Indiana 2025 Regular Session

Indiana Senate Bill SB0518 Compare Versions

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1-*SB0518.2*
2-Reprinted
3-February 20, 2025
1+*SB0518.1*
2+February 12, 2025
43 SENATE BILL No. 518
54 _____
6-DIGEST OF SB 518 (Updated February 19, 2025 5:07 pm - DI 129)
5+DIGEST OF SB 518 (Updated February 11, 2025 1:07 pm - DI 129)
76 Citations Affected: IC 6-1.1; IC 20-24; IC 20-25.7; IC 20-26;
87 IC 20-40; IC 20-46.
98 Synopsis: School property taxes. Provides that all school corporations
109 that adopt a resolution for a property tax levy for a controlled project
1110 or a school safety referendum tax levy after May 10, 2025, must share
1211 revenue received from the levy with certain charter schools. Specifies,
1312 for purposes of making distributions to charter schools from a property
1413 tax levy for a controlled project, that only charter schools located
1514 within the attendance area of the school corporation shall receive a
16-distribution of revenue from that levy and requires such a charter
17-school to establish a separate account to deposit the revenue. Requires
18-all school corporations to share revenue received from a debt service
19-levy with certain charter schools. Requires all school corporations that
20-adopt a resolution for an operating referendum tax levy after May 10,
21-2025, to share revenue received from the levy with certain charter
22-schools. Requires, beginning with distributions in 2028, that all school
23-corporations begin sharing revenue from the school corporation's
24-(Continued next page)
15+distribution of revenue from that levy. Provides that all school
16+corporations must share revenue received from a debt service levy with
17+certain charter schools. Provides that all school corporations that adopt
18+a resolution for an operating referendum tax levy after May 10, 2025,
19+must share revenue received from the levy with certain charter schools.
20+Provides that all school corporations must share revenue from the
21+school corporation's operations fund levy with certain charter schools.
22+Excludes school corporations meeting specified criteria from the
23+sharing of property tax revenue received under the bill's provisions.
24+Provides a calculation for determining the amount of an annual grant
25+from the charter and innovation network school grant program based
26+on the amount of property tax revenue received by a charter school
27+from school corporations. Makes conforming changes.
2528 Effective: May 10, 2025 (retroactive); July 1, 2025.
2629 Rogers, Raatz, Gaskill
2730 January 16, 2025, read first time and referred to Committee on Tax and Fiscal Policy.
2831 February 11, 2025, amended, reported favorably — Do Pass.
29-February 19, 2025, read second time, amended, ordered engrossed.
30-SB 518—LS 7334/DI 125 Digest Continued
31-operations fund levy with certain charter schools. Provides for the
32-phasing in of the sharing of revenue with certain charter schools from
33-the school corporation's operations fund levy. Excludes school
34-corporations meeting specified criteria from the sharing of property tax
35-revenue received under the bill's provisions. Provides a calculation for
36-determining the amount of an annual grant from the charter and
37-innovation network school grant program based on the amount of
38-property tax revenue received by a charter school from school
39-corporations. Provides for the appointment of additional board
40-members to the governing board of a charter school that receives
41-property tax revenue. Sets forth additional procedures related to the
42-closure of a charter school. Makes conforming changes.
43-SB 518—LS 7334/DI 125SB 518—LS 7334/DI 125 Reprinted
44-February 20, 2025
32+SB 518—LS 7334/DI 125 February 12, 2025
4533 First Regular Session of the 124th General Assembly (2025)
4634 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4735 Constitution) is being amended, the text of the existing provision will appear in this style type,
4836 additions will appear in this style type, and deletions will appear in this style type.
4937 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5038 provision adopted), the text of the new provision will appear in this style type. Also, the
5139 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5240 a new provision to the Indiana Code or the Indiana Constitution.
5341 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5442 between statutes enacted by the 2024 Regular Session of the General Assembly.
5543 SENATE BILL No. 518
5644 A BILL FOR AN ACT to amend the Indiana Code concerning
5745 education.
5846 Be it enacted by the General Assembly of the State of Indiana:
5947 1 SECTION 1. IC 6-1.1-20-3.1, AS AMENDED BY P.L.136-2024,
6048 2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6149 3 MAY 10, 2025 (RETROACTIVE)]: Sec. 3.1. (a) Subject to section
6250 4 3.5(a)(1)(C) of this chapter, this section applies only to the following:
6351 5 (1) A controlled project (as defined in section 1.1 of this chapter
6452 6 as in effect June 30, 2008) for which the proper officers of a
6553 7 political subdivision make a preliminary determination in the
6654 8 manner described in subsection (b) before July 1, 2008.
6755 9 (2) An elementary school building, middle school building, high
6856 10 school building, or other school building for academic instruction
6957 11 that:
7058 12 (A) is a controlled project;
7159 13 (B) will be used for any combination of kindergarten through
7260 14 grade 12; and
7361 15 (C) will not cost more than the lesser of the following:
7462 16 (i) The threshold amount determined under this item. In the
7563 17 case of an ordinance or resolution adopted before January 1,
7664 SB 518—LS 7334/DI 125 2
7765 1 2018, making a preliminary determination to issue bonds or
7866 2 enter into a lease for the project, the threshold amount is ten
7967 3 million dollars ($10,000,000). In the case of an ordinance or
8068 4 resolution adopted after December 31, 2017, and before
8169 5 January 1, 2019, making a preliminary determination to
8270 6 issue bonds or enter into a lease for the project, the threshold
8371 7 amount is fifteen million dollars ($15,000,000). In the case
8472 8 of an ordinance or resolution adopted in a calendar year after
8573 9 December 31, 2018, making a preliminary determination to
8674 10 issue bonds or enter into a lease for the project, the threshold
8775 11 amount is an amount (as determined by the department of
8876 12 local government finance) equal to the result of the
8977 13 maximum levy growth quotient determined under
9078 14 IC 6-1.1-18.5-2 for the year multiplied by the threshold
9179 15 amount determined under this item for the preceding
9280 16 calendar year. In the case of a threshold amount determined
9381 17 under this item that applies for a calendar year after
9482 18 December 31, 2018, the department of local government
9583 19 finance shall publish the threshold in the Indiana Register
9684 20 under IC 4-22-7-7 not more than sixty (60) days after the
9785 21 date the budget agency releases the maximum levy growth
9886 22 quotient for the ensuing year under IC 6-1.1-18.5-2.
9987 23 (ii) An amount equal to one percent (1%) of the total gross
10088 24 assessed value of property within the political subdivision
10189 25 on the last assessment date, if that total gross assessed value
10290 26 is more than one billion dollars ($1,000,000,000), or ten
10391 27 million dollars ($10,000,000), if the total gross assessed
10492 28 value of property within the political subdivision on the last
10593 29 assessment date is not more than one billion dollars
10694 30 ($1,000,000,000).
10795 31 (3) Any other controlled project that:
10896 32 (A) is not a controlled project described in subdivision (1) or
10997 33 (2); and
11098 34 (B) will not cost the political subdivision more than the lesser
11199 35 of the following:
112100 36 (i) The threshold amount determined under this item. In the
113101 37 case of an ordinance or resolution adopted before January 1,
114102 38 2018, making a preliminary determination to issue bonds or
115103 39 enter into a lease for the project, the threshold amount is
116104 40 twelve million dollars ($12,000,000). In the case of an
117105 41 ordinance or resolution adopted after December 31, 2017,
118106 42 and before January 1, 2019, making a preliminary
119107 SB 518—LS 7334/DI 125 3
120108 1 determination to issue bonds or enter into a lease for the
121109 2 project, the threshold amount is fifteen million dollars
122110 3 ($15,000,000). In the case of an ordinance or resolution
123111 4 adopted in a calendar year after December 31, 2018, making
124112 5 a preliminary determination to issue bonds or enter into a
125113 6 lease for the project, the threshold amount is an amount (as
126114 7 determined by the department of local government finance)
127115 8 equal to the result of the maximum levy growth quotient
128116 9 determined under IC 6-1.1-18.5-2 for the year multiplied by
129117 10 the threshold amount determined under this item for the
130118 11 preceding calendar year. In the case of a threshold amount
131119 12 determined under this item that applies for a calendar year
132120 13 after December 31, 2018, the department of local
133121 14 government finance shall publish the threshold in the
134122 15 Indiana Register under IC 4-22-7-7 not more than sixty (60)
135123 16 days after the date the budget agency releases the maximum
136124 17 levy growth quotient for the ensuing year under
137125 18 IC 6-1.1-18.5-2.
138126 19 (ii) An amount equal to one percent (1%) of the total gross
139127 20 assessed value of property within the political subdivision
140128 21 on the last assessment date, if that total gross assessed value
141129 22 is more than one hundred million dollars ($100,000,000), or
142130 23 one million dollars ($1,000,000), if the total gross assessed
143131 24 value of property within the political subdivision on the last
144132 25 assessment date is not more than one hundred million
145133 26 dollars ($100,000,000).
146134 27 (4) A controlled project funded by debt service if the scope of the
147135 28 project changes from the purpose of the project initially
148136 29 advertised to taxpayers as determined under section 4.2(c) of this
149137 30 chapter.
150138 31 (5) This subdivision does not apply to a project for which a public
151139 32 hearing to issue bonds or enter into a lease has been conducted
152140 33 under IC 20-26-7-37 before July 1, 2023. Any other controlled
153141 34 project if both of the following apply:
154142 35 (A) The political subdivision's total debt service tax rate is
155143 36 more than forty cents ($0.40) per one hundred dollars ($100)
156144 37 of assessed value, but less than eighty cents ($0.80) per one
157145 38 hundred dollars ($100) of assessed value.
158146 39 (B) The controlled project is not otherwise described in section
159147 40 3.5(a)(1) of this chapter.
160148 41 This subdivision expires December 31, 2025. For purposes of this
161149 42 subdivision, a political subdivision's total debt service tax rate
162150 SB 518—LS 7334/DI 125 4
163151 1 does not include a tax rate imposed in a referendum debt service
164152 2 levy approved by voters.
165153 3 (b) Subject to section 13.5 of this chapter, a political subdivision
166154 4 may not impose property taxes to pay debt service on bonds or lease
167155 5 rentals on a lease for a controlled project without completing the
168156 6 following procedures:
169157 7 (1) The proper officers of a political subdivision shall publish
170158 8 notice in accordance with IC 5-3-1 and send notice by first class
171159 9 mail to the circuit court clerk and to any organization that delivers
172160 10 to the officers, before January 1 of that year, an annual written
173161 11 request for such notices of any meeting to consider adoption of a
174162 12 resolution or an ordinance making a preliminary determination to
175163 13 issue bonds or enter into a lease and shall conduct at least two (2)
176164 14 public hearings on a preliminary determination before adoption
177165 15 of the resolution or ordinance. The political subdivision must at
178166 16 each of the public hearings on the preliminary determination
179167 17 allow the public to testify regarding the preliminary determination
180168 18 and must make the following information available to the public
181169 19 at each of the public hearings on the preliminary determination,
182170 20 in addition to any other information required by law:
183171 21 (A) The result of the political subdivision's current and
184172 22 projected annual debt service payments divided by the net
185173 23 assessed value of taxable property within the political
186174 24 subdivision.
187175 25 (B) The result of:
188176 26 (i) the sum of the political subdivision's outstanding long
189177 27 term debt plus the outstanding long term debt of other taxing
190178 28 units that include any of the territory of the political
191179 29 subdivision; divided by
192180 30 (ii) the net assessed value of taxable property within the
193181 31 political subdivision.
194182 32 (C) In the case of a school corporation, a statement that a
195183 33 portion of the proceeds collected from the proposed levy
196184 34 will be distributed to a qualified charter school in the
197185 35 manner described in section 13.5 of this chapter unless the
198186 36 qualified charter school elects to not participate.
199187 37 (C) (D) The information specified in subdivision (3)(A)
200188 38 through (3)(H).
201189 39 (2) When the proper officers of a political subdivision make a
202190 40 preliminary determination to issue bonds or enter into a lease for
203191 41 a controlled project, the officers shall give notice of the
204192 42 preliminary determination by:
205193 SB 518—LS 7334/DI 125 5
206194 1 (A) publication in accordance with IC 5-3-1; and
207195 2 (B) first class mail to the circuit court clerk and to the
208196 3 organizations described in subdivision (1).
209197 4 (3) A notice under subdivision (2) of the preliminary
210198 5 determination of the political subdivision to issue bonds or enter
211199 6 into a lease for a controlled project must include the following
212200 7 information:
213201 8 (A) The maximum term of the bonds or lease.
214202 9 (B) The maximum principal amount of the bonds or the
215203 10 maximum lease rental for the lease.
216204 11 (C) The estimated interest rates that will be paid and the total
217205 12 interest costs associated with the bonds or lease.
218206 13 (D) The purpose of the bonds or lease.
219207 14 (E) A statement that any owners of property within the
220208 15 political subdivision or registered voters residing within the
221209 16 political subdivision who want to initiate a petition and
222210 17 remonstrance process against the proposed debt service or
223211 18 lease payments must file a petition that complies with
224212 19 subdivisions (4) and (5) not later than thirty (30) days after
225213 20 publication in accordance with IC 5-3-1.
226214 21 (F) With respect to bonds issued or a lease entered into to
227215 22 open:
228216 23 (i) a new school facility; or
229217 24 (ii) an existing facility that has not been used for at least
230218 25 three (3) years and that is being reopened to provide
231219 26 additional classroom space;
232220 27 the estimated costs the school corporation expects to incur
233221 28 annually to operate the facility.
234222 29 (G) A statement of whether the school corporation expects to
235223 30 appeal for a new facility adjustment (as defined in
236224 31 IC 20-45-1-16 (repealed) before January 1, 2009) for an
237225 32 increased maximum permissible tuition support levy to pay the
238226 33 estimated costs described in clause (F).
239227 34 (H) The following information:
240228 35 (i) The political subdivision's current debt service levy and
241229 36 rate.
242230 37 (ii) The estimated increase to the political subdivision's debt
243231 38 service levy and rate that will result if the political
244232 39 subdivision issues the bonds or enters into the lease.
245233 40 (iii) The estimated amount of the political subdivision's debt
246234 41 service levy and rate that will result during the following ten
247235 42 (10) years if the political subdivision issues the bonds or
248236 SB 518—LS 7334/DI 125 6
249237 1 enters into the lease, after also considering any changes that
250238 2 will occur to the debt service levy and rate during that
251239 3 period on account of any outstanding bonds or lease
252240 4 obligations that will mature or terminate during that period.
253241 5 (I) The information specified in subdivision (1)(A) through
254242 6 (1)(B). (1)(C).
255243 7 (4) After notice is given, a petition requesting the application of
256244 8 a petition and remonstrance process may be filed by the lesser of:
257245 9 (A) five hundred (500) persons who are either owners of
258246 10 property within the political subdivision or registered voters
259247 11 residing within the political subdivision; or
260248 12 (B) five percent (5%) of the registered voters residing within
261249 13 the political subdivision.
262250 14 (5) The state board of accounts shall design and, upon request by
263251 15 the county voter registration office, deliver to the county voter
264252 16 registration office or the county voter registration office's
265253 17 designated printer the petition forms to be used solely in the
266254 18 petition process described in this section. The county voter
267255 19 registration office shall issue to an owner or owners of property
268256 20 within the political subdivision or a registered voter residing
269257 21 within the political subdivision the number of petition forms
270258 22 requested by the owner or owners or the registered voter. Each
271259 23 form must be accompanied by instructions detailing the
272260 24 requirements that:
273261 25 (A) the carrier and signers must be owners of property or
274262 26 registered voters;
275263 27 (B) the carrier must be a signatory on at least one (1) petition;
276264 28 (C) after the signatures have been collected, the carrier must
277265 29 swear or affirm before a notary public that the carrier
278266 30 witnessed each signature; and
279267 31 (D) govern the closing date for the petition period.
280268 32 Persons requesting forms may be required to identify themselves
281269 33 as owners of property or registered voters and may be allowed to
282270 34 pick up additional copies to distribute to other owners of property
283271 35 or registered voters. Each person signing a petition must indicate
284272 36 whether the person is signing the petition as a registered voter
285273 37 within the political subdivision or is signing the petition as the
286274 38 owner of property within the political subdivision. A person who
287275 39 signs a petition as a registered voter must indicate the address at
288276 40 which the person is registered to vote. A person who signs a
289277 41 petition as an owner of property must indicate the address of the
290278 42 property owned by the person in the political subdivision.
291279 SB 518—LS 7334/DI 125 7
292280 1 (6) Each petition must be verified under oath by at least one (1)
293281 2 qualified petitioner in a manner prescribed by the state board of
294282 3 accounts before the petition is filed with the county voter
295283 4 registration office under subdivision (7).
296284 5 (7) Each petition must be filed with the county voter registration
297285 6 office not more than thirty (30) days after publication under
298286 7 subdivision (2) of the notice of the preliminary determination.
299287 8 (8) The county voter registration office shall determine whether
300288 9 each person who signed the petition is a registered voter.
301289 10 However, after the county voter registration office has determined
302290 11 that at least five hundred twenty-five (525) persons who signed
303291 12 the petition are registered voters within the political subdivision,
304292 13 the county voter registration office is not required to verify
305293 14 whether the remaining persons who signed the petition are
306294 15 registered voters. If the county voter registration office does not
307295 16 determine that at least five hundred twenty-five (525) persons
308296 17 who signed the petition are registered voters, the county voter
309297 18 registration office shall, not more than fifteen (15) business days
310298 19 after receiving a petition, forward a copy of the petition to the
311299 20 county auditor. Not more than ten (10) business days after
312300 21 receiving the copy of the petition, the county auditor shall provide
313301 22 to the county voter registration office a statement verifying:
314302 23 (A) whether a person who signed the petition as a registered
315303 24 voter but is not a registered voter, as determined by the county
316304 25 voter registration office, is the owner of property in the
317305 26 political subdivision; and
318306 27 (B) whether a person who signed the petition as an owner of
319307 28 property within the political subdivision does in fact own
320308 29 property within the political subdivision.
321309 30 (9) The county voter registration office, not more than ten (10)
322310 31 business days after determining that at least five hundred
323311 32 twenty-five (525) persons who signed the petition are registered
324312 33 voters or receiving the statement from the county auditor under
325313 34 subdivision (8), as applicable, shall make the final determination
326314 35 of the number of petitioners that are registered voters in the
327315 36 political subdivision and, based on the statement provided by the
328316 37 county auditor, the number of petitioners that own property within
329317 38 the political subdivision. Whenever the name of an individual
330318 39 who signs a petition form as a registered voter contains a minor
331319 40 variation from the name of the registered voter as set forth in the
332320 41 records of the county voter registration office, the signature is
333321 42 presumed to be valid, and there is a presumption that the
334322 SB 518—LS 7334/DI 125 8
335323 1 individual is entitled to sign the petition under this section. Except
336324 2 as otherwise provided in this chapter, in determining whether an
337325 3 individual is a registered voter, the county voter registration office
338326 4 shall apply the requirements and procedures used under IC 3 to
339327 5 determine whether a person is a registered voter for purposes of
340328 6 voting in an election governed by IC 3. However, an individual is
341329 7 not required to comply with the provisions concerning providing
342330 8 proof of identification to be considered a registered voter for
343331 9 purposes of this chapter. A person is entitled to sign a petition
344332 10 only one (1) time in a particular petition and remonstrance
345333 11 process under this chapter, regardless of whether the person owns
346334 12 more than one (1) parcel of real property, mobile home assessed
347335 13 as personal property, or manufactured home assessed as personal
348336 14 property, or a combination of those types of property within the
349337 15 subdivision and regardless of whether the person is both a
350338 16 registered voter in the political subdivision and the owner of
351339 17 property within the political subdivision. Notwithstanding any
352340 18 other provision of this section, if a petition is presented to the
353341 19 county voter registration office within forty-five (45) days before
354342 20 an election, the county voter registration office may defer acting
355343 21 on the petition, and the time requirements under this section for
356344 22 action by the county voter registration office do not begin to run
357345 23 until five (5) days after the date of the election.
358346 24 (10) The county voter registration office must file a certificate and
359347 25 each petition with:
360348 26 (A) the township trustee, if the political subdivision is a
361349 27 township, who shall present the petition or petitions to the
362350 28 township board; or
363351 29 (B) the body that has the authority to authorize the issuance of
364352 30 the bonds or the execution of a lease, if the political
365353 31 subdivision is not a township;
366354 32 within thirty-five (35) business days of the filing of the petition
367355 33 requesting a petition and remonstrance process. The certificate
368356 34 must state the number of petitioners that are owners of property
369357 35 within the political subdivision and the number of petitioners who
370358 36 are registered voters residing within the political subdivision.
371359 37 If a sufficient petition requesting a petition and remonstrance process
372360 38 is not filed by owners of property or registered voters as set forth in this
373361 39 section, the political subdivision may issue bonds or enter into a lease
374362 40 by following the provisions of law relating to the bonds to be issued or
375363 41 lease to be entered into.
376364 42 (c) A political subdivision may not divide a controlled project in
377365 SB 518—LS 7334/DI 125 9
378366 1 order to avoid the requirements of this section and section 3.2 of this
379367 2 chapter. A person that owns property within a political subdivision or
380368 3 a person that is a registered voter residing within a political subdivision
381369 4 may file a petition with the department of local government finance
382370 5 objecting that the political subdivision has divided a controlled project
383371 6 in order to avoid the requirements of this section and section 3.2 of this
384372 7 chapter. The petition must be filed not more than ten (10) days after the
385373 8 political subdivision gives notice of the political subdivision's decision
386374 9 to issue bonds or enter into leases for a capital project that the person
387375 10 believes is the result of a division of a controlled project that is
388376 11 prohibited by this subsection. If the department of local government
389377 12 finance receives a petition under this subsection, the department shall
390378 13 not later than thirty (30) days after receiving the petition make a final
391379 14 determination on the issue of whether the political subdivision divided
392380 15 a controlled project in order to avoid the requirements of this section
393381 16 and section 3.2 of this chapter. If the department of local government
394382 17 finance determines that a political subdivision divided a controlled
395383 18 project in order to avoid the requirements of this section and section
396384 19 3.2 of this chapter and the political subdivision continues to desire to
397385 20 proceed with the project, the political subdivision shall fulfill the
398386 21 requirements of this section and section 3.2 of this chapter, if
399387 22 applicable, regardless of the cost of the project in dispute. A political
400388 23 subdivision shall be considered to have divided a capital project in
401389 24 order to avoid the requirements of this section and section 3.2 of this
402390 25 chapter if the result of one (1) or more of the subprojects cannot
403391 26 reasonably be considered an independently desirable end in itself
404392 27 without reference to another capital project. This subsection does not
405393 28 prohibit a political subdivision from undertaking a series of capital
406394 29 projects in which the result of each capital project can reasonably be
407395 30 considered an independently desirable end in itself without reference
408396 31 to another capital project.
409397 32 SECTION 2. IC 6-1.1-20-3.5, AS AMENDED BY P.L.136-2024,
410398 33 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
411399 34 MAY 10, 2025 (RETROACTIVE)]: Sec. 3.5. (a) This section applies
412400 35 only to a controlled project that meets the following conditions:
413401 36 (1) The controlled project is described in one (1) of the following
414402 37 categories:
415403 38 (A) An elementary school building, middle school building,
416404 39 high school building, or other school building for academic
417405 40 instruction that will be used for any combination of
418406 41 kindergarten through grade 12 and will cost more than the
419407 42 lesser of the following:
420408 SB 518—LS 7334/DI 125 10
421409 1 (i) The threshold amount determined under this item. In the
422410 2 case of an ordinance or resolution adopted before January 1,
423411 3 2018, making a preliminary determination to issue bonds or
424412 4 enter into a lease for the project, the threshold amount is ten
425413 5 million dollars ($10,000,000). In the case of an ordinance or
426414 6 resolution adopted after December 31, 2017, and before
427415 7 January 1, 2019, making a preliminary determination to
428416 8 issue bonds or enter into a lease for the project, the threshold
429417 9 amount is fifteen million dollars ($15,000,000). In the case
430418 10 of an ordinance or resolution adopted in a calendar year after
431419 11 December 31, 2018, making a preliminary determination to
432420 12 issue bonds or enter into a lease for the project, the threshold
433421 13 amount is an amount (as determined by the department of
434422 14 local government finance) equal to the result of the
435423 15 maximum levy growth quotient determined under
436424 16 IC 6-1.1-18.5-2 for the year multiplied by the threshold
437425 17 amount determined under this item for the preceding
438426 18 calendar year. In the case of a threshold amount determined
439427 19 under this item that applies for a calendar year after
440428 20 December 31, 2018, the department of local government
441429 21 finance shall publish the threshold in the Indiana Register
442430 22 under IC 4-22-7-7 not more than sixty (60) days after the
443431 23 date the budget agency releases the maximum levy growth
444432 24 quotient for the ensuing year under IC 6-1.1-18.5-2.
445433 25 (ii) An amount equal to one percent (1%) of the total gross
446434 26 assessed value of property within the political subdivision
447435 27 on the last assessment date, if that total gross assessed value
448436 28 is more than one billion dollars ($1,000,000,000), or ten
449437 29 million dollars ($10,000,000), if the total gross assessed
450438 30 value of property within the political subdivision on the last
451439 31 assessment date is not more than one billion dollars
452440 32 ($1,000,000,000).
453441 33 (B) Any other controlled project that is not a controlled project
454442 34 described in clause (A) and will cost the political subdivision
455443 35 more than the lesser of the following:
456444 36 (i) The threshold amount determined under this item. In the
457445 37 case of an ordinance or resolution adopted before January 1,
458446 38 2018, making a preliminary determination to issue bonds or
459447 39 enter into a lease for the project, the threshold amount is
460448 40 twelve million dollars ($12,000,000). In the case of an
461449 41 ordinance or resolution adopted after December 31, 2017,
462450 42 and before January 1, 2019, making a preliminary
463451 SB 518—LS 7334/DI 125 11
464452 1 determination to issue bonds or enter into a lease for the
465453 2 project, the threshold amount is fifteen million dollars
466454 3 ($15,000,000). In the case of an ordinance or resolution
467455 4 adopted in a calendar year after December 31, 2018, making
468456 5 a preliminary determination to issue bonds or enter into a
469457 6 lease for the project, the threshold amount is an amount (as
470458 7 determined by the department of local government finance)
471459 8 equal to the result of the maximum levy growth quotient
472460 9 determined under IC 6-1.1-18.5-2 for the year multiplied by
473461 10 the threshold amount determined under this item for the
474462 11 preceding calendar year. In the case of a threshold amount
475463 12 determined under this item that applies for a calendar year
476464 13 after December 31, 2018, the department of local
477465 14 government finance shall publish the threshold in the
478466 15 Indiana Register under IC 4-22-7-7 not more than sixty (60)
479467 16 days after the date the budget agency releases the maximum
480468 17 levy growth quotient for the ensuing year under
481469 18 IC 6-1.1-18.5-2.
482470 19 (ii) An amount equal to one percent (1%) of the total gross
483471 20 assessed value of property within the political subdivision
484472 21 on the last assessment date, if that total gross assessed value
485473 22 is more than one hundred million dollars ($100,000,000), or
486474 23 one million dollars ($1,000,000), if the total gross assessed
487475 24 value of property within the political subdivision on the last
488476 25 assessment date is not more than one hundred million
489477 26 dollars ($100,000,000).
490478 27 (C) Any other controlled project for which a political
491479 28 subdivision adopts an ordinance or resolution making a
492480 29 preliminary determination to issue bonds or enter into a lease
493481 30 for the project, if the sum of:
494482 31 (i) the cost of that controlled project; plus
495483 32 (ii) the costs of all other controlled projects for which the
496484 33 political subdivision has previously adopted within the
497485 34 preceding three hundred sixty-five (365) days an ordinance
498486 35 or resolution making a preliminary determination to issue
499487 36 bonds or enter into a lease for those other controlled
500488 37 projects;
501489 38 exceeds twenty-five million dollars ($25,000,000).
502490 39 (D) A controlled project funded by debt service if the scope of
503491 40 the project changes from the purpose of the project initially
504492 41 advertised to taxpayers as determined under section 4.3(c) of
505493 42 this chapter.
506494 SB 518—LS 7334/DI 125 12
507495 1 (E) This clause does not apply to a project for which a public
508496 2 hearing to issue bonds or enter into a lease has been conducted
509497 3 under IC 20-26-7-37 before July 1, 2023. Except as provided
510498 4 in section 4.5 of this chapter, any other controlled project if the
511499 5 political subdivision's total debt service tax rate is at least
512500 6 eighty cents ($0.80) per one hundred dollars ($100) of
513501 7 assessed value. This clause expires December 31, 2025. For
514502 8 purposes of this clause, a political subdivision's total debt
515503 9 service tax rate does not include a tax rate imposed in a
516504 10 referendum debt service tax levy approved by voters.
517505 11 (2) The proper officers of the political subdivision make a
518506 12 preliminary determination after June 30, 2008, in the manner
519507 13 described in subsection (b) to issue bonds or enter into a lease for
520508 14 the controlled project.
521509 15 (b) Subject to subsection (d) and section 13.5 of this chapter, a
522510 16 political subdivision may not impose property taxes to pay debt service
523511 17 on bonds or lease rentals on a lease for a controlled project without
524512 18 completing the following procedures:
525513 19 (1) The proper officers of a political subdivision shall publish
526514 20 notice in accordance with IC 5-3-1 and send notice by first class
527515 21 mail to the circuit court clerk and to any organization that delivers
528516 22 to the officers, before January 1 of that year, an annual written
529517 23 request for notices of any meeting to consider the adoption of an
530518 24 ordinance or a resolution making a preliminary determination to
531519 25 issue bonds or enter into a lease and shall conduct at least two (2)
532520 26 public hearings on the preliminary determination before adoption
533521 27 of the ordinance or resolution. The political subdivision must at
534522 28 each of the public hearings on the preliminary determination
535523 29 allow the public to testify regarding the preliminary determination
536524 30 and must make the following information available to the public
537525 31 at each of the public hearings on the preliminary determination,
538526 32 in addition to any other information required by law:
539527 33 (A) The result of the political subdivision's current and
540528 34 projected annual debt service payments divided by the net
541529 35 assessed value of taxable property within the political
542530 36 subdivision.
543531 37 (B) The result of:
544532 38 (i) the sum of the political subdivision's outstanding long
545533 39 term debt plus the outstanding long term debt of other taxing
546534 40 units that include any of the territory of the political
547535 41 subdivision; divided by
548536 42 (ii) the net assessed value of taxable property within the
549537 SB 518—LS 7334/DI 125 13
550538 1 political subdivision.
551539 2 (C) In the case of a school corporation, a statement that a
552540 3 portion of the proceeds collected from the proposed levy
553541 4 will be distributed to a qualified charter school in the
554542 5 manner described in section 13.5 of this chapter unless the
555543 6 qualified charter school elects to not participate.
556544 7 (C) (D) The information specified in subdivision (3)(A)
557545 8 through (3)(G).
558546 9 (2) If the proper officers of a political subdivision make a
559547 10 preliminary determination to issue bonds or enter into a lease, the
560548 11 officers shall give notice of the preliminary determination by:
561549 12 (A) publication in accordance with IC 5-3-1; and
562550 13 (B) first class mail to the circuit court clerk and to the
563551 14 organizations described in subdivision (1).
564552 15 (3) A notice under subdivision (2) of the preliminary
565553 16 determination of the political subdivision to issue bonds or enter
566554 17 into a lease must include the following information:
567555 18 (A) The maximum term of the bonds or lease.
568556 19 (B) The maximum principal amount of the bonds or the
569557 20 maximum lease rental for the lease.
570558 21 (C) The estimated interest rates that will be paid and the total
571559 22 interest costs associated with the bonds or lease.
572560 23 (D) The purpose of the bonds or lease.
573561 24 (E) A statement that the proposed debt service or lease
574562 25 payments must be approved in an election on a local public
575563 26 question held under section 3.6 of this chapter.
576564 27 (F) With respect to bonds issued or a lease entered into to
577565 28 open:
578566 29 (i) a new school facility; or
579567 30 (ii) an existing facility that has not been used for at least
580568 31 three (3) years and that is being reopened to provide
581569 32 additional classroom space;
582570 33 the estimated costs the school corporation expects to annually
583571 34 incur to operate the facility.
584572 35 (G) The following information:
585573 36 (i) The political subdivision's current debt service levy and
586574 37 rate.
587575 38 (ii) The estimated increase to the political subdivision's debt
588576 39 service levy and rate that will result if the political
589577 40 subdivision issues the bonds or enters into the lease.
590578 41 (iii) The estimated amount of the political subdivision's debt
591579 42 service levy and rate that will result during the following ten
592580 SB 518—LS 7334/DI 125 14
593581 1 (10) years if the political subdivision issues the bonds or
594582 2 enters into the lease, after also considering any changes that
595583 3 will occur to the debt service levy and rate during that
596584 4 period on account of any outstanding bonds or lease
597585 5 obligations that will mature or terminate during that period.
