Indiana Senate Bill SB0270 Engrossed / Bill

                    *SB0270.3*
Reprinted
February 6, 2024
SENATE BILL No. 270
_____
DIGEST OF SB 270 (Updated February 5, 2024 5:06 pm - DI 143)
Citations Affected:  IC 20-19; IC 20-26; IC 20-28; IC 20-34;
IC 20-46; IC 21-18; noncode.
Synopsis:  Various education matters. Requires the department of
education to study: (1) creating clearinghouses for each region of
Indiana; and (2) selecting an 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 
(Continued next page)
Effective:  Upon passage; May 4, 2023 (retroactive); May 10, 2024;
July 1, 2024.
Rogers, Raatz, Donato, 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.
February 1, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, amended, ordered engrossed.
SB 270—LS 6975/DI 110 Digest Continued
tax levy revenue are not subject to the transfer of vacant school
building provisions. Provides that no resolution, referenda, or
distributed revenue prior to May 10, 2023, are effective to provide
exemption from 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 provisions, the
transfer is void and allows for a court action with the award of
attorney's fees. Specifies that training in the recognition of the signs
and symptoms of seizures must be provided to certain school
personnel. 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. Urges the legislative council to assign certain topics
during the 2024 legislative interim. Makes conforming changes.
SB 270—LS 6975/DI 110SB 270—LS 6975/DI 110 Reprinted
February 6, 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 20-19-3-34 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 34. (a) The department shall study the
4 following:
5 (1) Creating clearinghouses for each region of Indiana that
6 enable 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
9 websites regarding internship opportunities and for which
10 each user of a clearinghouse uses information forms that are
11 standardized for that region.
12 (2) Selecting an organization to design, operate, and maintain
13 regional clearinghouses described in subdivision (1).
14 (3) Defining regional clearinghouse reporting requirements.
15 (b) In carrying out subsection (a), the department shall consult
SB 270—LS 6975/DI 110 2
1 with the department of workforce development, the commission for
2 higher education, and regional groups of employers, schools, and
3 workforce development boards.
4 (c) Not later than October 31, 2024, the department shall do the
5 following:
6 (1) Prepare a report regarding:
7 (A) information concerning the study under subsection (a),
8 including the costs of implementation, recognition or
9 creation of; and
10 (B) any recommendations regarding the implementation,
11 recognition, or creation of;
12 clearinghouses for each region as described in subsection (a).
13 (2) Submit the report prepared under subdivision (1) to the
14 legislative council in an electronic format under IC 5-14-6.
15 SECTION 2. IC 20-26-5-4, AS AMENDED BY P.L.201-2023,
16 SECTION 160, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) In carrying out the school
18 purposes of a school corporation, the governing body acting on the
19 school corporation's behalf has the following specific powers:
20 (1) In the name of the school corporation, to sue and be sued and
21 to enter into contracts in matters permitted by applicable law.
22 However, a governing body may not use funds received from the
23 state to bring or join in an action against the state, unless the
24 governing body is challenging an adverse decision by a state
25 agency, board, or commission.
26 (2) To take charge of, manage, and conduct the educational affairs
27 of the school corporation and to establish, locate, and provide the
28 necessary schools, school libraries, other libraries where
29 permitted by law, other buildings, facilities, property, and
30 equipment.
31 (3) To appropriate from the school corporation's general fund
32 (before January 1, 2019) or the school corporation's operations
33 fund (after December 31, 2018) an amount, not to exceed the
34 greater of three thousand dollars ($3,000) per budget year or one
35 dollar ($1) per pupil, not to exceed twelve thousand five hundred
36 dollars ($12,500), based on the school corporation's ADM of the
37 previous year (as defined in IC 20-43-1-7) to promote the best
38 interests of the school corporation through:
39 (A) the purchase of meals, decorations, memorabilia, or
40 awards;
41 (B) provision for expenses incurred in interviewing job
42 applicants; or
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1 (C) developing relations with other governmental units.
2 (4) To do the following:
3 (A) Acquire, construct, erect, maintain, hold, and contract for
4 construction, erection, or maintenance of real estate, real estate
5 improvements, or an interest in real estate or real estate
6 improvements, as the governing body considers necessary for
7 school purposes, including buildings, parts of buildings,
8 additions to buildings, rooms, gymnasiums, auditoriums,
9 playgrounds, playing and athletic fields, facilities for physical
10 training, buildings for administrative, office, warehouse, repair
11 activities, or housing school owned buses, landscaping, walks,
12 drives, parking areas, roadways, easements and facilities for
13 power, sewer, water, roadway, access, storm and surface
14 water, drinking water, gas, electricity, other utilities and
15 similar purposes, by purchase, either outright for cash (or
16 under conditional sales or purchase money contracts providing
17 for a retention of a security interest by the seller until payment
18 is made or by notes where the contract, security retention, or
19 note is permitted by applicable law), by exchange, by gift, by
20 devise, by eminent domain, by lease with or without option to
21 purchase, or by lease under IC 20-47-2, IC 20-47-3, or
22 IC 20-47-5.
23 (B) Repair, remodel, remove, or demolish, or to contract for
24 the repair, remodeling, removal, or demolition of the real
25 estate, real estate improvements, or interest in the real estate
26 or real estate improvements, as the governing body considers
27 necessary for school purposes.
28 (C) Provide for conservation measures through utility
29 efficiency programs or under a guaranteed savings contract as
30 described in IC 36-1-12.5.
31 (5) To acquire personal property or an interest in personal
32 property as the governing body considers necessary for school
33 purposes, including buses, motor vehicles, equipment, apparatus,
34 appliances, books, furniture, and supplies, either by cash purchase
35 or under conditional sales or purchase money contracts providing
36 for a security interest by the seller until payment is made or by
37 notes where the contract, security, retention, or note is permitted
38 by applicable law, by gift, by devise, by loan, or by lease with or
39 without option to purchase and to repair, remodel, remove,
40 relocate, and demolish the personal property. All purchases and
41 contracts specified under the powers authorized under subdivision
42 (4) and this subdivision are subject solely to applicable law
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1 relating to purchases and contracting by municipal corporations
2 in general and to the supervisory control of state agencies as
3 provided in section 6 of this chapter.
4 (6) To sell or exchange real or personal property or interest in real
5 or personal property that, in the opinion of the governing body, is
6 not necessary for school purposes, in accordance with IC 20-26-7
7 and IC 20-26-7.1, to demolish or otherwise dispose of the
8 property if, in the opinion of the governing body, the property is
9 not necessary for school purposes and is worthless, and to pay the
10 expenses for the demolition or disposition.
11 (7) Except as provided under subsections (c) and (d), to lease
12 any school property for a rental that the governing body considers
13 reasonable or to permit the free use of school property for:
14 (A) civic or public purposes; or
15 (B) the operation of a school age child care program for
16 children who are at least five (5) years of age and less than
17 fifteen (15) years of age that operates before or after the school
18 day, or both, and during periods when school is not in session;
19 if the property is not needed for school purposes. the school
20 property continues to be used primarily for classroom
21 instruction by the school corporation, is not subject to closure
22 under IC 20-26-7-47, and is not a covered school building that
23 must be made available for lease or purchase under
24 IC 20-26-7.1. Under this subdivision, the governing body may
25 enter into a long term lease or use agreement with a nonprofit
26 corporation, community service organization, or other
27 governmental entity, if the corporation, organization, or other
28 governmental entity will use the property to be leased for civic or
29 public purposes or for a school age child care program. However,
30 if payment for the property subject to a long term lease or use
31 agreement is made from money in the school corporation's debt
32 service fund, all proceeds from the long term lease or use
33 agreement must be deposited in the school corporation's debt
34 service fund so long as payment for the property has not been
35 made. The governing body may, at the governing body's option,
36 use the procedure specified in IC 36-1-11-10 in leasing property
37 under this subdivision. If the school property is not being used
38 primarily for classroom instruction or is subject to closure
39 under IC 20-26-7-47, the governing body must first comply
40 with IC 20-26-7 and IC 20-26-7.1 before leasing the school
41 property under this subdivision.
42 (8) To do the following:
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1 (A) Employ, contract for, and discharge superintendents,
2 supervisors, principals, teachers, librarians, athletic coaches
3 (whether or not they are otherwise employed by the school
4 corporation and whether or not they are licensed under
5 IC 20-28-5), business managers, superintendents of buildings
6 and grounds, janitors, engineers, architects, physicians,
7 dentists, nurses, accountants, teacher aides performing
8 noninstructional duties, educational and other professional
9 consultants, data processing and computer service for school
10 purposes, including the making of schedules, the keeping and
11 analyzing of grades and other student data, the keeping and
12 preparing of warrants, payroll, and similar data where
13 approved by the state board of accounts as provided below,
14 and other personnel or services as the governing body
15 considers necessary for school purposes.
16 (B) Fix and pay the salaries and compensation of persons and
17 services described in this subdivision that are consistent with
18 IC 20-28-9-1.5.
19 (C) Classify persons or services described in this subdivision
20 and to adopt a compensation plan with a salary range that is
21 consistent with IC 20-28-9-1.5.
22 (D) Determine the number of the persons or the amount of the
23 services employed or contracted for as provided in this
24 subdivision.
25 (E) Determine the nature and extent of the duties of the
26 persons described in this subdivision.
27 The compensation, terms of employment, and discharge of
28 teachers are, however, subject to and governed by the laws
29 relating to employment, contracting, compensation, and discharge
30 of teachers. The compensation, terms of employment, and
31 discharge of bus drivers are subject to and governed by laws
32 relating to employment, contracting, compensation, and discharge
33 of bus drivers.
