including guidelines to ensure
22 compliance with state and federal special education laws and
23 rules.
24 Sec. 6. Funds distributed to the state of Indiana under the IDEA
25 may be used for hearing officers described in this chapter, as
26 allowed by federal law.
27 SECTION 17. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
28 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 MAY 10, 2024]: Sec. 5. (a) Money in the fund may be used for any
30 lawful school expenses, including making a transfer to the school
31 corporation's education fund (IC 20-40-2) or operations fund
32 (IC 20-40-18).
33 (b) Except as provided in IC 20-46-1-21, a school corporation may
34 distribute proceeds of a tax levy collected under IC 20-46-1 that is
35 transferred to the school corporation's education fund to a charter
36 school, excluding a virtual charter school, that is located within the
37 attendance area of the school corporation.
38 SECTION 18. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
39 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 MAY 10, 2024]: Sec. 8. (a) Subject to subsections (e) and (f) and (g)
41 and this chapter, the governing body of a school corporation may adopt
42 a resolution to place a referendum under this chapter on the ballot for
SB 270—LS 6975/DI 110 33
1 any of the following purposes:
2 (1) The governing body of the school corporation determines that
3 it cannot, in a calendar year, carry out its public educational duty
4 unless it imposes a referendum tax levy under this chapter.
5 (2) The governing body of the school corporation determines that
6 a referendum tax levy under this chapter should be imposed to
7 replace property tax revenue that the school corporation will not
8 receive because of the application of the credit under
9 IC 6-1.1-20.6.
10 (3) Except for resolutions described in subsection (b), the
11 governing body makes the determination required under
12 subdivision (1) or (2) and determines to share a portion of the
13 referendum proceeds with a charter school, excluding a virtual
14 charter school, in the manner prescribed in subsection (e).
15 (b) A resolution for a referendum for a county described in section
16 21 of this chapter that is adopted after May 10, 2023, shall specify that
17 a portion of the proceeds collected from the proposed levy will be
18 distributed to applicable charter schools in the manner described under
19 section 21 of this chapter.
20 (c) The governing body of the school corporation shall certify a
21 copy of the resolution to place a referendum on the ballot to the
22 following:
23 (1) The department of local government finance, including:
24 (A) the language for the question required by section 10 of this
25 chapter, or in the case of a resolution to extend a referendum
26 levy certified to the department of local government finance
27 after March 15, 2016, section 10.1 of this chapter; and
28 (B) a copy of the revenue spending plan adopted under
29 subsection (g).
30 The language of the public question must include the estimated
31 average percentage increases certified by the county auditor under
32 section 10(e) or 10.1(f) of this chapter, as applicable. The
33 governing body of the school corporation shall also provide the
34 county auditor's certification described in section 10(e) or 10.1(f)
35 of this chapter, as applicable. The department of local government
36 finance shall post the values certified by the county auditor to the
37 department's website. The department shall review the language
38 for compliance with section 10 or 10.1 of this chapter, whichever
39 is applicable, and either approve or reject the language. The
40 department shall send its decision to the governing body of the
41 school corporation not more than ten (10) days after the resolution
42 is submitted to the department. If the language is approved, the
SB 270—LS 6975/DI 110 34
1 governing body of the school corporation shall certify a copy of
2 the resolution, including the language for the question and the
3 department's approval.
4 (2) The county fiscal body of each county in which the school
5 corporation is located (for informational purposes only).
6 (3) The circuit court clerk of each county in which the school
7 corporation is located.
8 (d) If a school safety referendum tax levy under IC 20-46-9 has been
9 approved by the voters in a school corporation at any time in the
10 previous three (3) years, the school corporation may not:
11 (1) adopt a resolution to place a referendum under this chapter on
12 the ballot; or
13 (2) otherwise place a referendum under this chapter on the ballot.
14 (e) Except as provided in section 21 of this chapter, the resolution
15 described in subsection (a) must indicate whether proceeds in the
16 school corporation's education fund collected from a tax levy under this
17 chapter will be used to provide a distribution to a charter school or
18 charter schools, excluding a virtual charter school, under IC 20-40-3-5
19 as well as the amount that will be distributed to the particular charter
20 school or charter schools. A school corporation may request from the
21 designated charter school or charter schools any financial
22 documentation necessary to demonstrate the financial need of the
23 charter school or charter schools.