598586 6 (H) The information specified in subdivision (1)(A) through
599587 7 (1)(B). (1)(C).
600588 8 (4) This subdivision does not apply to a controlled project
601589 9 described in subsection (a)(1)(E) (before its expiration). After
602590 10 notice is given, a petition requesting the application of the local
603591 11 public question process under section 3.6 of this chapter may be
604592 12 filed by the lesser of:
605593 13 (A) five hundred (500) persons who are either owners of
606594 14 property within the political subdivision or registered voters
607595 15 residing within the political subdivision; or
608596 16 (B) five percent (5%) of the registered voters residing within
609597 17 the political subdivision.
610598 18 (5) This subdivision does not apply to a controlled project
611599 19 described in subsection (a)(1)(E) (before its expiration). The state
612600 20 board of accounts shall design and, upon request by the county
613601 21 voter registration office, deliver to the county voter registration
614602 22 office or the county voter registration office's designated printer
615603 23 the petition forms to be used solely in the petition process
616604 24 described in this section. The county voter registration office shall
617605 25 issue to an owner or owners of property within the political
618606 26 subdivision or a registered voter residing within the political
619607 27 subdivision the number of petition forms requested by the owner
620608 28 or owners or the registered voter. Each form must be
621609 29 accompanied by instructions detailing the requirements that:
622610 30 (A) the carrier and signers must be owners of property or
623611 31 registered voters;
624612 32 (B) the carrier must be a signatory on at least one (1) petition;
625613 33 (C) after the signatures have been collected, the carrier must
626614 34 swear or affirm before a notary public that the carrier
627615 35 witnessed each signature; and
628616 36 (D) govern the closing date for the petition period.
629617 37 Persons requesting forms may be required to identify themselves
630618 38 as owners of property or registered voters and may be allowed to
631619 39 pick up additional copies to distribute to other owners of property
632620 40 or registered voters. Each person signing a petition must indicate
633621 41 whether the person is signing the petition as a registered voter
634622 42 within the political subdivision or is signing the petition as the
635623 SB 518—LS 7334/DI 125 15
636624 1 owner of property within the political subdivision. A person who
637625 2 signs a petition as a registered voter must indicate the address at
638626 3 which the person is registered to vote. A person who signs a
639627 4 petition as an owner of property must indicate the address of the
640628 5 property owned by the person in the political subdivision.
641629 6 (6) This subdivision does not apply to a controlled project
642630 7 described in subsection (a)(1)(E) (before its expiration). Each
643631 8 petition must be verified under oath by at least one (1) qualified
644632 9 petitioner in a manner prescribed by the state board of accounts
645633 10 before the petition is filed with the county voter registration office
646634 11 under subdivision (7).
647635 12 (7) This subdivision does not apply to a controlled project
648636 13 described in subsection (a)(1)(E) (before its expiration). Each
649637 14 petition must be filed with the county voter registration office not
650638 15 more than thirty (30) days after publication under subdivision (2)
651639 16 of the notice of the preliminary determination.
652640 17 (8) This subdivision does not apply to a controlled project
653641 18 described in subsection (a)(1)(E) (before its expiration). The
654642 19 county voter registration office shall determine whether each
655643 20 person who signed the petition is a registered voter. However,
656644 21 after the county voter registration office has determined that at
657645 22 least five hundred twenty-five (525) persons who signed the
658646 23 petition are registered voters within the political subdivision, the
659647 24 county voter registration office is not required to verify whether
660648 25 the remaining persons who signed the petition are registered
661649 26 voters. If the county voter registration office does not determine
662650 27 that at least five hundred twenty-five (525) persons who signed
663651 28 the petition are registered voters, the county voter registration
664652 29 office, not more than fifteen (15) business days after receiving a
665653 30 petition, shall forward a copy of the petition to the county auditor.
666654 31 Not more than ten (10) business days after receiving the copy of
667655 32 the petition, the county auditor shall provide to the county voter
668656 33 registration office a statement verifying:
669657 34 (A) whether a person who signed the petition as a registered
670658 35 voter but is not a registered voter, as determined by the county
671659 36 voter registration office, is the owner of property in the
672660 37 political subdivision; and
673661 38 (B) whether a person who signed the petition as an owner of
674662 39 property within the political subdivision does in fact own
675663 40 property within the political subdivision.
676664 41 (9) This subdivision does not apply to a controlled project
677665 42 described in subsection (a)(1)(E) (before its expiration). The
678666 SB 518—LS 7334/DI 125 16
679667 1 county voter registration office, not more than ten (10) business
680668 2 days after determining that at least five hundred twenty-five (525)
681669 3 persons who signed the petition are registered voters or after
682670 4 receiving the statement from the county auditor under subdivision
683671 5 (8), as applicable, shall make the final determination of whether
684672 6 a sufficient number of persons have signed the petition. Whenever
685673 7 the name of an individual who signs a petition form as a
686674 8 registered voter contains a minor variation from the name of the
687675 9 registered voter as set forth in the records of the county voter
688676 10 registration office, the signature is presumed to be valid, and there
689677 11 is a presumption that the individual is entitled to sign the petition
690678 12 under this section. Except as otherwise provided in this chapter,
691679 13 in determining whether an individual is a registered voter, the
692680 14 county voter registration office shall apply the requirements and
693681 15 procedures used under IC 3 to determine whether a person is a
694682 16 registered voter for purposes of voting in an election governed by
695683 17 IC 3. However, an individual is not required to comply with the
696684 18 provisions concerning providing proof of identification to be
697685 19 considered a registered voter for purposes of this chapter. A
698686 20 person is entitled to sign a petition only one (1) time in a
699687 21 particular referendum process under this chapter, regardless of
700688 22 whether the person owns more than one (1) parcel of real
701689 23 property, mobile home assessed as personal property, or
702690 24 manufactured home assessed as personal property or a
703691 25 combination of those types of property within the political
704692 26 subdivision and regardless of whether the person is both a
705693 27 registered voter in the political subdivision and the owner of
706694 28 property within the political subdivision. Notwithstanding any
707695 29 other provision of this section, if a petition is presented to the
708696 30 county voter registration office within forty-five (45) days before
709697 31 an election, the county voter registration office may defer acting
710698 32 on the petition, and the time requirements under this section for
711699 33 action by the county voter registration office do not begin to run
712700 34 until five (5) days after the date of the election.
713701 35 (10) This subdivision does not apply to a controlled project
714702 36 described in subsection (a)(1)(E) (before its expiration). The
715703 37 county voter registration office must file a certificate and each
716704 38 petition with:
717705 39 (A) the township trustee, if the political subdivision is a
718706 40 township, who shall present the petition or petitions to the
719707 41 township board; or
720708 42 (B) the body that has the authority to authorize the issuance of
721709 SB 518—LS 7334/DI 125 17
722710 1 the bonds or the execution of a lease, if the political
723711 2 subdivision is not a township;
724712 3 within thirty-five (35) business days of the filing of the petition
725713 4 requesting the referendum process. The certificate must state the
726714 5 number of petitioners who are owners of property within the
727715 6 political subdivision and the number of petitioners who are
728716 7 registered voters residing within the political subdivision.
729717 8 (11) This subdivision does not apply to a controlled project
730718 9 described in subsection (a)(1)(E) (before its expiration). If a
731719 10 sufficient petition requesting the local public question process is
732720 11 not filed by owners of property or registered voters as set forth in
733721 12 this section, the political subdivision may issue bonds or enter
734722 13 into a lease by following the provisions of law relating to the
735723 14 bonds to be issued or lease to be entered into.
736724 15 (c) If the proper officers of a political subdivision make a
737725 16 preliminary determination to issue bonds or enter into a lease, the
738726 17 officers shall provide to the county auditor:
739727 18 (1) a copy of the notice required by subsection (b)(2); and
740728 19 (2) any other information the county auditor requires to fulfill the
741729 20 county auditor's duties under section 3.6 of this chapter.
742730 21 (d) In addition to the procedures in subsection (b), if any capital
743731 22 improvement components addressed in the most recent:
744732 23 (1) threat assessment of the buildings within the school
745733 24 corporation; or
746734 25 (2) school safety plan (as described in IC 20-26-18.2-2(b));
747735 26 concerning a particular school have not been completed or require
748736 27 additional funding to be completed, before the school corporation may
749737 28 impose property taxes to pay debt service on bonds or lease rentals for
750738 29 a lease for a controlled project, and in addition to any other components
751739 30 of the controlled project, the controlled project must include any capital
752740 31 improvements necessary to complete those components described in
753741 32 subdivisions (1) and (2) that have not been completed or that require
754742 33 additional funding to be completed.
755743 34 (e) In addition to the other procedures in this section, an ordinance
756744 35 or resolution making a preliminary determination to issue bonds or
757745 36 enter into leases that is considered for adoption must include a
758746 37 statement of:
759747 38 (1) the maximum annual debt service for the controlled project for
760748 39 each year in which the debt service will be paid; and
761749 40 (2) the schedule of the estimated annual tax levy and rate over a
762750 41 ten (10) year period;
763751 42 factoring in changes that will occur to the debt service levy and tax rate
764752 SB 518—LS 7334/DI 125 18
765753 1 during the period on account of any outstanding bonds or lease
766754 2 obligations that will mature or terminate during the period.
767755 3 SECTION 3. IC 6-1.1-20-13.5 IS ADDED TO THE INDIANA
768756 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
769757 5 [EFFECTIVE MAY 10, 2025 (RETROACTIVE)]: Sec. 13.5. (a) This
770758 6 section applies if the governing body of a school corporation
771759 7 intends to adopt a resolution under section 3.1 or 3.5 of this
772760 8 chapter after May 10, 2025, to impose property taxes to pay debt
773761 9 service on bonds or lease rentals for a controlled project. However,
774762 10 this section does not apply to a school corporation for which less
775763 11 than one hundred (100) students who have legal settlement in the
776-12 school corporation attend a charter school, excluding a virtual
777-13 charter school.
778-14 (b) The following definitions apply throughout this section:
779-15 (1) "ADM" has the meaning set forth in IC 20-18-2-2.
780-16 (2) "Qualified charter school" means a charter school located
781-17 within the attendance area of the school corporation.
782-18 (c) A school corporation that adopts a resolution under section
783-19 3.1 or 3.5 of this chapter after May 10, 2025, to impose property
784-20 taxes to pay debt service on bonds or lease rentals for a controlled
785-21 project shall distribute a portion of the revenue collected to
786-22 qualified charter schools in the manner provided in this section.
787-23 The following schools are not eligible to receive a distribution
788-24 under this section:
789-25 (1) A virtual charter school.
790-26 (2) An adult high school.
791-27 (d) The resolution shall include a projection of the amount that
792-28 the school corporation expects to be distributed to a qualified
793-29 charter school, excluding virtual charter schools or adult high
794-30 schools, unless the qualified charter school voluntarily elects to not
795-31 participate in the manner described in subsection (e). At least sixty
796-32 (60) days before the resolution is voted on by the governing body
797-33 of the school corporation, the school corporation shall contact the
798-34 department of education to determine the number of students in
799-35 kindergarten through grade 12:
800-36 (1) who have legal settlement in the school corporation but
801-37 attend a qualified charter school, excluding virtual charter
802-38 schools or adult high schools; and
803-39 (2) who receive not more than fifty percent (50%) virtual
804-40 instruction.
805-41 Not later than fifty (50) days before the resolution is voted on by
806-42 the governing body of the school corporation, the department of
764+12 school corporation attend a charter school.
765+13 (b) The following definitions apply throughout this section:
766+14 (1) "ADM" has the meaning set forth in IC 20-18-2-2.
767+15 (2) "Qualified charter school" means a charter school located
768+16 within the attendance area of the school corporation.
769+17 (c) A school corporation that adopts a resolution under section
770+18 3.1 or 3.5 of this chapter after May 10, 2025, to impose property
771+19 taxes to pay debt service on bonds or lease rentals for a controlled
772+20 project shall distribute a portion of the revenue collected to
773+21 qualified charter schools in the manner provided in this section.
774+22 The following schools are not eligible to receive a distribution
775+23 under this section:
776+24 (1) A virtual charter school.
777+25 (2) An adult high school.
778+26 (d) The resolution shall include a projection of the amount that
779+27 the school corporation expects to be distributed to a qualified
780+28 charter school, excluding virtual charter schools or adult high
781+29 schools, unless the qualified charter school voluntarily elects to not
782+30 participate in the manner described in subsection (e). At least sixty
783+31 (60) days before the resolution is voted on by the governing body
784+32 of the school corporation, the school corporation shall contact the
785+33 department of education to determine the number of students in
786+34 kindergarten through grade 12:
787+35 (1) who have legal settlement in the school corporation but
788+36 attend a qualified charter school, excluding virtual charter
789+37 schools or adult high schools; and
790+38 (2) who receive not more than fifty percent (50%) virtual
791+39 instruction.
792+40 Not later than fifty (50) days before the resolution is voted on by
793+41 the governing body of the school corporation, the department of
794+42 education shall provide the school corporation with the number of
807795 SB 518—LS 7334/DI 125 19
808-1 education shall provide the school corporation with the number of
809-2 students with legal settlement in the school corporation who attend
810-3 a qualified charter school and who receive not more than fifty
811-4 percent (50%) virtual instruction, which shall be disaggregated for
812-5 each qualified charter school, excluding a virtual charter school or
813-6 adult high school.
814-7 (e) At least forty-five (45) days before the resolution is voted on
815-8 by the governing body of the school corporation, the school
816-9 corporation shall contact each qualified charter school, excluding
817-10 virtual charter schools or adult high schools, disclosed by the
818-11 department of education to the school corporation under
819-12 subsection (d) to determine whether the qualified charter school
820-13 will elect to not participate. The notice must include the total
821-14 amount of the school corporation's expected need, the
822-15 corresponding estimate for that amount divided by the number of
823-16 students enrolled in the school corporation, and the date on which
824-17 the governing body of the school corporation will vote on the
825-18 resolution. If the qualified charter school elects to not participate,
826-19 the qualified charter school must respond in writing to the
827-20 governing body of the school corporation, which may be by
828-21 electronic mail addressed to the superintendent of the school
829-22 corporation, at least thirty (30) days prior to the date that the
830-23 resolution is to be voted on by the governing body of the school
831-24 corporation. If the qualified charter school elects to not participate,
832-25 the school corporation may exclude distributions to the qualified
833-26 charter school under this section and from the projection described
834-27 in subsection (d). In addition, a qualified charter school that will
835-28 participate under this subsection shall contribute a proportionate
836-29 share of the cost to conduct the petition and remonstrance process
837-30 or referendum, as applicable, based on the total combined ADM of
838-31 the school corporation and any participating qualified charter
839-32 schools.
840-33 (f) The county auditor of the county in which the school
841-34 corporation is located shall distribute an amount under subsection
842-35 (g) to each qualified charter school, excluding virtual charter
843-36 schools or adult high schools, that a student who resides within the
844-37 attendance area of the school corporation attends unless the
845-38 qualified charter school elects to not participate under subsection
846-39 (e). The department of education shall provide the county auditor
847-40 with data and information necessary for the county auditor to
848-41 determine:
849-42 (1) which qualified charter schools are eligible to receive a
796+1 students with legal settlement in the school corporation who attend
797+2 a qualified charter school and who receive not more than fifty
798+3 percent (50%) virtual instruction, which shall be disaggregated for
799+4 each qualified charter school, excluding a virtual charter school or
800+5 adult high school.
801+6 (e) At least forty-five (45) days before the resolution is voted on
802+7 by the governing body of the school corporation, the school
803+8 corporation shall contact each qualified charter school, excluding
804+9 virtual charter schools or adult high schools, disclosed by the
805+10 department of education to the school corporation under
806+11 subsection (d) to determine whether the qualified charter school
807+12 will elect to not participate. The notice must include the total
808+13 amount of the school corporation's expected need, the
809+14 corresponding estimate for that amount divided by the number of
810+15 students enrolled in the school corporation, and the date on which
811+16 the governing body of the school corporation will vote on the
812+17 resolution. If the qualified charter school elects to not participate,
813+18 the qualified charter school must respond in writing to the
814+19 governing body of the school corporation, which may be by
815+20 electronic mail addressed to the superintendent of the school
816+21 corporation, at least thirty (30) days prior to the date that the
817+22 resolution is to be voted on by the governing body of the school
818+23 corporation. If the qualified charter school elects to not participate,
819+24 the school corporation may exclude distributions to the qualified
820+25 charter school under this section and from the projection described
821+26 in subsection (d). In addition, a qualified charter school that will
822+27 participate under this subsection shall contribute a proportionate
823+28 share of the cost to conduct the petition and remonstrance process
824+29 or referendum, as applicable, based on the total combined ADM of
825+30 the school corporation and any participating qualified charter
826+31 schools.
827+32 (f) The county auditor of the county in which the school
828+33 corporation is located shall distribute an amount under subsection
829+34 (g) to each qualified charter school, excluding virtual charter
830+35 schools or adult high schools, that a student who resides within the
831+36 attendance area of the school corporation attends unless the
832+37 qualified charter school elects to not participate under subsection
833+38 (e). The department of education shall provide the county auditor
834+39 with data and information necessary for the county auditor to
835+40 determine:
836+41 (1) which qualified charter schools are eligible to receive a
837+42 distribution under this section; and
850838 SB 518—LS 7334/DI 125 20
851-1 distribution under this section; and
852-2 (2) the number of students who:
853-3 (A) reside within the attendance area of the school
854-4 corporation who are included in the ADM for each
855-5 qualified charter school, excluding virtual charter schools
856-6 or adult high schools, described in subdivision (1); and
857-7 (B) receive not more than fifty percent (50%) virtual
858-8 instruction.
859-9 (g) For the purposes of the calculations made in this subsection,
860-10 each eligible school that has entered into an agreement with a
861-11 school corporation to participate as a participating innovation
862-12 network charter school under IC 20-25.7-5 is considered to have an
863-13 ADM that is separate from the school corporation. The amount
864-14 that the county auditor shall distribute to a qualified charter
865-15 school, excluding virtual charter schools or adult high schools,
866-16 under this section is the amount determined in the last STEP of the
867-17 following STEPS:
868-18 STEP ONE: Determine, for each qualified charter school that
869-19 is eligible to receive a distribution under this section,
870-20 excluding virtual charter schools or adult high schools, the
871-21 number of students who:
872-22 (A) reside within the attendance area of the school
873-23 corporation who are currently included in the ADM of the
874-24 qualified charter school; and
875-25 (B) receive not more than fifty percent (50%) virtual
876-26 instruction.
877-27 STEP TWO: Determine the sum of:
878-28 (A) the current ADM count for the school corporation,
879-29 excluding students who:
880-30 (i) receive more than fifty percent (50%) virtual
881-31 instruction; and
882-32 (ii) attend the school corporation but do not have legal
883-33 settlement in the school corporation; plus
884-34 (B) the total number of all students who reside within the
885-35 attendance area of the school corporation who are
886-36 currently included in the ADM of a qualified charter
887-37 school, excluding virtual charter schools or adult high
888-38 schools, and receive not more than fifty percent (50%)
889-39 virtual instruction.
890-40 STEP THREE: For each qualified charter school, determine
891-41 the result of:
892-42 (A) the STEP ONE amount; divided by
839+1 (2) the number of students who:
840+2 (A) reside within the attendance area of the school
841+3 corporation who are included in the ADM for each
842+4 qualified charter school, excluding virtual charter schools
843+5 or adult high schools, described in subdivision (1); and
844+6 (B) receive not more than fifty percent (50%) virtual
845+7 instruction.
846+8 (g) For the purposes of the calculations made in this subsection,
847+9 each eligible school that has entered into an agreement with a
848+10 school corporation to participate as a participating innovation
849+11 network charter school under IC 20-25.7-5 is considered to have an
850+12 ADM that is separate from the school corporation. The amount
851+13 that the county auditor shall distribute to a qualified charter
852+14 school, excluding virtual charter schools or adult high schools,
853+15 under this section is the amount determined in the last STEP of the
854+16 following STEPS:
855+17 STEP ONE: Determine, for each qualified charter school that
856+18 is eligible to receive a distribution under this section,
857+19 excluding virtual charter schools or adult high schools, the
858+20 number of students who:
859+21 (A) reside within the attendance area of the school
860+22 corporation who are currently included in the ADM of the
861+23 qualified charter school; and
862+24 (B) receive not more than fifty percent (50%) virtual
863+25 instruction.
864+26 STEP TWO: Determine the sum of:
865+27 (A) the current ADM count for the school corporation,
866+28 excluding students who:
867+29 (i) receive more than fifty percent (50%) virtual
868+30 instruction; and
869+31 (ii) attend the school corporation but do not have legal
870+32 settlement in the school corporation; plus
871+33 (B) the total number of all students who reside within the
872+34 attendance area of the school corporation who are
873+35 currently included in the ADM of a qualified charter
874+36 school, excluding virtual charter schools or adult high
875+37 schools, and receive not more than fifty percent (50%)
876+38 virtual instruction.
877+39 STEP THREE: For each qualified charter school, determine
878+40 the result of:
879+41 (A) the STEP ONE amount; divided by
880+42 (B) the STEP TWO amount.
893881 SB 518—LS 7334/DI 125 21
894-1 (B) the STEP TWO amount.
895-2 STEP FOUR: To determine the distribution amount for a
896-3 qualified charter school, determine:
897-4 (A) for the initial installment period in the first year in
898-5 which property taxes are collected to pay debt service on
899-6 bonds or lease rentals for the controlled project that
900-7 follows the approval by the voters, the result of:
901-8 (i) the STEP THREE amount; multiplied by
902-9 (ii) the amount collected by the county auditor during
903-10 the installment period; and
904-11 (B) for each subsequent installment period in each
905-12 subsequent year in which property taxes are collected to
906-13 pay debt service on bonds or lease rentals for the
907-14 controlled project, the amount determined in clause (A).
908-15 (h) Not later than May 25, 2025, the department of local
909-16 government finance shall prescribe the manner in which a
910-17 projection described in subsection (d) shall be calculated.
911-18 SECTION 4. IC 20-24-3-19 IS ADDED TO THE INDIANA CODE
912-19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
913-20 1, 2025]: Sec. 19. (a) This section applies to a charter school that
914-21 receives property tax revenue under any statute referred to in
915-22 IC 20-24-7-6.1 and IC 20-24-7-6.2
916-23 (b) As used in this section "executive" has the meaning set forth
917-24 in IC 36-1-2-5.
918-25 (c) In the case of a charter school that is located within a city,
919-26 including a consolidated city, the executive shall appoint one (1)
920-27 individual to serve as a member of the governing board of a
921-28 charter school.
922-29 (d) In the case of a charter school that is located in an
923-30 unincorporated area within a county, the county executive shall
924-31 appoint one (1) individual to serve as a member of the governing
925-32 board of a charter school.
926-33 SECTION 5. IC 20-24-4-1, AS AMENDED BY P.L.150-2024,
927-34 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
928-35 JULY 1, 2025]: Sec. 1. (a) A charter must meet the following
929-36 requirements:
930-37 (1) Be a written instrument.
931-38 (2) Be executed by an authorizer and an organizer.
932-39 (3) Confer certain rights, franchises, privileges, and obligations
933-40 on a charter school.
934-41 (4) Confirm the status of a charter school as a public school.
935-42 (5) Subject to subdivision (6)(E), be granted for:
882+1 STEP FOUR: To determine the distribution amount for a
883+2 qualified charter school, determine:
884+3 (A) for the initial installment period in the first year in
885+4 which property taxes are collected to pay debt service on
886+5 bonds or lease rentals for the controlled project that
887+6 follows the approval by the voters, the result of:
888+7 (i) the STEP THREE amount; multiplied by
889+8 (ii) the amount collected by the county auditor during
890+9 the installment period; and
891+10 (B) for each subsequent installment period in each
892+11 subsequent year in which property taxes are collected to
893+12 pay debt service on bonds or lease rentals for the
894+13 controlled project, the amount determined in clause (A).
895+14 (h) Not later than May 25, 2025, the department of local
896+15 government finance shall prescribe the manner in which a
897+16 projection described in subsection (d) shall be calculated.
898+17 SECTION 4. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
899+18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
900+19 MAY 10, 2025 (RETROACTIVE)]: Sec. 6. (a) With the approval of a
901+20 majority of the members of the governing body, a school corporation
902+21 may distribute a proportionate share of the school corporation's
903+22 operations fund to a charter school. A charter school may elect to
904+23 distribute a proportionate share of the charter school's operations fund
905+24 to the school corporation in whose district the charter school is located.
906+25 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
907+26 governing body may distribute money that is received as part of a tax
908+27 levy collected under IC 20-46-1 from the school corporation's
909+28 education fund to a charter school, excluding a virtual charter school,
910+29 in the manner provided by IC 20-46-1-8(e).
911+30 (c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
912+31 governing body may distribute money from the school safety
913+32 referendum tax levy fund to a charter school, excluding a virtual
914+33 charter school, in the manner prescribed by IC 20-46-9-6(b).
915+34 SECTION 5. IC 20-24-7-6.1, AS ADDED BY P.L.201-2023,
916+35 SECTION 153, IS AMENDED TO READ AS FOLLOWS
917+36 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section applies to
918+37 revenue collected:
919+38 (1) after June 30, 2024, and before January 1, 2026, from a tax
920+39 levy imposed under IC 20-46-8 by the governing body of a school
921+40 corporation described in IC 20-46-8-11.2(a); and
922+41 (2) after December 31, 2025, from a tax levy imposed under
923+42 IC 20-46-7 or IC 20-46-8 by the governing body of a school
936924 SB 518—LS 7334/DI 125 22
937-1 (A) not less than three (3) years or more than fifteen (15)
938-2 years; and
939-3 (B) a fixed number of years agreed to by the authorizer and the
940-4 organizer.
941-5 (6) Provide for the following:
942-6 (A) A review by the authorizer of the charter school's
943-7 performance, including the progress of the charter school in
944-8 achieving the academic goals set forth in the charter, at least
945-9 one (1) time in each five (5) year period while the charter is in
946-10 effect.
947-11 (B) Renewal, if the authorizer and the organizer agree to renew
948-12 the charter.
949-13 (C) The renewal application must include guidance from the
950-14 authorizer, and the guidance must include the performance
951-15 criteria that will guide the authorizer's renewal decisions.
952-16 (D) The renewal application process must, at a minimum,
953-17 provide an opportunity for the charter school to:
954-18 (i) present additional evidence, beyond the data contained in
955-19 the performance report, supporting its case for charter
956-20 renewal;
957-21 (ii) describe improvements undertaken or planned for the
958-22 charter school; and
959-23 (iii) detail the charter school's plans for the next charter
960-24 term.
961-25 (E) Not later than the end of the calendar year in which the
962-26 charter school seeks renewal of a charter, the governing board
963-27 of a charter school seeking renewal shall submit a renewal
964-28 application to the charter authorizer under the renewal
965-29 application guidance issued by the authorizer. The authorizer
966-30 shall make a final ruling on the renewal application not later
967-31 than April 1 after the filing of the renewal application. A
968-32 renewal granted under this clause is not subject to the three (3)
969-33 year minimum described in subdivision (5). The April 1
970-34 deadline does not apply to any review or appeal of a final
971-35 ruling. After the final ruling is issued, the charter school may
972-36 obtain further review by the authorizer of the authorizer's final
973-37 ruling in accordance with the terms of the charter school's
974-38 charter and the protocols of the authorizer.
975-39 (7) Specify the grounds for the authorizer to:
976-40 (A) revoke the charter before the end of the term for which the
977-41 charter is granted; or
978-42 (B) not renew a charter.
925+1 corporation.
926+2 (b) Beginning In calendar year 2025, and each year thereafter, the
927+3 county auditor shall distribute money that is received as part of a tax
928+4 levy collected under IC 20-46-8 to an eligible charter school, excluding
929+5 a virtual charter school and adult high school, for deposit in the charter
930+6 school's operations fund created under IC 20-40-18-1. The distributions
931+7 shall be made at the same time that tax levy revenue is required to be
932+8 distributed to school corporations.
933+9 (c) Beginning in calendar year 2026, and each year thereafter,
934+10 the county auditor shall distribute money that is received as part
935+11 of a tax levy collected under IC 20-46-7 or IC 20-46-8 to an eligible
936+12 charter school, excluding a virtual charter school and adult high
937+13 school, in the manner prescribed by IC 20-46-7-17 or
938+14 IC 20-46-8-13, as applicable, for deposit in the charter school's
939+15 operations fund created under IC 20-40-18-1. The distributions
940+16 shall be made at the same time that tax levy revenue is required to
941+17 be distributed to school corporations.
942+18 SECTION 6. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023,
943+19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
944+20 MAY 10, 2025 (RETROACTIVE)]: Sec. 6.2. (a) This section applies
945+21 to a levy resulting from a resolution adopted by the governing body
946+22 under IC 6-1.1-20 and a resolution to place a referendum on the ballot
947+23 adopted by the governing body under IC 20-46-1-8, IC 20-46-1-8.5,
948+24 IC 20-46-9-6, or IC 20-46-9-7:
949+25 (1) after May 10, 2023, and before May 11, 2025, for counties
950+26 described in IC 20-46-1-21(a) and IC 20-46-9-22(a); and
951+27 (2) after May 10, 2025, for all counties.
952+28 (b) The county auditor in the county in which the applicable school
953+29 corporation is located shall distribute money that is received as part of
954+30 a tax levy collected under IC 20-46-1 to an applicable charter school,
955+31 excluding a virtual charter school, in the manner provided by
956+32 IC 20-46-1-21.
957+33 (c) The county auditor in the county in which the applicable school
958+34 corporation is located shall distribute money that is received as part of
959+35 a tax levy collected under IC 20-46-9 to an applicable charter school,
960+36 excluding a virtual charter school, in the manner prescribed by
961+37 IC 20-46-9-22.
962+38 (d) The county auditor in the county in which the applicable
963+39 school corporation is located shall distribute money that is received
964+40 as part of a tax levy collected under IC 6-1.1-20 to a qualified
965+41 charter school (as defined in IC 6-1.1-20-13.5(b), excluding a
966+42 virtual charter school, in the manner prescribed by
979967 SB 518—LS 7334/DI 125 23
980-1 (8) Set forth the methods by which the charter school will be held
981-2 accountable for achieving the educational mission and goals of
982-3 the charter school, including the following:
983-4 (A) Evidence of improvement in:
984-5 (i) assessment measures, including the statewide assessment
985-6 program measures;
986-7 (ii) attendance rates;
987-8 (iii) graduation rates (if appropriate);
988-9 (iv) increased numbers of Indiana diplomas with a Core 40
989-10 designation or increased numbers of Indiana diploma
990-11 designations established under IC 20-19-2-21 and other
991-12 college and career ready indicators including advanced
992-13 placement participation and passage, dual credit
993-14 participation and passage, and International Baccalaureate
994-15 participation and passage (if appropriate);
995-16 (v) increased numbers of Indiana diplomas with Core 40
996-17 with academic honors and technical honors designations (if
997-18 appropriate);
998-19 (vi) student academic growth;
999-20 (vii) financial performance and stability; and
1000-21 (viii) governing board performance and stewardship,
1001-22 including compliance with applicable laws, rules and
1002-23 regulations, and charter terms.
1003-24 (B) Evidence of progress toward reaching the educational
1004-25 goals set by the organizer.
1005-26 (9) Describe the method to be used to monitor the charter
1006-27 school's:
1007-28 (A) compliance with applicable law; and
1008-29 (B) performance in meeting targeted educational performance.
1009-30 (10) Specify that the authorizer and the organizer may amend the
1010-31 charter during the term of the charter by mutual consent and
1011-32 describe the process for amending the charter.
1012-33 (11) Describe specific operating requirements, including all the
1013-34 matters set forth in the application for the charter.
1014-35 (12) Specify a date when the charter school will:
1015-36 (A) begin school operations; and
1016-37 (B) have students attending the charter school.
1017-38 (13) Specify that records of a charter school relating to the
1018-39 school's operation and charter are subject to inspection and
1019-40 copying to the same extent that records of a public school are
1020-41 subject to inspection and copying under IC 5-14-3.
1021-42 (14) Specify that records provided by the charter school to the
968+1 IC 6-1.1-20-13.5.
969+2 (d) (e) A charter school that may receive money from a school
970+3 corporation's tax levy collected under IC 6-1.1-20, a school
971+4 corporation's tax levy collected under IC 20-46-1, or a school safety
972+5 referendum tax levy under IC 20-46-9 may not promote a position on
973+6 is prohibited from promoting a referendum in the same manner as a
974+7 school corporation is prohibited from promoting a position on a
975+8 referendum under IC 20-46-1-20.
976+9 (e) (f) If a charter school receives a distribution from a school
977+10 corporation from a school corporation's tax levy collected under
978+11 IC 6-1.1-20, the school corporation's tax levy collected under
979+12 IC 20-46-1, or a school safety referendum tax levy under IC 20-46-9,
980+13 the charter school must post the following on the charter school's
981+14 website:
982+15 (1) The specific purposes for which the revenue received from the
983+16 tax levy will be used.