34 (9) Notwithstanding the appropriation limitation in subdivision
35 (3), when the governing body by resolution considers a trip by an
36 employee of the school corporation or by a member of the
37 governing body to be in the interest of the school corporation,
38 including attending meetings, conferences, or examining
39 equipment, buildings, and installation in other areas, to permit the
40 employee to be absent in connection with the trip without any loss
41 in pay and to reimburse the employee or the member the
42 employee's or member's reasonable lodging and meal expenses
SB 270—LS 6975/DI 110 6
1 and necessary transportation expenses. To pay teaching personnel
2 for time spent in sponsoring and working with school related trips
3 or activities.
4 (10) Subject to IC 20-27-13, to transport children to and from
5 school, when in the opinion of the governing body the
6 transportation is necessary, including considerations for the safety
7 of the children. The transportation must be otherwise in
8 accordance with applicable law.
9 (11) To provide a lunch program for a part or all of the students
10 attending the schools of the school corporation, including the
11 establishment of kitchens, kitchen facilities, kitchen equipment,
12 lunch rooms, the hiring of the necessary personnel to operate the
13 lunch program, and the purchase of material and supplies for the
14 lunch program, charging students for the operational costs of the
15 lunch program, fixing the price per meal or per food item. To
16 operate the lunch program as an extracurricular activity, subject
17 to the supervision of the governing body. To participate in a
18 surplus commodity or lunch aid program.
19 (12) To:
20 (A) purchase curricular materials and to furnish curricular
21 materials without cost; and
22 (B) assess and collect a reasonable fee for lost or significantly
23 damaged curricular materials.
24 (13) To accept students transferred from other school corporations
25 and to transfer students to other school corporations in accordance
26 with applicable law.
27 (14) To make budgets, to appropriate funds, and to disburse the
28 money of the school corporation in accordance with applicable
29 law. To borrow money against current tax collections and
30 otherwise to borrow money, in accordance with IC 20-48-1.
31 (15) To purchase insurance or to establish and maintain a
32 program of self-insurance relating to the liability of the school
33 corporation or the school corporation's employees in connection
34 with motor vehicles or property and for additional coverage to the
35 extent permitted and in accordance with IC 34-13-3-20. To
36 purchase additional insurance or to establish and maintain a
37 program of self-insurance protecting the school corporation and
38 members of the governing body, employees, contractors, or agents
39 of the school corporation from liability, risk, accident, or loss
40 related to school property, school contract, school or school
41 related activity, including the purchase of insurance or the
42 establishment and maintenance of a self-insurance program
SB 270—LS 6975/DI 110 7
1 protecting persons described in this subdivision against false
2 imprisonment, false arrest, libel, or slander for acts committed in
3 the course of the persons' employment, protecting the school
4 corporation for fire and extended coverage and other casualty
5 risks to the extent of replacement cost, loss of use, and other
6 insurable risks relating to property owned, leased, or held by the
7 school corporation. In accordance with IC 20-26-17, to:
8 (A) participate in a state employee health plan under
9 IC 5-10-8-6.7;
10 (B) purchase insurance; or
11 (C) establish and maintain a program of self-insurance;
12 to benefit school corporation employees, including accident,
13 sickness, health, or dental coverage, provided that a plan of
14 self-insurance must include an aggregate stop-loss provision.
15 (16) To make all applications, to enter into all contracts, and to
16 sign all documents necessary for the receipt of aid, money, or
17 property from the state, the federal government, or from any other
18 source.
19 (17) To defend a member of the governing body or any employee
20 of the school corporation in any suit arising out of the
21 performance of the member's or employee's duties for or
22 employment with, the school corporation, if the governing body
23 by resolution determined that the action was taken in good faith.
24 To save any member or employee harmless from any liability,
25 cost, or damage in connection with the performance, including the
26 payment of legal fees, except where the liability, cost, or damage
27 is predicated on or arises out of the bad faith of the member or
28 employee, or is a claim or judgment based on the member's or
29 employee's malfeasance in office or employment.
30 (18) To prepare, make, enforce, amend, or repeal rules,
31 regulations, and procedures:
32 (A) for the government and management of the schools,
33 property, facilities, and activities of the school corporation, the
34 school corporation's agents, employees, and pupils and for the
35 operation of the governing body; and
36 (B) that may be designated by an appropriate title such as
37 "policy handbook", "bylaws", or "rules and regulations".
38 (19) To ratify and approve any action taken by a member of the
39 governing body, an officer of the governing body, or an employee
40 of the school corporation after the action is taken, if the action
41 could have been approved in advance, and in connection with the
42 action to pay the expense or compensation permitted under
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1 IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1,
2 IC 20-40-12, and IC 20-48-1 or any other law.
3 (20) To exercise any other power and make any expenditure in
4 carrying out the governing body's general powers and purposes
5 provided in this chapter or in carrying out the powers delineated
6 in this section which is reasonable from a business or educational
7 standpoint in carrying out school purposes of the school
8 corporation, including the acquisition of property or the
9 employment or contracting for services, even though the power or
10 expenditure is not specifically set out in this chapter. The specific
11 powers set out in this section do not limit the general grant of
12 powers provided in this chapter except where a limitation is set
13 out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
14 IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
15 specific language or by reference to other law.
16 (b) A superintendent hired under subsection (a)(8):
17 (1) is not required to hold a teacher's license under IC 20-28-5;
18 and
19 (2) is required to have obtained at least a master's degree from an
20 accredited postsecondary educational institution.
21 (c) The governing body acting on the school corporation's behalf
22 may renew a lease or memorandum of understanding described in
23 IC 20-26-7.1-3(d) with a nonprofit organization as described in
24 IC 20-26-7.1-3(d).
25 (d) The governing body acting on the school corporation's
26 behalf may lease any school property for a rental to one (1) or both
27 of the following:
28 (1) The Indiana School for the Blind and Visually Impaired
29 established by IC 20-21-2-1.
30 (2) The Indiana School for the Deaf established by
31 IC 20-22-2-1.
32 This subsection expires June 30, 2030.
33 SECTION 3. IC 20-26-7-47, AS ADDED BY P.L.189-2023,
34 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 47. (a) The following definitions apply throughout
36 this section:
37 (1) "Covered school building" has the meaning set forth in
38 IC 20-26-7.1-2.1.
39 (2) "Current school year" refers to a year in which the governing
40 body is required to conduct a review of school building usage
41 under subsection (c).
42 (3) "Enrollment" refers to the following:
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1 (A) Except as provided in clause (B), students counted in
2 ADM (as defined in IC 20-43-1-6) in the first count date for a
3 school year fixed under IC 20-43-4-3.
4 (B) With regard to a school corporation, students counted in a
5 school corporation's fall count of ADM minus all students
6 counted in the fall count of ADM who are enrolled in eligible
7 schools that:
8 (i) have entered into an agreement with the school
9 corporation to participate as a participating innovation
10 network charter school under IC 20-25.7-5; and
11 (ii) are included in the school corporation's fall ADM count.
12 (4) "Interested person" has the meaning set forth in
13 IC 20-26-7.1-2.2.
14 (b) This section applies to a school corporation only if:
15 (1) the total student enrollment for in-person instruction in the
16 school corporation in the current school year is at least ten percent
17 (10%) less than the student enrollment for in-person instruction
18 in the school corporation in a school year that precedes the
19 current school year by five (5); and
20 (2) the school corporation in the current school year has more
21 than one (1) school building serving the same grade level as the
22 school building subject to closure under this section.
23 (c) Each school year, the governing body of a school corporation
24 shall review the usage of school buildings used by the school
25 corporation to determine whether any school building should be closed
26 for the ensuing school year and subsequent school years.
27 (d) A school corporation may shall close a school building for the
28 ensuing school year (and subsequent school years) if:
29 (1) at any time the school building had been used for classroom
30 instruction;
31 (2) in the current school year and the two (2) school years
32 immediately preceding the current school year the school building
33 was underutilized for classroom instruction purposes or other
34 allowable uses specified by this section;
35 (3) as of the end of the school year before the school building is
36 required to be closed under this section, the school corporation
37 was not subject to a transitional plan adopted by the governing
38 body and approved by the department to use the school building
39 for an allowable use not later than the next school year after the
40 school building is otherwise required to be closed under this
41 section;
42 (4) in the case of a school building that was used in any part in the
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1 current school year for instructional purposes, the school
2 corporation has another school building:
3 (A) with sufficient capacity to take the students using the
4 school building being considered for closure; and
5 (B) that does not require more than twenty (20) minutes of
6 travel time by car or bus from the school building being
7 considered for closure; and
8 (5) the school building is not a school building described in
9 IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or
10 IC 20-26-7.1-3(d).
11 (e) For purposes of this section, a school building is underutilized
12 in a school year if the school building is not used for any of the
13 following allowable uses:
14 (1) The number of full-time equivalent students enrolled for
15 in-person instruction in the school building on instructional days
16 (as determined under IC 20-30-2) for instructional purposes,
17 averaged over the current school year and the two (2) school years
18 immediately preceding the current school year, is at least sixty
19 percent (60%) fifty percent (50%) of:
20 (A) the known classroom design capacity of the school
21 building; or
22 (B) if the design capacity is not known, the average maximum
23 full-time equivalent enrollment in any of the last twenty-five
24 (25) years, as validated by records created or maintained by
25 the department.
26 (2) The school corporation demonstrates through facts included
27 in a resolution that the school building is being used and that it is
28 financially prudent to continue to use the school building,
29 considering all community resources, for a distinct student
30 population that reasonably cannot be served through integration
31 with the general school population, such as students attending an
32 alternative education program (as defined in IC 20-30-8-1).
33 However, to be an allowable use under this subdivision, the
34 average number of full-time equivalent students using the school
35 building in a school year for instructional purposes must be at
36 least thirty percent (30%) of:
37 (A) the known classroom design capacity of the school
38 building; or
39 (B) if the design capacity is not known, the average maximum
40 full-time equivalent enrollment in any of the last twenty-five
41 (25) years, as validated by records created or maintained by
42 the department; and
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1 (if multiple school buildings are used for the same purposes)
2 combining the student populations into fewer school buildings is
3 not reasonably feasible.