24 (f) (e) This subsection applies to a resolution described in
25 subsection (a) for a county described in section 21(a) section 21 of this
26 chapter that is adopted after May 10, 2023. The resolution described in
27 subsection (a) shall include a projection of the amount that the school
28 corporation expects to be distributed to a particular charter school,
29 excluding virtual charter schools or adult high schools, under section
30 21 of this chapter if the charter school voluntarily elects to participate
31 in the referendum in the manner described in subsection (i). (h). At
32 least sixty (60) days before the resolution described in subsection (a)
33 is voted on by the governing body, the school corporation shall contact
34 the department to determine the number of students in kindergarten
35 through grade 12 who have legal settlement in the school corporation
36 but attend a charter school, excluding virtual charter schools or adult
37 high schools, and who receive not more than fifty percent (50%) virtual
38 instruction. The department shall provide the school corporation with
39 the number of students with legal settlement in the school corporation
40 who attend a charter school and who receive not more than fifty percent
41 (50%) virtual instruction, which shall be disaggregated for each
42 particular charter school, excluding a virtual charter school or adult
SB 270—LS 6975/DI 110 35
1 high school. The projection may include an expected increase in
2 charter schools during the term the levy is imposed under this chapter.
3 The department of local government finance shall prescribe the manner
4 in which the projection shall be calculated. The governing body shall
5 take into consideration the projection when adopting the revenue
6 spending plan under subsection (g). (f).
7 (g) (f) As part of the resolution described in subsection (a), the
8 governing body of the school corporation shall adopt a revenue
9 spending plan for the proposed referendum tax levy that includes:
10 (1) an estimate of the amount of annual revenue expected to be
11 collected if a levy is imposed under this chapter;
12 (2) the specific purposes for which the revenue collected from a
13 levy imposed under this chapter will be used;
14 (3) an estimate of the annual dollar amounts that will be expended
15 for each purpose described in subdivision (2); and
16 (4) for a resolution for a referendum that is adopted after May 10,
17 2023, for a county as described in section 21(a) 21 of this chapter,
18 the projected revenue that shall be distributed to charter schools
19 as provided in subsections (f) (e) and (i). (h). The revenue
20 spending plan shall also take into consideration deviations in the
21 proposed revenue spending plan if the actual charter school
22 distributions exceed or are lower than the projected charter school
23 distributions described in subsection (f). (e). The resolution shall
24 include for each charter school that elects to participate under
25 subsection (i) (h) information described in subdivisions (1)
26 through (3).
27 (h) (g) A school corporation shall specify in its proposed budget the
28 school corporation's revenue spending plan adopted under subsection
29 (g) (f) and annually present the revenue spending plan at its public
30 hearing on the proposed budget under IC 6-1.1-17-3.
31 (i) (h) This subsection applies to a resolution described in
32 subsection (a) for a county described in section 21(a) 21 of this chapter
33 that is adopted after May 10, 2023. At least forty-five (45) days before
34 the resolution described in subsection (a) is voted on by the governing
35 body, the school corporation shall contact each charter school,
36 excluding virtual charter schools or adult high schools, disclosed by the
37 department to the school corporation under subsection (f) (e) to
38 determine whether the charter school will participate in the
39 referendum. The charter school must respond in writing to the school
40 corporation at least fifteen (15) days prior to the date that the resolution
41 described in subsection (a) is to be voted on by the governing body. If
42 the charter school elects to not participate in the referendum, the school
SB 270—LS 6975/DI 110 36
1 corporation may exclude distributions to the charter school under
2 section 21 of this chapter and from the projection described in
3 subsection (f). (e). If the charter school elects to participate in the
4 referendum, the charter school may must receive distributions under
5 section 21 of this chapter and must be included in the projection
6 described in subsection (f). (e). In addition, a charter school that elects
7 to participate in the referendum under this subsection shall contribute
8 a proportionate share of the cost to conduct the referendum based on
9 the total combined ADM of the school corporation and any
10 participating charter schools.
11 (j) (i) This subsection applies to a resolution described in subsection
12 (a) for a county described in section 21(a) 21 of this chapter that is
13 adopted after May 10, 2023. At least thirty (30) days before the
14 resolution described in subsection (a) is voted on by the governing
15 body, the school corporation that is pursuing the resolution and any
16 charter school that has elected to participate under subsection (i), (h),
17 shall post a referendum disclosure statement on each school's
18 respective website that contains the following information:
19 (1) The salaries of all employees employed by the school
20 corporation or charter school listed from highest salary to lowest
21 salary.
22 (2) An acknowledgment that the school corporation or charter
23 school is not committing any crime described in IC 35-44.1-1.
24 (3) A link to the school corporation's or charter school's most
25 recent state board of accounts audit on the state board of accounts'
26 website.
27 (4) The current enrollment of the school corporation or charter
28 school disaggregated by student group and race.
29 (5) The school corporation's or charter school's high school
30 graduation rate.
31 (6) The school corporation's or charter school's annual retention
32 rate for teachers for the previous five (5) years.