984+17 (2) An estimate of the annual dollar amounts that will be
985+18 expended for each purpose described in subdivision (1).
986+19 SECTION 7. IC 20-24-13-1, AS ADDED BY P.L.213-2015,
987+20 SECTION 162, IS AMENDED TO READ AS FOLLOWS
988+21 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter applies to the
989+22 following:
990+23 (1) A charter school. that does not receive a pro rata share of local
991+24 property tax revenue.
992+25 (2) An innovation network school located in a school city, as
993+26 defined in IC 20-25-2-12, that existed on January 1, 2015 that
994+27 does not receive a pro rata share of local property tax revenue
995+28 (referred to as an innovation network school in this chapter).
996+29 (b) This chapter does not apply to a virtual charter school or an adult
997+30 high school.
998+31 SECTION 8. IC 20-24-13-6, AS AMENDED BY P.L.201-2023,
999+32 SECTION 158, IS AMENDED TO READ AS FOLLOWS
1000+33 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Subject to section 7 of this
1001+34 chapter, the department, in collaboration with the state board,
1002+35 shall determine a school's annual grant amount for a grant under
1003+36 this chapter. A school shall provide the department with any
1004+37 information necessary, in the manner prescribed by the
1005+38 department, to determine a school's annual grant amount under
1006+39 this section. The annual grant amount for a school for a state fiscal
1007+40 year is the following:
1008+41 (1) For the state fiscal year beginning July 1, 2021:
1009+42 (A) one thousand dollars ($1,000); multiplied by
10221010 SB 518—LS 7334/DI 125 24
1023-1 department or authorizer that relate to compliance by the
1024-2 organizer with the terms of the charter or applicable state or
1025-3 federal laws are subject to inspection and copying in accordance
1026-4 with IC 5-14-3.
1027-5 (15) Specify that the charter school is subject to the requirements
1028-6 of IC 5-14-1.5.
1029-7 (16) This subdivision applies to a charter established or renewed
1030-8 for an adult high school after June 30, 2014. The charter must
1031-9 require:
1032-10 (A) that the school will offer flexible scheduling;
1033-11 (B) that students will not complete the majority of instruction
1034-12 of the school's curriculum online or through remote
1035-13 instruction;
1036-14 (C) that the school will offer dual credit or industry
1037-15 certification course work that aligns with career pathways as
1038-16 recommended by the Indiana career council established by
1039-17 IC 22-4.5-9-3 (expired); and
1040-18 (D) a plan:
1041-19 (i) to support successful program completion and to assist
1042-20 transition of graduates to the workforce or to a
1043-21 postsecondary education upon receiving a diploma from the
1044-22 adult high school; and
1045-23 (ii) to review individual student accomplishments and
1046-24 success after a student receives a diploma from the adult
1047-25 high school.
1048-26 (17) In the case of a charter school that is subject to
1049-27 IC 20-24-3-19, the charter must confirm that at least one (1)
1050-28 member of the governing board of the charter school will be
1051-29 appointed in accordance with IC 20-24-3-19.
1052-30 (b) A charter school shall set annual performance targets in
1053-31 conjunction with the charter school's authorizer. The annual
1054-32 performance targets shall be designed to help each school meet
1055-33 applicable federal, state, and authorizer expectations.
1056-34 SECTION 6. IC 20-24-7-6, AS AMENDED BY P.L.189-2023,
1057-35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1058-36 MAY 10, 2025 (RETROACTIVE)]: Sec. 6. (a) With the approval of a
1059-37 majority of the members of the governing body, a school corporation
1060-38 may distribute a proportionate share of the school corporation's
1061-39 operations fund to a charter school. A charter school may elect to
1062-40 distribute a proportionate share of the charter school's operations fund
1063-41 to the school corporation in whose district the charter school is located.
1064-42 (b) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
1065-SB 518—LS 7334/DI 125 25
1066-1 governing body may distribute money that is received as part of a tax
1067-2 levy collected under IC 20-46-1 from the school corporation's
1068-3 education fund to a charter school, excluding a virtual charter school,
1069-4 in the manner provided by IC 20-46-1-8(e).
1070-5 (c) Except as provided in IC 20-46-1-21 and IC 20-46-9-22, a
1071-6 governing body may distribute money from the school safety
1072-7 referendum tax levy fund to a charter school, excluding a virtual
1073-8 charter school, in the manner prescribed by IC 20-46-9-6(b).
1074-9 SECTION 7. IC 20-24-7-6.1, AS ADDED BY P.L.201-2023,
1075-10 SECTION 153, IS AMENDED TO READ AS FOLLOWS
1076-11 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) This section applies to
1077-12 revenue collected:
1078-13 (1) after June 30, 2024, and before January 1, 2028, from a tax
1079-14 levy imposed under IC 20-46-8 by the governing body of a school
1080-15 corporation described in IC 20-46-8-11.2(a);
1081-16 (2) after December 31, 2025, in the case of a tax levy imposed
1082-17 under IC 20-46-7 by the governing body of a school
1083-18 corporation; and
1084-19 (3) after December 31, 2027, in the case of a tax levy imposed
1085-20 under IC 20-46-8 by the governing body of a school
1086-21 corporation.
1087-22 (b) Beginning In calendar year 2025, 2026, and 2027, and each year
1088-23 thereafter, the county auditor shall distribute money that is received as
1089-24 part of a tax levy collected under IC 20-46-8 to an eligible charter
1090-25 school, excluding a virtual charter school and adult high school, for
1091-26 deposit in the charter school's operations fund created under
1092-27 IC 20-40-18-1. The distributions shall be made at the same time that
1093-28 tax levy revenue is required to be distributed to school corporations.
1094-29 (c) This subsection applies as follows:
1095-30 (1) Beginning in calendar year 2026, and each year thereafter,
1096-31 the county auditor shall distribute money that is received as
1097-32 part of a tax levy collected under IC 20-46-7 to an eligible
1098-33 charter school, excluding a virtual charter school and adult
1099-34 high school, in the manner prescribed by IC 20-46-7-17 for
1100-35 deposit in the charter school's operations fund created under
1101-36 IC 20-40-18-1.
1102-37 (2) Beginning in calendar year 2028, and each year thereafter,
1103-38 the county auditor shall distribute money that is received as
1104-39 part of a tax levy collected under IC 20-46-8 to an eligible
1105-40 charter school, excluding a virtual charter school and adult
1106-41 high school, in the manner prescribed by IC 20-46-8-13 for
1107-42 deposit in the charter school's operations fund created under
1108-SB 518—LS 7334/DI 125 26
1109-1 IC 20-40-18-1.
1110-2 The distributions shall be made at the same time that tax levy
1111-3 revenue is required to be distributed to school corporations.
1112-4 SECTION 8. IC 20-24-7-6.2, AS ADDED BY P.L.189-2023,
1113-5 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1114-6 MAY 10, 2025 (RETROACTIVE)]: Sec. 6.2. (a) This section applies
1115-7 to a levy resulting from a resolution adopted by the governing body
1116-8 under IC 6-1.1-20 and a resolution to place a referendum on the ballot
1117-9 adopted by the governing body under IC 20-46-1-8, IC 20-46-1-8.5,
1118-10 IC 20-46-9-6, or IC 20-46-9-7:
1119-11 (1) after May 10, 2023, and before May 11, 2025, for counties
1120-12 described in IC 20-46-1-21(a) and IC 20-46-9-22(a); and
1121-13 (2) after May 10, 2025, for all counties.
1122-14 (b) The county auditor in the county in which the applicable school
1123-15 corporation is located shall distribute money that is received as part of
1124-16 a tax levy collected under IC 20-46-1 to an applicable charter school,
1125-17 excluding a virtual charter school, in the manner provided by
1126-18 IC 20-46-1-21.
1127-19 (c) The county auditor in the county in which the applicable school
1128-20 corporation is located shall distribute money that is received as part of
1129-21 a tax levy collected under IC 20-46-9 to an applicable charter school,
1130-22 excluding a virtual charter school, in the manner prescribed by
1131-23 IC 20-46-9-22.
1132-24 (d) The county auditor in the county in which the applicable
1133-25 school corporation is located shall distribute money that is received
1134-26 as part of a tax levy collected under IC 6-1.1-20 to a qualified
1135-27 charter school (as defined in IC 6-1.1-20-13.5(b)), excluding a
1136-28 virtual charter school, in the manner prescribed by
1137-29 IC 6-1.1-20-13.5. A qualified charter school (as defined in
1138-30 IC 6-1.1-20-13.5(b)) shall establish a separate account into which
1139-31 revenue received from a tax levy under IC 6-1.1-20 must be
1140-32 deposited.
1141-33 (d) (e) A charter school that may receive money from a school
1142-34 corporation's tax levy collected under IC 6-1.1-20, a school
1143-35 corporation's tax levy collected under IC 20-46-1, or a school safety
1144-36 referendum tax levy under IC 20-46-9 may not promote a position on
1145-37 is prohibited from promoting a referendum in the same manner as a
1146-38 school corporation is prohibited from promoting a position on a
1147-39 referendum under IC 20-46-1-20.
1148-40 (e) (f) If a charter school receives a distribution from a school
1149-41 corporation from a school corporation's tax levy collected under
1150-42 IC 6-1.1-20, the school corporation's tax levy collected under
1151-SB 518—LS 7334/DI 125 27
1152-1 IC 20-46-1, or a school safety referendum tax levy under IC 20-46-9,
1153-2 the charter school must post the following on the charter school's
1154-3 website:
1155-4 (1) The specific purposes for which the revenue received from the
1156-5 tax levy will be used.
1157-6 (2) An estimate of the annual dollar amounts that will be
1158-7 expended for each purpose described in subdivision (1).
1159-8 SECTION 9. IC 20-24-7-17 IS ADDED TO THE INDIANA CODE
1160-9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1161-10 1, 2025]: Sec. 17. (a) This section is in addition to any other
1162-11 requirement imposed on a charter school with respect to the
1163-12 closure of a charter school, including the payment of any
1164-13 outstanding debts.
1165-14 (b) In the case of a charter school that closes after the June or
1166-15 December distribution of property tax revenue, the charter school
1167-16 shall return any property tax revenue received from a levy
1168-17 referred to in sections 6.1 and 6.2 of this chapter to the school
1169-18 corporation in which the charter school is located. A charter school
1170-19 that closes is not entitled to any future distributions of property tax
1171-20 revenue from a levy referred to in sections 6.1 and 6.2 of this
1172-21 chapter.
1173-22 (c) If a charter school has outstanding debt at the time of the
1174-23 closure, the charter school must satisfy the outstanding debt in
1175-24 accordance with the following:
1176-25 (1) If the charter school owns the building but did not
1177-26 purchase the building under IC 20-26-7.1, the charter school
1178-27 must first sell the building and apply the proceeds received
1179-28 from the sale to pay off the outstanding debt.
1180-29 (2) If subdivision (1) does not apply, the charter school must
1181-30 satisfy the debt by means of any other revenue source legally
1182-31 available to the charter school.
1183-32 (d) A charter school that closes must notify the county fiscal
1184-33 body of the county in which the charter school is located of the
1185-34 closure and provide the county fiscal body with a certified copy of
1186-35 the resolution adopted by the charter school's governing body to
1187-36 close the charter school.
1188-37 SECTION 10. IC 20-24-13-1, AS ADDED BY P.L.213-2015,
1189-38 SECTION 162, IS AMENDED TO READ AS FOLLOWS
1190-39 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter applies to the
1191-40 following:
1192-41 (1) A charter school. that does not receive a pro rata share of local
1193-42 property tax revenue.
1194-SB 518—LS 7334/DI 125 28
1195-1 (2) An innovation network school located in a school city, as
1196-2 defined in IC 20-25-2-12, that existed on January 1, 2015 that
1197-3 does not receive a pro rata share of local property tax revenue
1198-4 (referred to as an innovation network school in this chapter).
1199-5 (b) This chapter does not apply to a virtual charter school or an adult
1200-6 high school.
1201-7 SECTION 11. IC 20-24-13-6, AS AMENDED BY P.L.201-2023,
1202-8 SECTION 158, IS AMENDED TO READ AS FOLLOWS
1203-9 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Subject to section 7 of this
1204-10 chapter, the department, in collaboration with the state board,
1205-11 shall determine a school's annual grant amount for a grant under
1206-12 this chapter. A school shall provide the department with any
1207-13 information necessary, in the manner prescribed by the
1208-14 department, to determine a school's annual grant amount under
1209-15 this section. The annual grant amount for a school for a state fiscal
1210-16 year is the following:
1211-17 (1) For the state fiscal year beginning July 1, 2021:
1212-18 (A) one thousand dollars ($1,000); multiplied by
1011+1 (B) the number of eligible pupils who are counted in the
1012+2 current ADM of the school.
1013+3 (2) For the state fiscal year beginning July 1, 2022:
1014+4 (A) one thousand two hundred fifty dollars ($1,250);
1015+5 multiplied by
1016+6 (B) the number of eligible pupils who are counted in the
1017+7 current ADM of the school.
1018+8 (3) (1) For the state fiscal year beginning July 1, 2023, and each
1019+9 state fiscal year thereafter: and for the state fiscal year
1020+10 beginning July 1, 2024:
1021+11 (A) one thousand four hundred dollars ($1,400); multiplied by
1022+12 (B) the number of eligible pupils who are counted in the
1023+13 current ADM of the school.
1024+14 (2) Subject to subsection (b) and section 7 of this chapter, for
1025+15 the state fiscal year beginning July 1, 2025, and each state
1026+16 fiscal year thereafter:
1027+17 (A) one thousand four hundred dollars ($1,400); multiplied
1028+18 by
12131029 19 (B) the number of eligible pupils who are counted in the
12141030 20 current ADM of the school.
1215-21 (2) For the state fiscal year beginning July 1, 2022:
1216-22 (A) one thousand two hundred fifty dollars ($1,250);
1217-23 multiplied by
1218-24 (B) the number of eligible pupils who are counted in the
1219-25 current ADM of the school.
1220-26 (3) (1) For the state fiscal year beginning July 1, 2023, and each
1221-27 state fiscal year thereafter: and for the state fiscal year
1222-28 beginning July 1, 2024:
1223-29 (A) one thousand four hundred dollars ($1,400); multiplied by
1031+21 (b) Notwithstanding subsection (a), and subject to section 7 of
1032+22 this chapter, the annual grant amount for a school for a state fiscal
1033+23 year is determined in the last STEP of the following STEPS:
1034+24 STEP ONE: Determine the aggregate sum of the property tax
1035+25 revenue received by the school in the immediately preceding
1036+26 calendar year from school corporations under IC 6-1.1-20 and
1037+27 IC 20-46-7.
1038+28 STEP TWO: Divide:
1039+29 (A) the STEP ONE result; by
12241040 30 (B) the number of eligible pupils who are counted in the
12251041 31 current ADM of the school.
1226-32 (2) Subject to subsection (b) and section 7 of this chapter, for
1227-33 the state fiscal year beginning July 1, 2025, and each state
1228-34 fiscal year thereafter:
1229-35 (A) one thousand four hundred dollars ($1,400); multiplied
1230-36 by
1231-37 (B) the number of eligible pupils who are counted in the
1232-38 current ADM of the school.
1233-39 (b) Notwithstanding subsection (a), and subject to section 7 of
1234-40 this chapter, the annual grant amount for a school for a state fiscal
1235-41 year is determined in the last STEP of the following STEPS:
1236-42 STEP ONE: Determine the aggregate sum of the property tax
1042+32 STEP THREE: Determine:
1043+33 (A) one thousand four hundred dollars ($1,400); minus
1044+34 (B) the STEP TWO result.
1045+35 STEP FOUR: Determine the greater of:
1046+36 (A) the STEP THREE result; or
1047+37 (B) zero (0).
1048+38 STEP FIVE: Determine the result of:
1049+39 (A) the STEP FOUR result; multiplied by
1050+40 (B) the number of eligible pupils who are counted in the
1051+41 school's current ADM.
1052+42 (c) A county auditor shall collaborate with the department to
1053+SB 518—LS 7334/DI 125 25
1054+1 the extent necessary to carry out this section.
1055+2 SECTION 9. IC 20-24-13-7 IS ADDED TO THE INDIANA CODE
1056+3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1057+4 1, 2025]: Sec. 7. (a) Before the department may distribute a grant
1058+5 under this chapter, the department shall determine the total
1059+6 amount of:
1060+7 (1) property tax revenue that the charter school is set to
1061+8 receive from a particular school corporation in a year from
1062+9 levies imposed under:
1063+10 (A) IC 6-1.1-20, as a result of a resolution to impose
1064+11 property taxes adopted by the governing body after May
1065+12 10, 2025; and
1066+13 (B) IC 20-46-7; plus
1067+14 (2) the total amount of the grant to be awarded to the charter
1068+15 school under this chapter for the school year.
1069+16 If the sum of subdivisions (1) and (2) for a particular charter
1070+17 school exceeds the amount of property tax revenue that the school
1071+18 corporation, if not for the application of this section, would receive
1072+19 after sharing amounts of property tax revenue as otherwise
1073+20 required by law, the department shall reduce the amount of the
1074+21 grant amount to the charter school that exceeds the amount the
1075+22 school corporation would otherwise receive.
1076+23 (b) A county auditor shall collaborate with other county
1077+24 auditors and the department to the extent necessary to comply with
1078+25 the requirements of this section.
1079+26 SECTION 10. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024,
1080+27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1081+28 JULY 1, 2025]: Sec. 3. (a) For as long as a charter school remains a
1082+29 participating innovation network charter school:
1083+30 (1) the school corporation may provide transportation for students
1084+31 attending the participating innovation network charter school;
1085+32 (2) the school corporation may maintain and repair the buildings
1086+33 and grounds used by the participating innovation network charter
1087+34 school consistent with the maintenance and repair to the school
1088+35 corporation's other buildings and grounds;
1089+36 (3) the school corporation may enter into an agreement to transfer
1090+37 the ownership of a school corporation facility to the organizer;
1091+38 and
1092+39 (4) the school corporation may not alter the use of the facility
1093+40 occupied by the participating innovation network charter school
1094+41 without agreement from the organizer.
1095+42 (b) If an organizer contracts with a school corporation for goods or
1096+SB 518—LS 7334/DI 125 26
1097+1 services, the school corporation may not charge the organizer more for
1098+2 the goods or services than the school corporation pays for the goods or
1099+3 services. A school corporation may not require an organizer to contract
1100+4 for specific goods or services provided by the school corporation or any
1101+5 other entity.
1102+6 (c) A school corporation and an organizer may negotiate to require
1103+7 specific services with regard to a participating innovation network
1104+8 charter school during the term of an agreement. However, an organizer
1105+9 must be able to select the service provider for the services.
1106+10 (d) For as long as a charter school remains a participating
1107+11 innovation network charter school, the school corporation may
1108+12 distribute money levied as property taxes to the charter school. Property
1109+13 taxes distributed to a charter school must be used only for a purpose for
1110+14 which the property taxes could have been used by the school
1111+15 corporation. Property taxes distributed under this subsection may
1112+16 supplement services and property provided under subsection (a) or (b).
1113+17 The parties may jointly modify an agreement described in section 2 of
1114+18 this chapter to implement this subsection.
1115+19 (e) An agreement concerning the transfer of ownership of a school
1116+20 corporation facility described in subsection (a) is not subject to
1117+21 IC 20-26-7.1.
1118+22 (f) Unless an agreement entered into before July 1, 2024, between
1119+23 a board and an organizer provides otherwise, a school corporation may
1120+24 not charge an organizer an amount for goods and services that is
1121+25 greater than the amount of the operations fund property tax levy the
1122+26 organizer receives under IC 20-46-8-11.2 or IC 20-46-8-13 for the
1123+27 participating innovation network charter school.
1124+28 SECTION 11. IC 20-26-5-45 IS ADDED TO THE INDIANA
1125+29 CODE AS A NEW SECTION TO READ AS FOLLOWS
1126+30 [EFFECTIVE JULY 1, 2025]: Sec. 45. If a school corporation is
1127+31 authorized by the general assembly to impose any new tax after
1128+32 June 30, 2025, within the school corporation's attendance area, the
1129+33 governing body of the school corporation shall determine a method
1130+34 for the sharing of revenue collected from the imposition of the tax
1131+35 with each charter school that has a student who:
1132+36 (1) resides in the school corporation's attendance area and is
1133+37 included in the current ADM of the charter school; and
1134+38 (2) receives not more than fifty percent (50%) virtual
1135+39 instruction.
1136+40 SECTION 12. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024,
1137+41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1138+42 MAY 10, 2025 (RETROACTIVE)]: Sec. 1. (a) For purposes of this
1139+SB 518—LS 7334/DI 125 27
1140+1 section, "charter school" does not include a virtual charter school or an
1141+2 adult high school.
1142+3 (b) This chapter does not apply to the following:
1143+4 (1) A school building that since July 1, 2011, is leased or loaned
1144+5 by the school corporation that owns the school building to another
1145+6 entity, if the entity is not a building corporation or other entity that
1146+7 is related in any way to, or created by, the school corporation or
1147+8 the governing body.
1148+9 (2) A school corporation to which all of the following apply:
1149+10 (A) The county auditor distributes revenue after May 10, 2023,
1150+11 as required under IC 20-46-1-21 to each charter school
1151+12 described in IC 20-46-1-21(b). IC 20-46-1-21.
1152+13 (B) If the school corporation listed in IC 20-46-9-22, receives
1153+14 revenue from a school safety referendum tax levy under
1154+15 IC 20-46-9, the county auditor distributes revenue after May
1155+16 10, 2023, as required under IC 20-46-9-22 to each charter
1156+17 school described in IC 20-46-9-22(b). IC 20-46-9-22.
1157+18 The above subdivisions are intended to apply retroactively. No
1158+19 referendums or distributed revenue prior to May 10, 2023, are
1159+20 effective to provide exemption from this chapter.
1160+21 (3) A school corporation to which all of the following apply:
1161+22 (A) The school corporation approves a resolution after May
1162+23 10, 2023, to impose an operating referendum tax levy under
1163+24 IC 20-46-1 after May 10, 2023, that includes sharing the
1164+25 revenue from the referendum tax levy in the amounts
1165+26 described in clause (B) with each charter school that:
1166+27 (i) a student who resides within the attendance area of the
1167+28 school corporation attends; and
1168+29 (ii) elects to participate in the referendum.
1169+30 The above subdivisions are intended to apply retroactively. No
1170+31 resolutions, referendums, or distributed revenue prior to May 10,
1171+32 2023, are effective to provide exemption from this chapter.
1172+33 (B) The amount of referendum tax levy revenue that the school
1173+34 corporation is required to share with each charter school under
1174+35 the resolution described in clause (A) is equal to the amount
1175+36 determined applying the applicable formula under
1176+37 IC 20-46-1-21(d). IC 20-46-1-21.
1177+38 (C) The referendum tax levy described in clause (A) is
1178+39 approved by the voters.
1179+40 (D) The school corporation distributes the amounts described
1180+41 in clause (B) to each charter school described in clause (A).
1181+42 (E) If the school corporation receives revenue from a school
1182+SB 518—LS 7334/DI 125 28
1183+1 safety referendum tax levy under IC 20-46-9, the school
1184+2 corporation shares the revenue from the school safety
1185+3 referendum tax levy with each charter school that:
1186+4 (i) a student who resides within the attendance area of the
1187+5 school corporation attends; and
1188+6 (ii) elects to participate in the referendum;
1189+7 in an amount equal to the amount determined applying the
1190+8 applicable formula under IC 20-46-9-22(d). IC 20-46-9-22.
1191+9 (c) In order for any payment to a charter school to qualify as sharing
1192+10 of proceeds from a referendum for purposes of exemption from
1193+11 IC 20-26-7.1, the referendum must have been passed with prior notice
1194+12 to voters of all amounts of referendum proceeds to be paid to charter
1195+13 schools. Any claim of exemption based on payment of proceeds from
1196+14 a referendum passed without such notice is void.
1197+15 SECTION 13. IC 20-40-2-2, AS AMENDED BY P.L.201-2023,
1198+16 SECTION 181, IS AMENDED TO READ AS FOLLOWS
1199+17 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The governing body of each
1200+18 school corporation shall establish an education fund for the payment of
1201+19 expenses that are allocated to student instruction and learning under
1202+20 IC 20-42.5.
1203+21 (b) The governing body of a charter school that receives a
1204+22 distribution of revenue received from a tax levy under IC 20-46-8-11.2
1205+23 or IC 20-46-8-13 shall establish an education fund for the payment of
1206+24 expenses that are allocated to student instruction and learning under
1207+25 IC 20-42.5.
1208+26 SECTION 14. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
1209+27 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1210+28 MAY 10, 2025 (RETROACTIVE)]: Sec. 5. (a) Money in the fund may
1211+29 be used for any lawful school expenses, including making a transfer to
1212+30 the school corporation's education fund (IC 20-40-2) or operations fund
1213+31 (IC 20-40-18).
1214+32 (b) Except as provided in IC 20-46-1-21, a school corporation may
1215+33 distribute proceeds of a tax levy collected under IC 20-46-1 that is
1216+34 transferred to the school corporation's education fund to a charter
1217+35 school, excluding a virtual charter school, that is located within the
1218+36 attendance area of the school corporation.
1219+37 SECTION 15. IC 20-40-18-1, AS AMENDED BY P.L.201-2023,
1220+38 SECTION 185, IS AMENDED TO READ AS FOLLOWS
1221+39 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The governing body of each
1222+40 school corporation shall create an operations fund to be used by the
1223+41 school corporation after December 31, 2018.
1224+42 (b) The governing body of each charter school that receives a
12371225 SB 518—LS 7334/DI 125 29
1238-1 revenue received by the school in the immediately preceding
1239-2 calendar year from school corporations under IC 6-1.1-20 and
1240-3 IC 20-46-7.
1241-4 STEP TWO: Divide:
1242-5 (A) the STEP ONE result; by
1243-6 (B) the number of eligible pupils who are counted in the
1244-7 current ADM of the school.
1245-8 STEP THREE: Determine:
1246-9 (A) one thousand four hundred dollars ($1,400); minus
1247-10 (B) the STEP TWO result.
1248-11 STEP FOUR: Determine the greater of:
1249-12 (A) the STEP THREE result; or
1250-13 (B) zero (0).
1251-14 STEP FIVE: Determine the result of:
1252-15 (A) the STEP FOUR result; multiplied by
1253-16 (B) the number of eligible pupils who are counted in the
1254-17 school's current ADM.
1255-18 (c) A county auditor shall collaborate with the department to
1256-19 the extent necessary to carry out this section.
1257-20 SECTION 12. IC 20-24-13-7 IS ADDED TO THE INDIANA
1258-21 CODE AS A NEW SECTION TO READ AS FOLLOWS
1259-22 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Before the department may
1260-23 distribute a grant under this chapter, the department shall
1261-24 determine the total amount of:
1262-25 (1) property tax revenue that the charter school is set to
1263-26 receive from a particular school corporation in a year from
1264-27 levies imposed under:
1265-28 (A) IC 6-1.1-20, as a result of a resolution to impose
1266-29 property taxes adopted by the governing body after May
1267-30 10, 2025; and
1268-31 (B) IC 20-46-7; plus
1269-32 (2) the total amount of the grant to be awarded to the charter
1270-33 school under this chapter for the school year.
1271-34 If the sum of subdivisions (1) and (2) for a particular charter
1272-35 school exceeds the amount of property tax revenue that the school
1273-36 corporation, if not for the application of this section, would receive
1274-37 after sharing amounts of property tax revenue as otherwise
1275-38 required by law, the department shall reduce the amount of the
1276-39 grant amount to the charter school that exceeds the amount the
1277-40 school corporation would otherwise receive.
1278-41 (b) A county auditor shall collaborate with other county
1279-42 auditors and the department to the extent necessary to comply with
1226+1 distribution of revenue received from a tax levy under IC 20-46-7-17,
1227+2 IC 20-46-8-11.2, or IC 20-46-8-13 shall create an operations fund to
1228+3 be used by the charter school after December 31, 2024.
1229+4 SECTION 16. IC 20-40-18-2, AS AMENDED BY P.L.201-2023,
1230+5 SECTION 186, IS AMENDED TO READ AS FOLLOWS
1231+6 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The operations fund shall be
1232+7 used to deposit the following after December 31, 2018, in the case of
1233+8 a school corporation:
1234+9 (1) Revenue from the school corporation's operations fund
1235+10 property tax levy under IC 20-46-8.
1236+11 (2) The sum of the following excise tax revenue received for
1237+12 deposit in the fund in the calendar year in which the school year
1238+13 begins:
1239+14 (A) Financial institutions excise tax (IC 6-5.5).
1240+15 (B) Motor vehicle excise taxes (IC 6-6-5).
1241+16 (C) Commercial vehicle excise taxes (IC 6-6-5.5).
1242+17 (D) Boat excise tax (IC 6-6-11).
1243+18 (E) Aircraft license excise tax (IC 6-6-6.5).
1244+19 (3) Transfers from the education fund (IC 20-40-2) or the
1245+20 operating referendum tax levy fund (IC 20-40-3), if any.
1246+21 (4) Allocations of local income taxes to the school corporation
1247+22 under IC 6-3.6-6, if any.
1248+23 (b) In the case of a charter school, the operations fund shall be
1249+24 used to deposit amounts distributed to the charter school under
1250+25 IC 20-46-7-17, IC 20-46-8-11.2, or IC 20-46-8-13 after December 31,
1251+26 2024.
1252+27 SECTION 17. IC 20-40-18-10.5, AS ADDED BY P.L.201-2023,
1253+28 SECTION 187, IS AMENDED TO READ AS FOLLOWS
1254+29 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) This section applies only
1255+30 to eligible charter schools that receive amounts distributed under
1256+31 IC 20-46-7-17, IC 20-46-8-11.2, or IC 20-46-8-13.
1257+32 (b) For purposes of this section, "charter board" means the
1258+33 governing body of the organizer (as defined in IC 20-24-1-7) of an
1259+34 eligible charter school.
1260+35 (c) The operations fund may be used only to do the following:
1261+36 (1) Carry out a capital projects plan under the following
1262+37 conditions:
1263+38 (A) The plan must include all proposed expenditures that
1264+39 exceed ten thousand dollars ($10,000) and are for:
1265+40 (i) capital assets; or
1266+41 (ii) projects that are considered capital in nature, including
1267+42 technology related projects.
12801268 SB 518—LS 7334/DI 125 30
1281-1 the requirements of this section.
1282-2 SECTION 13. IC 20-25.7-5-3, AS AMENDED BY P.L.162-2024,
1283-3 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1284-4 JULY 1, 2025]: Sec. 3. (a) For as long as a charter school remains a
1285-5 participating innovation network charter school:
1286-6 (1) the school corporation may provide transportation for students
1287-7 attending the participating innovation network charter school;
1288-8 (2) the school corporation may maintain and repair the buildings
1289-9 and grounds used by the participating innovation network charter
1290-10 school consistent with the maintenance and repair to the school
1291-11 corporation's other buildings and grounds;
1292-12 (3) the school corporation may enter into an agreement to transfer
1293-13 the ownership of a school corporation facility to the organizer;
1294-14 and
1295-15 (4) the school corporation may not alter the use of the facility
1296-16 occupied by the participating innovation network charter school
1297-17 without agreement from the organizer.
1298-18 (b) If an organizer contracts with a school corporation for goods or
1299-19 services, the school corporation may not charge the organizer more for
1300-20 the goods or services than the school corporation pays for the goods or
1301-21 services. A school corporation may not require an organizer to contract
1302-22 for specific goods or services provided by the school corporation or any
1303-23 other entity.
1304-24 (c) A school corporation and an organizer may negotiate to require
1305-25 specific services with regard to a participating innovation network
1306-26 charter school during the term of an agreement. However, an organizer
1307-27 must be able to select the service provider for the services.
1308-28 (d) For as long as a charter school remains a participating
1309-29 innovation network charter school, the school corporation may
1310-30 distribute money levied as property taxes to the charter school. Property
1311-31 taxes distributed to a charter school must be used only for a purpose for
1312-32 which the property taxes could have been used by the school
1313-33 corporation. Property taxes distributed under this subsection may
1314-34 supplement services and property provided under subsection (a) or (b).
1315-35 The parties may jointly modify an agreement described in section 2 of
1316-36 this chapter to implement this subsection.
1317-37 (e) An agreement concerning the transfer of ownership of a school
1318-38 corporation facility described in subsection (a) is not subject to
1319-39 IC 20-26-7.1.
1320-40 (f) Unless an agreement entered into before July 1, 2024, between
1321-41 a board and an organizer provides otherwise, a school corporation may
1322-42 not charge an organizer an amount for goods and services that is
1269+1 (B) If a charter school wants to use money in the operations
1270+2 fund during the year to pay for any items listed in clause (E)
1271+3 that are considered capital in nature, the charter board must
1272+4 approve a plan following a public hearing. The charter school
1273+5 shall post the proposed plan or proposed amended plan on the
1274+6 charter school's website before the hearing. The charter school
1275+7 shall submit the proposed capital projects plan to the
1276+8 department of local government finance's computer gateway
1277+9 at least ten (10) days before the public hearing. The
1278+10 department of local government finance shall make the
1279+11 proposed plan available at least ten (10) days before the
1280+12 hearing, through the department's computer gateway. If an
1281+13 amendment to a capital projects plan is proposed, the charter
1282+14 board must declare the nature of and need for the amendment
1283+15 in the plan amendment.