4 (3) The school corporation demonstrates through facts included
5 in a resolution that the school building is being used and that it is
6 financially prudent to continue to use the school building,
7 considering all community resources, for administrative or other
8 school offices. However, to be an allowable use under this
9 subdivision, at least fifty percent (50%) of the square footage of
10 the school building must be used for offices, the personnel
11 headquartered in the school building must consistently use the
12 space for office purposes, and the occupancy cost of using the
13 school building cannot be more than comparable office space that
14 is available in the school district.
15 (4) The school corporation demonstrates through facts included
16 in a resolution that the school building is being used and that it is
17 financially prudent to continue to use the school building,
18 considering all community resources, for storage. However, to be
19 an allowable use under this subdivision, at least fifty percent
20 (50%) of the square footage of the school building must be used
21 for storage, on average the storage space must be used to capacity,
22 and the cost of using the school building for storage must be less
23 than comparable storage space that is available in the school
24 district.
25 (5) The school corporation demonstrates through facts included
26 in a resolution that the school building is being used and that it is
27 financially prudent to continue to use the school building,
28 considering all community resources, for a combination of office
29 space and storage. However, to be an allowable use under this
30 subdivision, at least fifty percent (50%) of the square footage of
31 the school building must be used for a combination of office
32 space and storage and:
33 (A) the personnel headquartered in the school building must
34 consistently use the office space for office purposes, and the
35 occupancy cost of using the office space, calculated using the
36 costs of operating the school building, cannot be more than
37 comparable office space that is available in the school district;
38 and
39 (B) on average, the storage space must be used to capacity and
40 the cost of using the school building for storage must be less
41 than comparable storage space that is available in the school
42 district.
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1 (f) Closure of a school building that is:
2 (1) owned by the school corporation or any other entity that is
3 related in any way to, or created by, the school corporation or the
4 governing body; or
5 (2) jointly owned in the same manner by two (2) or more school
6 corporations;
7 shall be carried out in conformity with IC 20-26-7.1.
8 (g) Before filing a petition under subsection (h), a charter school or
9 state educational institution that is interested in a school corporation's
10 school building must give written notice to the school corporation to
11 determine whether an agreement can be reached regarding the school
12 corporation making the school building available for lease or purchase
13 under IC 20-26-7.1.
14 (h) If an agreement is not reached within forty-five (45) days after
15 the date that the school corporation receives the notice under
16 subsection (g), the charter school or state educational institution may
17 petition the department to initiate or the department on its own may
18 initiate a proceeding for a determination as to whether a school
19 building meets the criteria for closure under this section or a covered
20 school building that is no longer used for classroom instruction by a
21 school corporation should be made available under IC 20-26-7.1. If a
22 charter school or state educational institution petitions the department
23 under this subsection, the charter school or state educational institution
24 must provide a copy of the petition to the applicable school
25 corporation.
26 (i) An interested person that is not otherwise a party to the
27 proceeding may intervene in the proceeding under subsection (h) as a
28 party. The school corporation has the burden of going forward with the
29 evidence and the burden of proof to demonstrate that the school
30 building does not meet the criteria for closure or the covered school
31 building is not required to be made available under IC 20-26-7.1.
32 (j) Not more than sixty (60) days after receiving notice of a petition
33 under subsection (h), the school corporation must:
34 (1) file a response to the petition that notifies the department that
35 the school corporation:
36 (A) is not contesting the petition; or
37 (B) is contesting the petition and states the facts upon which
38 the school corporation relies in contesting the petition; and
39 (2) provide a copy of the response to the petitioner and any
40 intervening party.
41 (k) If the school corporation:
42 (1) files a response that the school corporation is not contesting
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1 the petition; or
2 (2) fails to submit a timely response under subsection (j);
3 the department shall issue an order granting the petition. A petition and
4 any response or reply are public documents.
5 (l) If a school corporation contests a petition under subsection (j),
6 a party to the proceeding has not more than sixty (60) days after the
7 date that the school corporation files a response under subsection (j) to
8 submit a reply to the school corporation's response.
9 (m) The department shall make a determination regarding a petition
10 under subsection (h) not more than one hundred twenty (120) days after
11 the date that the:
12 (1) petitioner and any intervening party have submitted a reply
13 under subsection (l); or
14 (2) time period to reply under subsection (l) has expired.
15 (n) A school corporation or another party to the proceeding may file
16 with the state board a petition requesting review of the department's
17 determination. Upon receipt of a petition under this subsection, the
18 state board shall review the department's determination. An appeal to
19 the state board shall be subject to the procedure described in
20 IC 20-26-11-15(b).
21 (o) Upon the issuance of a final unappealable order granting a
22 petition, the school corporation may shall make the school building
23 available for lease or purchase in accordance with IC 20-26-7.1.
24 SECTION 4. IC 20-26-7.1-1, AS AMENDED BY P.L.189-2023,
25 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 MAY 4, 2023 (RETROACTIVE)]: Sec. 1. (a) For purposes of this
27 section, "charter school" does not include a virtual charter school
28 or an adult high school.
29 (b) This chapter does not apply to the following:
30 (1) A school building that since July 1, 2011, is leased or loaned
31 by the school corporation that owns the school building to another
32 entity, if the entity is not a building corporation or other entity that
33 is related in any way to, or created by, the school corporation or
34 the governing body.
35 (2) A school corporation that distributes money that is received as
36 part of a tax levy collected under IC 20-46-1 or IC 20-46-9 to an
37 applicable charter school.
38 (2) A school corporation to which all of the following apply:
39 (A) The county auditor distributes revenue after May 10,
40 2023, as required under IC 20-46-1-21 to each charter
41 school described in IC 20-46-1-21(b).
42 (B) If the school corporation listed in IC 20-46-9-22
SB 270—LS 6975/DI 110 14
1 receives revenue from a school safety referendum tax levy
2 under IC 20-46-9, the county auditor distributes revenue
3 after May 10, 2023, as required under IC 20-46-9-22 to
4 each charter school described in IC 20-46-9-22(b).
5 The above subdivisions are intended to apply retroactively.
6 No referendums or distributed revenue prior to May 10, 2023,
7 are effective to provide exemption from this chapter.
8 (3) A school corporation to which all of the following apply:
9 (A) The school corporation approves a resolution after
10 May 10, 2023, to impose an operating referendum tax levy
11 under IC 20-46-1 after May 10, 2023, that includes sharing
12 the revenue from the referendum tax levy in the amounts
13 described in clause (B) with each charter school that:
14 (i) a student who resides within the attendance area of
15 the school corporation attends; and
16 (ii) elects to participate in the referendum.
17 The above subdivisions are intended to apply retroactively.
18 No resolutions, referendums, or distributed revenue prior to
19 May 10, 2023, are effective to provide exemption from this
20 chapter.
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(d).
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 (c) In order for any payment to a charter school to qualify as
41 sharing of proceeds from a referendum for purposes of exemption
42 from IC 20-26-7.1, the referendum must have been passed with
SB 270—LS 6975/DI 110 15
1 prior notice to voters of all amounts of referendum proceeds to be
2 paid to charter schools. Any claim of exemption based on payment
3 of proceeds from a referendum passed without such notice is void.
4 SECTION 5. IC 20-26-7.1-3, AS AMENDED BY P.L.189-2023,
5 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 1 of this
7 chapter or subsection (b), (c), or (d), before a governing body may sell,
8 exchange, lease, demolish, hold without operating, or dispose of a
9 covered school building, a governing body shall make available for
10 lease or purchase by a charter school or state educational institution
11 any covered school building owned by the school corporation or any
12 other entity that is related in any way to, or created by, the school
13 corporation or the governing body, including a building corporation,
14 that the governing body elects to close or the school corporation is
15 required to close under IC 20-26-7-47, in order for the covered school
16 building to be used by a:
17 (1) charter school to conduct prekindergarten through grade 12
18 classroom instruction; or
19 (2) state educational institution for an academic purpose.
20 (b) The following are not required to comply with this chapter:
21 (1) A governing body that vacates a covered school building in
22 order to:
23 (A) renovate the covered school building for a future
24 allowable use by the school corporation as permitted under
25 IC 20-26-7-47; or
26 (B) demolish the covered school building, in whole or part,
27 and build a new school building or an addition to a school
28 building on the same site as the demolished building.
29 (2) An emergency manager of a distressed school corporation
30 under IC 6-1.1-20.3.
31 (3) The governing body of the School City of East Chicago school
32 corporation for the Carrie Gosch Elementary School building.
33 (4) A school corporation that has had a designation as a
34 distressed political subdivision under IC 6-1.1-20.3 within the
35 previous three (3) years.
36 (c) This section does not apply to a covered school building in
37 which a governing body under IC 20-26-5-4(a)(7) entered a lease prior
38 to January 1, 2019, with a state accredited nonpublic school. In
39 addition, the governing body may, during or at the expiration of the
40 term of such lease, sell the school building leased under
41 IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually
42 agreed to by the governing body and the nonpublic school.
SB 270—LS 6975/DI 110 16
1 (d) This section does not apply to a covered school building of a
2 school corporation to which the following apply:
3 (1) The school corporation had, before January 1, 2023, entered
4 into a lease or memorandum of understanding with a nonprofit
5 organization exempt from federal taxation under Section
6 501(c)(3) through 501(c)(7) of the Internal Revenue Code for the
7 use of the covered school building.
8 (2) The lease or memorandum of understanding described in
9 subdivision (1):
10 (A) continues in effect;
11 (B) is renewed; or
12 (C) is replaced by a new lease or memorandum of
13 understanding that is entered into between the school
14 corporation and the nonprofit organization described in
15 subdivision (1).
16 (3) The nonprofit organization described in subdivision (1) uses
17 the covered school building for an educational purpose
18 throughout the term of any lease or memorandum of
19 understanding.
