Introduced Version
SENATE BILL No. 189
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-7.1-3.
Synopsis: School buildings. Provides that the governing body of the
School City of Hammond school corporation is exempt from
compliance with certain requirements concerning the Gavit High
School building.
Effective: July 1, 2025.
Dernulc
January 8, 2025, read first time and referred to Committee on Education and Career
Development.
2025 IN 189—LS 6338/DI 143 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 189
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 20-26-7.1-3, AS AMENDED BY P.L.36-2024,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 3. (a) Except as provided in section 1 of this
4 chapter or subsection (b), (c), or (d), before a governing body may sell,
5 exchange, lease, demolish, hold without operating, or dispose of a
6 covered school building, a governing body shall make available for
7 lease or purchase by a charter school or state educational institution
8 any covered school building owned by the school corporation or any
9 other entity that is related in any way to, or created by, the school
10 corporation or the governing body, including a building corporation,
11 that the governing body elects to close or the school corporation is
12 required to close under IC 20-26-7-47, in order for the covered school
13 building to be used by a:
14 (1) charter school to conduct prekindergarten through grade 12
15 classroom instruction; or
16 (2) state educational institution for an academic purpose.
17 (b) The following are not required to comply with this chapter:
2025 IN 189—LS 6338/DI 143 2
1 (1) A governing body that vacates a covered school building in
2 order to:
3 (A) renovate the covered school building for a future
4 allowable use by the school corporation as permitted under
5 IC 20-26-7-47; or
6 (B) demolish the covered school building, in whole or part,
7 and build a new school building or an addition to a school
8 building on the same site as the demolished building.
9 (2) An emergency manager of a distressed school corporation
10 under IC 6-1.1-20.3.
11 (3) The governing body of the School City of East Chicago school
12 corporation for the Carrie Gosch Elementary School building.
13 (4) A school corporation that has had a designation as a distressed
14 political subdivision under IC 6-1.1-20.3 within the previous three
15 (3) years.
16 (5) The governing body of the School City of Hammond school
17 corporation for the Gavit High School building.
18 (c) This section does not apply to a covered school building in
19 which a governing body under IC 20-26-5-4(a)(7) entered a lease prior
20 to January 1, 2019, with a state accredited nonpublic school. In
21 addition, the governing body may, during or at the expiration of the
22 term of such lease, sell the school building leased under
23 IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually
24 agreed to by the governing body and the nonpublic school.
25 (d) This section does not apply to a covered school building of a
26 school corporation to which the following apply:
27 (1) The school corporation had, before January 1, 2023, entered
28 into a lease or memorandum of understanding with a nonprofit
29 organization exempt from federal taxation under Section
30 501(c)(3) through 501(c)(7) of the Internal Revenue Code for the
31 use of the covered school building.
32 (2) The lease or memorandum of understanding described in
33 subdivision (1):
34 (A) continues in effect;
35 (B) is renewed; or
36 (C) is replaced by a new lease or memorandum of
37 understanding that is entered into between the school
38 corporation and the nonprofit organization described in
39 subdivision (1).
40 (3) The nonprofit organization described in subdivision (1) uses
41 the covered school building for an educational purpose
42 throughout the term of any lease or memorandum of
2025 IN 189—LS 6338/DI 143 3
1 understanding.
2 If at any time the conditions under subdivisions (2) and (3) are not met,
3 the covered school building is subject to IC 20-26-7-47 and this
4 chapter.
5 (e) A covered school building that a school corporation closes or is
6 required to close may not be retained by the school corporation for
7 storage or office use unless the conditions of IC 20-26-7-47(e)(3),
8 IC 20-26-7-47(e)(4), or IC 20-26-7-47(e)(5) are met.
2025 IN 189—LS 6338/DI 143