1284+16 (C) If a charter board adopts a plan under clause (B), the
1285+17 charter school must then submit the plan to the department of
1286+18 local government finance for inclusion on the department's
1287+19 computer gateway not later than thirty (30) days after adoption
1288+20 of the plan. The department of local government finance shall
1289+21 immediately make the proposed plan available through the
1290+22 gateway website.
1291+23 (D) This clause applies to an amendment to a plan that is
1292+24 required because of an emergency that results in costs that
1293+25 exceed the amount accumulated in the fund for repair,
1294+26 replacement, or site acquisition that is necessitated by an
1295+27 emergency. The charter board is not required to comply with
1296+28 clause (C). If the charter board determines that an emergency
1297+29 exists, the governing body may adopt an amendment to the
1298+30 plan. An amendment to a plan is not subject to the deadline
1299+31 and procedures for adoption of a plan described in this
1300+32 subdivision.
1301+33 (E) This clause sets forth an exclusive list of the expenditures
1302+34 that may be made from the operations fund under clause (B),
1303+35 as set forth in the charter board's plan or amended plan.
1304+36 Subject to the expenditures that are identified in the charter
1305+37 school's plan or amended plan, the operations fund shall be
1306+38 used for the following:
1307+39 (i) Site acquisition.
1308+40 (ii) Site development.
1309+41 (iii) Building acquisition, construction, replacement,
1310+42 renovation, remodeling, improvement, and maintenance,
13231311 SB 518—LS 7334/DI 125 31
1324-1 greater than the amount of the operations fund property tax levy the
1325-2 organizer receives under IC 20-46-8-11.2 or IC 20-46-8-13 for the
1326-3 participating innovation network charter school.
1327-4 SECTION 14. IC 20-26-5-45 IS ADDED TO THE INDIANA
1328-5 CODE AS A NEW SECTION TO READ AS FOLLOWS
1329-6 [EFFECTIVE JULY 1, 2025]: Sec. 45. If a school corporation is
1330-7 authorized by the general assembly to impose any new tax after
1331-8 June 30, 2025, within the school corporation's attendance area, the
1332-9 governing body of the school corporation shall determine a method
1333-10 for the sharing of revenue collected from the imposition of the tax
1334-11 with each charter school that has a student who:
1335-12 (1) resides in the school corporation's attendance area and is
1336-13 included in the current ADM of the charter school; and
1337-14 (2) receives not more than fifty percent (50%) virtual
1338-15 instruction.
1339-16 SECTION 15. IC 20-26-7.1-1, AS AMENDED BY P.L.36-2024,
1340-17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1341-18 MAY 10, 2025 (RETROACTIVE)]: Sec. 1. (a) For purposes of this
1342-19 section, "charter school" does not include a virtual charter school or an
1343-20 adult high school.
1344-21 (b) This chapter does not apply to the following:
1345-22 (1) A school building that since July 1, 2011, is leased or loaned
1346-23 by the school corporation that owns the school building to another
1347-24 entity, if the entity is not a building corporation or other entity that
1348-25 is related in any way to, or created by, the school corporation or
1349-26 the governing body.
1350-27 (2) A school corporation to which all of the following apply:
1351-28 (A) The county auditor distributes revenue after May 10, 2023,
1352-29 as required under IC 20-46-1-21 to each charter school
1353-30 described in IC 20-46-1-21(b). IC 20-46-1-21.
1354-31 (B) If the school corporation listed in IC 20-46-9-22, receives
1355-32 revenue from a school safety referendum tax levy under
1356-33 IC 20-46-9, the county auditor distributes revenue after May
1357-34 10, 2023, as required under IC 20-46-9-22 to each charter
1358-35 school described in IC 20-46-9-22(b). IC 20-46-9-22.
1359-36 The above subdivisions are intended to apply retroactively. No
1360-37 referendums or distributed revenue prior to May 10, 2023, are
1361-38 effective to provide exemption from this chapter.
1362-39 (3) A school corporation to which all of the following apply:
1363-40 (A) The school corporation approves a resolution after May
1364-41 10, 2023, to impose an operating referendum tax levy under
1365-42 IC 20-46-1 after May 10, 2023, that includes sharing the
1312+1 including building materials and employment services.
1313+2 (iv) Rental of real estate, buildings, facilities, and
1314+3 equipment.
1315+4 (v) To repair and replace buildings and to repair and replace
1316+5 building fixtures that are owned or leased by the charter
1317+6 school and of a type constituting loss capable of being
1318+7 covered by casualty insurance.
1319+8 (vi) Purchase, lease, repair, or maintenance of equipment,
1320+9 including maintenance vehicles to be used by the charter
1321+10 school. However, the fund may not be used to pay for the
1322+11 purchase, lease, repair, or maintenance of vehicles that are
1323+12 not maintenance vehicles, or equipment to be used primarily
1324+13 for interscholastic or extracurricular activities.
1325+14 (vii) Service contracts for janitorial and custodial services,
1326+15 maintenance services, snow and ice removal services, trash
1327+16 removal services, mowing and lawn care services, pest
1328+17 control services, and any other routine services normally
1329+18 required in the maintenance or upkeep of charter school
1330+19 facilities.
1331+20 (viii) Repair, replacement, or site acquisition that is
1332+21 necessitated by an emergency.
1333+22 (ix) Construction, repair, replacement, remodeling, or
1334+23 maintenance of a school sports facility.
1335+24 (x) Utilities.
1336+25 (xi) Property and casualty insurance.
1337+26 (xii) Purchase, lease, upgrade, maintenance, or repair
1338+27 technology that will not be allocated to student instruction
1339+28 and learning, to include computer hardware, computer
1340+29 software, wiring and computer networks, and
1341+30 communication access systems used to connect with
1342+31 computer networks or electronic gateways; services of
1343+32 full-time or part-time computer maintenance employees;
1344+33 conducting nonrecurring inservice technology training of
1345+34 school employees; implementing the technology preparation
1346+35 curriculum; participating in a program to provide
1347+36 educational technologies, including computers in the homes
1348+37 of students (commonly referred to as "the buddy system
1349+38 project") under IC 20-20-13-6, the 4R's technology program,
1350+39 or any other program under the educational technology
1351+40 program described in IC 20-20-13; and obtaining any
1352+41 combination of equipment or services in the preceding two
1353+42 (2) categories of this item.
13661354 SB 518—LS 7334/DI 125 32
1367-1 revenue from the referendum tax levy in the amounts
1368-2 described in clause (B) with each charter school that:
1369-3 (i) a student who resides within the attendance area of the
1370-4 school corporation attends; and
1371-5 (ii) elects to participate in the referendum.
1372-6 The above subdivisions are intended to apply retroactively. No
1373-7 resolutions, referendums, or distributed revenue prior to May 10,
1374-8 2023, are effective to provide exemption from this chapter.
1375-9 (B) The amount of referendum tax levy revenue that the school
1376-10 corporation is required to share with each charter school under
1377-11 the resolution described in clause (A) is equal to the amount
1378-12 determined applying the applicable formula under
1379-13 IC 20-46-1-21(d). IC 20-46-1-21.
1380-14 (C) The referendum tax levy described in clause (A) is
1381-15 approved by the voters.
1382-16 (D) The school corporation distributes the amounts described
1383-17 in clause (B) to each charter school described in clause (A).
1384-18 (E) If the school corporation receives revenue from a school
1385-19 safety referendum tax levy under IC 20-46-9, the school
1386-20 corporation shares the revenue from the school safety
1387-21 referendum tax levy with each charter school that:
1388-22 (i) a student who resides within the attendance area of the
1389-23 school corporation attends; and
1390-24 (ii) elects to participate in the referendum;
1391-25 in an amount equal to the amount determined applying the
1392-26 applicable formula under IC 20-46-9-22(d). IC 20-46-9-22.
1393-27 (c) In order for any payment to a charter school to qualify as sharing
1394-28 of proceeds from a referendum for purposes of exemption from
1395-29 IC 20-26-7.1, the referendum must have been passed with prior notice
1396-30 to voters of all amounts of referendum proceeds to be paid to charter
1397-31 schools. Any claim of exemption based on payment of proceeds from
1398-32 a referendum passed without such notice is void.
1399-33 SECTION 16. IC 20-40-2-2, AS AMENDED BY P.L.201-2023,
1400-34 SECTION 181, IS AMENDED TO READ AS FOLLOWS
1401-35 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The governing body of each
1402-36 school corporation shall establish an education fund for the payment of
1403-37 expenses that are allocated to student instruction and learning under
1404-38 IC 20-42.5.
1405-39 (b) The governing body of a charter school that receives a
1406-40 distribution of revenue received from a tax levy under IC 20-46-8-11.2
1407-41 or IC 20-46-8-13 shall establish an education fund for the payment of
1408-42 expenses that are allocated to student instruction and learning under
1355+1 (xiii) Services of charter school employees who perform
1356+2 services considered to be a skilled trade by the United States
1357+3 Department of Labor, Employment and Training
1358+4 Administration. For purposes of this item, skilled trade
1359+5 services do not include janitorial or comparable routine
1360+6 services normally provided in the daily operation of school
1361+7 facilities or equipment. Payment may be made for employee
1362+8 services only if the employees perform construction of,
1363+9 renovation of, remodeling of, repair of, or maintenance on
1364+10 the facilities and equipment of the charter school.
1365+11 (2) Pay transportation costs under the following conditions:
1366+12 (A) A charter school shall use the operations fund to pay the
1367+13 transportation costs attributable to transportation of school
1368+14 children as specified in clause (B).
1369+15 (B) Only the following costs are payable from the fund:
1370+16 (i) Salaries paid to bus drivers, transportation supervisors,
1371+17 mechanics and garage employees, clerks, and other
1372+18 transportation related employees.
1373+19 (ii) Contracted transportation services.
1374+20 (iii) Wages of independent contractors.
1375+21 (iv) Contracts with common carriers.
1376+22 (v) Student fares.
1377+23 (vi) Transportation related insurance.
1378+24 (vii) Other expenses of operating the school corporation's
1379+25 transportation service, including gasoline, lubricants, tires,
1380+26 repairs, contracted repairs, parts, supplies, equipment, and
1381+27 other related expenses.
1382+28 (C) Percentages or parts of salaries of teaching personnel or
1383+29 principals are not attributable to transportation. However, parts
1384+30 of salaries of instructional aides who are assigned to assist
1385+31 with the school transportation program are attributable to
1386+32 transportation. The costs described in this clause (other than
1387+33 instructional aide costs) may not be budgeted for payment or
1388+34 paid from the fund.
1389+35 (D) Costs for a calendar year are those costs attributable to
1390+36 transportation for students during the school year ending in the
1391+37 calendar year.
1392+38 (3) Carry out a school bus replacement plan approved by the
1393+39 charter school board under the following conditions:
1394+40 (A) Before a charter school may use money in the operations
1395+41 fund for replacing school buses, a resolution approving the
1396+42 school bus replacement plan or amended plan must be
14091397 SB 518—LS 7334/DI 125 33
1410-1 IC 20-42.5.
1411-2 SECTION 17. IC 20-40-3-5, AS AMENDED BY P.L.189-2023,
1412-3 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1413-4 MAY 10, 2025 (RETROACTIVE)]: Sec. 5. (a) Money in the fund may
1414-5 be used for any lawful school expenses, including making a transfer to
1415-6 the school corporation's education fund (IC 20-40-2) or operations fund
1416-7 (IC 20-40-18).
1417-8 (b) Except as provided in IC 20-46-1-21, a school corporation may
1418-9 distribute proceeds of a tax levy collected under IC 20-46-1 that is
1419-10 transferred to the school corporation's education fund to a charter
1420-11 school, excluding a virtual charter school, that is located within the
1421-12 attendance area of the school corporation.
1422-13 SECTION 18. IC 20-40-18-1, AS AMENDED BY P.L.201-2023,
1423-14 SECTION 185, IS AMENDED TO READ AS FOLLOWS
1424-15 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The governing body of each
1425-16 school corporation shall create an operations fund to be used by the
1426-17 school corporation after December 31, 2018.
1427-18 (b) The governing body of each charter school that receives a
1428-19 distribution of revenue received from a tax levy under IC 20-46-7-17,
1429-20 IC 20-46-8-11.2, or IC 20-46-8-13 shall create an operations fund to
1430-21 be used by the charter school after December 31, 2024.
1431-22 SECTION 19. IC 20-40-18-2, AS AMENDED BY P.L.201-2023,
1432-23 SECTION 186, IS AMENDED TO READ AS FOLLOWS
1433-24 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The operations fund shall be
1434-25 used to deposit the following after December 31, 2018, in the case of
1435-26 a school corporation:
1436-27 (1) Revenue from the school corporation's operations fund
1437-28 property tax levy under IC 20-46-8.
1438-29 (2) The sum of the following excise tax revenue received for
1439-30 deposit in the fund in the calendar year in which the school year
1440-31 begins:
1441-32 (A) Financial institutions excise tax (IC 6-5.5).
1442-33 (B) Motor vehicle excise taxes (IC 6-6-5).
1443-34 (C) Commercial vehicle excise taxes (IC 6-6-5.5).
1444-35 (D) Boat excise tax (IC 6-6-11).
1445-36 (E) Aircraft license excise tax (IC 6-6-6.5).
1446-37 (3) Transfers from the education fund (IC 20-40-2) or the
1447-38 operating referendum tax levy fund (IC 20-40-3), if any.
1448-39 (4) Allocations of local income taxes to the school corporation
1449-40 under IC 6-3.6-6, if any.
1450-41 (b) In the case of a charter school, the operations fund shall be
1451-42 used to deposit amounts distributed to the charter school under
1398+1 submitted to the department of local government finance.
1399+2 (B) The department of local government finance shall
1400+3 prescribe the format of the plan. A plan must apply to at least
1401+4 the five (5) budget years immediately following the year the
1402+5 plan is adopted and include at least an estimate for each year
1403+6 to which it applies of the nature and amount of proposed
1404+7 expenditures from the fund, and if the school corporation is
1405+8 seeking to acquire or contract for transportation services that
1406+9 will provide additional school buses or school buses with a
1407+10 larger seating capacity as compared with the number and type
1408+11 of school buses from the prior school year, evidence of a
1409+12 demand for increased transportation services within the school
1410+13 corporation. However, the evidence requirement regarding a
1411+14 contract for transportation services does not apply if contracted
1412+15 transportation services are not paid from the fund.
1413+16 (C) If the charter school is seeking to require a contractor to
1414+17 replace a school bus, evidence that the need exists for the
1415+18 replacement of the school bus. This clause does not apply if
1416+19 contracted transportation services are not paid from the
1417+20 operations fund.
1418+21 (D) Evidence that the charter school that seeks to acquire
1419+22 additional school buses under this subdivision is acquiring or
1420+23 contracting for the school buses only for the purposes
1421+24 specified in clause (B) or for replacement purposes.
1422+25 (E) If a charter school wants to use money in the operations
1423+26 fund during the year to pay for school bus replacement, the
1424+27 governing body must adopt a resolution approving the bus
1425+28 replacement plan or amended plan. The charter school shall
1426+29 post the proposed plan or proposed amended plan on the
1427+30 charter school's website before the hearing. The governing
1428+31 body must hold a hearing on the adoption of the plan. The
1429+32 charter school shall submit the proposed school bus
1430+33 replacement plan or amended plan to the department of local
1431+34 government finance's computer gateway at least ten (10) days
1432+35 before the hearing on the adoption of the plan. The department
1433+36 of local government finance shall make the proposed plan
1434+37 available to taxpayers, at least ten (10) days before the hearing,
1435+38 through the department's computer gateway. If an amendment
1436+39 to a bus replacement plan is being proposed, the charter school
1437+40 must declare the nature of and the need for the amendment in
1438+41 the resolution to adopt the amendment to the plan.
1439+42 (4) Pay expenses that are allocated to overhead and operational
14521440 SB 518—LS 7334/DI 125 34
1453-1 IC 20-46-7-17, IC 20-46-8-11.2, or IC 20-46-8-13 after December 31,
1454-2 2024.
1455-3 SECTION 20. IC 20-40-18-10.5, AS ADDED BY P.L.201-2023,
1456-4 SECTION 187, IS AMENDED TO READ AS FOLLOWS
1457-5 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. (a) This section applies only
1458-6 to eligible charter schools that receive amounts distributed under
1459-7 IC 20-46-7-17, IC 20-46-8-11.2, or IC 20-46-8-13.
1460-8 (b) For purposes of this section, "charter board" means the
1461-9 governing body of the organizer (as defined in IC 20-24-1-7) of an
1462-10 eligible charter school.
1463-11 (c) The operations fund may be used only to do the following:
1464-12 (1) Carry out a capital projects plan under the following
1465-13 conditions:
1466-14 (A) The plan must include all proposed expenditures that
1467-15 exceed ten thousand dollars ($10,000) and are for:
1468-16 (i) capital assets; or
1469-17 (ii) projects that are considered capital in nature, including
1470-18 technology related projects.
1471-19 (B) If a charter school wants to use money in the operations
1472-20 fund during the year to pay for any items listed in clause (E)
1473-21 that are considered capital in nature, the charter board must
1474-22 approve a plan following a public hearing. The charter school
1475-23 shall post the proposed plan or proposed amended plan on the
1476-24 charter school's website before the hearing. The charter school
1477-25 shall submit the proposed capital projects plan to the
1478-26 department of local government finance's computer gateway
1479-27 at least ten (10) days before the public hearing. The
1480-28 department of local government finance shall make the
1481-29 proposed plan available at least ten (10) days before the
1482-30 hearing, through the department's computer gateway. If an
1483-31 amendment to a capital projects plan is proposed, the charter
1484-32 board must declare the nature of and need for the amendment
1485-33 in the plan amendment.
1486-34 (C) If a charter board adopts a plan under clause (B), the
1487-35 charter school must then submit the plan to the department of
1488-36 local government finance for inclusion on the department's
1489-37 computer gateway not later than thirty (30) days after adoption
1490-38 of the plan. The department of local government finance shall
1491-39 immediately make the proposed plan available through the
1492-40 gateway website.
1493-41 (D) This clause applies to an amendment to a plan that is
1494-42 required because of an emergency that results in costs that
1441+1 expenditures.
1442+2 (5) Establish, maintain, and equip a public playground.
1443+3 SECTION 18. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
1444+4 SECTION 25, AND AS AMENDED BY P.L.36-2024, SECTION 10,
1445+5 AND AS AMENDED BY P.L.104-2024, SECTION 51, AND AS
1446+6 AMENDED BY THE TECHNICAL CORRECTIONS BILL OF THE
1447+7 2025 GENERAL ASSEMBLY, IS CORRECTED AND AMENDED
1448+8 TO READ AS FOLLOWS [EFFECTIVE MAY 10, 2025
1449+9 (RETROACTIVE)]: Sec. 8. (a) Subject to subsections (e), (f), and (g)
1450+10 (b), (e), and (f) and this chapter, the governing body of a school
1451+11 corporation may adopt a resolution to place a referendum under this
1452+12 chapter on the ballot for any of the following purposes:
1453+13 (1) The governing body of the school corporation determines that
1454+14 it cannot, in a calendar year, carry out its public educational duty
1455+15 unless it imposes a referendum tax levy under this chapter.
1456+16 (2) The governing body of the school corporation determines that
1457+17 a referendum tax levy under this chapter should be imposed to
1458+18 replace property tax revenue that the school corporation will not
1459+19 receive because of the application of the credit under
1460+20 IC 6-1.1-20.6.
1461+21 (3) Except for resolutions described in subsection (b), the
1462+22 governing body makes the determination required under
1463+23 subdivision (1) or (2) and determines to share a portion of the
1464+24 referendum proceeds with a charter school, excluding a virtual
1465+25 charter school, in the manner prescribed in subsection (e).
1466+26 (b) A resolution for a referendum for a county described in section
1467+27 21 of this chapter that is adopted after May 10, 2023, shall specify that
1468+28 a portion of the proceeds collected from the proposed levy will be
1469+29 distributed to applicable charter schools in the manner described under
1470+30 section 21 of this chapter.
1471+31 (c) The governing body of the school corporation shall certify a
1472+32 copy of the resolution to place a referendum on the ballot to the
1473+33 following:
1474+34 (1) The department of local government finance, including:
1475+35 (A) the language for the question required by section 10 of this
1476+36 chapter, or in the case of a resolution to extend a referendum
1477+37 levy certified to the department of local government finance
1478+38 after March 15, 2016, section 10.1 of this chapter; and
1479+39 (B) a copy of the revenue spending plan adopted under
1480+40 subsection (g). (f).
1481+41 The language of the public question must include the estimated
1482+42 average percentage increases certified by the county auditor under
14951483 SB 518—LS 7334/DI 125 35
1496-1 exceed the amount accumulated in the fund for repair,
1497-2 replacement, or site acquisition that is necessitated by an
1498-3 emergency. The charter board is not required to comply with
1499-4 clause (C). If the charter board determines that an emergency
1500-5 exists, the governing body may adopt an amendment to the
1501-6 plan. An amendment to a plan is not subject to the deadline
1502-7 and procedures for adoption of a plan described in this
1503-8 subdivision.
1504-9 (E) This clause sets forth an exclusive list of the expenditures
1505-10 that may be made from the operations fund under clause (B),
1506-11 as set forth in the charter board's plan or amended plan.
1507-12 Subject to the expenditures that are identified in the charter
1508-13 school's plan or amended plan, the operations fund shall be
1509-14 used for the following:
1510-15 (i) Site acquisition.
1511-16 (ii) Site development.
1512-17 (iii) Building acquisition, construction, replacement,
1513-18 renovation, remodeling, improvement, and maintenance,
1514-19 including building materials and employment services.
1515-20 (iv) Rental of real estate, buildings, facilities, and
1516-21 equipment.
1517-22 (v) To repair and replace buildings and to repair and replace
1518-23 building fixtures that are owned or leased by the charter
1519-24 school and of a type constituting loss capable of being
1520-25 covered by casualty insurance.
1521-26 (vi) Purchase, lease, repair, or maintenance of equipment,
1522-27 including maintenance vehicles to be used by the charter
1523-28 school. However, the fund may not be used to pay for the
1524-29 purchase, lease, repair, or maintenance of vehicles that are
1525-30 not maintenance vehicles, or equipment to be used primarily
1526-31 for interscholastic or extracurricular activities.
1527-32 (vii) Service contracts for janitorial and custodial services,
1528-33 maintenance services, snow and ice removal services, trash
1529-34 removal services, mowing and lawn care services, pest
1530-35 control services, and any other routine services normally
1531-36 required in the maintenance or upkeep of charter school
1532-37 facilities.
1533-38 (viii) Repair, replacement, or site acquisition that is
1534-39 necessitated by an emergency.
1535-40 (ix) Construction, repair, replacement, remodeling, or
1536-41 maintenance of a school sports facility.
1537-42 (x) Utilities.
1484+1 section 10(e) or 10.1(f) of this chapter, as applicable. The
1485+2 governing body of the school corporation shall also provide the
1486+3 county auditor's certification described in section 10(e) or 10.1(f)
1487+4 of this chapter, as applicable. The department of local government
1488+5 finance shall post the values certified by the county auditor to the
1489+6 department's website. The department shall review the language
1490+7 for compliance with section 10 or 10.1 of this chapter, whichever
1491+8 is applicable, and either approve or reject the language. The
1492+9 department shall send its decision to the governing body of the
1493+10 school corporation not more than ten (10) days after both the
1494+11 certification of the county auditor described in section 10(e) or
1495+12 10.1(f) of this chapter, as applicable, and the resolution is are
1496+13 submitted to the department. If the language is approved, the
1497+14 governing body of the school corporation shall certify a copy of
1498+15 the resolution, including the language for the question and the
1499+16 department's approval.
1500+17 (2) The county fiscal body of each county in which the school
1501+18 corporation is located (for informational purposes only).
1502+19 (3) The circuit court clerk of each county in which the school
1503+20 corporation is located.
1504+21 (d) If a school safety referendum tax levy under IC 20-46-9 has been
1505+22 approved by the voters in a school corporation at any time in the
1506+23 previous three (3) years, the school corporation may not:
1507+24 (1) adopt a resolution to place a referendum under this chapter on
1508+25 the ballot; or
1509+26 (2) otherwise place a referendum under this chapter on the ballot.
1510+27 (e) Except as provided in section 21 of this chapter, the resolution
1511+28 described in subsection (a) must indicate whether proceeds in the
1512+29 school corporation's education fund collected from a tax levy under this
1513+30 chapter will be used to provide a distribution to a charter school or
1514+31 charter schools, excluding a virtual charter school, under IC 20-40-3-5
1515+32 as well as the amount that will be distributed to the particular charter
1516+33 school or charter schools. A school corporation may request from the
1517+34 designated charter school or charter schools any financial
1518+35 documentation necessary to demonstrate the financial need of the
1519+36 charter school or charter schools. Distribution to a charter school of
1520+37 proceeds from a referendum held before May 10, 2023, does not
1521+38 provide exemption from this chapter.
1522+39 (f) (e) This subsection applies to a resolution described in
1523+40 subsection (a) for a county described in section 21(a) section 21 of this
1524+41 chapter that is adopted after May 10, 2023. The resolution described in
1525+42 subsection (a) shall include a projection of the amount that the school
15381526 SB 518—LS 7334/DI 125 36
1539-1 (xi) Property and casualty insurance.
1540-2 (xii) Purchase, lease, upgrade, maintenance, or repair
1541-3 technology that will not be allocated to student instruction
1542-4 and learning, to include computer hardware, computer
1543-5 software, wiring and computer networks, and
1544-6 communication access systems used to connect with
1545-7 computer networks or electronic gateways; services of
1546-8 full-time or part-time computer maintenance employees;
1547-9 conducting nonrecurring inservice technology training of
1548-10 school employees; implementing the technology preparation
1549-11 curriculum; participating in a program to provide
1550-12 educational technologies, including computers in the homes
1551-13 of students (commonly referred to as "the buddy system
1552-14 project") under IC 20-20-13-6, the 4R's technology program,
1553-15 or any other program under the educational technology
1554-16 program described in IC 20-20-13; and obtaining any
1555-17 combination of equipment or services in the preceding two
1556-18 (2) categories of this item.
1557-19 (xiii) Services of charter school employees who perform
1558-20 services considered to be a skilled trade by the United States
1559-21 Department of Labor, Employment and Training
1560-22 Administration. For purposes of this item, skilled trade
1561-23 services do not include janitorial or comparable routine
1562-24 services normally provided in the daily operation of school
1563-25 facilities or equipment. Payment may be made for employee
1564-26 services only if the employees perform construction of,
1565-27 renovation of, remodeling of, repair of, or maintenance on
1566-28 the facilities and equipment of the charter school.
1567-29 (2) Pay transportation costs under the following conditions:
1568-30 (A) A charter school shall use the operations fund to pay the
1569-31 transportation costs attributable to transportation of school
1570-32 children as specified in clause (B).
1571-33 (B) Only the following costs are payable from the fund:
1572-34 (i) Salaries paid to bus drivers, transportation supervisors,
1573-35 mechanics and garage employees, clerks, and other
1574-36 transportation related employees.
1575-37 (ii) Contracted transportation services.
1576-38 (iii) Wages of independent contractors.
1577-39 (iv) Contracts with common carriers.
1578-40 (v) Student fares.
1579-41 (vi) Transportation related insurance.
1580-42 (vii) Other expenses of operating the school corporation's
1527+1 corporation expects to be distributed to a particular charter school,
1528+2 excluding virtual charter schools or adult high schools, under section
1529+3 21 of this chapter if unless the charter school voluntarily elects to not
1530+4 participate in the referendum in the manner described in subsection (i).
1531+5 (h). At least sixty (60) days before the resolution described in
1532+6 subsection (a) is voted on by the governing body, the school
1533+7 corporation shall contact the department to determine the number of
1534+8 students in kindergarten through grade 12:
1535+9 (1) who have legal settlement in the school corporation but attend
1536+10 a charter school, excluding virtual charter schools or adult high
1537+11 schools; and
1538+12 (2) who receive not more than fifty percent (50%) virtual
1539+13 instruction.
1540+14 Not later than fifty (50) days before the resolution is voted on by
1541+15 the governing body, the department shall provide the school
1542+16 corporation with the number of students with legal settlement in the
1543+17 school corporation who attend a charter school and who receive not
1544+18 more than fifty percent (50%) virtual instruction, which shall be
1545+19 disaggregated for each particular charter school, excluding a virtual
1546+20 charter school or adult high school. The projection may include an
1547+21 expected increase in charter schools during the term the levy is
1548+22 imposed under this chapter. The department of local government
1549+23 finance shall prescribe the manner in which the projection shall be
1550+24 calculated. The governing body shall take into consideration the
1551+25 projection when adopting the revenue spending plan under subsection
1552+26 (g). (f).
1553+27 (g) (f) As part of the resolution described in subsection (a), the
1554+28 governing body of the school corporation shall adopt a revenue
1555+29 spending plan for the proposed referendum tax levy that includes:
1556+30 (1) an estimate of the amount of annual revenue expected to be
1557+31 collected if a levy is imposed under this chapter;
1558+32 (2) the specific purposes for which the revenue collected from a
1559+33 levy imposed under this chapter will be used;
1560+34 (3) an estimate of the annual dollar amounts that will be expended
1561+35 for each purpose described in subdivision (2); and
1562+36 (4) for a resolution for a referendum that is adopted after May 10,
1563+37 2023, for a county as described in section 21(a) 21 of this chapter,
1564+38 the projected revenue that shall be distributed to charter schools
1565+39 as provided in subsections (f) and (i). subsections (e) and (h).
1566+40 The revenue spending plan shall also take into consideration
1567+41 deviations in the proposed revenue spending plan if the actual
1568+42 charter school distributions exceed or are lower than the projected
15811569 SB 518—LS 7334/DI 125 37
1582-1 transportation service, including gasoline, lubricants, tires,
1583-2 repairs, contracted repairs, parts, supplies, equipment, and
1584-3 other related expenses.
1585-4 (C) Percentages or parts of salaries of teaching personnel or
1586-5 principals are not attributable to transportation. However, parts
1587-6 of salaries of instructional aides who are assigned to assist
1588-7 with the school transportation program are attributable to
1589-8 transportation. The costs described in this clause (other than
1590-9 instructional aide costs) may not be budgeted for payment or
1591-10 paid from the fund.
1592-11 (D) Costs for a calendar year are those costs attributable to
1593-12 transportation for students during the school year ending in the
1594-13 calendar year.
1595-14 (3) Carry out a school bus replacement plan approved by the
1596-15 charter school board under the following conditions:
1597-16 (A) Before a charter school may use money in the operations
1598-17 fund for replacing school buses, a resolution approving the
1599-18 school bus replacement plan or amended plan must be
1600-19 submitted to the department of local government finance.
1601-20 (B) The department of local government finance shall
1602-21 prescribe the format of the plan. A plan must apply to at least
1603-22 the five (5) budget years immediately following the year the
1604-23 plan is adopted and include at least an estimate for each year
1605-24 to which it applies of the nature and amount of proposed
1606-25 expenditures from the fund, and if the school corporation is
1607-26 seeking to acquire or contract for transportation services that
1608-27 will provide additional school buses or school buses with a
1609-28 larger seating capacity as compared with the number and type
1610-29 of school buses from the prior school year, evidence of a
1611-30 demand for increased transportation services within the school
1612-31 corporation. However, the evidence requirement regarding a
1613-32 contract for transportation services does not apply if contracted
1614-33 transportation services are not paid from the fund.
1615-34 (C) If the charter school is seeking to require a contractor to
1616-35 replace a school bus, evidence that the need exists for the
1617-36 replacement of the school bus. This clause does not apply if
1618-37 contracted transportation services are not paid from the
1619-38 operations fund.
1620-39 (D) Evidence that the charter school that seeks to acquire
1621-40 additional school buses under this subdivision is acquiring or
1622-41 contracting for the school buses only for the purposes
1623-42 specified in clause (B) or for replacement purposes.
1570+1 charter school distributions described in subsection (f). (e). The
1571+2 resolution shall include for each charter school that elects to
1572+3 participate under subsection (i) (h) information described in
1573+4 subdivisions (1) through (3).
1574+5 (h) (g) A school corporation shall specify in its proposed budget the
1575+6 school corporation's revenue spending plan adopted under subsection
1576+7 (g) (f) and annually present the revenue spending plan at its public
1577+8 hearing on the proposed budget under IC 6-1.1-17-3.