20 If at any time the conditions under subdivisions (2) and (3) are not met,
21 the covered school building is subject to IC 20-26-7-47 and this
22 chapter.
23 (e) A covered school building that a school corporation closes or is
24 required to close may not be retained by the school corporation for
25 storage or office use unless the conditions of IC 20-26-7-47(e)(3),
26 IC 20-26-7-47(e)(4), or IC 20-26-7-47(e)(5) are met.
27 SECTION 6. IC 20-26-7.1-4, AS AMENDED BY P.L.189-2023,
28 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 4. (a) A school corporation shall notify the
30 department Not later than thirty (30) days after the date the a governing
31 body elects to close of a school corporation determines at a public
32 meeting to cease using a covered school building and include with the
33 notification whether the school corporation contends that the building
34 should or should not be made available as provided by this chapter.
35 The school corporation shall notify the department in the annual report
36 required under IC 20-26-7-48 that the school corporation elects to or
37 is required under IC 20-26-7-47 to close a covered school building. The
38 notice must be in the annual report submitted under IC 20-26-7-48 after
39 the school elects to or is required to close the covered school building.
40 The department shall notify interested persons concerning the
41 availability of a covered school building under subsection (d). for
42 classroom instruction on student instructional days (as described
SB 270—LS 6975/DI 110 17
1 in IC 20-30-2-2) for a school year as required under IC 20-30-2-3,
2 a school corporation shall provide written notice to the department
3 regarding the date that the covered school building has ceased or
4 will cease being used for classroom instruction as described in this
5 subsection.
6 (b) If the school corporation does not intend to make a covered
7 school building available for lease or purchase in accordance with
8 this chapter, the school corporation shall state in the notice
9 required under subsection (a) the factual and legal basis for the
10 school corporation's contention that the covered school building is
11 not required to be made available under this chapter. Any claim
12 for exclusion from a requirement to make the covered school
13 building available under this chapter which is not stated in the
14 notice under this subsection is waived.
15 (c) If a school corporation does not provide notice to the
16 department under subsection (a), any claim for exclusion from a
17 requirement to make the covered school building available under
18 this chapter is waived.
19 (d) Not later than fifteen (15) days after the date that the
20 department receives a notice from a school corporation under
21 subsection (a), the department shall provide written notice to all
22 interested persons regarding the notice from the school
23 corporation submitted under subsection (a).
24 (e) If a notice from a school corporation under subsection (a)
25 acknowledges that the covered school building will be made
26 available in accordance with this chapter, the department's notice
27 to interested persons shall provide that any notice of interest by an
28 interested person for the covered school building must be
29 submitted to the department not later than sixty (60) days after the
30 date the interested person receives the department's notice under
31 subsection (d).
32 (f) If a notice from a school corporation under subsection (a)
33 includes a claim that the covered school building will not be made
34 available under this chapter, an interested person may submit to
35 the department, not later than thirty (30) days after the date the
36 interested person receives the notice from the department under
37 subsection (d), a rebuttal to the factual and legal basis for the
38 school corporation's contention that the covered school building is
39 not required to be made available under this chapter.
40 (g) The department shall, not later than sixty (60) days after the
41 date that a rebuttal is due under subsection (f), issue a
42 determination to the school corporation and interested persons as
SB 270—LS 6975/DI 110 18
1 to whether the covered school building must be made available
2 under this chapter. The department shall publish a copy of the
3 department's determination on the department's website.
4 (h) Not later than thirty (30) days after the date that the
5 department issues a determination under subsection (g), a school
6 corporation or interested person may appeal the determination to
7 the state board. An appeal to the state board shall be subject to the
8 procedure described in IC 20-26-11-15(b).
9 (b) (i) Not later than fifteen (15) days after:
10 (1) the department receives the earliest notice under subsection
11 (a); or
12 (2) if the department determines that a covered school building
13 qualifies for closure under IC 20-26-7-47, the date a final order to
14 close a covered school building is issued under IC 20-26-7-47;
15 the governing body shall take the actions specified by this subsection
16 and subsection (c). The department shall order a school corporation to
17 comply with this subsection and subsection (c) and request that the
18 attorney general enforce the order under section 9(a) of this chapter.
19 (1) the time expires for an appeal of the state board of a
20 department determination under subsection (g) or
21 IC 20-26-7-47 that a covered school building be made
22 available; or
23 (2) a determination by the state board that a covered school
24 building is to be made available is issued;
25 the governing body shall take the actions specified by subsection
26 (j). If the governing body fails to take the actions, the department
27 shall request that the attorney general enforce the order under
28 section 9(a) of this chapter.
29 (c) (j) If a covered school building is to be made available, the
30 governing body shall do the following:
31 (1) Make the covered school building available for inspection by
32 a charter school or state educational institution that notifies the
33 department that it is interested in leasing or purchasing the
34 covered school building.
35 (2) Make the following information available to a charter school
36 or state educational institution described in subdivision (1):
37 (A) Estimates of the operating expenses for the covered school
38 building for the past three (3) years.
39 (B) Written information regarding the condition of the covered
40 school building, including the age of the roof and the HVAC
41 system, and any known conditions which, in the governing
42 body's opinion, require prompt repair or replacement.
SB 270—LS 6975/DI 110 19
1 (C) A legal description of the property.
2 (d) Not later than fifteen (15) days after the earlier of:
3 (1) receiving the earliest notice under subsection (a); or
4 (2) if the department determines that a covered school building
5 qualifies for closure under IC 20-26-7-47, the date a final
6 unappealable order to close a covered school building is issued
7 under IC 20-26-7-47;
8 the department shall place a notice on the department's website that the
9 covered school building is available for purchase or lease under this
10 chapter and provide written notification to each interested person,
11 including the date when the covered school building will close, no
12 longer be used, or become vacant.
13 (k) If the governing body fails to take the actions required under
14 subsection (j), a charter school having notified the school
15 corporation of its interest in the covered school building is entitled
16 to an injunction requiring the governing body to take the actions
17 under subsection (j).
18 (e) (l) The school corporation shall lease the covered school
19 building to a charter school or state educational institution for one
20 dollar ($1) per year for as long as the state educational institution uses
21 the covered school building for an academic purpose or the charter
22 school uses the covered school building for classroom instruction, for
23 a term at the state educational institution's or charter school's
24 discretion, or sell the covered school building for one dollar ($1), if the
25 charter school or state educational institution does the following:
26 (1) Within ninety (90) days of receiving the department's notice
27 under subsection (d), a charter school or state educational
28 institution must submit a preliminary request to purchase or lease
29 the covered school building.
30 (2) Subject to subsection (f), (m), within ninety (90) days of
31 receiving the department's notice under subsection (d), a charter
32 school or state educational institution must submit to the school
33 corporation the following information:
34 (A) The name of the charter school or state educational
35 institution that is interested in leasing or purchasing the
36 covered school building.
37 (B) A time frame, which may not exceed two (2) three (3)
38 years from the date that the covered school building is to be
39 closed, no longer used, or no longer occupied, in which the:
40 (i) charter school intends to begin providing classroom
41 instruction in the covered school building; or
42 (ii) state educational institution intends to begin using the
SB 270—LS 6975/DI 110 20
1 covered school building for an academic purpose.
2 (C) A resolution, adopted by the board of the charter school or
3 state educational institution stating that the board of the
4 charter school or state educational institution has determined
5 that, after the charter school or state educational institution has
6 made any necessary repairs or modifications, the covered
7 school building will be sufficient to meet the charter school's
8 or state educational institution's needs and can be operated
9 within the charter school's or state educational institution's
10 budget.
11 (f) (m) If the department does not receive any preliminary requests
12 to purchase or lease a covered school building within the time frame
13 described in subsection (e)(1), (l)(1), the department shall send
14 notification to the school corporation that the department has not
15 received any preliminary requests to purchase or lease the covered
16 school building. Upon receipt of the notification under this subsection,
17 the school corporation may sell or otherwise dispose of the covered
18 school building in accordance with IC 36-1-11, IC 20-25-4-14, and
19 IC 20-26-5-4(a)(7).
20 (g) (n) If only one (1) charter school submits a preliminary request
21 to purchase or lease the covered school building, the department shall
22 notify the school corporation of the identity of the charter school and
23 direct the school corporation to complete a sale or lease to the charter
24 school in accordance with subsection (k). (r). In the event that two (2)
25 or more charter schools submit a preliminary request to purchase or
26 lease a covered school building within the time frame described in
27 subsection (e)(1), (l)(1), the department shall send notification to each
28 interested person and the school corporation that the department has
29 received two (2) or more preliminary requests under this section. An
30 authorizer committee shall be established, with each statewide
31 authorizer that has authorized one (1) or more charter schools
32 appointing a representative, and the committee shall establish the
33 chairperson and procedures for the committee. Within sixty (60) days
34 of receiving notice under this subsection, the committee shall select
35 which charter school may proceed under subsection (k) (r) to purchase
36 or lease the covered school building or determine if two (2) or more
37 charter schools should co-locate within the covered school building.
38 The committee shall base the committee's decision on the following
39 criteria:
40 (1) Preference shall be given to existing charter schools that have
41 a proven track record of student academic performance.
42 (2) If two (2) or more charter schools of proven academic
SB 270—LS 6975/DI 110 21
1 performance are competing and only one (1) charter school is
2 operating in the county in which the covered school building is
3 located, the charter school in the same county as the covered
4 school building shall be given preference.