33 SECTION 19. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
34 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 MAY 10, 2024]: Sec. 8.5. (a) A resolution to extend a referendum levy
36 must be:
37 (1) adopted by the governing body of a school corporation; and
38 (2) approved in a referendum under this chapter;
39 before December 31 of the final calendar year in which the school
40 corporation's previously approved referendum levy is imposed under
41 this chapter.
42 (b) For a resolution adopted under this section:
SB 270—LS 6975/DI 110 37
1 (1) after May 10, 2023, for a county described in section 21(a) of
2 this chapter; and
3 (2) after May 10, 2024, for all counties as described in section
4 21(b) of this chapter;
5 the resolution must include the projected charter school distributions
6 described in section 8(f) 8(e) of this chapter and indicate the
7 distributions to applicable charter schools in accordance with section
8 21 of this chapter.
9 SECTION 20. IC 20-46-1-21, AS ADDED BY P.L.189-2023,
10 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 MAY 10, 2024]: Sec. 21. (a) This section applies to revenue received
12 from a resolution that is approved by the governing body to impose a
13 referendum levy under section 8 or 8.5 of this chapter after May 10,
14 2023, and before May 10, 2024, for a school corporation located in:
15 (1) Lake County;
16 (2) Marion County;
17 (3) St. Joseph County; or
18 (4) Vanderburgh County.
19 (b) This section applies to revenue received from a resolution
20 that is approved by the governing body to impose a referendum
21 levy under section 8 or 8.5 of this chapter after May 10, 2024, for
22 a school corporation.
23 (b) (c) The county auditor in which the school corporation is located
24 shall distribute an amount under subsection (d) (e) to each charter
25 school, excluding virtual charter schools or adult high schools, that a
26 student who resides within the attendance area of the school
27 corporation attends if the charter school elects to participate in the
28 referendum under section 8(i) 8(h) of this chapter. The department
29 shall provide the county auditor with data and information necessary
30 for the county auditor to determine:
31 (1) which charter schools are eligible to receive a distribution
32 under this section; and
33 (2) the number of students who reside within the attendance area
34 of the school corporation who are included in the ADM for each
35 charter school, excluding virtual charter schools or adult high
36 schools, described in subdivision (1).
37 (c) (d) The following schools are not eligible to receive a
38 distribution under this section:
39 (1) A virtual charter school.
40 (2) An adult high school.
41 (d) (e) For the purposes of the calculations made in this subsection,
42 each eligible school that has entered into an agreement with a school
SB 270—LS 6975/DI 110 38
1 corporation to participate as a participating innovation network charter
2 school under IC 20-25.7-5 is considered to have an ADM that is
3 separate from the school corporation. The amount that the county
4 auditor shall distribute to a charter school, excluding virtual charter
5 schools or adult high schools, under this section is the amount
6 determined in the last STEP of the following STEPS:
7 STEP ONE: Determine, for each charter school, excluding virtual
8 charter schools or adult high schools, that is eligible to receive a
9 distribution under this section, the number of students who reside
10 within the attendance area of the school corporation who are
11 currently included in the ADM of the charter school.
12 STEP TWO: Determine the sum of:
13 (A) the current ADM count for the school corporation; plus
14 (B) total number of all students who reside within the
15 attendance area of the school corporation who are currently
16 included in the ADM of a charter school, excluding virtual
17 charter schools or adult high schools.
18 STEP THREE: Determine the result of:
19 (A) the STEP ONE amount; divided by
20 (B) the STEP TWO amount.
21 STEP FOUR: Determine the result of:
22 (A) the STEP THREE amount; multiplied by
23 (B) the amount collected by the county auditor during the most
24 recent installment period.
25 SECTION 21. IC 21-18-6-8 IS ADDED TO THE INDIANA CODE
26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 8. (a) The commission shall do the
28 following:
29 (1) Study and make recommendations regarding allowing:
30 (A) Ivy Tech Community College to award bachelor's
31 degrees; and
32 (B) Vincennes University to offer additional programs that
33 lead to a bachelor's degree.
34 (2) Not later than October 31, 2024, do the following:
35 (A) Prepare a report regarding the study and
36 recommendations described in subdivision (1).
37 (B) Submit the report to the general assembly in an
38 electronic format under IC 5-14-6.
39 (b) This section expires January 1, 2025.
40 SECTION 22. An emergency is declared for this act.
SB 270—LS 6975/DI 110 39
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 270, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 1 through 15.
Delete page 2.
Page 3, delete lines 1 through 25.
Page 4, delete lines 10 through 19.
Page 29, delete lines 12 through 39.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 270 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4.
SB 270—LS 6975/DI 110