1578+9 (i) (h) This subsection applies to a resolution described in
1579+10 subsection (a) for a county described in section 21(a) section 21 of this
1580+11 chapter that is adopted after May 10, 2023. At least forty-five (45) days
1581+12 before the resolution described in subsection (a) is voted on by the
1582+13 governing body, the school corporation shall contact each charter
1583+14 school, excluding virtual charter schools or adult high schools,
1584+15 disclosed by the department to the school corporation under subsection
1585+16 (f) (e) to determine whether the charter school will elect to not
1586+17 participate in the referendum. The notice must include the total amount
1587+18 of the school corporation's expected need, the corresponding estimate
1588+19 for that amount divided by the number of students enrolled in the
1589+20 school corporation, and the date on which the governing body of the
1590+21 school corporation will vote on the resolution. The charter school must
1591+22 respond in writing to the school corporation, which may be by
1592+23 electronic mail addressed to the superintendent of the school
1593+24 corporation, at least fifteen (15) thirty (30) days prior to the date that
1594+25 the resolution described in subsection (a) is to be voted on by the
1595+26 governing body. If the charter school elects to not participate in the
1596+27 referendum, the school corporation may exclude distributions to the
1597+28 charter school under section 21 of this chapter and from the projection
1598+29 described in subsection (f). (e). If the a charter school will elects to
1599+30 participate in the referendum, the charter school may receive
1600+31 distributions under section 21 of this chapter and must be included in
1601+32 the projection described in subsection (f). In addition, a charter school
1602+33 that elects to will participate in the referendum under this subsection
1603+34 shall contribute a proportionate share of the cost to conduct the
1604+35 referendum based on the total combined ADM of the school
1605+36 corporation and any participating charter schools.
1606+37 (j) (i) This subsection applies to a resolution described in subsection
1607+38 (a) for a county described in section 21(a) section 21 of this chapter
1608+39 that is adopted after May 10, 2023. At least thirty (30) days before the
1609+40 resolution described in subsection (a) referendum submitted to the
1610+41 voters under this chapter is voted on by the governing body, public in
1611+42 a primary or general election, the school corporation that is pursuing
16241612 SB 518—LS 7334/DI 125 38
1625-1 (E) If a charter school wants to use money in the operations
1626-2 fund during the year to pay for school bus replacement, the
1627-3 governing body must adopt a resolution approving the bus
1628-4 replacement plan or amended plan. The charter school shall
1629-5 post the proposed plan or proposed amended plan on the
1630-6 charter school's website before the hearing. The governing
1631-7 body must hold a hearing on the adoption of the plan. The
1632-8 charter school shall submit the proposed school bus
1633-9 replacement plan or amended plan to the department of local
1634-10 government finance's computer gateway at least ten (10) days
1635-11 before the hearing on the adoption of the plan. The department
1636-12 of local government finance shall make the proposed plan
1637-13 available to taxpayers, at least ten (10) days before the hearing,
1638-14 through the department's computer gateway. If an amendment
1639-15 to a bus replacement plan is being proposed, the charter school
1640-16 must declare the nature of and the need for the amendment in
1641-17 the resolution to adopt the amendment to the plan.
1642-18 (4) Pay expenses that are allocated to overhead and operational
1643-19 expenditures.
1644-20 (5) Establish, maintain, and equip a public playground.
1645-21 SECTION 21. IC 20-46-1-8, AS AMENDED BY P.L.162-2024,
1646-22 SECTION 25, AND AS AMENDED BY P.L.36-2024, SECTION 10,
1647-23 AND AS AMENDED BY P.L.104-2024, SECTION 51, AND AS
1648-24 AMENDED BY THE TECHNICAL CORRECTIONS BILL OF THE
1649-25 2025 GENERAL ASSEMBLY, IS CORRECTED AND AMENDED
1650-26 TO READ AS FOLLOWS [EFFECTIVE MAY 10, 2025
1651-27 (RETROACTIVE)]: Sec. 8. (a) Subject to subsections (e), (f), and (g)
1652-28 (b), (e), and (f) and this chapter, the governing body of a school
1653-29 corporation may adopt a resolution to place a referendum under this
1654-30 chapter on the ballot for any of the following purposes:
1655-31 (1) The governing body of the school corporation determines that
1656-32 it cannot, in a calendar year, carry out its public educational duty
1657-33 unless it imposes a referendum tax levy under this chapter.
1658-34 (2) The governing body of the school corporation determines that
1659-35 a referendum tax levy under this chapter should be imposed to
1660-36 replace property tax revenue that the school corporation will not
1661-37 receive because of the application of the credit under
1662-38 IC 6-1.1-20.6.
1663-39 (3) Except for resolutions described in subsection (b), the
1664-40 governing body makes the determination required under
1665-41 subdivision (1) or (2) and determines to share a portion of the
1666-42 referendum proceeds with a charter school, excluding a virtual
1613+1 the resolution referendum and any charter school that has elected to
1614+2 will participate under subsection (i) (h) shall post a referendum
1615+3 disclosure statement on each school's respective website that contains
1616+4 the following information:
1617+5 (1) The salaries of all employees employed by position within the
1618+6 school corporation or charter school listed from highest salary to
1619+7 lowest salary and a link to Gateway Indiana for access to
1620+8 individual salaries.
1621+9 (2) An acknowledgment that the school corporation or charter
1622+10 school is not committing any crime described in IC 35-44.1-1.
1623+11 (3) A link to the school corporation's or charter school's most
1624+12 recent state board of accounts audit on the state board of accounts'
1625+13 website.
1626+14 (4) The current enrollment of the school corporation or charter
1627+15 school disaggregated by student group and race.
1628+16 (5) The school corporation's or charter school's high school
1629+17 graduation rate.
1630+18 (6) The school corporation's or charter school's annual retention
1631+19 rate for teachers for the previous five (5) years.
1632+20 (j) Not later than May 20, 2025, the department of local
1633+21 government finance shall prescribe the manner in which a
1634+22 projection described in subsection (e) shall be calculated.
1635+23 SECTION 19. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
1636+24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1637+25 MAY 10, 2025 (RETROACTIVE)]: Sec. 8.5. (a) A resolution to extend
1638+26 a referendum levy must be:
1639+27 (1) adopted by the governing body of a school corporation; and
1640+28 (2) approved in a referendum under this chapter;
1641+29 before December 31 of the final calendar year in which the school
1642+30 corporation's previously approved referendum levy is imposed under
1643+31 this chapter.
1644+32 (b) For a resolution adopted under this section:
1645+33 (1) after May 10, 2023, and before May 11, 2025, for a county
1646+34 described in section 21(a) of this chapter; and
1647+35 (2) after May 10, 2025, for all counties, as described in section
1648+36 21(b) of this chapter;
1649+37 the resolution must include the projected charter school distributions
1650+38 described in section 8(f) 8(e) of this chapter and indicate the
1651+39 distributions to applicable charter schools in accordance with section
1652+40 21 of this chapter.
1653+41 SECTION 20. IC 20-46-1-21, AS ADDED BY P.L.189-2023,
1654+42 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16671655 SB 518—LS 7334/DI 125 39
1668-1 charter school, in the manner prescribed in subsection (e).
1669-2 (b) A resolution for a referendum for a county described in section
1670-3 21 of this chapter that is adopted after May 10, 2023, shall specify that
1671-4 a portion of the proceeds collected from the proposed levy will be
1672-5 distributed to applicable charter schools in the manner described under
1673-6 section 21 of this chapter.
1674-7 (c) The governing body of the school corporation shall certify a
1675-8 copy of the resolution to place a referendum on the ballot to the
1676-9 following:
1677-10 (1) The department of local government finance, including:
1678-11 (A) the language for the question required by section 10 of this
1679-12 chapter, or in the case of a resolution to extend a referendum
1680-13 levy certified to the department of local government finance
1681-14 after March 15, 2016, section 10.1 of this chapter; and
1682-15 (B) a copy of the revenue spending plan adopted under
1683-16 subsection (g). (f).
1684-17 The language of the public question must include the estimated
1685-18 average percentage increases certified by the county auditor under
1686-19 section 10(e) or 10.1(f) of this chapter, as applicable. The
1687-20 governing body of the school corporation shall also provide the
1688-21 county auditor's certification described in section 10(e) or 10.1(f)
1689-22 of this chapter, as applicable. The department of local government
1690-23 finance shall post the values certified by the county auditor to the
1691-24 department's website. The department shall review the language
1692-25 for compliance with section 10 or 10.1 of this chapter, whichever
1693-26 is applicable, and either approve or reject the language. The
1694-27 department shall send its decision to the governing body of the
1695-28 school corporation not more than ten (10) days after both the
1696-29 certification of the county auditor described in section 10(e) or
1697-30 10.1(f) of this chapter, as applicable, and the resolution is are
1698-31 submitted to the department. If the language is approved, the
1699-32 governing body of the school corporation shall certify a copy of
1700-33 the resolution, including the language for the question and the
1701-34 department's approval.
1702-35 (2) The county fiscal body of each county in which the school
1703-36 corporation is located (for informational purposes only).
1704-37 (3) The circuit court clerk of each county in which the school
1705-38 corporation is located.
1706-39 (d) If a school safety referendum tax levy under IC 20-46-9 has been
1707-40 approved by the voters in a school corporation at any time in the
1708-41 previous three (3) years, the school corporation may not:
1709-42 (1) adopt a resolution to place a referendum under this chapter on
1656+1 MAY 10, 2025 (RETROACTIVE)]: Sec. 21. (a) This section applies
1657+2 to revenue received from a resolution that is approved by the governing
1658+3 body to impose a referendum levy under section 8 or 8.5 of this chapter
1659+4 after May 10, 2023, and before May 11, 2025, for a school corporation
1660+5 located in:
1661+6 (1) Lake County;
1662+7 (2) Marion County;
1663+8 (3) St. Joseph County; or
1664+9 (4) Vanderburgh County.
1665+10 (b) This section applies to revenue received from a resolution
1666+11 that is approved by the governing body after May 10, 2025, to
1667+12 impose a referendum levy under section 8 or 8.5 of this chapter for
1668+13 a school corporation. However, this section does not apply to a
1669+14 school corporation for which less than one hundred (100) students
1670+15 who have legal settlement in the school corporation attend a
1671+16 charter school.
1672+17 (b) (c) The county auditor in which the school corporation is located
1673+18 shall distribute an amount under subsection (d) (e) to each charter
1674+19 school, excluding virtual charter schools or adult high schools, that a
1675+20 student who resides within the attendance area of the school
1676+21 corporation attends if unless the charter school elects to not participate
1677+22 in the referendum under section 8(i) 8(h) of this chapter. The
1678+23 department shall provide the county auditor with data and information
1679+24 necessary for the county auditor to determine:
1680+25 (1) which charter schools are eligible to receive a distribution
1681+26 under this section; and
1682+27 (2) the number of students who:
1683+28 (A) reside within the attendance area of the school corporation
1684+29 who are included in the ADM for each charter school,
1685+30 excluding virtual charter schools or adult high schools,
1686+31 described in subdivision (1); and
1687+32 (B) receive not more than fifty percent (50%) virtual
1688+33 instruction.
1689+34 (c) (d) The following schools are not eligible to receive a
1690+35 distribution under this section:
1691+36 (1) A virtual charter school.
1692+37 (2) An adult high school.
1693+38 (d) (e) This subsection applies only for distributions of revenue
1694+39 received from a resolution that is approved by the governing body
1695+40 after May 10, 2023, and before May 11, 2025, to impose a
1696+41 referendum levy under section 8 or 8.5 of this chapter for a school
1697+42 corporation described in subsection (a). For the purposes of the
17101698 SB 518—LS 7334/DI 125 40
1711-1 the ballot; or
1712-2 (2) otherwise place a referendum under this chapter on the ballot.
1713-3 (e) Except as provided in section 21 of this chapter, the resolution
1714-4 described in subsection (a) must indicate whether proceeds in the
1715-5 school corporation's education fund collected from a tax levy under this
1716-6 chapter will be used to provide a distribution to a charter school or
1717-7 charter schools, excluding a virtual charter school, under IC 20-40-3-5
1718-8 as well as the amount that will be distributed to the particular charter
1719-9 school or charter schools. A school corporation may request from the
1720-10 designated charter school or charter schools any financial
1721-11 documentation necessary to demonstrate the financial need of the
1722-12 charter school or charter schools. Distribution to a charter school of
1723-13 proceeds from a referendum held before May 10, 2023, does not
1724-14 provide exemption from this chapter.
1725-15 (f) (e) This subsection applies to a resolution described in
1726-16 subsection (a) for a county described in section 21(a) section 21 of this
1727-17 chapter that is adopted after May 10, 2023. The resolution described in
1728-18 subsection (a) shall include a projection of the amount that the school
1729-19 corporation expects to be distributed to a particular charter school,
1730-20 excluding virtual charter schools or adult high schools, under section
1731-21 21 of this chapter if unless the charter school voluntarily elects to not
1732-22 participate in the referendum in the manner described in subsection (i).
1733-23 (h). At least sixty (60) days before the resolution described in
1734-24 subsection (a) is voted on by the governing body, the school
1735-25 corporation shall contact the department to determine the number of
1736-26 students in kindergarten through grade 12:
1737-27 (1) who have legal settlement in the school corporation but attend
1738-28 a charter school, excluding virtual charter schools or adult high
1739-29 schools; and
1740-30 (2) who receive not more than fifty percent (50%) virtual
1741-31 instruction.
1742-32 Not later than fifty (50) days before the resolution is voted on by
1743-33 the governing body, the department shall provide the school
1744-34 corporation with the number of students with legal settlement in the
1745-35 school corporation who attend a charter school and who receive not
1746-36 more than fifty percent (50%) virtual instruction, which shall be
1747-37 disaggregated for each particular charter school, excluding a virtual
1748-38 charter school or adult high school. The projection may include an
1749-39 expected increase in charter schools during the term the levy is
1750-40 imposed under this chapter. The department of local government
1751-41 finance shall prescribe the manner in which the projection shall be
1752-42 calculated. The governing body shall take into consideration the
1699+1 calculations made in this subsection, each eligible school that has
1700+2 entered into an agreement with a school corporation to participate as a
1701+3 participating innovation network charter school under IC 20-25.7-5 is
1702+4 considered to have an ADM that is separate from the school
1703+5 corporation. The amount that the county auditor shall distribute to a
1704+6 charter school, excluding virtual charter schools or adult high schools,
1705+7 under this section is the amount determined in the last STEP of the
1706+8 following STEPS:
1707+9 STEP ONE: Determine, for each charter school, excluding virtual
1708+10 charter schools or adult high schools, that is eligible to receive a
1709+11 distribution under this section, the number of students who reside
1710+12 within the attendance area of the school corporation who are
1711+13 currently included in the ADM of the charter school.
1712+14 STEP TWO: Determine the sum of:
1713+15 (A) the current ADM count for the school corporation; plus
1714+16 (B) total number of all students who reside within the
1715+17 attendance area of the school corporation who are currently
1716+18 included in the ADM of a charter school, excluding virtual
1717+19 charter schools or adult high schools.
1718+20 STEP THREE: Determine the result of:
1719+21 (A) the STEP ONE amount; divided by
1720+22 (B) the STEP TWO amount.
1721+23 STEP FOUR: Determine the result of:
1722+24 (A) the STEP THREE amount; multiplied by
1723+25 (B) the amount collected by the county auditor during the most
1724+26 recent installment period.
1725+27 (f) This subsection applies only for distributions of revenue
1726+28 received from a resolution that is approved by the governing body
1727+29 after May 10, 2025, to impose a referendum levy under section 8 or
1728+30 8.5 of this chapter for a school corporation. For purposes of the
1729+31 calculations made in this subsection, each eligible school that has
1730+32 entered into an agreement with a school corporation to participate
1731+33 as a participating innovation network charter school under
1732+34 IC 20-25.7-5 is considered to have an ADM that is separate from
1733+35 the school corporation. The amount that the county auditor shall
1734+36 distribute to a charter school, excluding virtual charter schools or
1735+37 adult high schools, under this section is the amount determined in
1736+38 STEP FOUR of the following:
1737+39 STEP ONE: Determine, for each charter school, excluding
1738+40 virtual charter schools or adult high schools, that is eligible to
1739+41 receive a distribution under this section, the number of
1740+42 students who:
17531741 SB 518—LS 7334/DI 125 41
1754-1 projection when adopting the revenue spending plan under subsection
1755-2 (g). (f).
1756-3 (g) (f) As part of the resolution described in subsection (a), the
1757-4 governing body of the school corporation shall adopt a revenue
1758-5 spending plan for the proposed referendum tax levy that includes:
1759-6 (1) an estimate of the amount of annual revenue expected to be
1760-7 collected if a levy is imposed under this chapter;
1761-8 (2) the specific purposes for which the revenue collected from a
1762-9 levy imposed under this chapter will be used;
1763-10 (3) an estimate of the annual dollar amounts that will be expended
1764-11 for each purpose described in subdivision (2); and
1765-12 (4) for a resolution for a referendum that is adopted after May 10,
1766-13 2023, for a county as described in section 21(a) 21 of this chapter,
1767-14 the projected revenue that shall be distributed to charter schools
1768-15 as provided in subsections (f) and (i). subsections (e) and (h).
1769-16 The revenue spending plan shall also take into consideration
1770-17 deviations in the proposed revenue spending plan if the actual
1771-18 charter school distributions exceed or are lower than the projected
1772-19 charter school distributions described in subsection (f). (e). The
1773-20 resolution shall include for each charter school that elects to
1774-21 participate under subsection (i) (h) information described in
1775-22 subdivisions (1) through (3).
1776-23 (h) (g) A school corporation shall specify in its proposed budget the
1777-24 school corporation's revenue spending plan adopted under subsection
1778-25 (g) (f) and annually present the revenue spending plan at its public
1779-26 hearing on the proposed budget under IC 6-1.1-17-3.
1780-27 (i) (h) This subsection applies to a resolution described in
1781-28 subsection (a) for a county described in section 21(a) section 21 of this
1782-29 chapter that is adopted after May 10, 2023. At least forty-five (45) days
1783-30 before the resolution described in subsection (a) is voted on by the
1784-31 governing body, the school corporation shall contact each charter
1785-32 school, excluding virtual charter schools or adult high schools,
1786-33 disclosed by the department to the school corporation under subsection
1787-34 (f) (e) to determine whether the charter school will elect to not
1788-35 participate in the referendum. The notice must include the total amount
1789-36 of the school corporation's expected need, the corresponding estimate
1790-37 for that amount divided by the number of students enrolled in the
1791-38 school corporation, and the date on which the governing body of the
1792-39 school corporation will vote on the resolution. The charter school must
1793-40 respond in writing to the school corporation, which may be by
1794-41 electronic mail addressed to the superintendent of the school
1795-42 corporation, at least fifteen (15) thirty (30) days prior to the date that
1742+1 (A) reside within the attendance area of the school
1743+2 corporation who are currently included in the ADM of the
1744+3 charter school; and
1745+4 (B) receive not more than fifty percent (50%) virtual
1746+5 instruction.
1747+6 STEP TWO: Determine the sum of:
1748+7 (A) the current ADM count for the school corporation,
1749+8 excluding students who:
1750+9 (i) receive more than fifty percent (50%) virtual
1751+10 instruction; and
1752+11 (ii) attend the school corporation but do not have legal
1753+12 settlement in the school corporation; plus
1754+13 (B) the total number of all students who reside within the
1755+14 attendance area of the school corporation who are
1756+15 currently included in the ADM of:
1757+16 (i) a charter school, excluding virtual charter schools or
1758+17 adult high schools; and
1759+18 (ii) receive not more than fifty percent (50%) virtual
1760+19 instruction.
1761+20 STEP THREE: For each charter school, determine the result
1762+21 of:
1763+22 (A) the STEP ONE amount; divided by
1764+23 (B) the STEP TWO amount.
1765+24 STEP FOUR: To determine the distribution amount for a
1766+25 charter school, determine the result of:
1767+26 (A) the STEP THREE amount; multiplied by
1768+27 (B) the amount collected by the county auditor during the
1769+28 most recent installment period.
1770+29 SECTION 21. IC 20-46-7-4, AS AMENDED BY P.L.169-2017,
1771+30 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1772+31 JULY 1, 2025]: Sec. 4. (a) The governing body of each school
1773+32 corporation shall establish a levy in every calendar year sufficient to
1774+33 pay all obligations.
1775+34 (b) This subsection applies to a school corporation that consolidates
1776+35 under IC 20-23-6-12.5. The governing body shall establish a levy for
1777+36 each subunit (as defined in IC 20-23-6-0.5) in each calendar year
1778+37 sufficient to pay the debts and obligations that the particular subunit
1779+38 incurred before consolidating with one (1) or more school corporations
1780+39 under IC 20-23-6-12.5.
1781+40 (c) Beginning in calendar year 2026, and each year thereafter,
1782+41 a school corporation shall share a portion of the revenue collected
1783+42 from a levy imposed under this chapter in the manner provided in
17961784 SB 518—LS 7334/DI 125 42
1797-1 the resolution described in subsection (a) is to be voted on by the
1798-2 governing body. If the charter school elects to not participate in the
1799-3 referendum, the school corporation may exclude distributions to the
1800-4 charter school under section 21 of this chapter and from the projection
1801-5 described in subsection (f). (e). If the a charter school will elects to
1802-6 participate in the referendum, the charter school may receive
1803-7 distributions under section 21 of this chapter and must be included in
1804-8 the projection described in subsection (f). In addition, a charter school
1805-9 that elects to will participate in the referendum under this subsection
1806-10 shall contribute a proportionate share of the cost to conduct the
1807-11 referendum based on the total combined ADM of the school
1808-12 corporation and any participating charter schools.
1809-13 (j) (i) This subsection applies to a resolution described in subsection
1810-14 (a) for a county described in section 21(a) section 21 of this chapter
1811-15 that is adopted after May 10, 2023. At least thirty (30) days before the
1812-16 resolution described in subsection (a) referendum submitted to the
1813-17 voters under this chapter is voted on by the governing body, public in
1814-18 a primary or general election, the school corporation that is pursuing
1815-19 the resolution referendum and any charter school that has elected to
1816-20 will participate under subsection (i) (h) shall post a referendum
1817-21 disclosure statement on each school's respective website that contains
1818-22 the following information:
1819-23 (1) The salaries of all employees employed by position within the
1820-24 school corporation or charter school listed from highest salary to
1821-25 lowest salary and a link to Gateway Indiana for access to
1822-26 individual salaries.
1823-27 (2) An acknowledgment that the school corporation or charter
1824-28 school is not committing any crime described in IC 35-44.1-1.
1825-29 (3) A link to the school corporation's or charter school's most
1826-30 recent state board of accounts audit on the state board of accounts'
1827-31 website.
1828-32 (4) The current enrollment of the school corporation or charter
1829-33 school disaggregated by student group and race.
1830-34 (5) The school corporation's or charter school's high school
1831-35 graduation rate.
1832-36 (6) The school corporation's or charter school's annual retention
1833-37 rate for teachers for the previous five (5) years.
1834-38 (j) Not later than May 20, 2025, the department of local
1835-39 government finance shall prescribe the manner in which a
1836-40 projection described in subsection (e) shall be calculated.
1837-41 SECTION 22. IC 20-46-1-8.5, AS AMENDED BY P.L.189-2023,
1838-42 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1785+1 section 17 of this chapter.
1786+2 SECTION 22. IC 20-46-7-16 IS ADDED TO THE INDIANA
1787+3 CODE AS A NEW SECTION TO READ AS FOLLOWS
1788+4 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) Not later than November
1789+5 15, 2025, the department shall determine the applicable debt
1790+6 service levy share quotient to be used in calculating the amounts
1791+7 that a school corporation must share each calendar year from the
1792+8 total property tax revenue collected from the school corporation's
1793+9 debt service property tax levy imposed under this chapter in the
1794+10 calendar year according to the following formula:
1795+11 STEP ONE: Identify, for each school corporation, the charter
1796+12 schools, excluding virtual charter schools or adult high
1797+13 schools, in which students who have legal settlement in the
1798+14 school corporation attend and receive not more than fifty
1799+15 percent (50%) virtual instruction.
1800+16 STEP TWO: Determine, for each charter school identified in
1801+17 STEP ONE, the number of students who:
1802+18 (A) have legal settlement in the school corporation who are
1803+19 currently included in the fall ADM count of the charter
1804+20 school; and
1805+21 (B) receive not more than fifty percent (50%) virtual
1806+22 instruction.
1807+23 STEP THREE: Determine the sum of:
1808+24 (A) the fall ADM count for the school corporation,
1809+25 excluding students who:
1810+26 (i) receive more than fifty percent (50%) virtual
1811+27 instruction; and
1812+28 (ii) attend the school corporation but do not have legal
1813+29 settlement in the school corporation; plus
1814+30 (B) the total number of students who:
1815+31 (i) reside within the attendance area of the school
1816+32 corporation who are currently included in the fall ADM
1817+33 count of a charter school, excluding virtual charter
1818+34 schools or adult high schools; and
1819+35 (ii) who receive not more than fifty percent (50%)
1820+36 virtual instruction.
1821+37 STEP FOUR: To determine the debt service levy share
1822+38 quotient for each charter school identified in STEP ONE,
1823+39 determine the result of:
1824+40 (A) the STEP TWO result; divided by
1825+41 (B) the STEP THREE result.
1826+42 (b) The department shall provide to the county auditor with
18391827 SB 518—LS 7334/DI 125 43
1840-1 MAY 10, 2025 (RETROACTIVE)]: Sec. 8.5. (a) A resolution to extend
1841-2 a referendum levy must be:
1842-3 (1) adopted by the governing body of a school corporation; and
1843-4 (2) approved in a referendum under this chapter;
1844-5 before December 31 of the final calendar year in which the school
1845-6 corporation's previously approved referendum levy is imposed under
1846-7 this chapter.
1847-8 (b) For a resolution adopted under this section:
1848-9 (1) after May 10, 2023, and before May 11, 2025, for a county
1849-10 described in section 21(a) of this chapter; and
1850-11 (2) after May 10, 2025, for all counties, as described in section
1851-12 21(b) of this chapter;
1852-13 the resolution must include the projected charter school distributions
1853-14 described in section 8(f) 8(e) of this chapter and indicate the
1854-15 distributions to applicable charter schools in accordance with section
1855-16 21 of this chapter.
1856-17 SECTION 23. IC 20-46-1-21, AS ADDED BY P.L.189-2023,
1857-18 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1858-19 MAY 10, 2025 (RETROACTIVE)]: Sec. 21. (a) This section applies
1859-20 to revenue received from a resolution that is approved by the governing
1860-21 body to impose a referendum levy under section 8 or 8.5 of this chapter
1861-22 after May 10, 2023, and before May 11, 2025, for a school corporation
1862-23 located in:
1863-24 (1) Lake County;
1864-25 (2) Marion County;
1865-26 (3) St. Joseph County; or
1866-27 (4) Vanderburgh County.
1867-28 (b) This section applies to revenue received from a resolution
1868-29 that is approved by the governing body after May 10, 2025, to
1869-30 impose a referendum levy under section 8 or 8.5 of this chapter for
1870-31 a school corporation. However, this section does not apply to a
1871-32 school corporation for which less than one hundred (100) students
1872-33 who have legal settlement in the school corporation attend a
1873-34 charter school, excluding a virtual charter school.
1874-35 (b) (c) The county auditor in which the school corporation is located
1875-36 shall distribute an amount under subsection (d) (e) to each charter
1876-37 school, excluding virtual charter schools or adult high schools, that a
1877-38 student who resides within the attendance area of the school
1878-39 corporation attends if unless the charter school elects to not participate
1879-40 in the referendum under section 8(i) 8(h) of this chapter. The
1880-41 department shall provide the county auditor with data and information
1881-42 necessary for the county auditor to determine:
1828+1 respect to each school corporation located in the county auditor's
1829+2 county, immediately after calculation under subsection (a), and in
1830+3 the form prescribed by the county auditor, each charter school
1831+4 determined under STEP ONE of subsection (a) and the charter
1832+5 school's corresponding debt levy share quotient calculated under
1833+6 STEP FOUR of subsection (a).
1834+7 (c) For the purposes of the calculations made in this section,
1835+8 each eligible school that has entered into an agreement with a
1836+9 school corporation to participate as a participating innovation
1837+10 network charter school under IC 20-25.7-5 is considered to have an
1838+11 ADM that is separate from the school corporation.
1839+12 SECTION 23. IC 20-46-7-17 IS ADDED TO THE INDIANA
1840+13 CODE AS A NEW SECTION TO READ AS FOLLOWS
1841+14 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) This section applies to
1842+15 revenue collected after December 31, 2025, from a tax levy imposed
1843+16 by a school corporation under this chapter.
1844+17 (b) This section does not apply to, and distributions are not
1845+18 required for, a school corporation:
1846+19 (1) that is designated as a distressed political subdivision
1847+20 under IC 6-1.1-20.3;
1848+21 (2) that was, at any time during the three (3) immediately
1849+22 preceding calendar years, designated as a distressed political
1850+23 subdivision under IC 6-1.1-20.3; or
1851+24 (3) for which less than one hundred (100) students who have
1852+25 legal settlement in the school corporation attend a charter
1853+26 school.
1854+27 (c) The following schools are not eligible to receive a
1855+28 distribution under this section:
1856+29 (1) A virtual charter school.
1857+30 (2) An adult high school.
1858+31 (d) Beginning in calendar year 2026, and each year thereafter,
1859+32 and subject to subsection (g), when the county auditor distributes
1860+33 property taxes to taxing units, the county auditor shall distribute
1861+34 an amount of the revenue collected from a tax levy imposed by a
1862+35 school corporation under this chapter to each charter school as
1863+36 identified for the school corporation in STEP ONE of section 16(a)
1864+37 of this chapter. Subject to subsection (e), the county auditor shall
1865+38 distribute to each eligible charter school the amount determined in
1866+39 the last STEP of the following STEPS:
1867+40 STEP ONE: Determine the amount collected in the most
1868+41 recent installment period by the school corporation from the
1869+42 school corporation's debt service levy imposed under this
18821870 SB 518—LS 7334/DI 125 44
1883-1 (1) which charter schools are eligible to receive a distribution
1884-2 under this section; and
1885-3 (2) the number of students who:
1886-4 (A) reside within the attendance area of the school corporation
1887-5 who are included in the ADM for each charter school,
1888-6 excluding virtual charter schools or adult high schools,
1889-7 described in subdivision (1); and
1890-8 (B) receive not more than fifty percent (50%) virtual
1891-9 instruction.
1892-10 (c) (d) The following schools are not eligible to receive a
1893-11 distribution under this section:
1894-12 (1) A virtual charter school.
1895-13 (2) An adult high school.
1896-14 (d) (e) This subsection applies only for distributions of revenue
1897-15 received from a resolution that is approved by the governing body
1898-16 after May 10, 2023, and before May 11, 2025, to impose a
1899-17 referendum levy under section 8 or 8.5 of this chapter for a school
1900-18 corporation described in subsection (a). For the purposes of the
1901-19 calculations made in this subsection, each eligible school that has
1902-20 entered into an agreement with a school corporation to participate as a
1903-21 participating innovation network charter school under IC 20-25.7-5 is
1904-22 considered to have an ADM that is separate from the school
1905-23 corporation. The amount that the county auditor shall distribute to a
1906-24 charter school, excluding virtual charter schools or adult high schools,
1907-25 under this section is the amount determined in the last STEP of the
1908-26 following STEPS:
1909-27 STEP ONE: Determine, for each charter school, excluding virtual
1910-28 charter schools or adult high schools, that is eligible to receive a
1911-29 distribution under this section, the number of students who reside
1912-30 within the attendance area of the school corporation who are
1913-31 currently included in the ADM of the charter school.
1914-32 STEP TWO: Determine the sum of:
1915-33 (A) the current ADM count for the school corporation; plus
1916-34 (B) total number of all students who reside within the
1917-35 attendance area of the school corporation who are currently
1918-36 included in the ADM of a charter school, excluding virtual
1919-37 charter schools or adult high schools.
1920-38 STEP THREE: Determine the result of:
1921-39 (A) the STEP ONE amount; divided by
1922-40 (B) the STEP TWO amount.
1923-41 STEP FOUR: Determine the result of:
1924-42 (A) the STEP THREE amount; multiplied by
1871+1 chapter.
1872+2 STEP TWO: Determine:
1873+3 (A) the STEP ONE result; minus
1874+4 (B) the amount needed to make payments due for bonds,
1875+5 leases, and other forms of indebtedness that were incurred
1876+6 before May 10, 2025, and are payable from property taxes
1877+7 collected from a levy imposed under this chapter.
1878+8 STEP THREE: To determine the distribution for each eligible
1879+9 charter school identified for the school corporation in STEP
1880+10 ONE of section 16(a) of this chapter, multiply:
1881+11 (A) the STEP TWO result; by
1882+12 (B) the levy share quotient determined for the charter
1883+13 school under STEP FOUR of section 16(a) of this chapter.