5 In the event that the committee determines that two (2) or more charter
6 schools should co-locate in the covered school building, the charter
7 schools have sixty (60) days to submit a memorandum of
8 understanding stating that the charter schools shall be jointly and
9 severally liable for the obligations related to the sale or lease of the
10 covered school building, and specifying how the charter schools will
11 utilize the covered school building and share responsibility for
12 operational, maintenance, and renovation expenses. If the charter
13 schools are unable to agree, the charter schools shall be deemed to have
14 revoked their prior request regarding the lease or sale of the covered
15 school building. The committee shall give notice of the committee's
16 decision to the school corporation and each interested person. A charter
17 school that is not selected by the committee may appeal the decision to
18 the state board not more than thirty (30) days after receipt of the
19 committee's decision. The state board shall issue a final order in the
20 appeal not more than sixty (60) days after receipt of a properly filed
21 appeal. Notice of the appeal and the final order in the appeal must be
22 given to the school corporation.
23 (h) (o) If a charter school does not submit a preliminary request to
24 purchase or lease the covered school building and only one (1) state
25 educational institution submits a preliminary request to purchase or
26 lease the covered school building, the department shall:
27 (1) notify the school corporation of the identity of the state
28 educational institution; and
29 (2) direct the school corporation to complete a sale or lease to the
30 state educational institution in accordance with subsection (k).
31 (r).
32 (i) (p) If one (1) or more state educational institutions submit
33 preliminary requests to purchase or lease a covered school building, a
34 selection committee shall be established consisting of one (1) member
35 appointed by the executive of the largest city or town in the county in
36 which the covered school building is located, one (1) member
37 appointed by the city or town council of the largest city or town in the
38 county in which the covered school building is located, one (1) member
39 appointed by the county commissioners of the county in which the
40 covered school building is located, one (1) member appointed by the
41 county council of the county in which the covered school building is
42 located, and one (1) member appointed by the chamber of commerce
SB 270—LS 6975/DI 110 22
1 of the county in which the covered school building is located.
2 (j) (q) Not later than sixty (60) days after the date that a member is
3 appointed under subsection (i), (p), the committee shall:
4 (1) select which state educational institution may proceed to
5 purchase or lease the covered school building; or
6 (2) determine whether more than one (1) state educational
7 institution should co-locate within the covered school building.
8 In making the committee's determination, the committee shall give
9 preference to a state educational institution whose proposed use of the
10 covered school building is assessed as having the greatest educational
11 benefit for prekindergarten through grade 12 education. A committee
12 determination under this subsection may not be appealed.
13 (k) (r) A school corporation shall lease the covered school building
14 for one dollar ($1) per year to the charter school or state educational
15 institution for as long as the:
16 (1) charter school uses the covered school building for classroom
17 instruction for any combination of kindergarten through grade 12;
18 or
19 (2) state educational institution uses the covered school building
20 for an academic purpose.
21 The term of the lease shall be established at the charter school's or state
22 educational institution's discretion and include an option for the state
23 educational institution or charter school to purchase the covered school
24 building for one dollar ($1). Alternatively, the school corporation shall
25 sell the covered school building to the charter school or state
26 educational institution for one dollar ($1), if the charter school or state
27 educational institution has met the requirements set forth in subsection
28 (e) (l) and uses the covered school building in the manner prescribed
29 by this subsection. If the charter school or state educational institution
30 selected to lease or purchase the covered school building has met the
31 requirements under subsection (e), (l), the school corporation has not
32 more than ninety (90) days after the date notice of a final unappealable
33 decision is received by the school corporation to complete the lease or
34 sale of the covered school building to the charter school or state
35 educational institution. If the transaction is not completed within ninety
36 (90) days, the department or the selected charter school or state
37 educational institution may, under section 9 of this chapter, request that
38 the attorney general enforce the sale or lease or may file suit to enforce
39 the sale or lease. If a charter school or state educational institution has
40 not met the requirements under subsection (e), (l), the school
41 corporation may sell or otherwise dispose of the covered school
42 building in accordance with IC 36-1-11, IC 20-25-4-14, and
SB 270—LS 6975/DI 110 23
1 IC 20-26-5-4(a)(7).
2 SECTION 7. IC 20-26-7.1-5, AS AMENDED BY P.L.189-2023,
3 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 5. (a) If:
5 (1) a covered school building is sold to a charter school or state
6 educational institution under section 4 of this chapter; and
7 (2) the charter school or state educational institution described in
8 subdivision (1) no longer intends to use the covered school
9 building for the purposes described in section 4(e) 4(l) of this
10 chapter;
11 the charter school or state educational institution shall offer to transfer
12 the covered school building back to the school corporation that initially
13 sold the covered school building to the charter school or state
14 educational institution.
15 (b) If a school corporation described in subsection (a) declines the
16 offer to transfer a covered school building back to the school
17 corporation, the charter school or state educational institution may sell
18 or transfer the covered school building to a third party. If a charter
19 school or state educational institution sells or transfers a covered
20 school building to a third party under this subsection, the charter school
21 or state educational institution must transfer an amount equal to the
22 gain in the property minus the adjusted basis (including costs of
23 improvements to the covered school building) to the school corporation
24 that initially sold the covered school building to the charter school or
25 state educational institution. Gain and adjusted basis shall be
26 determined in the manner prescribed by the Internal Revenue Code and
27 the applicable Internal Revenue Service regulations and guidelines.
28 (c) A charter school or state educational institution that purchases
29 a covered school building assumes total control of the covered school
30 building and must maintain the covered school building, including
31 utilities, insurance, maintenance, and repairs. In the event a:
32 (1) charter school does not use the covered school building for
33 classroom instruction; or
34 (2) state educational institution does not use the covered school
35 building for an academic purpose;
36 within two (2) years after acquiring the covered school building, the
37 covered school building shall revert to the school corporation, which
38 may sell or otherwise dispose of the covered school building under
39 IC 36-1-11.
40 SECTION 8. IC 20-26-7.1-5.3, AS ADDED BY P.L.189-2023,
41 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 5.3. (a) This section applies to a covered school
SB 270—LS 6975/DI 110 24
1 building to which the following apply:
2 (1) The covered school building was purchased or leased by a
3 charter school under this chapter.
4 (2) The total student enrollment for in-person instruction in
5 the school building in the current school year is at least ten
6 percent (10%) less than the student enrollment for in-person
7 instruction in the school building in a school year that
8 precedes the current school year by five (5).
9 (b) A school corporation may not petition the department under
10 subsection (c) within the first five (5) years after a charter school
11 purchased or initially leased a covered school building under this
12 chapter.
13 (c) Subject to subsection (f), if the number of full-time equivalent
14 students enrolled for in-person instruction in a school building on
15 instructional days (as determined under IC 20-30-2) for instructional
16 purposes for a school year is not at least sixty fifty percent (60%)
17 (50%) of
18 (1) the known classroom design capacity of the school building,
19 or
20 (2) if the design capacity is not known, the average maximum
21 full-time equivalent enrollment in any of the last twenty-five (25)
22 years, as validated by records created or maintained by the
23 department;
24 the school corporation that leased or sold the school building to the
25 charter school may file a petition with the department requesting that
26 the charter school transfer the school building back to the school
27 corporation.
28 (d) Before filing a petition under subsection (c), the school
29 corporation must give written notice to the charter school to determine
30 whether an agreement can be reached regarding transferring the school
31 building to the school corporation.
32 (e) A petition filed under this section is subject to the same
33 procedures under IC 20-26-7-47 as a petition filed under
34 IC 20-26-7-47(h).
35 (f) For purposes of determining classroom design capacity
36 under subsection (c), if a charter school reconfigures a school
37 building after the charter school leases or purchases the school
38 building, the classroom design capacity must be determined based
39 on the reconfigured school building and not the classroom design
40 capacity of the school building at the time of the lease or purchase.
41 SECTION 9. IC 20-26-7.1-9, AS AMENDED BY P.L.189-2023,
42 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 270—LS 6975/DI 110 25
1 JULY 1, 2024]: Sec. 9. (a) The attorney general, in consultation with
2 the department and state board, is authorized to take any action
3 necessary to enforce a department or state board order under
4 IC 20-26-7-47 or this chapter (or an order issued by the attorney
5 general under this chapter (as effective before July 1, 2023)), including
6 equitable actions to enjoin or mandate an action of a school
7 corporation. No final court order shall be issued until the school
8 corporation has had ninety (90) days after the department or state board
9 has issued a final order to complete a sale or lease of the covered
10 school building.
11 (b) If the attorney general does not commence legal action for an
12 injunction to enforce a final order to make a covered school building
13 available for purchase or lease under this chapter within one hundred
14 (100) days after the date the final order was issued, the a charter school
15 or state educational institution that submitted the preliminary notice of
16 interest to acquire or lease the covered school building provides, any
17 time before one hundred (100) days after the date the final order
18 was issued, a written notice of interest to purchase or lease the
19 school building to the:
20 (1) school corporation;
21 (2) department; and
22 (3) office of the attorney general;
23 may file a civil action to enforce this chapter.
24 (b) (c) In addition to the remedy under subsection subsections (a)
25 and (b), if a school corporation does not comply with the requirements
26 to sell or lease a covered school building under this chapter, the school
27 corporation shall submit any proceeds from the sale of the covered
28 school building to the state board, which shall be distributed equally
29 between each charter school located in the attendance area of the
30 school corporation. If no charter schools are located in the attendance
31 area, the state board must use the proceeds to provide grants under the
32 charter school and innovation grant program under IC 20-24-13. The
33 attorney general is authorized to initiate any legal action necessary to
34 ensure compliance with this chapter, including ensuring compliance
35 by the department regarding providing notification to interested
36 persons under section 4 of this chapter.
37 (d) If a school corporation transfers a covered school building
38 in violation of this chapter, the transfer is void. The attorney
39 general or a charter school may bring an action in court against
40 the school corporation and the transferee to enjoin the violation of
41 this chapter and void the transfer of the covered school building.
42 If a charter school brings an action under this subsection and the
SB 270—LS 6975/DI 110 26
1 court finds a school corporation transferred a covered school
2 building in violation of this chapter, the court shall award
3 reasonable attorney's fees to the charter school.
4 SECTION 10. IC 20-26-7.1-11 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 11. IC 20-26-7-47 and this
7 chapter shall be liberally construed to serve the legislative purpose
8 of making closed covered school buildings available for use by
9 charter schools.
10 SECTION 11. IC 20-28-5.5-1, AS AMENDED BY P.L.250-2023,
11 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1. (a) Subject to section 1.5 of this chapter, the
13 state board shall determine the timing, frequency, whether training
14 requirements can be combined or merged, and the method of training,
15 including whether the training should be required for purposes of
16 obtaining or renewing a license under IC 20-28-5, or, in consultation
17 with teacher preparation programs (as defined in IC 20-28-3-1(b)), as
18 part of the completion requirements for a teacher preparation program
19 for training required under the following sections:
20 IC 20-26-5-34.2.
21 IC 20-28-3-4.5.
22 IC 20-28-3-6.
23 IC 20-28-3-7.
24 IC 20-34-7-6.
25 IC 20-34-7-7.
26 IC 20-34-8-9.
27 However, nothing in this subsection shall be construed to authorize the
28 state board to suspend or otherwise eliminate training requirements
29 described in this subsection.
30 (b) Subject to section 1.5 of this chapter, in addition to the training
31 described in subsection (a), the department shall, in a manner
32 prescribed by the state board:
33 (1) ensure a teacher has training in:
34 (A) cardiopulmonary resuscitation that includes:
35 (i) a test demonstration on a mannequin; and
36 (ii) recognition of the signs and symptoms of seizures and
37 the appropriate actions to respond to the signs and
38 symptoms of seizures;
39 (B) removing a foreign body causing an obstruction in an
40 airway;
41 (C) the Heimlich maneuver; and
42 (D) the use of an automated external defibrillator;
SB 270—LS 6975/DI 110 27
1 (2) ensure a teacher holds a valid certification in each of the
2 procedures described in subdivision (1) issued by:
3 (A) the American Red Cross;
4 (B) the American Heart Association; or
5 (C) a comparable organization or institution approved by the
6 state board; or
7 (3) determine if a teacher has physical limitations that make it
8 impracticable to complete a course or certification described in
9 subdivision (1) or (2).
10 The state board shall determine the timing, frequency, whether training
11 requirements can be combined or merged, and the method of training
12 or certification, including whether the training or certification should
13 be required for purposes of obtaining or renewing a license under
14 IC 20-28-5, or, in consultation with teacher preparation programs (as
15 defined in IC 20-28-3-1(b)), as part of the completion requirements for
16 a teacher preparation program. However, the frequency of the training
17 may not be more frequent and the method of training may not be more
18 stringent than required in IC 20-28-5-3(c) through IC 20-28-5-3(e), as
19 in effect on January 1, 2020. Nothing in this subsection shall be
20 construed to authorize the state board to suspend or otherwise eliminate
21 training requirements described in this subsection.
22 (c) The state board may recommend to the general assembly, in a
23 report in an electronic format under IC 5-14-6, to eliminate training
24 requirements described in subsection (a) or (b).
25 (d) In determining the training requirements for a school
26 corporation, charter school, or state accredited nonpublic school for
27 training required under:
28 (1) IC 20-26-5-34.2;
29 (2) IC 20-28-3-4.5;
30 (3) IC 20-28-3-6; or
31 (4) IC 20-28-3-7;
32 the state board may consider whether a particular teacher received the
33 training described in this subsection as part of the teacher's licensing
34 requirements or at a teacher preparation program when determining
35 whether the particular teacher is required to receive the training by the
36 school corporation, charter school, or state accredited nonpublic
37 school.
38 SECTION 12. IC 20-34-8-9, AS AMENDED BY P.L.187-2023,
39 SECTION 2, AND AS AMENDED BY P.L.250-2023, SECTION 39,
40 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
41 OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
42 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
SB 270—LS 6975/DI 110 28
1 Sec. 9. (a) This section applies to:
2 (1) a head coach or assistant coach who coaches an athletic
3 activity;
4 (2) a marching band leader; or
5 (3) a drama or musical leader; or
6 (3) (4) a leader of an extracurricular activity in which students
7 have an increased risk of sudden cardiac arrest activity as
8 determined by the department in consultation with an
9 organization that specializes in the prevention of sudden cardiac
10 arrest.
11 (b) An individual described in subsection (a) shall complete the
12 sudden cardiac arrest training course offered by a provider approved by
13 the department in a manner specified by the state board under
14 IC 20-28-5.5-1 or IC 20-28-5.5-1.5. The sudden cardiac arrest training
15 course described in this subsection must include training in the:
16 (1) use of an automated external defibrillator (AED); and
17 (2) recognition of the signs and symptoms of seizures and the
18 appropriate actions to respond to the signs and symptoms of
19 seizures.
20 An individual described in subsection (a) may not coach or lead the
21 athletic activity event in which students have an increased risk of
22 sudden cardiac arrest until the individual completes the training course
23 required under this subsection. The provider shall provide the school
24 with a certificate of completion to the school corporation, charter
25 school, or state accredited nonpublic school for each individual who
26 completes a course under this subsection.
27 (c) Each school corporation, charter school, or state accredited
28 nonpublic school shall maintain all certificates of completion awarded
29 under subsection (b) for each individual described in subsection (a).
30 (d) An individual described in subsection (a) who complies with this
31 section and provides coaching or leadership services in good faith is
32 not personally liable for damages in a civil action as a result of a
33 sudden cardiac arrest incurred by an applicable student participating in
34 an athletic activity event in which students have an increased risk of
35 sudden cardiac arrest for which the head coach, assistant coach,
36 marching band leader, drama or musical leader, or other applicable
37 leader provided coaching or leadership services, except for an act or
38 omission by the individual described in subsection (a) that constitutes
39 gross negligence or willful or wanton misconduct.
40 (e) An individual described in subsection (a) may ensure that an
41 operational automated external defibrillator (AED) is present at each
42 event in which students have an increased risk of sudden cardiac
SB 270—LS 6975/DI 110 29
1 arrest for which the individual described in subsection (a) is providing
2 coaching or leadership.
3 (f) An automated external defibrillator (AED) described in
4 subsection (e) may be:
5 (1) deployed in accordance with the venue specific emergency
6 action plan for sudden cardiac arrest developed under subsection
7 (i);
8 (2) except as provided in subsection (g), located on the premises
9 where the event in which students have an increased risk of
10 sudden cardiac arrest occurs; and
11 (3) present for the duration of the event in which students have an
12 increased risk of sudden cardiac arrest.
13 (g) One (1) automated external defibrillator (AED) may be shared
14 by two (2) or more events in which students have an increased risk of
15 sudden cardiac arrest if the following conditions are met:
16 (1) The events in which students have an increased risk of sudden
17 cardiac arrest occur at the same time.
18 (2) The events in which students have an increased risk of sudden
19 cardiac arrest occur in locations that are in close proximity to
20 each other, as determined by the department.
21 (3) The automated external defibrillator (AED) is placed in a
22 designated location that is between the events in which students
23 have an increased risk of sudden cardiac arrest and meets the
24 requirement of subsection (f)(3).
25 (4) Each individual described in subsection (a) who conducts an
26 event in which students have an increased risk of sudden cardiac
27 arrest described in this subsection is aware of the designated
28 location of the automated external defibrillator (AED).
29 (h) At each event in which students have an increased risk of sudden
30 cardiac arrest, an individual described in subsection (a) may inform
31 all individuals who are coaching or providing leadership at the event
32 in which students have an increased risk of sudden cardiac arrest of
33 the location of the automated external defibrillator (AED).
34 (i) A school corporation, charter school, and state accredited
35 nonpublic school may do the following:
36 (1) Ensure that an automated external defibrillator (AED)
37 described in subsection (e) is properly maintained.
38 (2) Develop a venue specific emergency action plan for sudden
39 cardiac arrest that:
40 (A) establishes a goal of responding within three (3) minutes
41 to a sudden cardiac arrest occurring within the venue; and
42 (B) requires the performance of periodic drills at times and
SB 270—LS 6975/DI 110 30
1 locations determined by the governing body.
2 (3) Distribute the plan described in subdivision (2) to the school
3 board.
4 (4) Share the plan described in subdivision (2) with each
5 individual described in subsection (a).
6 (5) Post the plan described in subdivision (2) in a conspicuous
7 place so that it is visible by any participants of an activity at the
8 venue.
9 (6) Before the beginning of the season of each event in which
10 students have an increased risk of sudden cardiac arrest, share
11 the plan described in subdivision (2) with all applicable students.
12 (j) A school corporation, a charter school, a state accredited
13 nonpublic school (as defined in IC 20-18-2-18.7), or an accredited
14 nonpublic school (as defined in IC 10-21-1-1) may apply for a grant
15 under IC 10-21-1-2(a)(1)(C)(viii) to purchase an automated external
16 defibrillator (AED) if the school corporation, charter school, state
17 accredited nonpublic school or accredited nonpublic school develops
18 a venue specific emergency action plan for sudden cardiac arrest.
19 SECTION 13. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
20 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 MAY 10, 2024]: Sec. 8. (a) Subject to subsections (e), (f), and (g) and
22 this chapter, the governing body of a school corporation may adopt a
23 resolution to place a referendum under this chapter on the ballot for any
24 of the following purposes:
25 (1) The governing body of the school corporation determines that
26 it cannot, in a calendar year, carry out its public educational duty
27 unless it imposes a referendum tax levy under this chapter.
28 (2) The governing body of the school corporation determines that
29 a referendum tax levy under this chapter should be imposed to
30 replace property tax revenue that the school corporation will not
31 receive because of the application of the credit under
32 IC 6-1.1-20.6.
33 (3) Except for resolutions described in subsection (b), the
34 governing body makes the determination required under
35 subdivision (1) or (2) and determines to share a portion of the
36 referendum proceeds with a charter school, excluding a virtual
37 charter school, in the manner prescribed in subsection (e).