1884+14 (e) This subsection applies only to distributions under
1885+15 subsection (d) in calendar years 2026 and 2027 to an eligible
1886+16 charter school. Instead of the amount determined under subsection
1887+17 (d) for a distribution to a particular eligible charter school from
1888+18 the revenue collected from the tax levy imposed under this chapter
1889+19 by a particular school corporation, the county auditor shall make
1890+20 distributions according to the following:
1891+21 (1) For a distribution in 2026, the county auditor shall
1892+22 distribute an amount for a particular eligible charter school
1893+23 equal to:
1894+24 (A) the result of STEP THREE of subsection (d) for the
1895+25 eligible charter school; multiplied by
1896+26 (B) thirty-three hundredths (0.33).
1897+27 (2) For a distribution in 2027, the county auditor shall
1898+28 distribute an amount for a particular eligible charter school
1899+29 equal to:
1900+30 (A) the result of STEP THREE of subsection (d) for the
1901+31 eligible charter school; multiplied by
1902+32 (B) sixty-six hundredths (0.66).
1903+33 This subsection expires July 1, 2028.
1904+34 (f) Before October 1, 2025, and before October 1 of each year
1905+35 thereafter, the department shall provide to each school corporation
1906+36 and each eligible charter school an estimate of the amount of
1907+37 property tax levy revenue the school corporation and charter
1908+38 school are expected to receive under this section.
1909+39 (g) In order to receive a distribution under this section, the
1910+40 governing body of an eligible charter school shall, before
1911+41 November 1, 2025, and before November 1 of each year thereafter,
1912+42 adopt a budget for the school year. Not later than ten (10) days
19251913 SB 518—LS 7334/DI 125 45
1926-1 (B) the amount collected by the county auditor during the most
1927-2 recent installment period.
1928-3 (f) This subsection applies only for distributions of revenue
1929-4 received from a resolution that is approved by the governing body
1930-5 after May 10, 2025, to impose a referendum levy under section 8 or
1931-6 8.5 of this chapter for a school corporation. For purposes of the
1932-7 calculations made in this subsection, each eligible school that has
1933-8 entered into an agreement with a school corporation to participate
1934-9 as a participating innovation network charter school under
1935-10 IC 20-25.7-5 is considered to have an ADM that is separate from
1936-11 the school corporation. The amount that the county auditor shall
1937-12 distribute to a charter school, excluding virtual charter schools or
1938-13 adult high schools, under this section is the amount determined in
1939-14 STEP FOUR of the following:
1940-15 STEP ONE: Determine, for each charter school, excluding
1941-16 virtual charter schools or adult high schools, that is eligible to
1942-17 receive a distribution under this section, the number of
1943-18 students who:
1944-19 (A) reside within the attendance area of the school
1945-20 corporation who are currently included in the ADM of the
1946-21 charter school; and
1947-22 (B) receive not more than fifty percent (50%) virtual
1948-23 instruction.
1949-24 STEP TWO: Determine the sum of:
1950-25 (A) the current ADM count for the school corporation,
1951-26 excluding students who:
1952-27 (i) receive more than fifty percent (50%) virtual
1953-28 instruction; and
1954-29 (ii) attend the school corporation but do not have legal
1955-30 settlement in the school corporation; plus
1956-31 (B) the total number of all students who reside within the
1957-32 attendance area of the school corporation who are
1958-33 currently included in the ADM of:
1959-34 (i) a charter school, excluding virtual charter schools or
1960-35 adult high schools; and
1961-36 (ii) receive not more than fifty percent (50%) virtual
1962-37 instruction.
1963-38 STEP THREE: For each charter school, determine the result
1964-39 of:
1965-40 (A) the STEP ONE amount; divided by
1966-41 (B) the STEP TWO amount.
1967-42 STEP FOUR: To determine the distribution amount for a
1914+1 before its adoption, the budget must be fixed and presented to the
1915+2 charter board in a public meeting in the county in which the
1916+3 charter school is incorporated. A budget that is adopted under this
1917+4 subsection must be submitted to the charter authorizer for review
1918+5 and to the department of local government finance to be posted
1919+6 publicly on the computer gateway under IC 6-1.1-17-3.
1920+7 (h) Before April 1, 2026, and before April 1 of each year
1921+8 thereafter, the county auditor shall provide each school
1922+9 corporation and each eligible charter school the actual amount of
1923+10 property tax levy revenue the school corporation and charter
1924+11 school are expected to receive under this section.
1925+12 SECTION 24. IC 20-46-8-11.2, AS AMENDED BY P.L.36-2024,
1926+13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1927+14 JULY 1, 2025]: Sec. 11.2. (a) This section applies only to revenue
1928+15 collected after June 30, 2024, and before January 1, 2026, from a tax
1929+16 levy imposed under this chapter by a school corporation located in:
1930+17 (1) Lake County;
1931+18 (2) Marion County;
1932+19 (3) St. Joseph County; or
1933+20 (4) Vanderburgh County.
1934+21 However, this section does not apply to, and distributions are not
1935+22 required for, a school corporation that is designated as a distressed
1936+23 political subdivision under IC 6-1.1-20.3.
1937+24 (b) Beginning In calendar year 2025, and each year thereafter, and
1938+25 subject to subsections (c) and (h), the county auditor shall distribute,
1939+26 as provided under subsection (f), an amount of revenue received from
1940+27 a tax levy imposed by a school corporation under this chapter to each
1941+28 charter school that is eligible for a distribution under subsection (d) and
1942+29 as set forth in subsection (f).
1943+30 (c) The following schools are not eligible to receive a distribution
1944+31 under this section:
1945+32 (1) A virtual charter school.
1946+33 (2) An adult high school.
1947+34 (d) Not later than thirty (30) days before the date that the county
1948+35 auditor distributes money for a school corporation's operations fund
1949+36 (IC 20-40-18) under IC 6-1.1-27, the department, in consultation with
1950+37 the department of local government finance, shall determine the
1951+38 corresponding percentages of revenue received from the tax levy that
1952+39 must be distributed among the school corporation and each eligible
1953+40 charter school according to the following formula:
1954+41 STEP ONE: Determine each charter school that:
1955+42 (A) is located in the same county as the school corporation;
19681956 SB 518—LS 7334/DI 125 46
1969-1 charter school, determine the result of:
1970-2 (A) the STEP THREE amount; multiplied by
1971-3 (B) the amount collected by the county auditor during the
1972-4 most recent installment period.
1973-5 SECTION 24. IC 20-46-7-4, AS AMENDED BY P.L.169-2017,
1974-6 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1975-7 JULY 1, 2025]: Sec. 4. (a) The governing body of each school
1976-8 corporation shall establish a levy in every calendar year sufficient to
1977-9 pay all obligations.
1978-10 (b) This subsection applies to a school corporation that consolidates
1979-11 under IC 20-23-6-12.5. The governing body shall establish a levy for
1980-12 each subunit (as defined in IC 20-23-6-0.5) in each calendar year
1981-13 sufficient to pay the debts and obligations that the particular subunit
1982-14 incurred before consolidating with one (1) or more school corporations
1983-15 under IC 20-23-6-12.5.
1984-16 (c) Beginning in calendar year 2026, and each year thereafter,
1985-17 a school corporation shall share a portion of the revenue collected
1986-18 from a levy imposed under this chapter in the manner provided in
1987-19 section 17 of this chapter.
1988-20 SECTION 25. IC 20-46-7-16 IS ADDED TO THE INDIANA
1989-21 CODE AS A NEW SECTION TO READ AS FOLLOWS
1990-22 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) Not later than November
1991-23 15, 2025, the department shall determine the applicable debt
1992-24 service levy share quotient to be used in calculating the amounts
1993-25 that a school corporation must share each calendar year from the
1994-26 total property tax revenue collected from the school corporation's
1995-27 debt service property tax levy imposed under this chapter in the
1996-28 calendar year according to the following formula:
1997-29 STEP ONE: Identify, for each school corporation, the charter
1998-30 schools, excluding virtual charter schools or adult high
1999-31 schools, in which students who have legal settlement in the
2000-32 school corporation attend and receive not more than fifty
2001-33 percent (50%) virtual instruction.
2002-34 STEP TWO: Determine, for each charter school identified in
2003-35 STEP ONE, the number of students who:
2004-36 (A) have legal settlement in the school corporation who are
2005-37 currently included in the fall ADM count of the charter
2006-38 school; and
2007-39 (B) receive not more than fifty percent (50%) virtual
2008-40 instruction.
2009-41 STEP THREE: Determine the sum of:
2010-42 (A) the fall ADM count for the school corporation,
1957+1 and
1958+2 (B) provides not more than fifty percent (50%) virtual
1959+3 instruction for its students.
1960+4 STEP TWO: Determine, for each charter school described in
1961+5 STEP ONE, the number of students who:
1962+6 (A) have legal settlement within the school corporation;
1963+7 (B) are currently included in the fall ADM for the charter
1964+8 school; and
1965+9 (C) receive not more than fifty percent (50%) virtual
1966+10 instruction.
1967+11 STEP THREE: Determine the sum of:
1968+12 (A) the aggregate of the STEP TWO results for all applicable
1969+13 charter schools; plus
1970+14 (B) the fall ADM count for the school corporation for students
1971+15 receiving not more than fifty percent (50%) virtual instruction.
1972+16 STEP FOUR: For each charter school described in STEP ONE,
1973+17 determine the result of:
1974+18 (A) the applicable STEP TWO amount; divided by
1975+19 (B) the STEP THREE amount;
1976+20 expressed as a percentage.
1977+21 STEP FIVE: Determine the sum of all the amounts computed
1978+22 under STEP FOUR and subtract the result from one hundred
1979+23 percent (100%).
1980+24 (e) The department shall provide to the county auditor, immediately
1981+25 after calculation under subsection (d), and in the form prescribed by the
1982+26 county auditor:
1983+27 (1) each charter school determined under STEP ONE of
1984+28 subsection (d) and the charter school's corresponding percentage
1985+29 calculated under STEP FOUR of subsection (d); and
1986+30 (2) the percentage calculated under STEP FIVE of subsection (d)
1987+31 for the school corporation.
1988+32 (f) The county auditor shall distribute to the school corporation and
1989+33 each applicable charter school the amount determined in the last STEP
1990+34 of the following STEPS:
1991+35 STEP ONE: For each school corporation, determine a base
1992+36 property tax levy amount calculated as:
1993+37 (A) the sum of the school corporation's operations fund
1994+38 property tax levies collected under this chapter in calendar
1995+39 years 2021, 2022, and 2023; divided by
1996+40 (B) three (3).
1997+41 STEP TWO: For each school corporation, determine an
1998+42 incremental property tax levy amount calculated as:
20111999 SB 518—LS 7334/DI 125 47
2012-1 excluding students who:
2013-2 (i) receive more than fifty percent (50%) virtual
2014-3 instruction; and
2015-4 (ii) attend the school corporation but do not have legal
2016-5 settlement in the school corporation; plus
2017-6 (B) the total number of students who:
2018-7 (i) reside within the attendance area of the school
2019-8 corporation who are currently included in the fall ADM
2020-9 count of a charter school, excluding virtual charter
2021-10 schools or adult high schools; and
2022-11 (ii) who receive not more than fifty percent (50%)
2023-12 virtual instruction.
2024-13 STEP FOUR: To determine the debt service levy share
2025-14 quotient for each charter school identified in STEP ONE,
2026-15 determine the result of:
2027-16 (A) the STEP TWO result; divided by
2028-17 (B) the STEP THREE result.
2029-18 (b) The department shall provide to the county auditor with
2030-19 respect to each school corporation located in the county auditor's
2031-20 county, immediately after calculation under subsection (a), and in
2032-21 the form prescribed by the county auditor, each charter school
2033-22 determined under STEP ONE of subsection (a) and the charter
2034-23 school's corresponding debt levy share quotient calculated under
2035-24 STEP FOUR of subsection (a).
2036-25 (c) For the purposes of the calculations made in this section,
2037-26 each eligible school that has entered into an agreement with a
2038-27 school corporation to participate as a participating innovation
2039-28 network charter school under IC 20-25.7-5 is considered to have an
2040-29 ADM that is separate from the school corporation.
2041-30 SECTION 26. IC 20-46-7-17 IS ADDED TO THE INDIANA
2042-31 CODE AS A NEW SECTION TO READ AS FOLLOWS
2043-32 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) This section applies to
2044-33 revenue collected after December 31, 2025, from a tax levy imposed
2045-34 by a school corporation under this chapter.
2046-35 (b) This section does not apply to, and distributions are not
2047-36 required for, a school corporation:
2048-37 (1) that is designated as a distressed political subdivision
2049-38 under IC 6-1.1-20.3;
2050-39 (2) that was, at any time during the three (3) immediately
2051-40 preceding calendar years, designated as a distressed political
2052-41 subdivision under IC 6-1.1-20.3; or
2053-42 (3) for which less than one hundred (100) students who have
2000+1 (A) the school corporation's operations fund property tax levy
2001+2 collections for the current calendar year; minus
2002+3 (B) the school corporation's base property tax levy collections
2003+4 determined under STEP ONE.
2004+5 STEP THREE: For the school corporation and each applicable
2005+6 charter school, determine the result of:
2006+7 (A) the incremental amount determined under STEP TWO;
2007+8 multiplied by
2008+9 (B) the following percentage:
2009+10 (i) In the case of an applicable charter school, the charter
2010+11 school's percentage under STEP FOUR of subsection (d).
2011+12 (ii) In the case of the school corporation, the school
2012+13 corporation's percentage under STEP FIVE of subsection
2013+14 (d).
2014+15 (g) Before October 1, 2024, and before October 1 of each year
2015+16 thereafter, the department shall provide to each school corporation and
2016+17 each eligible charter school an estimate of the amount of property tax
2017+18 levy revenue the school corporation and charter school are expected to
2018+19 receive under this section.
2019+20 (h) In order to receive a distribution under this section, the
2020+21 governing body of an eligible charter school shall, before November 1,
2021+22 2024, and before November 1 of each year thereafter, adopt a budget
2022+23 for the school year. Not later than ten (10) days before its adoption, the
2023+24 budget must be fixed and presented to the charter board in a public
2024+25 meeting in the county in which the charter school is incorporated. A
2025+26 budget that is adopted under this subsection must be submitted to the
2026+27 charter authorizer for review and to the department of local government
2027+28 finance to be posted publicly on the computer gateway under
2028+29 IC 6-1.1-17-3.
2029+30 (i) Before April 1, 2025, and before April 1 of each year thereafter,
2030+31 the county auditor shall provide each school corporation and each
2031+32 eligible charter school the actual amount of property tax levy revenue
2032+33 the school corporation and charter school are expected to receive under
2033+34 this section.
2034+35 SECTION 25. IC 20-46-8-12 IS ADDED TO THE INDIANA
2035+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
2036+37 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) Not later than November
2037+38 15, 2025, the department shall determine the applicable operations
2038+39 levy share quotient to be used in calculating the amounts that a
2039+40 school corporation must share each calendar year from the total
2040+41 property tax revenue collected from the school corporation's
2041+42 operations fund property tax levy imposed under this chapter in
20542042 SB 518—LS 7334/DI 125 48
2055-1 legal settlement in the school corporation attend a charter
2056-2 school, excluding a virtual charter school.
2057-3 (c) The following schools are not eligible to receive a
2058-4 distribution under this section:
2059-5 (1) A virtual charter school.
2060-6 (2) An adult high school.
2061-7 (d) Beginning in calendar year 2026, and each year thereafter,
2062-8 and subject to subsection (g), when the county auditor distributes
2063-9 property taxes to taxing units, the county auditor shall distribute
2064-10 an amount of the revenue collected from a tax levy imposed by a
2065-11 school corporation under this chapter to each charter school as
2066-12 identified for the school corporation in STEP ONE of section 16(a)
2067-13 of this chapter. Subject to subsection (e), the county auditor shall
2068-14 distribute to each eligible charter school the amount determined in
2069-15 the last STEP of the following STEPS:
2070-16 STEP ONE: Determine the amount collected in the most
2071-17 recent installment period by the school corporation from the
2072-18 school corporation's debt service levy imposed under this
2073-19 chapter.
2074-20 STEP TWO: Determine:
2075-21 (A) the STEP ONE result; minus
2076-22 (B) the amount needed to make payments due for bonds,
2077-23 leases, and other forms of indebtedness that were incurred
2078-24 before May 10, 2025, and are payable from property taxes
2079-25 collected from a levy imposed under this chapter.
2080-26 STEP THREE: To determine the distribution for each eligible
2081-27 charter school identified for the school corporation in STEP
2082-28 ONE of section 16(a) of this chapter, multiply:
2083-29 (A) the STEP TWO result; by
2084-30 (B) the levy share quotient determined for the charter
2085-31 school under STEP FOUR of section 16(a) of this chapter.
2086-32 (e) This subsection applies only to distributions under
2087-33 subsection (d) in calendar years 2026 and 2027 to an eligible
2088-34 charter school. Instead of the amount determined under subsection
2089-35 (d) for a distribution to a particular eligible charter school from
2090-36 the revenue collected from the tax levy imposed under this chapter
2091-37 by a particular school corporation, the county auditor shall make
2092-38 distributions according to the following:
2093-39 (1) For a distribution in 2026, the county auditor shall
2094-40 distribute an amount for a particular eligible charter school
2095-41 equal to:
2096-42 (A) the result of STEP THREE of subsection (d) for the
2043+1 the calendar year according to the following formula:
2044+2 STEP ONE: Identify, for each school corporation, the charter
2045+3 schools, excluding virtual charter schools or adult high
2046+4 schools in which students who have legal settlement in the
2047+5 school corporation attend and receive not more than fifty
2048+6 percent (50%) virtual instruction.
2049+7 STEP TWO: Determine, for each charter school identified in
2050+8 STEP ONE, the number of students who:
2051+9 (A) have legal settlement in the school corporation who are
2052+10 currently included in the fall ADM count of the charter
2053+11 school; and
2054+12 (B) receive not more than fifty percent (50%) virtual
2055+13 instruction.
2056+14 STEP THREE: Determine the sum of:
2057+15 (A) the fall ADM count for the school corporation,
2058+16 excluding students who:
2059+17 (i) receive more than fifty percent (50%) virtual
2060+18 instruction; or
2061+19 (ii) attend the school corporation but do not have legal
2062+20 settlement in the school corporation; plus
2063+21 (B) the total number of students who reside within the
2064+22 attendance area of the school corporation who are
2065+23 currently included in the fall ADM count of:
2066+24 (i) a charter school, excluding virtual charter schools or
2067+25 adult high schools; and
2068+26 (ii) receive not more than fifty percent (50%) virtual
2069+27 instruction.
2070+28 STEP FOUR: To determine the operations levy share quotient
2071+29 for each charter school identified in STEP ONE, determine
2072+30 the result of:
2073+31 (A) the STEP TWO result; divided by
2074+32 (B) the STEP THREE result.
2075+33 (b) The department shall provide to the county auditor with
2076+34 respect to each school corporation located in the county auditor's
2077+35 county, immediately after calculation under subsection (a), and in
2078+36 the form prescribed by the county auditor each charter school
2079+37 determined under STEP ONE of subsection (a) and the charter
2080+38 school's corresponding operations levy share quotient calculated
2081+39 under STEP FOUR of subsection (a).
2082+40 (c) For the purposes of the calculations made in this section,
2083+41 each eligible school that has entered into an agreement with a
2084+42 school corporation to participate as a participating innovation
20972085 SB 518—LS 7334/DI 125 49
2098-1 eligible charter school; multiplied by
2099-2 (B) thirty-three hundredths (0.33).
2100-3 (2) For a distribution in 2027, the county auditor shall
2101-4 distribute an amount for a particular eligible charter school
2102-5 equal to:
2103-6 (A) the result of STEP THREE of subsection (d) for the
2104-7 eligible charter school; multiplied by
2105-8 (B) sixty-six hundredths (0.66).
2106-9 This subsection expires July 1, 2028.
2107-10 (f) Before October 1, 2025, and before October 1 of each year
2108-11 thereafter, the department shall provide to each school corporation
2109-12 and each eligible charter school an estimate of the amount of
2110-13 property tax levy revenue the school corporation and charter
2111-14 school are expected to receive under this section.
2112-15 (g) In order to receive a distribution under this section, the
2113-16 governing body of an eligible charter school shall, before
2114-17 November 1, 2025, and before November 1 of each year thereafter,
2115-18 adopt a budget for the school year. Not later than ten (10) days
2116-19 before its adoption, the budget must be fixed and presented to the
2117-20 charter board in a public meeting in the county in which the
2118-21 charter school is incorporated. A budget that is adopted under this
2119-22 subsection must be submitted to the charter authorizer for review
2120-23 and to the department of local government finance to be posted
2121-24 publicly on the computer gateway under IC 6-1.1-17-3.
2122-25 (h) Before April 1, 2026, and before April 1 of each year
2123-26 thereafter, the county auditor shall provide each school
2124-27 corporation and each eligible charter school the actual amount of
2125-28 property tax levy revenue the school corporation and charter
2126-29 school are expected to receive under this section.
2127-30 SECTION 27. IC 20-46-8-11.2, AS AMENDED BY P.L.36-2024,
2128-31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2129-32 JULY 1, 2025]: Sec. 11.2. (a) This section applies only to revenue
2130-33 collected after June 30, 2024, and before January 1, 2028, from a tax
2131-34 levy imposed under this chapter by a school corporation located in:
2132-35 (1) Lake County;
2133-36 (2) Marion County;
2134-37 (3) St. Joseph County; or
2135-38 (4) Vanderburgh County.
2136-39 However, this section does not apply to, and distributions are not
2137-40 required for, a school corporation that is designated as a distressed
2138-41 political subdivision under IC 6-1.1-20.3.
2139-42 (b) Beginning In calendar year 2025, 2026, and 2027, and each year
2086+1 network charter school under IC 20-25.7-5 is considered to have an
2087+2 ADM that is separate from the school corporation.
2088+3 SECTION 26. IC 20-46-8-13 IS ADDED TO THE INDIANA
2089+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
2090+5 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) This section applies to
2091+6 revenue collected after December 31, 2025, from a tax levy imposed
2092+7 by a school corporation under this chapter.
2093+8 (b) This section does not apply to, and distributions are not
2094+9 required for, a school corporation:
2095+10 (1) that is designated as a distressed political subdivision
2096+11 under IC 6-1.1-20.3;
2097+12 (2) that was, at any time during the three (3) immediately
2098+13 preceding calendar years, designated as a distressed political
2099+14 subdivision under IC 6-1.1-20.3; or
2100+15 (3) for which less than one hundred (100) students who have
2101+16 legal settlement in the school corporation attend a charter
2102+17 school.
2103+18 (c) The following schools are not eligible to receive a
2104+19 distribution under this section:
2105+20 (1) A virtual charter school.
2106+21 (2) An adult high school.
2107+22 (d) Beginning in calendar year 2026, and each year thereafter,
2108+23 and subject to subsection (g), when the county auditor distributes
2109+24 property taxes to taxing units, the county auditor shall distribute
2110+25 an amount of the revenue collected from a tax levy imposed by a
2111+26 school corporation under this chapter to each charter school as
2112+27 identified for the school corporation in STEP ONE of section 12(a)
2113+28 of this chapter. Subject to subsection (e), the county auditor shall
2114+29 distribute to each eligible charter school the amount determined in
2115+30 the applicable STEP of the following STEPS:
2116+31 STEP ONE: Determine the amount collected in the most
2117+32 recent installment period by the school corporation from the
2118+33 school corporation's operations fund levy imposed under this
2119+34 chapter.
2120+35 STEP TWO: Determine:
2121+36 (A) the STEP ONE result; minus
2122+37 (B) the amount needed to make payments due for bonds,
2123+38 leases, and other forms of indebtedness that were incurred
2124+39 before May 10, 2025, and are payable from property taxes
2125+40 collected from a levy imposed under this chapter.
2126+41 STEP THREE: To determine the distribution for each eligible
2127+42 charter school identified for the school corporation in STEP
21402128 SB 518—LS 7334/DI 125 50
2141-1 thereafter, and subject to subsections (c) and (h), the county auditor
2142-2 shall distribute, as provided under subsection (f), an amount of revenue
2143-3 received from a tax levy imposed by a school corporation under this
2144-4 chapter to each charter school that is eligible for a distribution under
2145-5 subsection (d) and as set forth in subsection (f).
2146-6 (c) The following schools are not eligible to receive a distribution
2147-7 under this section:
2148-8 (1) A virtual charter school.
2149-9 (2) An adult high school.
2150-10 (d) Not later than thirty (30) days before the date that the county
2151-11 auditor distributes money for a school corporation's operations fund
2152-12 (IC 20-40-18) under IC 6-1.1-27, the department, in consultation with
2153-13 the department of local government finance, shall determine the
2154-14 corresponding percentages of revenue received from the tax levy that
2155-15 must be distributed among the school corporation and each eligible
2156-16 charter school according to the following formula:
2157-17 STEP ONE: Determine each charter school that:
2158-18 (A) is located in the same county as the school corporation;
2159-19 and
2160-20 (B) provides not more than fifty percent (50%) virtual
2161-21 instruction for its students.
2162-22 STEP TWO: Determine, for each charter school described in
2163-23 STEP ONE, the number of students who:
2164-24 (A) have legal settlement within the school corporation;
2165-25 (B) are currently included in the fall ADM for the charter
2166-26 school; and
2167-27 (C) receive not more than fifty percent (50%) virtual
2168-28 instruction.
2169-29 STEP THREE: Determine the sum of:
2170-30 (A) the aggregate of the STEP TWO results for all applicable
2171-31 charter schools; plus
2172-32 (B) the fall ADM count for the school corporation for students
2173-33 receiving not more than fifty percent (50%) virtual instruction.
2174-34 STEP FOUR: For each charter school described in STEP ONE,
2175-35 determine the result of:
2176-36 (A) the applicable STEP TWO amount; divided by
2177-37 (B) the STEP THREE amount;
2178-38 expressed as a percentage.
2179-39 STEP FIVE: Determine the sum of all the amounts computed
2180-40 under STEP FOUR and subtract the result from one hundred
2181-41 percent (100%).
2182-42 (e) The department shall provide to the county auditor, immediately
2183-SB 518—LS 7334/DI 125 51
2184-1 after calculation under subsection (d), and in the form prescribed by the
2185-2 county auditor:
2186-3 (1) each charter school determined under STEP ONE of
2187-4 subsection (d) and the charter school's corresponding percentage
2188-5 calculated under STEP FOUR of subsection (d); and
2189-6 (2) the percentage calculated under STEP FIVE of subsection (d)
2190-7 for the school corporation.
2191-8 (f) The county auditor shall distribute to the school corporation and
2192-9 each applicable charter school the amount determined in the last STEP
2193-10 of the following STEPS:
2194-11 STEP ONE: For each school corporation, determine a base
2195-12 property tax levy amount calculated as:
2196-13 (A) the sum of the school corporation's operations fund
2197-14 property tax levies collected under this chapter in calendar
2198-15 years 2021, 2022, and 2023; divided by
2199-16 (B) three (3).
2200-17 STEP TWO: For each school corporation, determine an
2201-18 incremental property tax levy amount calculated as:
2202-19 (A) the school corporation's operations fund property tax levy
2203-20 collections for the current calendar year; minus
2204-21 (B) the school corporation's base property tax levy collections
2205-22 determined under STEP ONE.
2206-23 STEP THREE: For the school corporation and each applicable
2207-24 charter school, determine the result of:
2208-25 (A) the incremental amount determined under STEP TWO;
2209-26 multiplied by
2210-27 (B) the following percentage:
2211-28 (i) In the case of an applicable charter school, the charter
2212-29 school's percentage under STEP FOUR of subsection (d).
2213-30 (ii) In the case of the school corporation, the school
2214-31 corporation's percentage under STEP FIVE of subsection
2215-32 (d).
2216-33 (g) Before October 1, 2024, and before October 1 of each year
2217-34 thereafter, the department shall provide to each school corporation and
2218-35 each eligible charter school an estimate of the amount of property tax
2219-36 levy revenue the school corporation and charter school are expected to
2220-37 receive under this section.
2221-38 (h) In order to receive a distribution under this section, the
2222-39 governing body of an eligible charter school shall, before November 1,
2223-40 2024, and before November 1 of each year thereafter, adopt a budget
2224-41 for the school year. Not later than ten (10) days before its adoption, the
2225-42 budget must be fixed and presented to the charter board in a public
2226-SB 518—LS 7334/DI 125 52
2227-1 meeting in the county in which the charter school is incorporated. A
2228-2 budget that is adopted under this subsection must be submitted to the
2229-3 charter authorizer for review and to the department of local government
2230-4 finance to be posted publicly on the computer gateway under
2231-5 IC 6-1.1-17-3.
2232-6 (i) Before April 1, 2025, and before April 1 of each year thereafter,
2233-7 the county auditor shall provide each school corporation and each
2234-8 eligible charter school the actual amount of property tax levy revenue
2235-9 the school corporation and charter school are expected to receive under
2236-10 this section.
2237-11 SECTION 28. IC 20-46-8-12 IS ADDED TO THE INDIANA
2238-12 CODE AS A NEW SECTION TO READ AS FOLLOWS
2239-13 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) Not later than November
2240-14 15, 2027, the department shall determine the applicable operations
2241-15 levy share quotient to be used in calculating the amounts that a
2242-16 school corporation must share each calendar year from the total
2243-17 property tax revenue collected from the school corporation's
2244-18 operations fund property tax levy imposed under this chapter in
2245-19 the calendar year according to the following formula:
2246-20 STEP ONE: Identify, for each school corporation, the charter
2247-21 schools, excluding virtual charter schools or adult high
2248-22 schools, in which students who have legal settlement in the
2249-23 school corporation attend and receive not more than fifty
2250-24 percent (50%) virtual instruction.
2251-25 STEP TWO: Determine, for each charter school identified in
2252-26 STEP ONE, the number of students who:
2253-27 (A) have legal settlement in the school corporation who are
2254-28 currently included in the fall ADM count of the charter
2255-29 school; and
2256-30 (B) receive not more than fifty percent (50%) virtual
2257-31 instruction.
2258-32 STEP THREE: Determine the sum of:
2259-33 (A) the fall ADM count for the school corporation,
2260-34 excluding students who:
2261-35 (i) receive more than fifty percent (50%) virtual
2262-36 instruction; or
2263-37 (ii) attend the school corporation but do not have legal
2264-38 settlement in the school corporation; plus
2265-39 (B) the total number of students who reside within the
2266-40 attendance area of the school corporation who are
2267-41 currently included in the fall ADM count of:
2268-42 (i) a charter school, excluding virtual charter schools or
2269-SB 518—LS 7334/DI 125 53
2270-1 adult high schools; and
2271-2 (ii) receive not more than fifty percent (50%) virtual
2272-3 instruction.
2273-4 STEP FOUR: To determine the operations levy share quotient
2274-5 for each charter school identified in STEP ONE, determine
2275-6 the result of:
2276-7 (A) the STEP TWO result; divided by
2277-8 (B) the STEP THREE result.
2278-9 (b) The department shall provide to the county auditor with
2279-10 respect to each school corporation located in the county auditor's
2280-11 county, immediately after calculation under subsection (a), and in
2281-12 the form prescribed by the county auditor each charter school
2282-13 determined under STEP ONE of subsection (a) and the charter
2283-14 school's corresponding operations levy share quotient calculated
2284-15 under STEP FOUR of subsection (a).
2285-16 (c) For the purposes of the calculations made in this section,
2286-17 each eligible school that has entered into an agreement with a
2287-18 school corporation to participate as a participating innovation
2288-19 network charter school under IC 20-25.7-5 is considered to have an
2289-20 ADM that is separate from the school corporation.
2290-21 SECTION 29. IC 20-46-8-13 IS ADDED TO THE INDIANA
2291-22 CODE AS A NEW SECTION TO READ AS FOLLOWS
2292-23 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) This section applies to
2293-24 revenue collected after December 31, 2027, from a tax levy imposed
2294-25 by a school corporation under this chapter.
2295-26 (b) This section does not apply to, and distributions are not
2296-27 required for, a school corporation:
2297-28 (1) that is designated as a distressed political subdivision
2298-29 under IC 6-1.1-20.3;
2299-30 (2) that was, at any time during the three (3) immediately
2300-31 preceding calendar years, designated as a distressed political
2301-32 subdivision under IC 6-1.1-20.3; or
2302-33 (3) for which less than one hundred (100) students who have
2303-34 legal settlement in the school corporation attend a charter
2304-35 school, excluding a virtual charter school.
2305-36 (c) The following schools are not eligible to receive a
2306-37 distribution under this section:
2307-38 (1) A virtual charter school.
2308-39 (2) An adult high school.
2309-40 (d) Beginning in calendar year 2028, and each year thereafter,
2310-41 and subject to subsection (i), when the county auditor distributes
2311-42 property taxes to taxing units, the county auditor shall distribute
2312-SB 518—LS 7334/DI 125 54
2313-1 an amount of the revenue collected from a tax levy imposed by a
2314-2 school corporation under this chapter to each charter school as
2315-3 identified for the school corporation in STEP ONE of section 12(a)
2316-4 of this chapter. Subject to subsections (e), (f), and (g), the county
2317-5 auditor shall distribute to each eligible charter school the amount
2318-6 determined in the applicable STEP of the following STEPS:
2319-7 STEP ONE: Determine the amount collected in the most
2320-8 recent installment period by the school corporation from the
2321-9 school corporation's operations fund levy imposed under this
2322-10 chapter.