38 (b) A resolution for a referendum for a county described in section
39 21 of this chapter that is adopted after May 10, 2023, shall specify that
40 a portion of the proceeds collected from the proposed levy will be
41 distributed to applicable charter schools in the manner described under
42 section 21 of this chapter.
SB 270—LS 6975/DI 110 31
1 (c) The governing body of the school corporation shall certify a
2 copy of the resolution to place a referendum on the ballot to the
3 following:
4 (1) The department of local government finance, including:
5 (A) the language for the question required by section 10 of this
6 chapter, or in the case of a resolution to extend a referendum
7 levy certified to the department of local government finance
8 after March 15, 2016, section 10.1 of this chapter; and
9 (B) a copy of the revenue spending plan adopted under
10 subsection (g).
11 The language of the public question must include the estimated
12 average percentage increases certified by the county auditor under
13 section 10(e) or 10.1(f) of this chapter, as applicable. The
14 governing body of the school corporation shall also provide the
15 county auditor's certification described in section 10(e) or 10.1(f)
16 of this chapter, as applicable. The department of local government
17 finance shall post the values certified by the county auditor to the
18 department's website. The department shall review the language
19 for compliance with section 10 or 10.1 of this chapter, whichever
20 is applicable, and either approve or reject the language. The
21 department shall send its decision to the governing body of the
22 school corporation not more than ten (10) days after the resolution
23 is submitted to the department. If the language is approved, the
24 governing body of the school corporation shall certify a copy of
25 the resolution, including the language for the question and the
26 department's approval.
27 (2) The county fiscal body of each county in which the school
28 corporation is located (for informational purposes only).
29 (3) The circuit court clerk of each county in which the school
30 corporation is located.
31 (d) If a school safety referendum tax levy under IC 20-46-9 has been
32 approved by the voters in a school corporation at any time in the
33 previous three (3) years, the school corporation may not:
34 (1) adopt a resolution to place a referendum under this chapter on
35 the ballot; or
36 (2) otherwise place a referendum under this chapter on the ballot.
37 (e) Except as provided in section 21 of this chapter, the resolution
38 described in subsection (a) must indicate whether proceeds in the
39 school corporation's education fund collected from a tax levy under this
40 chapter will be used to provide a distribution to a charter school or
41 charter schools, excluding a virtual charter school, under IC 20-40-3-5
42 as well as the amount that will be distributed to the particular charter
SB 270—LS 6975/DI 110 32
1 school or charter schools. A school corporation may request from the
2 designated charter school or charter schools any financial
3 documentation necessary to demonstrate the financial need of the
4 charter school or charter schools. Distribution to a charter school of
5 proceeds from a referendum held before May 10, 2023, does not
6 provide exemption from this chapter.
7 (f) This subsection applies to a resolution described in subsection
8 (a) for a county described in section 21(a) of this chapter that is
9 adopted after May 10, 2023. The resolution described in subsection (a)
10 shall include a projection of the amount that the school corporation
11 expects to be distributed to a particular charter school, excluding
12 virtual charter schools or adult high schools, under section 21 of this
13 chapter if the charter school voluntarily elects to participate in the
14 referendum in the manner described in subsection (i). At least sixty
15 (60) days before the resolution described in subsection (a) is voted on
16 by the governing body, the school corporation shall contact the
17 department to determine the number of students in kindergarten
18 through grade 12 who have legal settlement in the school corporation
19 but attend a charter school, excluding virtual charter schools or adult
20 high schools, and who receive not more than fifty percent (50%) virtual
21 instruction. The department shall provide the school corporation with
22 the number of students with legal settlement in the school corporation
23 who attend a charter school and who receive not more than fifty percent
24 (50%) virtual instruction, which shall be disaggregated for each
25 particular charter school, excluding a virtual charter school or adult
26 high school. The projection may include an expected increase in
27 charter schools during the term the levy is imposed under this chapter.
28 The department of local government finance shall prescribe the manner
29 in which the projection shall be calculated. The governing body shall
30 take into consideration the projection when adopting the revenue
31 spending plan under subsection (g).
32 (g) As part of the resolution described in subsection (a), the
33 governing body of the school corporation shall adopt a revenue
34 spending plan for the proposed referendum tax levy that includes:
35 (1) an estimate of the amount of annual revenue expected to be
36 collected if a levy is imposed under this chapter;
37 (2) the specific purposes for which the revenue collected from a
38 levy imposed under this chapter will be used;
39 (3) an estimate of the annual dollar amounts that will be expended
40 for each purpose described in subdivision (2); and
41 (4) for a resolution for a referendum that is adopted after May 10,
42 2023, for a county described in section 21(a) of this chapter, the
SB 270—LS 6975/DI 110 33
1 projected revenue that shall be distributed to charter schools as
2 provided in subsections (f) and (i). The revenue spending plan
3 shall also take into consideration deviations in the proposed
4 revenue spending plan if the actual charter school distributions
5 exceed or are lower than the projected charter school distributions
6 described in subsection (f). The resolution shall include for each
7 charter school that elects to participate under subsection (i)
8 information described in subdivisions (1) through (3).
9 (h) A school corporation shall specify in its proposed budget the
10 school corporation's revenue spending plan adopted under subsection
11 (g) and annually present the revenue spending plan at its public hearing
12 on the proposed budget under IC 6-1.1-17-3.
13 (i) This subsection applies to a resolution described in subsection
14 (a) for a county described in section 21(a) of this chapter that is
15 adopted after May 10, 2023. At least forty-five (45) days before the
16 resolution described in subsection (a) is voted on by the governing
17 body, the school corporation shall contact each charter school,
18 excluding virtual charter schools or adult high schools, disclosed by the
19 department to the school corporation under subsection (f) to determine
20 whether the charter school will participate in the referendum. The
21 charter school must respond in writing to the school corporation at least
22 fifteen (15) days prior to the date that the resolution described in
23 subsection (a) is to be voted on by the governing body. If the charter
24 school elects to not participate in the referendum, the school
25 corporation may exclude distributions to the charter school under
26 section 21 of this chapter and from the projection described in
27 subsection (f). If the charter school elects to participate in the
28 referendum, the charter school may receive distributions under section
29 21 of this chapter and must be included in the projection described in
30 subsection (f). In addition, a charter school that elects to participate in
31 the referendum under this subsection shall contribute a proportionate
32 share of the cost to conduct the referendum based on the total
33 combined ADM of the school corporation and any participating charter
34 schools.
35 (j) This subsection applies to a resolution described in subsection
36 (a) for a county described in section 21(a) of this chapter that is
37 adopted after May 10, 2023. At least thirty (30) days before the
38 resolution described in subsection (a) is voted on by the governing
39 body, the school corporation that is pursuing the resolution and any
40 charter school that has elected to participate under subsection (i), shall
41 post a referendum disclosure statement on each school's respective
42 website that contains the following information:
SB 270—LS 6975/DI 110 34
1 (1) The salaries of all employees employed by the school
2 corporation or charter school listed from highest salary to lowest
3 salary.
4 (2) An acknowledgment that the school corporation or charter
5 school is not committing any crime described in IC 35-44.1-1.
6 (3) A link to the school corporation's or charter school's most
7 recent state board of accounts audit on the state board of accounts'
8 website.
9 (4) The current enrollment of the school corporation or charter
10 school disaggregated by student group and race.
11 (5) The school corporation's or charter school's high school
12 graduation rate.
13 (6) The school corporation's or charter school's annual retention
14 rate for teachers for the previous five (5) years.
15 SECTION 14. IC 21-18-6-8 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 8. (a) The commission shall do the
18 following:
19 (1) Study and make recommendations regarding allowing:
20 (A) Ivy Tech Community College to award bachelor's
21 degrees; and
22 (B) Vincennes University to offer additional programs that
23 lead to a bachelor's degree.
24 (2) Not later than October 31, 2024, do the following:
25 (A) Prepare a report regarding the study and
26 recommendations described in subdivision (1).
27 (B) Submit the report to the general assembly in an
28 electronic format under IC 5-14-6.
29 (b) This section expires January 1, 2025.
30 SECTION 15. [EFFECTIVE UPON PASSAGE] (a) The legislative
31 council is urged to assign to the appropriate study committee
32 during the 2024 legislative interim the topic of studying the charter
33 school authorization process to determine opportunities for
34 efficiency and equity.
35 (b) This SECTION expires January 1, 2025.
36 SECTION 16. An emergency is declared for this act.
SB 270—LS 6975/DI 110 35
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.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, 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 2, line 11, delete "general assembly" and insert "legislative
council".
Page 31, delete lines 13 through 42.
Page 32, delete lines 1 through 26.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 270 as printed January 26, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 11, Nays 3.
SB 270—LS 6975/DI 110 36
SENATE MOTION
Madam President: I move that Senate Bill 270 be amended to read
as follows:
Page 1, line 1, delete "IC 20-19-3-33" and insert "IC 20-19-3-34".
Page 1, line 3, delete "Sec. 33." and insert "Sec. 34.".
Page 20, line 25, reset in roman "(d),".
Page 20, line 25, delete "(i),".
Page 33, line 35, beginning with "(g)" begin a new paragraph.
(Reference is to SB 270 as printed February 2, 2024.)
ROGERS
_____
SENATE MOTION
Madam President: I move that Senate Bill 270 be amended to read
as follows:
Page 1, delete lines 1 through 15, begin a new paragraph and insert:
"SECTION 1. IC 20-19-3-34 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 34. (a) The department shall study the
following:
(1) Creating clearinghouses for each region of Indiana that
enable all high schools, approved postsecondary educational
institutions (as defined in IC 21-7-13-6(a)), and employers in
the applicable region to exchange information through
websites regarding internship opportunities and for which
each user of a clearinghouse uses information forms that are
standardized for that region.
(2) Selecting an organization to design, operate, and maintain
regional clearinghouses described in subdivision (1).
(3) Defining regional clearinghouse reporting requirements.
(b) In carrying out subsection (a), the department shall consult
with the department of workforce development, the commission for
higher education, and regional groups of employers, schools, and
workforce development boards.
(c) Not later than October 31, 2024, the department shall do the
following:
(1) Prepare a report regarding:
(A) information concerning the study under subsection (a),
including the costs of implementation, recognition or
SB 270—LS 6975/DI 110 37
creation of; and
(B) any recommendations regarding the implementation,
recognition, or creation of;
clearinghouses for each region as described in subsection (a).
 (2) Submit the report prepared under subdivision (1) to the
legislative council in an electronic format under IC 5-14-6.".
Delete page 2.
Page 3, delete lines 1 through 21.
Page 15, line 6, delete "IC 20-46-1-21(c)" and insert "IC
20-46-1-21(b)".
Page 15, between lines 11 and 12, begin a new line block indented
and insert:
"The above subdivisions are intended to apply retroactively.
No referendums or distributed revenue prior to May 10, 2023,
are effective to provide exemption from this chapter.".
Page 15, between lines 20 and 21, begin a new line block indented
and insert:
"The above subdivisions are intended to apply retroactively.
No resolutions, referendums, or distributed revenue prior to
May 10, 2023, are effective to provide exemption from this
chapter.".
Page 15, line 25, delete "IC 20-46-1-21(e)" and insert "IC
20-46-1-21(d)".
Page 15, between lines 39 and 40, begin a new paragraph and insert:
"(c) In order for any payment to a charter school to qualify as
sharing of proceeds from a referendum for purposes of exemption
from IC 20-26-7.1, the referendum must have been passed with
prior notice to voters of all amounts of referendum proceeds to be
paid to charter schools. Any claim of exemption based on payment
of proceeds from a referendum passed without such notice is
void.".
Page 31, delete lines 13 through 42, begin a new paragraph and
insert:
"SECTION 16. IC 20-46-1-8, AS AMENDED BY P.L.189-2023,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
MAY 10, 2024]: Sec. 8. (a) Subject to subsections (e), (f), and (g) and
this chapter, the governing body of a school corporation may adopt a
resolution to place a referendum under this chapter on the ballot for any
of the following purposes:
(1) The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
SB 270—LS 6975/DI 110 38
(2) The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under
IC 6-1.1-20.6.
(3) Except for resolutions described in subsection (b), the
governing body makes the determination required under
subdivision (1) or (2) and determines to share a portion of the
referendum proceeds with a charter school, excluding a virtual
charter school, in the manner prescribed in subsection (e).
(b) A resolution for a referendum for a county described in section
21 of this chapter that is adopted after May 10, 2023, shall specify that
a portion of the proceeds collected from the proposed levy will be
distributed to applicable charter schools in the manner described under
section 21 of this chapter.
(c) The governing body of the school corporation shall certify a
copy of the resolution to place a referendum on the ballot to the
following:
(1) The department of local government finance, including:
(A) the language for the question required by section 10 of this
chapter, or in the case of a resolution to extend a referendum
levy certified to the department of local government finance
after March 15, 2016, section 10.1 of this chapter; and
(B) a copy of the revenue spending plan adopted under
subsection (g).
The language of the public question must include the estimated
average percentage increases certified by the county auditor under
section 10(e) or 10.1(f) of this chapter, as applicable. The
governing body of the school corporation shall also provide the
county auditor's certification described in section 10(e) or 10.1(f)
of this chapter, as applicable. The department of local government
finance shall post the values certified by the county auditor to the
department's website. The department shall review the language
for compliance with section 10 or 10.1 of this chapter, whichever
is applicable, and either approve or reject the language. The
department shall send its decision to the governing body of the
school corporation not more than ten (10) days after the resolution
is submitted to the department. If the language is approved, the
governing body of the school corporation shall certify a copy of
the resolution, including the language for the question and the
department's approval.
(2) The county fiscal body of each county in which the school
SB 270—LS 6975/DI 110 39
corporation is located (for informational purposes only).
(3) The circuit court clerk of each county in which the school
corporation is located.
(d) If a school safety referendum tax levy under IC 20-46-9 has been
approved by the voters in a school corporation at any time in the
previous three (3) years, the school corporation may not:
(1) adopt a resolution to place a referendum under this chapter on
the ballot; or
(2) otherwise place a referendum under this chapter on the ballot.
(e) Except as provided in section 21 of this chapter, the resolution
described in subsection (a) must indicate whether proceeds in the
school corporation's education fund collected from a tax levy under this
chapter will be used to provide a distribution to a charter school or
charter schools, excluding a virtual charter school, under IC 20-40-3-5
as well as the amount that will be distributed to the particular charter
school or charter schools. A school corporation may request from the
designated charter school or charter schools any financial
documentation necessary to demonstrate the financial need of the
charter school or charter schools. Distribution to a charter school of
proceeds from a referendum held before May 10, 2023, does not
provide exemption from this chapter.
(f) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. The resolution described in subsection (a)
shall include a projection of the amount that the school corporation
expects to be distributed to a particular charter school, excluding
virtual charter schools or adult high schools, under section 21 of this
chapter if the charter school voluntarily elects to participate in the
referendum in the manner described in subsection (i). At least sixty
(60) days before the resolution described in subsection (a) is voted on
by the governing body, the school corporation shall contact the
department to determine the number of students in kindergarten
through grade 12 who have legal settlement in the school corporation
but attend a charter school, excluding virtual charter schools or adult
high schools, and who receive not more than fifty percent (50%) virtual
instruction. The department shall provide the school corporation with
the number of students with legal settlement in the school corporation
who attend a charter school and who receive not more than fifty percent
(50%) virtual instruction, which shall be disaggregated for each
particular charter school, excluding a virtual charter school or adult
high school. The projection may include an expected increase in
charter schools during the term the levy is imposed under this chapter.
SB 270—LS 6975/DI 110 40
The department of local government finance shall prescribe the manner
in which the projection shall be calculated. The governing body shall
take into consideration the projection when adopting the revenue
spending plan under subsection (g).
(g) As part of the resolution described in subsection (a), the
governing body of the school corporation shall adopt a revenue
spending plan for the proposed referendum tax levy that includes:
(1) an estimate of the amount of annual revenue expected to be
collected if a levy is imposed under this chapter;
(2) the specific purposes for which the revenue collected from a
levy imposed under this chapter will be used;
(3) an estimate of the annual dollar amounts that will be expended
for each purpose described in subdivision (2); and
(4) for a resolution for a referendum that is adopted after May 10,
2023, for a county described in section 21(a) of this chapter, the
projected revenue that shall be distributed to charter schools as
provided in subsections (f) and (i). The revenue spending plan
shall also take into consideration deviations in the proposed
revenue spending plan if the actual charter school distributions
exceed or are lower than the projected charter school distributions
described in subsection (f). The resolution shall include for each
charter school that elects to participate under subsection (i)
information described in subdivisions (1) through (3).
(h) A school corporation shall specify in its proposed budget the
school corporation's revenue spending plan adopted under subsection
(g) and annually present the revenue spending plan at its public hearing
on the proposed budget under IC 6-1.1-17-3.
(i) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. At least forty-five (45) days before the
resolution described in subsection (a) is voted on by the governing
body, the school corporation shall contact each charter school,
excluding virtual charter schools or adult high schools, disclosed by the
department to the school corporation under subsection (f) to determine
whether the charter school will participate in the referendum. The
charter school must respond in writing to the school corporation at least
fifteen (15) days prior to the date that the resolution described in
subsection (a) is to be voted on by the governing body. If the charter
school elects to not participate in the referendum, the school
corporation may exclude distributions to the charter school under
section 21 of this chapter and from the projection described in
subsection (f). If the charter school elects to participate in the
SB 270—LS 6975/DI 110 41
referendum, the charter school may receive distributions under section
21 of this chapter and must be included in the projection described in
subsection (f). In addition, a charter school that elects to participate in
the referendum under this subsection shall contribute a proportionate
share of the cost to conduct the referendum based on the total
combined ADM of the school corporation and any participating charter
schools.
(j) This subsection applies to a resolution described in subsection
(a) for a county described in section 21(a) of this chapter that is
adopted after May 10, 2023. At least thirty (30) days before the
resolution described in subsection (a) is voted on by the governing
body, the school corporation that is pursuing the resolution and any
charter school that has elected to participate under subsection (i), shall
post a referendum disclosure statement on each school's respective
website that contains the following information:
(1) The salaries of all employees employed by the school
corporation or charter school listed from highest salary to lowest
salary.
(2) An acknowledgment that the school corporation or charter
school is not committing any crime described in IC 35-44.1-1.
(3) A link to the school corporation's or charter school's most
recent state board of accounts audit on the state board of accounts'
website.
(4) The current enrollment of the school corporation or charter
school disaggregated by student group and race.
(5) The school corporation's or charter school's high school
graduation rate.
(6) The school corporation's or charter school's annual retention
rate for teachers for the previous five (5) years.".
Delete pages 32 through 36.
Page 37, delete lines 1 through 10.
Renumber all SECTIONS consecutively.
(Reference is to SB 270 as printed February 2, 2024.)
ROGERS
SB 270—LS 6975/DI 110 42
SENATE MOTION
Madam President: I move that Senate Bill 270 be amended to read
as follows:
Page 37, between lines 25 and 26, begin a new paragraph and insert:
"SECTION 20. [EFFECTIVE UPON PASSAGE] (a) The
legislative council is urged to assign to the appropriate study
committee during the 2024 legislative interim the topic of studying
the charter school authorization process to determine
opportunities for efficiency and equity.
(b) This SECTION expires January 1, 2025.".
Renumber all SECTIONS consecutively.
(Reference is to SB 270 as printed February 2, 2024.)
HUNLEY
SB 270—LS 6975/DI 110