2323-11 STEP TWO: Determine:
2324-12 (A) the STEP ONE result; minus
2325-13 (B) the amount needed to make payments due for bonds,
2326-14 leases, and other forms of indebtedness that were incurred
2327-15 before January 1, 2027, and are payable from property
2328-16 taxes collected from a levy imposed under this chapter.
2329-17 STEP THREE: To determine the distribution for each eligible
2330-18 charter school identified for the school corporation in STEP
2331-19 ONE of section 12(a) of this chapter, multiply:
2332-20 (A) the STEP TWO result; by
2333-21 (B) the levy share quotient determined for the charter
2334-22 school under STEP FOUR of section 12(a) of this chapter.
2335-23 (e) This subsection applies to a school corporation for which less
2336-24 than five hundred (500) students who have legal settlement in the
2337-25 school corporation attend a charter school and only to
2338-26 distributions under subsection (d) in calendar years 2028 and 2029
2339-27 to an eligible charter school. Instead of the amount determined
2340-28 under subsection (d) for a distribution to a particular eligible
2341-29 charter school from the revenue collected from the tax levy
2342-30 imposed under this chapter by a particular school corporation, the
2343-31 county auditor shall make distributions according to the following:
2344-32 (1) For a distribution in 2028, the county auditor shall
2345-33 distribute an amount for a particular eligible charter school
2346-34 equal to:
2347-35 (A) the result of STEP THREE of subsection (d) for the
2348-36 eligible charter school; multiplied by
2349-37 (B) thirty-three hundredths (0.33).
2350-38 (2) For a distribution in 2029, the county auditor shall
2351-39 distribute an amount for a particular eligible charter school
2352-40 equal to:
2353-41 (A) the result of STEP THREE of subsection (d) for the
2354-42 eligible charter school; multiplied by
2355-SB 518—LS 7334/DI 125 55
2356-1 (B) sixty-six hundredths (0.66).
2357-2 This subsection expires July 1, 2030.
2358-3 (f) In the case of a school corporation for which at least five
2359-4 hundred (500) students but less than five thousand (5,000) students
2360-5 who have legal settlement in the school corporation attend a
2361-6 charter school, the county auditor shall make distributions
2362-7 according to the following:
2363-8 (1) For a distribution in 2028, the county auditor shall
2364-9 distribute an amount for a particular eligible charter school
2365-10 equal to:
2366-11 (A) the result of STEP THREE of subsection (d) for the
2367-12 eligible charter school; multiplied by
2368-13 (B) twenty-five hundredths (0.25).
2369-14 (2) For a distribution in 2029, the county auditor shall
2370-15 distribute an amount for a particular eligible charter school
2371-16 equal to:
2372-17 (A) the result of STEP THREE of subsection (d) for the
2373-18 eligible charter school; multiplied by
2374-19 (B) five-tenths (0.5).
2375-20 (3) For a distribution in 2030, the county auditor shall
2376-21 distribute an amount for a particular eligible charter school
2377-22 equal to:
2378-23 (A) the result of STEP THREE of subsection (d) for the
2379-24 eligible charter school; multiplied by
2380-25 (B) seventy-five hundredths (0.75).
2381-26 (4) For a distribution in 2031 and each year thereafter, the
2382-27 county auditor shall distribute an amount for a particular
2383-28 eligible charter school equal to:
2384-29 (A) the result of STEP THREE of subsection (d) for the
2385-30 eligible charter school; multiplied by
2386-31 (B) one (1).
2387-32 (g) In the case of a school corporation for which at least five
2388-33 thousand (5,000) students who have legal settlement in the school
2389-34 corporation attend a charter school, the county auditor shall make
2390-35 distributions according to the following:
2391-36 (1) For a distribution in 2028, the county auditor shall
2392-37 distribute an amount for a particular eligible charter school
2393-38 equal to:
2394-39 (A) the result of STEP THREE of subsection (d) for the
2395-40 eligible charter school; multiplied by
2396-41 (B) two-tenths (0.2).
2397-42 (2) For a distribution in 2029, the county auditor shall
2398-SB 518—LS 7334/DI 125 56
2399-1 distribute an amount for a particular eligible charter school
2400-2 equal to:
2401-3 (A) the result of STEP THREE of subsection (d) for the
2402-4 eligible charter school; multiplied by
2403-5 (B) four-tenths (0.4).
2404-6 (3) For a distribution in 2030, the county auditor shall
2405-7 distribute an amount for a particular eligible charter school
2406-8 equal to:
2407-9 (A) the result of STEP THREE of subsection (d) for the
2408-10 eligible charter school; multiplied by
2409-11 (B) six-tenths (0.6).
2410-12 (4) For a distribution in 2031, the county auditor shall
2129+1 ONE of section 12(a) of this chapter, multiply:
2130+2 (A) the STEP TWO result; by
2131+3 (B) the levy share quotient determined for the charter
2132+4 school under STEP FOUR of section 12(a) of this chapter.
2133+5 (e) This subsection applies only to distributions under
2134+6 subsection (d) in calendar years 2026 and 2027 to an eligible
2135+7 charter school. Instead of the amount determined under subsection
2136+8 (d) for a distribution to a particular eligible charter school from
2137+9 the revenue collected from the tax levy imposed under this chapter
2138+10 by a particular school corporation, the county auditor shall make
2139+11 distributions according to the following:
2140+12 (1) For a distribution in 2026, the county auditor shall
24112141 13 distribute an amount for a particular eligible charter school
24122142 14 equal to:
24132143 15 (A) the result of STEP THREE of subsection (d) for the
24142144 16 eligible charter school; multiplied by
2415-17 (B) eight-tenths (0.8).
2416-18 (5) For a distribution in 2032 and each year thereafter, the
2417-19 county auditor shall distribute an amount for a particular
2418-20 eligible charter school equal to:
2145+17 (B) thirty-three hundredths (0.33).
2146+18 (2) For a distribution in 2027, the county auditor shall
2147+19 distribute an amount for a particular eligible charter school
2148+20 equal to:
24192149 21 (A) the result of STEP THREE of subsection (d) for the
24202150 22 eligible charter school; multiplied by
2421-23 (B) one (1).
2422-24 (h) Before October 1, 2027, and before October 1 of each year
2423-25 thereafter, the department shall provide to each school corporation
2424-26 and each eligible charter school an estimate of the amount of
2425-27 property tax levy revenue the school corporation and charter
2426-28 school are expected to receive under this section.
2427-29 (i) In order to receive a distribution under this section, the
2428-30 governing body of an eligible charter school shall, before
2429-31 November 1, 2027, and before November 1 of each year thereafter,
2430-32 adopt a budget for the school year. Not later than ten (10) days
2431-33 before its adoption, the budget must be fixed and presented to the
2432-34 charter board in a public meeting in the county in which the
2433-35 charter school is incorporated. A budget that is adopted under this
2434-36 subsection must be submitted to the charter authorizer for review
2435-37 and to the department of local government finance to be posted
2436-38 publicly on the computer gateway under IC 6-1.1-17-3.
2437-39 (j) Before April 1, 2028, and before April 1 of each year
2438-40 thereafter, the county auditor shall provide each school
2439-41 corporation and each eligible charter school the actual amount of
2440-42 property tax levy revenue the school corporation and charter
2151+23 (B) sixty-six hundredths (0.66).
2152+24 This subsection expires July 1, 2028.
2153+25 (f) Before October 1, 2025, and before October 1 of each year
2154+26 thereafter, the department shall provide to each school corporation
2155+27 and each eligible charter school an estimate of the amount of
2156+28 property tax levy revenue the school corporation and charter
2157+29 school are expected to receive under this section.
2158+30 (g) In order to receive a distribution under this section, the
2159+31 governing body of an eligible charter school shall, before
2160+32 November 1, 2025, and before November 1 of each year thereafter,
2161+33 adopt a budget for the school year. Not later than ten (10) days
2162+34 before its adoption, the budget must be fixed and presented to the
2163+35 charter board in a public meeting in the county in which the
2164+36 charter school is incorporated. A budget that is adopted under this
2165+37 subsection must be submitted to the charter authorizer for review
2166+38 and to the department of local government finance to be posted
2167+39 publicly on the computer gateway under IC 6-1.1-17-3.
2168+40 (h) Before April 1, 2026, and before April 1 of each year
2169+41 thereafter, the county auditor shall provide each school
2170+42 corporation and each eligible charter school the actual amount of
2171+SB 518—LS 7334/DI 125 51
2172+1 property tax levy revenue the school corporation and charter
2173+2 school are expected to receive under this section.
2174+3 SECTION 27. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
2175+4 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
2176+5 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
2177+6 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
2178+7 AMENDED TO READ AS FOLLOWS [EFFECTIVE MAY 10, 2025
2179+8 (RETROACTIVE)]: Sec. 6. (a) Subject to this chapter, the governing
2180+9 body of a school corporation may adopt a resolution to place a
2181+10 referendum under this chapter on the ballot if the governing body of the
2182+11 school corporation determines that a referendum levy should be
2183+12 imposed for measures to improve school safety as described in
2184+13 IC 20-40-20-6(a) or IC 20-40-20-6(b).
2185+14 (b) Except as provided in section 22 of this chapter, a school
2186+15 corporation may, with the approval of the majority of members of the
2187+16 governing body, distribute a portion of the proceeds of a tax levy
2188+17 collected under this chapter that is deposited in the fund to a charter
2189+18 school, excluding a virtual charter school, that is located within the
2190+19 attendance area of the school corporation, to be used by the charter
2191+20 school for the purposes described in IC 20-40-20-6(a).
2192+21 (c) (b) This subsection applies to a resolution described in
2193+22 subsection (a) section 22 of this chapter that is adopted after May 10,
2194+23 2023. in a county described in section 22(a) of this chapter. A
2195+24 resolution shall specify that a portion of the proceeds of the proposed
2196+25 levy will be distributed to applicable charter schools in the manner
2197+26 described under section 22 of this chapter if unless the charter school
2198+27 voluntarily elects to not participate in the referendum in the manner
2199+28 described in subsection (i). (g).
2200+29 (d) (c) This subsection applies to a resolution described in
2201+30 subsection (a) section 22 of this chapter that is adopted after May 10,
2202+31 2023. in a county described in section 22(a) of this chapter. The
2203+32 resolution described in subsection (a) shall include a projection of the
2204+33 amount that the school corporation expects to be distributed to a
2205+34 particular charter school, excluding virtual charter schools or adult high
2206+35 schools, under section 22 of this chapter that unless the charter school
2207+36 elects to not participate in the referendum under subsection (i). (g). At
2208+37 least sixty (60) days before the resolution described in subsection (a)
2209+38 is voted on by the governing body, the school corporation shall contact
2210+39 the department to determine the number of students in kindergarten
2211+40 through grade 12:
2212+41 (1) who have legal settlement in the school corporation but attend
2213+42 a charter school, excluding virtual charter schools or adult high
2214+SB 518—LS 7334/DI 125 52
2215+1 schools; and
2216+2 (2) who receive not more than fifty percent (50%) virtual
2217+3 instruction.
2218+4 Not later than fifty (50) days before the resolution is voted on by
2219+5 the governing body, the department shall provide the school
2220+6 corporation with the number of students with legal settlement in the
2221+7 school corporation who attend a charter school, excluding a virtual
2222+8 charter school or adult high school, and who receive not more than
2223+9 fifty percent (50%) virtual instruction, which shall be disaggregated
2224+10 for each particular charter school. excluding a virtual charter school or
2225+11 adult high school. The projection may include an expected increase in
2226+12 charter schools during the term the levy is imposed. The department of
2227+13 local government finance shall prescribe the manner in which the
2228+14 projection shall be calculated. The governing body shall take into
2229+15 consideration the projection when adopting the revenue spending plan
2230+16 under subsection (g). (e).
2231+17 (e) (d) The governing body of the school corporation shall certify a
2232+18 copy of the resolution to the following:
2233+19 (1) The department of local government finance, including:
2234+20 (A) the language for the question required by section 9 of this
2235+21 chapter, or in the case of a resolution to extend a referendum
2236+22 levy certified to the department of local government finance,
2237+23 section 10 of this chapter; and
2238+24 (B) a copy of the revenue spending plan adopted under
2239+25 subsection (g). (e).
2240+26 The language of the public question must include the estimated
2241+27 average percentage increases certified by the county auditor under
2242+28 section 9(d) or 10(f) of this chapter, as applicable. The governing
2243+29 body of the school corporation shall also provide the county
2244+30 auditor's certification described in section 9(d) or 10(f) of this
2245+31 chapter, as applicable. The department of local government
2246+32 finance shall post the values certified by the county auditor to the
2247+33 department's website. The department shall review the language
2248+34 for compliance with section 9 or 10 of this chapter, whichever is
2249+35 applicable, and either approve or reject the language. The
2250+36 department shall send its decision to the governing body of the
2251+37 school corporation not more than ten (10) days after both the
2252+38 certification of the county auditor described in section 9(d) or
2253+39 10(f) of this chapter, as applicable, and the resolution is are
2254+40 submitted to the department. If the language is approved, the
2255+41 governing body of the school corporation shall certify a copy of
2256+42 the resolution, including the language for the question and the
2257+SB 518—LS 7334/DI 125 53
2258+1 department's approval.
2259+2 (2) The county fiscal body of each county in which the school
2260+3 corporation is located (for informational purposes only).
2261+4 (3) The circuit court clerk of each county in which the school
2262+5 corporation is located.
2263+6 (f) Except as provided in section 22 of this chapter, the resolution
2264+7 described in subsection (a) must indicate whether proceeds in the
2265+8 school corporation's fund collected from a tax levy under this chapter
2266+9 will be used to provide a distribution to a charter school or charter
2267+10 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
2268+11 well as the amount that will be distributed to the particular charter
2269+12 school or charter schools. A school corporation may request from the
2270+13 designated charter school or charter schools any financial
2271+14 documentation necessary to demonstrate the financial need of the
2272+15 charter school or charter schools.
2273+16 (g) (e) As part of the resolution described in subsection (a), the
2274+17 governing body of the school corporation shall adopt a revenue
2275+18 spending plan for the proposed referendum tax levy that includes:
2276+19 (1) an estimate of the amount of annual revenue expected to be
2277+20 collected if a levy is imposed under this chapter;
2278+21 (2) the specific purposes described in IC 20-40-20-6 for which the
2279+22 revenue collected from a levy imposed under this chapter will be
2280+23 used;
2281+24 (3) an estimate of the annual dollar amounts that will be expended
2282+25 for each purpose described in subdivision (2); and
2283+26 (4) for a resolution for a referendum that is adopted after May 10,
2284+27 2023, for a county as described in section 22(a) 22 of this chapter,
2285+28 the projected revenue that shall be distributed to charter schools
2286+29 as provided in subsection (d). (c). The revenue spending plan
2287+30 shall also take into consideration deviations in the proposed
2288+31 revenue spending plan if the actual charter school distributions
2289+32 exceed or are lower than the projected charter school distributions
2290+33 described in subsection (d). (c). The resolution shall include for
2291+34 each charter school that elects to participate under subsection (i)
2292+35 (g) information described in subdivisions (1) through (3).
2293+36 (h) (f) A school corporation shall specify in its proposed budget the
2294+37 school corporation's revenue spending plan adopted under subsection
2295+38 (g) (e) and annually present the revenue spending plan at its public
2296+39 hearing on the proposed budget under IC 6-1.1-17-3.
2297+40 (i) (g) This subsection applies to a resolution described in
2298+41 subsection (a) for a county described in section 22(a) section 22 of this
2299+42 chapter that is adopted after May 10, 2023. At least forty-five (45) days
2300+SB 518—LS 7334/DI 125 54
2301+1 before the resolution described in subsection (a) is voted on by the
2302+2 governing body, the school corporation shall contact each charter
2303+3 school, excluding virtual charter schools or adult high schools,
2304+4 disclosed by the department to the school corporation under subsection
2305+5 (f) (c) to determine whether the charter school will elect to not
2306+6 participate in the referendum. The notice must include the total amount
2307+7 of the school corporation's expected need, the corresponding estimate
2308+8 of that amount divided by the number of students enrolled in the school
2309+9 corporation, and the date on which the governing body of the school
2310+10 corporation will vote on the resolution. The charter school must
2311+11 respond in writing to the school corporation, which may be by
2312+12 electronic mail addressed to the superintendent of the school
2313+13 corporation, at least fifteen (15) thirty (30) days prior to the date that
2314+14 the resolution described in subsection (a) is to be voted on by the
2315+15 governing body. If the charter school elects to not participate in the
2316+16 referendum, the school corporation may exclude distributions to the
2317+17 charter school under section 22 of this chapter and from the projection
2318+18 described in subsection (d). (c). If the A charter school that elects to
2319+19 will participate in the referendum the charter school may receive
2320+20 distributions under section 22 of this chapter and must be included in
2321+21 the projection described in subsection (d). (c). In addition, a charter
2322+22 school that elects to will participate in the referendum under this
2323+23 subsection shall contribute a proportionate share of the cost to conduct
2324+24 the referendum based on the total combined ADM of the school
2325+25 corporation and any participating charter schools.
2326+26 (j) (h) This subsection applies to a resolution described in
2327+27 subsection (a) for a county described in section 22(a) section 22 of this
2328+28 chapter that is adopted after May 10, 2023. At least thirty (30) days
2329+29 before the resolution described in subsection (a) referendum submitted
2330+30 to the voters under this chapter is voted on by the governing body,
2331+31 public in a primary or general election, the school corporation that is
2332+32 pursuing the resolution referendum and any charter school that has
2333+33 elected to will participate under subsection (i) (g) shall post a
2334+34 referendum disclosure statement on each school's respective website
2335+35 that contains the following information:
2336+36 (1) The salaries of all employees employed by position within the
2337+37 school corporation or charter school listed from highest salary to
2338+38 lowest salary and a link to Gateway Indiana for access to
2339+39 individual salaries.
2340+40 (2) An acknowledgment that the school corporation or charter
2341+41 school is not committing any crime described in IC 35-44.1-1.
2342+42 (3) A link to the school corporation's or charter school's most
2343+SB 518—LS 7334/DI 125 55
2344+1 recent state board of accounts audit on the state board of accounts'
2345+2 website.
2346+3 (4) The current enrollment of the school corporation or charter
2347+4 school disaggregated by student group and race.
2348+5 (5) The school corporation's or charter school's high school
2349+6 graduation rate.
2350+7 (6) The school corporation's or charter school's annual retention
2351+8 rate for teachers for the previous five (5) years.
2352+9 (i) Not later than May 20, 2025, the department of local
2353+10 government finance shall prescribe the manner in which a
2354+11 projection described in subsection (c) shall be calculated.
2355+12 SECTION 28. IC 20-46-9-7, AS AMENDED BY P.L.189-2023,
2356+13 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2357+14 MAY 10, 2025 (RETROACTIVE)]: Sec. 7. (a) A resolution to extend
2358+15 a referendum levy must be:
2359+16 (1) adopted by the governing body of a school corporation; and
2360+17 (2) approved in a referendum under this chapter;
2361+18 before December 31 of the final calendar year in which the school
2362+19 corporation's previously approved referendum levy is imposed under
2363+20 this chapter.
2364+21 (b) For a resolution adopted under this section:
2365+22 (1) after May 10, 2023, and before May 11, 2025, for a county
2366+23 described in section 22(a) of this chapter; and
2367+24 (2) after May 10, 2025, for all counties, as described in section
2368+25 22(b) of this chapter;
2369+26 the resolution must include the projected charter school distributions
2370+27 described in section 6(d) 6(c) of this chapter and indicate the
2371+28 distributions to applicable charter schools in accordance with section
2372+29 22 of this chapter.
2373+30 SECTION 29. IC 20-46-9-22, AS ADDED BY P.L.189-2023,
2374+31 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2375+32 MAY 10, 2025 (RETROACTIVE)]: Sec. 22. (a) This section applies
2376+33 to revenue received from a resolution that is approved by the governing
2377+34 body to impose a referendum levy under section 6 or 7 of this chapter
2378+35 after May 10, 2023, and before May 11, 2025, for a school corporation
2379+36 located in:
2380+37 (1) Lake County;
2381+38 (2) Marion County;
2382+39 (3) St. Joseph County; or
2383+40 (4) Vanderburgh County.
2384+41 (b) This section applies to revenue received from a resolution
2385+42 that is approved by the governing body after May 10, 2025, to
2386+SB 518—LS 7334/DI 125 56
2387+1 impose a referendum levy under section 6 or 7 of this chapter for
2388+2 a school corporation. However, this section does not apply to a
2389+3 school corporation for which less than one hundred (100) students
2390+4 who have legal settlement in the school corporation attend a
2391+5 charter school.
2392+6 (b) (c) The county auditor shall distribute an amount under
2393+7 subsection (d) (e) to each charter school, excluding virtual charter
2394+8 schools or adult high schools, that a student who resides within the
2395+9 attendance area of the school corporation attends if unless the charter
2396+10 school, excluding virtual charter schools or adult high schools, elects
2397+11 to not participate in the referendum under section 6(i) 6(g) of this
2398+12 chapter. The department shall provide the county auditor with data and
2399+13 information necessary for the county auditor to determine:
2400+14 (1) which charter schools, excluding virtual charter schools or
2401+15 adult high schools, are eligible to receive a distribution under this
2402+16 section; and
2403+17 (2) the number of all students who:
2404+18 (A) reside within the attendance area of the school corporation
2405+19 who are included in the ADM for each charter school,
2406+20 excluding virtual charter schools or adult high schools,
2407+21 described in subdivision (1); and
2408+22 (B) receive not more than fifty percent (50%) virtual
2409+23 instruction.
2410+24 (c) (d) The following schools are not eligible to receive a
2411+25 distribution under this section:
2412+26 (1) A virtual charter school.
2413+27 (2) An adult high school.
2414+28 (d) (e) This subsection applies only for distributions of revenue
2415+29 received from a resolution that is approved by the governing body
2416+30 after May 10, 2023, and before May 11, 2025, to impose a
2417+31 referendum levy under section 6 or 7 of this chapter for a school
2418+32 corporation described in subsection (a). For the purposes of the
2419+33 calculations made in this subsection, each eligible school that has
2420+34 entered into an agreement with a school corporation to participate as a
2421+35 participating innovation network charter school under IC 20-25.7-5 is
2422+36 considered to have an ADM that is separate from the school
2423+37 corporation. The amount that the county auditor shall distribute to a
2424+38 charter school, excluding virtual charter schools or adult high schools,
2425+39 under this section is the amount determined in the last STEP of the
2426+40 following STEPS:
2427+41 STEP ONE: Determine, for each charter school, excluding virtual
2428+42 charter schools or adult high schools, that is eligible to receive a
24412429 SB 518—LS 7334/DI 125 57
2442-1 school are expected to receive under this section.
2443-2 SECTION 30. IC 20-46-9-6, AS AMENDED BY P.L.162-2024,
2444-3 SECTION 26, AND AS AMENDED BY P.L.156-2024, SECTION 30,
2445-4 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
2446-5 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
2447-6 AMENDED TO READ AS FOLLOWS [EFFECTIVE MAY 10, 2025
2448-7 (RETROACTIVE)]: Sec. 6. (a) Subject to this chapter, the governing
2449-8 body of a school corporation may adopt a resolution to place a
2450-9 referendum under this chapter on the ballot if the governing body of the
2451-10 school corporation determines that a referendum levy should be
2452-11 imposed for measures to improve school safety as described in
2453-12 IC 20-40-20-6(a) or IC 20-40-20-6(b).
2454-13 (b) Except as provided in section 22 of this chapter, a school
2455-14 corporation may, with the approval of the majority of members of the
2456-15 governing body, distribute a portion of the proceeds of a tax levy
2457-16 collected under this chapter that is deposited in the fund to a charter
2458-17 school, excluding a virtual charter school, that is located within the
2459-18 attendance area of the school corporation, to be used by the charter
2460-19 school for the purposes described in IC 20-40-20-6(a).
2461-20 (c) (b) This subsection applies to a resolution described in
2462-21 subsection (a) section 22 of this chapter that is adopted after May 10,
2463-22 2023. in a county described in section 22(a) of this chapter. A
2464-23 resolution shall specify that a portion of the proceeds of the proposed
2465-24 levy will be distributed to applicable charter schools in the manner
2466-25 described under section 22 of this chapter if unless the charter school
2467-26 voluntarily elects to not participate in the referendum in the manner
2468-27 described in subsection (i). (g).
2469-28 (d) (c) This subsection applies to a resolution described in
2470-29 subsection (a) section 22 of this chapter that is adopted after May 10,
2471-30 2023. in a county described in section 22(a) of this chapter. The
2472-31 resolution described in subsection (a) shall include a projection of the
2473-32 amount that the school corporation expects to be distributed to a
2474-33 particular charter school, excluding virtual charter schools or adult high
2475-34 schools, under section 22 of this chapter that unless the charter school
2476-35 elects to not participate in the referendum under subsection (i). (g). At
2477-36 least sixty (60) days before the resolution described in subsection (a)
2478-37 is voted on by the governing body, the school corporation shall contact
2479-38 the department to determine the number of students in kindergarten
2480-39 through grade 12:
2481-40 (1) who have legal settlement in the school corporation but attend
2482-41 a charter school, excluding virtual charter schools or adult high
2483-42 schools; and
2484-SB 518—LS 7334/DI 125 58
2485-1 (2) who receive not more than fifty percent (50%) virtual
2486-2 instruction.
2487-3 Not later than fifty (50) days before the resolution is voted on by
2488-4 the governing body, the department shall provide the school
2489-5 corporation with the number of students with legal settlement in the
2490-6 school corporation who attend a charter school, excluding a virtual
2491-7 charter school or adult high school, and who receive not more than
2492-8 fifty percent (50%) virtual instruction, which shall be disaggregated
2493-9 for each particular charter school. excluding a virtual charter school or
2494-10 adult high school. The projection may include an expected increase in
2495-11 charter schools during the term the levy is imposed. The department of
2496-12 local government finance shall prescribe the manner in which the
2497-13 projection shall be calculated. The governing body shall take into
2498-14 consideration the projection when adopting the revenue spending plan
2499-15 under subsection (g). (e).
2500-16 (e) (d) The governing body of the school corporation shall certify a
2501-17 copy of the resolution to the following:
2502-18 (1) The department of local government finance, including:
2503-19 (A) the language for the question required by section 9 of this
2504-20 chapter, or in the case of a resolution to extend a referendum
2505-21 levy certified to the department of local government finance,
2506-22 section 10 of this chapter; and
2507-23 (B) a copy of the revenue spending plan adopted under
2508-24 subsection (g). (e).
2509-25 The language of the public question must include the estimated
2510-26 average percentage increases certified by the county auditor under
2511-27 section 9(d) or 10(f) of this chapter, as applicable. The governing
2512-28 body of the school corporation shall also provide the county
2513-29 auditor's certification described in section 9(d) or 10(f) of this
2514-30 chapter, as applicable. The department of local government
2515-31 finance shall post the values certified by the county auditor to the
2516-32 department's website. The department shall review the language
2517-33 for compliance with section 9 or 10 of this chapter, whichever is
2518-34 applicable, and either approve or reject the language. The
2519-35 department shall send its decision to the governing body of the
2520-36 school corporation not more than ten (10) days after both the
2521-37 certification of the county auditor described in section 9(d) or
2522-38 10(f) of this chapter, as applicable, and the resolution is are
2523-39 submitted to the department. If the language is approved, the
2524-40 governing body of the school corporation shall certify a copy of
2525-41 the resolution, including the language for the question and the
2526-42 department's approval.
2527-SB 518—LS 7334/DI 125 59
2528-1 (2) The county fiscal body of each county in which the school
2529-2 corporation is located (for informational purposes only).
2530-3 (3) The circuit court clerk of each county in which the school
2531-4 corporation is located.
2532-5 (f) Except as provided in section 22 of this chapter, the resolution
2533-6 described in subsection (a) must indicate whether proceeds in the
2534-7 school corporation's fund collected from a tax levy under this chapter
2535-8 will be used to provide a distribution to a charter school or charter
2536-9 schools, excluding a virtual charter school, under IC 20-40-20-6(b) as
2537-10 well as the amount that will be distributed to the particular charter
2538-11 school or charter schools. A school corporation may request from the
2539-12 designated charter school or charter schools any financial
2540-13 documentation necessary to demonstrate the financial need of the
2541-14 charter school or charter schools.
2542-15 (g) (e) As part of the resolution described in subsection (a), the
2543-16 governing body of the school corporation shall adopt a revenue
2544-17 spending plan for the proposed referendum tax levy that includes:
2545-18 (1) an estimate of the amount of annual revenue expected to be
2546-19 collected if a levy is imposed under this chapter;
2547-20 (2) the specific purposes described in IC 20-40-20-6 for which the
2548-21 revenue collected from a levy imposed under this chapter will be
2549-22 used;
2550-23 (3) an estimate of the annual dollar amounts that will be expended
2551-24 for each purpose described in subdivision (2); and
2552-25 (4) for a resolution for a referendum that is adopted after May 10,
2553-26 2023, for a county as described in section 22(a) 22 of this chapter,
2554-27 the projected revenue that shall be distributed to charter schools
2555-28 as provided in subsection (d). (c). The revenue spending plan
2556-29 shall also take into consideration deviations in the proposed
2557-30 revenue spending plan if the actual charter school distributions
2558-31 exceed or are lower than the projected charter school distributions
2559-32 described in subsection (d). (c). The resolution shall include for
2560-33 each charter school that elects to participate under subsection (i)
2561-34 (g) information described in subdivisions (1) through (3).
2562-35 (h) (f) A school corporation shall specify in its proposed budget the
2563-36 school corporation's revenue spending plan adopted under subsection
2564-37 (g) (e) and annually present the revenue spending plan at its public
2565-38 hearing on the proposed budget under IC 6-1.1-17-3.
2566-39 (i) (g) This subsection applies to a resolution described in
2567-40 subsection (a) for a county described in section 22(a) section 22 of this
2568-41 chapter that is adopted after May 10, 2023. At least forty-five (45) days
2569-42 before the resolution described in subsection (a) is voted on by the
2570-SB 518—LS 7334/DI 125 60
2571-1 governing body, the school corporation shall contact each charter
2572-2 school, excluding virtual charter schools or adult high schools,
2573-3 disclosed by the department to the school corporation under subsection
2574-4 (f) (c) to determine whether the charter school will elect to not
2575-5 participate in the referendum. The notice must include the total amount
2576-6 of the school corporation's expected need, the corresponding estimate
2577-7 of that amount divided by the number of students enrolled in the school
2578-8 corporation, and the date on which the governing body of the school
2579-9 corporation will vote on the resolution. The charter school must
2580-10 respond in writing to the school corporation, which may be by
2581-11 electronic mail addressed to the superintendent of the school
2582-12 corporation, at least fifteen (15) thirty (30) days prior to the date that
2583-13 the resolution described in subsection (a) is to be voted on by the
2584-14 governing body. If the charter school elects to not participate in the
2585-15 referendum, the school corporation may exclude distributions to the
2586-16 charter school under section 22 of this chapter and from the projection
2587-17 described in subsection (d). (c). If the A charter school that elects to
2588-18 will participate in the referendum the charter school may receive
2589-19 distributions under section 22 of this chapter and must be included in
2590-20 the projection described in subsection (d). (c). In addition, a charter
2591-21 school that elects to will participate in the referendum under this
2592-22 subsection shall contribute a proportionate share of the cost to conduct
2593-23 the referendum based on the total combined ADM of the school
2594-24 corporation and any participating charter schools.
2595-25 (j) (h) This subsection applies to a resolution described in
2596-26 subsection (a) for a county described in section 22(a) section 22 of this
2597-27 chapter that is adopted after May 10, 2023. At least thirty (30) days
2598-28 before the resolution described in subsection (a) referendum submitted
2599-29 to the voters under this chapter is voted on by the governing body,
2600-30 public in a primary or general election, the school corporation that is
2601-31 pursuing the resolution referendum and any charter school that has
2602-32 elected to will participate under subsection (i) (g) shall post a
2603-33 referendum disclosure statement on each school's respective website
2604-34 that contains the following information:
2605-35 (1) The salaries of all employees employed by position within the
2606-36 school corporation or charter school listed from highest salary to
2607-37 lowest salary and a link to Gateway Indiana for access to
2608-38 individual salaries.
2609-39 (2) An acknowledgment that the school corporation or charter
2610-40 school is not committing any crime described in IC 35-44.1-1.
2611-41 (3) A link to the school corporation's or charter school's most
2612-42 recent state board of accounts audit on the state board of accounts'
2613-SB 518—LS 7334/DI 125 61
2614-1 website.
2615-2 (4) The current enrollment of the school corporation or charter
2616-3 school disaggregated by student group and race.
2617-4 (5) The school corporation's or charter school's high school
2618-5 graduation rate.
2619-6 (6) The school corporation's or charter school's annual retention
2620-7 rate for teachers for the previous five (5) years.
2621-8 (i) Not later than May 20, 2025, the department of local
2622-9 government finance shall prescribe the manner in which a
2623-10 projection described in subsection (c) shall be calculated.
2624-11 SECTION 31. IC 20-46-9-7, AS AMENDED BY P.L.189-2023,
2625-12 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2626-13 MAY 10, 2025 (RETROACTIVE)]: Sec. 7. (a) A resolution to extend
2627-14 a referendum levy must be:
2628-15 (1) adopted by the governing body of a school corporation; and
2629-16 (2) approved in a referendum under this chapter;
2630-17 before December 31 of the final calendar year in which the school
2631-18 corporation's previously approved referendum levy is imposed under
2632-19 this chapter.
2633-20 (b) For a resolution adopted under this section:
2634-21 (1) after May 10, 2023, and before May 11, 2025, for a county
2635-22 described in section 22(a) of this chapter; and
2636-23 (2) after May 10, 2025, for all counties, as described in section
2637-24 22(b) of this chapter;
2638-25 the resolution must include the projected charter school distributions
2639-26 described in section 6(d) 6(c) of this chapter and indicate the
2640-27 distributions to applicable charter schools in accordance with section
2641-28 22 of this chapter.
2642-29 SECTION 32. IC 20-46-9-22, AS ADDED BY P.L.189-2023,
2643-30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2644-31 MAY 10, 2025 (RETROACTIVE)]: Sec. 22. (a) This section applies
2645-32 to revenue received from a resolution that is approved by the governing
2646-33 body to impose a referendum levy under section 6 or 7 of this chapter
2647-34 after May 10, 2023, and before May 11, 2025, for a school corporation
2648-35 located in:
2649-36 (1) Lake County;
2650-37 (2) Marion County;
2651-38 (3) St. Joseph County; or
2652-39 (4) Vanderburgh County.
2653-40 (b) This section applies to revenue received from a resolution
2654-41 that is approved by the governing body after May 10, 2025, to
2655-42 impose a referendum levy under section 6 or 7 of this chapter for
2656-SB 518—LS 7334/DI 125 62
2657-1 a school corporation. However, this section does not apply to a
2658-2 school corporation for which less than one hundred (100) students
2659-3 who have legal settlement in the school corporation attend a
2660-4 charter school, excluding a virtual charter school.
2661-5 (b) (c) The county auditor shall distribute an amount under
2662-6 subsection (d) (e) to each charter school, excluding virtual charter
2663-7 schools or adult high schools, that a student who resides within the
2664-8 attendance area of the school corporation attends if unless the charter
2665-9 school, excluding virtual charter schools or adult high schools, elects
2666-10 to not participate in the referendum under section 6(i) 6(g) of this
2667-11 chapter. The department shall provide the county auditor with data and
2668-12 information necessary for the county auditor to determine:
2669-13 (1) which charter schools, excluding virtual charter schools or
2670-14 adult high schools, are eligible to receive a distribution under this
2671-15 section; and
2672-16 (2) the number of all students who:
2673-17 (A) reside within the attendance area of the school corporation
2674-18 who are included in the ADM for each charter school,
2675-19 excluding virtual charter schools or adult high schools,
2676-20 described in subdivision (1); and
2677-21 (B) receive not more than fifty percent (50%) virtual
2678-22 instruction.
2679-23 (c) (d) The following schools are not eligible to receive a
2680-24 distribution under this section:
2681-25 (1) A virtual charter school.
2682-26 (2) An adult high school.
2683-27 (d) (e) This subsection applies only for distributions of revenue
2684-28 received from a resolution that is approved by the governing body
2685-29 after May 10, 2023, and before May 11, 2025, to impose a
2686-30 referendum levy under section 6 or 7 of this chapter for a school
2687-31 corporation described in subsection (a). For the purposes of the
2688-32 calculations made in this subsection, each eligible school that has
2689-33 entered into an agreement with a school corporation to participate as a
2690-34 participating innovation network charter school under IC 20-25.7-5 is
2691-35 considered to have an ADM that is separate from the school
2692-36 corporation. The amount that the county auditor shall distribute to a
2693-37 charter school, excluding virtual charter schools or adult high schools,
2694-38 under this section is the amount determined in the last STEP of the
2695-39 following STEPS:
2696-40 STEP ONE: Determine, for each charter school, excluding virtual
2697-41 charter schools or adult high schools, that is eligible to receive a
2698-42 distribution under this section, the number of students who reside
2699-SB 518—LS 7334/DI 125 63
2700-1 within the attendance area of the school corporation who are
2701-2 currently included in the ADM of the charter school.
2702-3 STEP TWO: Determine the sum of:
2703-4 (A) the current ADM count for the school corporation; plus
2704-5 (B) the total number of students who reside within the
2705-6 attendance area of the school corporation who are currently
2706-7 included in the ADM of a charter school, excluding virtual
2707-8 charter schools or adult high schools.
2708-9 STEP THREE: Determine the result of:
2709-10 (A) the STEP ONE amount; divided by
2710-11 (B) the STEP TWO amount.
2711-12 STEP FOUR: Determine the result of:
2712-13 (A) the STEP THREE amount; multiplied by
2713-14 (B) the amount collected by the county auditor during the most
2714-15 recent installment period.
2715-16 (f) This subsection applies only for distributions of revenue
2716-17 received from a resolution that is approved by the governing body
2717-18 after May 10, 2025, to impose a referendum levy under section 6 or
2718-19 7 of this chapter for a school corporation. For the purposes of the
2719-20 calculations made in this subsection, each eligible school that has
2720-21 entered into an agreement with a school corporation to participate
2721-22 as a participating innovation network charter school under
2722-23 IC 20-25.7-5 is considered to have an ADM that is separate from
2723-24 the school corporation. The amount that the county auditor shall
2724-25 distribute to a charter school, excluding virtual charter schools or
2725-26 adult high schools, under this section is the amount determined in
2726-27 the last STEP of the following:
2727-28 STEP ONE: Determine, for each charter school, excluding
2728-29 virtual charter schools or adult high schools, that is eligible to
2729-30 receive a distribution under this section, the number of
2730-31 students who:
2731-32 (A) reside within the attendance area of the school
2732-33 corporation who are currently included in the ADM of the
2733-34 charter school; and
2734-35 (B) receive not more than fifty percent (50%) virtual
2735-36 instruction.
2736-37 STEP TWO: Determine the sum of:
2737-38 (A) the current ADM count for the school corporation,
2738-39 excluding students who:
2739-40 (i) receive more than fifty percent (50%) virtual
2740-41 instruction; and
2741-42 (ii) attend the school corporation but do not have legal
2742-SB 518—LS 7334/DI 125 64
2743-1 settlement in the school corporation; plus
2744-2 (B) the total number of students who:
2745-3 (i) reside within the attendance area of the school
2746-4 corporation who are currently included in the ADM of
2747-5 a charter school, excluding virtual charter schools or
2748-6 adult high schools; and
2749-7 (ii) receive not more than fifty percent (50%) virtual
2750-8 instruction.
2751-9 STEP THREE: For each charter school, determine the result
2752-10 of:
2430+1 distribution under this section, the number of students who reside
2431+2 within the attendance area of the school corporation who are
2432+3 currently included in the ADM of the charter school.
2433+4 STEP TWO: Determine the sum of:
2434+5 (A) the current ADM count for the school corporation; plus
2435+6 (B) the total number of students who reside within the
2436+7 attendance area of the school corporation who are currently
2437+8 included in the ADM of a charter school, excluding virtual
2438+9 charter schools or adult high schools.
2439+10 STEP THREE: Determine the result of:
27532440 11 (A) the STEP ONE amount; divided by
27542441 12 (B) the STEP TWO amount.
2755-13 STEP FOUR: To determine the distribution amount for a
2756-14 charter school, determine the result of:
2757-15 (A) the STEP THREE amount; multiplied by
2758-16 (B) the amount collected by the county auditor during the
2759-17 most recent installment period.
2760-18 (e) (g) If a charter school receives a distribution under this section,
2761-19 the distribution may be used only for the purposes described in
2762-20 IC 20-40-20-6(a).
2763-21 SECTION 33. An emergency is declared for this act.
2764-SB 518—LS 7334/DI 125 65
2442+13 STEP FOUR: Determine the result of:
2443+14 (A) the STEP THREE amount; multiplied by
2444+15 (B) the amount collected by the county auditor during the most
2445+16 recent installment period.
2446+17 (f) This subsection applies only for distributions of revenue
2447+18 received from a resolution that is approved by the governing body
2448+19 after May 10, 2025, to impose a referendum levy under section 6 or
2449+20 7 of this chapter for a school corporation. For the purposes of the
2450+21 calculations made in this subsection, each eligible school that has
2451+22 entered into an agreement with a school corporation to participate
2452+23 as a participating innovation network charter school under
2453+24 IC 20-25.7-5 is considered to have an ADM that is separate from
2454+25 the school corporation. The amount that the county auditor shall
2455+26 distribute to a charter school, excluding virtual charter schools or
2456+27 adult high schools, under this section is the amount determined in
2457+28 the last STEP of the following:
2458+29 STEP ONE: Determine, for each charter school, excluding
2459+30 virtual charter schools or adult high schools, that is eligible to
2460+31 receive a distribution under this section, the number of
2461+32 students who:
2462+33 (A) reside within the attendance area of the school
2463+34 corporation who are currently included in the ADM of the
2464+35 charter school; and
2465+36 (B) receive not more than fifty percent (50%) virtual
2466+37 instruction.
2467+38 STEP TWO: Determine the sum of:
2468+39 (A) the current ADM count for the school corporation,
2469+40 excluding students who:
2470+41 (i) receive more than fifty percent (50%) virtual
2471+42 instruction; and
2472+SB 518—LS 7334/DI 125 58
2473+1 (ii) attend the school corporation but do not have legal
2474+2 settlement in the school corporation; plus
2475+3 (B) the total number of students who:
2476+4 (i) reside within the attendance area of the school
2477+5 corporation who are currently included in the ADM of
2478+6 a charter school, excluding virtual charter schools or
2479+7 adult high schools; and
2480+8 (ii) receive not more than fifty percent (50%) virtual
2481+9 instruction.
2482+10 STEP THREE: For each charter school, determine the result
2483+11 of:
2484+12 (A) the STEP ONE amount; divided by
2485+13 (B) the STEP TWO amount.
2486+14 STEP FOUR: To determine the distribution amount for a
2487+15 charter school, determine the result of:
2488+16 (A) the STEP THREE amount; multiplied by
2489+17 (B) the amount collected by the county auditor during the
2490+18 most recent installment period.
2491+19 (e) (g) If a charter school receives a distribution under this section,
2492+20 the distribution may be used only for the purposes described in
2493+21 IC 20-40-20-6(a).
2494+22 SECTION 30. An emergency is declared for this act.
2495+SB 518—LS 7334/DI 125 59
27652496 COMMITTEE REPORT
27662497 Mr. President: The Senate Committee on Tax and Fiscal Policy, to
27672498 which was referred Senate Bill No. 518, has had the same under
27682499 consideration and begs leave to report the same back to the Senate with
27692500 the recommendation that said bill be AMENDED as follows:
27702501 Page 4, line 34, delete "an applicable" and insert "a qualified".
27712502 Page 4, line 35, delete "the" and insert "the qualified".
27722503 Page 13, line 4, delete "an applicable" and insert "a qualified".
27732504 Page 13, line 5, delete "the" and insert "the qualified".
27742505 Page 18, line 9, delete "project." and insert "project. However, this
27752506 section does not apply to a school corporation for which less than
27762507 one hundred (100) students who have legal settlement in the school
27772508 corporation attend a charter school.".
27782509 Page 18, delete lines 10 through 11, begin a new paragraph and
27792510 insert:
27802511 "(b) The following definitions apply throughout this section:
27812512 (1) "ADM" has the meaning set forth in IC 20-18-2-2.
27822513 (2) "Qualified charter school" means a charter school located
27832514 within the attendance area of the school corporation.".
27842515 Page 18, line 15, delete "collected" and insert "collected to
27852516 qualified charter schools".
27862517 Page 18, line 21, delete "particular" and insert "qualified".
27872518 Page 18, line 23, delete "the" and insert "the qualified".
27882519 Page 18, line 30, delete "a" and insert "a qualified".
27892520 Page 18, line 38, delete "a" and insert "a qualified".
27902521 Page 18, line 40, delete "particular" and insert "qualified".
27912522 Page 19, line 2, delete "each" and insert "each qualified".
27922523 Page 19, line 5, delete "the" and insert "the qualified".
27932524 Page 19, line 10, delete "the charter school" and insert "the
27942525 qualified charter school".
27952526 Page 19, line 11, delete "the" and insert "the qualified".
27962527 Page 19, line 16, delete "the charter school" and insert "the
27972528 qualified charter school".
27982529 Page 19, line 17, delete "the" and insert "the qualified".
27992530 Page 19, line 19, delete "a" and insert "a qualified".
28002531 Page 19, line 23, delete "charter schools." and insert "qualified
28012532 charter schools.".
28022533 Page 19, line 26, delete "each" and insert "each qualified".
28032534 Page 19, line 28, delete "unless the" and insert "unless the
28042535 qualified".
28052536 Page 19, line 32, delete "which" and insert "which qualified".
2806-SB 518—LS 7334/DI 125 66
2537+SB 518—LS 7334/DI 125 60
28072538 Page 19, line 36, delete "each" and insert "each qualified".
28082539 Page 20, line 4, delete "a" and insert "a qualified".
28092540 Page 20, line 8, delete "each" and insert "each qualified".
28102541 Page 20, line 14, delete "charter" and insert "qualified charter".
28112542 Page 20, line 26, delete "a" and insert "a qualified".
28122543 Page 20, line 30, delete "each" and insert "each qualified".
28132544 Page 20, line 35, delete "charter" and insert "qualified charter".
28142545 Page 22, line 31, delete "to an applicable" and insert "to a qualified
28152546 charter school (as defined in IC 6-1.1-20-13.5(b),".
28162547 Page 22, line 32, delete "charter school, excluding" and insert
28172548 "excluding".
28182549 Page 25, line 7, delete "amounts under the".
28192550 Page 33, delete lines 35 through 41.
28202551 Page 34, line 26, delete "and other qualifying school".
28212552 Page 34, line 27, delete "corporations".
28222553 Page 35, line 41, delete "or a particular".
28232554 Page 35, line 42, delete "qualifying school corporation".
28242555 Page 36, line 1, delete "or qualifying school corporation".
28252556 Page 36, line 7, after "attend" delete ":".
28262557 Page 36, line 8, delete "(A)".
28272558 Page 36, line 9, delete "or".
28282559 Page 36, line 10, delete "(B) another qualifying school
28292560 corporation;".
28302561 Page 36, run in lines 7 through 10.
28312562 Page 36, line 16, delete "or qualifying school".
28322563 Page 36, line 17, delete "corporation".
28332564 Page 36, line 19, after "high school" delete ", and" and insert ".".
28342565 Page 36, line 20, delete "each particular qualifying school
28352566 corporation.".
28362567 Page 36, line 39, delete "and qualifying school corporations".
28372568 Page 36, line 42, delete "and qualifying".
28382569 Page 37, line 1, delete "school corporation".
28392570 Page 37, line 2, delete "and qualifying school corporation".
28402571 Page 37, line 4, delete "and qualifying school".
28412572 Page 37, line 5, delete "corporation".
28422573 Page 37, line 16, delete "and".
28432574 Page 37, line 17, delete "each qualifying school corporation".
28442575 Page 37, line 19, delete "or qualifying school corporation".
28452576 Page 37, line 24, delete "or".
28462577 Page 37, line 25, delete "qualifying school corporation".
28472578 Page 37, line 29, delete "or".
28482579 Page 37, line 30, delete "qualifying school corporation".
2849-SB 518—LS 7334/DI 125 67
2580+SB 518—LS 7334/DI 125 61
28502581 Page 37, line 32, delete "or qualifying school corporation".
28512582 Page 37, line 34, delete "or qualifying school corporation".
28522583 Page 37, line 36, strike "and".
28532584 Page 37, line 36, delete "qualifying school".
28542585 Page 37, line 37, delete "corporation".
28552586 Page 37, line 38, delete "and qualifying school corporation".
28562587 Page 37, line 42, delete "and qualifying" and insert ".".
28572588 Page 38, delete line 1.
28582589 Page 38, line 8, delete "or qualifying school".
28592590 Page 38, line 9, delete "corporation".
28602591 Page 39, line 2, delete "and qualifying".
28612592 Page 39, line 3, delete "school corporation".
28622593 Page 39, line 4, after "schools" delete "and".
28632594 Page 39, line 5, delete "applicable qualifying school corporations".
28642595 Page 39, delete lines 7 through 15.
28652596 Page 39, line 30, delete "corporation." and insert "corporation.
28662597 However, this section does not apply to a school corporation for
28672598 which less than one hundred (100) students who have legal
28682599 settlement in the school corporation attend a charter school.".
28692600 Page 39, line 33, delete "and to".
28702601 Page 39, line 34, delete "each qualifying school corporation".
28712602 Page 39, line 36, delete "or qualifying school corporation".
28722603 Page 39, line 41, reset in roman "and".
28732604 Page 40, line 6, after "instruction" delete ";" and insert ".".
28742605 Page 40, delete lines 7 through 15.
28752606 Page 41, line 19, delete "or a qualifying school corporation".
28762607 Page 41, line 20, delete "SIX or STEP SEVEN," and insert
28772608 "FOUR".
28782609 Page 41, line 21, delete "as applicable,".
28792610 Page 41, delete lines 31 through 38.
28802611 Page 41, line 39, delete "THREE:" and insert "TWO:".
28812612 Page 42, line 8, delete "or" and insert "and
28822613 (ii) receive not more than fifty percent (50%) virtual
28832614 instruction.".
28842615 Page 42, delete lines 9 through 11.
28852616 Page 42, line 12, delete "FOUR:" and insert "THREE:".
28862617 Page 42, line 15, delete "THREE" and insert "TWO".
28872618 Page 42, delete lines 16 through 19.
28882619 Page 42, line 20, delete "SIX:" and insert "FOUR:".
28892620 Page 42, line 22, delete "FOUR" and insert "THREE".
28902621 Page 42, delete lines 25 through 29.
28912622 Page 44, line 19, delete "corporation that:" and insert
2892-SB 518—LS 7334/DI 125 68
2623+SB 518—LS 7334/DI 125 62
28932624 "corporation:".
28942625 Page 44, line 20, delete "is" and insert "that is".
28952626 Page 44, line 21, delete "or".
28962627 Page 44, line 22, delete "was," and insert "that was,".
28972628 Page 44, line 24, delete "IC 6-1.1-20.3." and insert "IC 6-1.1-20.3;
28982629 or
28992630 (3) for which less than one hundred (100) students who have
29002631 legal settlement in the school corporation attend a charter
29012632 school.".
29022633 Page 46, delete lines 10 through 15.
29032634 Page 49, line 6, after "corporation" delete ":" and insert ",".
29042635 Page 49, line 7, delete "(A)".
29052636 Page 49, line 8, delete "schools; and" and insert "schools".
29062637 Page 49, delete line 9.
29072638 Page 49, run in lines 6 through 10.
29082639 Page 49, delete lines 20 through 27.
29092640 Page 49, line 28, delete "FOUR:" and insert "THREE:".
29102641 Page 49, line 32, delete "and" and insert "or".
29112642 Page 49, line 39, delete "or" and insert "and
29122643 (ii) receive not more than fifty percent (50%) virtual
29132644 instruction.".
29142645 Page 49, delete lines 40 through 42.
29152646 Page 50, line 1, delete "FIVE:" and insert "FOUR:".
29162647 Page 50, line 5, delete "FOUR" and insert "THREE".
29172648 Page 50, delete lines 6 through 10.
29182649 Page 50, line 14, after "auditor" delete ":".
29192650 Page 50, line 15, delete "(1)".
29202651 Page 50, line 17, delete "FIVE" and insert "FOUR".
29212652 Page 50, line 18, after "(a)" delete "; and" and insert ".".
29222653 Page 50, run in lines 14 through 18.
29232654 Page 50, delete lines 19 through 22.
29242655 Page 50, line 34, delete "corporation that:" and insert
29252656 "corporation:".
29262657 Page 50, line 35, delete "is" and insert "that is".
29272658 Page 50, line 36, delete "or".
29282659 Page 50, line 37, delete "was," and insert "that was,".
29292660 Page 50, line 39, delete "IC 6-1.1-20.3." and insert "IC 6-1.1-20.3;
29302661 or
29312662 (3) for which less than one hundred (100) students who have
29322663 legal settlement in the school corporation attend a charter
29332664 school.".
29342665 Page 51, line 6, delete "and".
2935-SB 518—LS 7334/DI 125 69
2666+SB 518—LS 7334/DI 125 63
29362667 Page 51, line 7, delete "each qualifying school corporation".
29372668 Page 51, line 10, delete "and each eligible qualifying school
29382669 corporation".
29392670 Page 51, line 28, delete "FIVE" and insert "FOUR".
29402671 Page 51, delete lines 29 through 36.
29412672 Page 51, line 39, delete "and an eligible qualifying school
29422673 corporation." and insert ".".
29432674 Page 51, line 41, after "charter school" delete "or a particular".
29442675 Page 51, line 42, delete "eligible qualifying school corporation".
29452676 Page 52, line 5, delete "particular:" and insert "particular eligible
29462677 charter school equal to:
29472678 (A) the result of STEP THREE of subsection (d) for the
29482679 eligible charter school; multiplied by
29492680 (B) thirty-three hundredths (0.33).".
29502681 Page 52, delete lines 6 through 13.
29512682 Page 52, line 15, delete "particular:" and insert "particular eligible
29522683 charter school equal to:
29532684 (A) the result of STEP THREE of subsection (d) for the
29542685 eligible charter school; multiplied by
29552686 (B) sixty-six hundredths (0.66).".
29562687 Page 52, delete lines 16 through 23.
29572688 Page 52, line 27, delete "corporation," and insert "corporation
29582689 and".
29592690 Page 52, line 27, after "school" delete ", and each qualifying".
29602691 Page 52, line 28, delete "school corporation".
29612692 Page 52, line 29, delete "corporation," and insert "corporation
29622693 and".
29632694 Page 52, line 29, after "charter school" delete ", and qualifying".
29642695 Page 52, line 30, delete "school corporation".
29652696 Page 53, line 1, delete "corporation," and insert "corporation and".
29662697 Page 53, line 1, after "school" delete ", and each qualifying".
29672698 Page 53, line 2, delete "school corporation".
29682699 Page 53, line 3, delete "corporation," and insert "corporation and".
29692700 Page 53, line 3, after "charter school" delete ", and qualifying
29702701 school".
29712702 Page 53, line 4, delete "corporation".
29722703 Page 58, line 4, delete "corporation." and insert "corporation.
29732704 However, this section does not apply to a school corporation for
29742705 which less than one hundred (100) students who have legal
29752706 settlement in the school corporation attend a charter school.".
29762707 Renumber all SECTIONS consecutively.
2977-SB 518—LS 7334/DI 125 70
2708+SB 518—LS 7334/DI 125 64
29782709 and when so amended that said bill do pass.
29792710 (Reference is to SB 518 as introduced.)
29802711 HOLDMAN, Chairperson
29812712 Committee Vote: Yeas 10, Nays 4.
2982-_____
2983-SENATE MOTION
2984-Mr. President: I move that Senate Bill 518 be amended to read as
2985-follows:
2986-Page 18, line 12, delete "school." and insert "school, excluding a
2987-virtual charter school.".
2988-Page 21, between lines 16 and 17, begin a new paragraph and insert:
2989-"SECTION 2. IC 20-24-3-19 IS ADDED TO THE INDIANA CODE
2990-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2991-1, 2025]: Sec. 19. (a) This section applies to a charter school that
2992-receives property tax revenue under any statute referred to in
2993-IC 20-24-7-6.1 and IC 20-24-7-6.2
2994-(b) As used in this section "executive" has the meaning set forth
2995-in IC 36-1-2-5.
2996-(c) In the case of a charter school that is located within a city,
2997-including a consolidated city, the executive shall appoint one (1)
2998-individual to serve as a member of the governing board of a
2999-charter school.
3000-(d) In the case of a charter school that is located in an
3001-unincorporated area within a county, the county executive shall
3002-appoint one (1) individual to serve as a member of the governing
3003-board of a charter school.
3004-SECTION 3. IC 20-24-4-1, AS AMENDED BY P.L.150-2024,
3005-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3006-JULY 1, 2025]: Sec. 1. (a) A charter must meet the following
3007-requirements:
3008-(1) Be a written instrument.
3009-(2) Be executed by an authorizer and an organizer.
3010-(3) Confer certain rights, franchises, privileges, and obligations
3011-on a charter school.
3012-(4) Confirm the status of a charter school as a public school.
3013-(5) Subject to subdivision (6)(E), be granted for:
3014-(A) not less than three (3) years or more than fifteen (15)
3015-SB 518—LS 7334/DI 125 71
3016-years; and
3017-(B) a fixed number of years agreed to by the authorizer and the
3018-organizer.
3019-(6) Provide for the following:
3020-(A) A review by the authorizer of the charter school's
3021-performance, including the progress of the charter school in
3022-achieving the academic goals set forth in the charter, at least
3023-one (1) time in each five (5) year period while the charter is in
3024-effect.
3025-(B) Renewal, if the authorizer and the organizer agree to renew
3026-the charter.
3027-(C) The renewal application must include guidance from the
3028-authorizer, and the guidance must include the performance
3029-criteria that will guide the authorizer's renewal decisions.
3030-(D) The renewal application process must, at a minimum,
3031-provide an opportunity for the charter school to:
3032-(i) present additional evidence, beyond the data contained in
3033-the performance report, supporting its case for charter
3034-renewal;
3035-(ii) describe improvements undertaken or planned for the
3036-charter school; and
3037-(iii) detail the charter school's plans for the next charter
3038-term.
3039-(E) Not later than the end of the calendar year in which the
3040-charter school seeks renewal of a charter, the governing board
3041-of a charter school seeking renewal shall submit a renewal
3042-application to the charter authorizer under the renewal
3043-application guidance issued by the authorizer. The authorizer
3044-shall make a final ruling on the renewal application not later
3045-than April 1 after the filing of the renewal application. A
3046-renewal granted under this clause is not subject to the three (3)
3047-year minimum described in subdivision (5). The April 1
3048-deadline does not apply to any review or appeal of a final
3049-ruling. After the final ruling is issued, the charter school may
3050-obtain further review by the authorizer of the authorizer's final
3051-ruling in accordance with the terms of the charter school's
3052-charter and the protocols of the authorizer.
3053-(7) Specify the grounds for the authorizer to:
3054-(A) revoke the charter before the end of the term for which the
3055-charter is granted; or
3056-(B) not renew a charter.
3057-(8) Set forth the methods by which the charter school will be held
3058-SB 518—LS 7334/DI 125 72
3059-accountable for achieving the educational mission and goals of
3060-the charter school, including the following:
3061-(A) Evidence of improvement in:
3062-(i) assessment measures, including the statewide assessment
3063-program measures;
3064-(ii) attendance rates;
3065-(iii) graduation rates (if appropriate);
3066-(iv) increased numbers of Indiana diplomas with a Core 40
3067-designation or increased numbers of Indiana diploma
3068-designations established under IC 20-19-2-21 and other
3069-college and career ready indicators including advanced
3070-placement participation and passage, dual credit
3071-participation and passage, and International Baccalaureate
3072-participation and passage (if appropriate);
3073-(v) increased numbers of Indiana diplomas with Core 40
3074-with academic honors and technical honors designations (if
3075-appropriate);
3076-(vi) student academic growth;
3077-(vii) financial performance and stability; and
3078-(viii) governing board performance and stewardship,
3079-including compliance with applicable laws, rules and
3080-regulations, and charter terms.
3081-(B) Evidence of progress toward reaching the educational
3082-goals set by the organizer.
3083-(9) Describe the method to be used to monitor the charter
3084-school's:
3085-(A) compliance with applicable law; and
3086-(B) performance in meeting targeted educational performance.
3087-(10) Specify that the authorizer and the organizer may amend the
3088-charter during the term of the charter by mutual consent and
3089-describe the process for amending the charter.
3090-(11) Describe specific operating requirements, including all the
3091-matters set forth in the application for the charter.
3092-(12) Specify a date when the charter school will:
3093-(A) begin school operations; and
3094-(B) have students attending the charter school.
3095-(13) Specify that records of a charter school relating to the
3096-school's operation and charter are subject to inspection and
3097-copying to the same extent that records of a public school are
3098-subject to inspection and copying under IC 5-14-3.
3099-(14) Specify that records provided by the charter school to the
3100-department or authorizer that relate to compliance by the
3101-SB 518—LS 7334/DI 125 73
3102-organizer with the terms of the charter or applicable state or
3103-federal laws are subject to inspection and copying in accordance
3104-with IC 5-14-3.
3105-(15) Specify that the charter school is subject to the requirements
3106-of IC 5-14-1.5.
3107-(16) This subdivision applies to a charter established or renewed
3108-for an adult high school after June 30, 2014. The charter must
3109-require:
3110-(A) that the school will offer flexible scheduling;
3111-(B) that students will not complete the majority of instruction
3112-of the school's curriculum online or through remote
3113-instruction;
3114-(C) that the school will offer dual credit or industry
3115-certification course work that aligns with career pathways as
3116-recommended by the Indiana career council established by
3117-IC 22-4.5-9-3 (expired); and
3118-(D) a plan:
3119-(i) to support successful program completion and to assist
3120-transition of graduates to the workforce or to a
3121-postsecondary education upon receiving a diploma from the
3122-adult high school; and
3123-(ii) to review individual student accomplishments and
3124-success after a student receives a diploma from the adult
3125-high school.
3126-(17) In the case of a charter school that is subject to
3127-IC 20-24-3-19, the charter must confirm that at least one (1)
3128-member of the governing board of the charter school will be
3129-appointed in accordance with IC 20-24-3-19.
3130-(b) A charter school shall set annual performance targets in
3131-conjunction with the charter school's authorizer. The annual
3132-performance targets shall be designed to help each school meet
3133-applicable federal, state, and authorizer expectations.".
3134-Page 21, line 38, delete "2026," and insert "2028,".
3135-Page 21, line 40, delete "and".
3136-Page 21, delete lines 41 through 42, begin a new line block indented
3137-and insert:
3138-"(2) after December 31, 2025, in the case of a tax levy imposed
3139-under IC 20-46-7 by the governing body of a school
3140-corporation; and
3141-(3) after December 31, 2027, in the case of a tax levy imposed
3142-under IC 20-46-8 by the governing body of a school
3143-corporation.".
3144-SB 518—LS 7334/DI 125 74
3145-Page 22, delete line 1.
3146-Page 22, line 2, after "In calendar year 2025," insert "2026, and
3147-2027,".
3148-Page 22, delete lines 9 through 17, begin a new paragraph and
3149-insert:
3150-"(c) This subsection applies as follows:
3151-(1) Beginning in calendar year 2026, and each year thereafter,
3152-the county auditor shall distribute money that is received as
3153-part of a tax levy collected under IC 20-46-7 to an eligible
3154-charter school, excluding a virtual charter school and adult
3155-high school, in the manner prescribed by IC 20-46-7-17 for
3156-deposit in the charter school's operations fund created under
3157-IC 20-40-18-1.
3158-(2) Beginning in calendar year 2028, and each year thereafter,
3159-the county auditor shall distribute money that is received as
3160-part of a tax levy collected under IC 20-46-8 to an eligible
3161-charter school, excluding a virtual charter school and adult
3162-high school, in the manner prescribed by IC 20-46-8-13 for
3163-deposit in the charter school's operations fund created under
3164-IC 20-40-18-1.
3165-The distributions shall be made at the same time that tax levy
3166-revenue is required to be distributed to school corporations.".
3167-Page 22, line 41, delete "IC 6-1.1-20-13.5(b)," and insert "IC
3168-6-1.1-20-13.5(b)),".
3169-Page 23, line 1, delete "IC 6-1.1-20-13.5." and insert "IC
3170-6-1.1-20-13.5. A qualified charter school (as defined in
3171-IC 6-1.1-20-13.5(b)) shall establish a separate account into which
3172-revenue received from a tax levy under IC 6-1.1-20 must be
3173-deposited.".
3174-Page 23, between lines 18 and 19, begin a new paragraph and insert:
3175-"SECTION 7. IC 20-24-7-17 IS ADDED TO THE INDIANA CODE
3176-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3177-1, 2025]: Sec. 17. (a) This section is in addition to any other
3178-requirement imposed on a charter school with respect to the
3179-closure of a charter school, including the payment of any
3180-outstanding debts.
3181-(b) In the case of a charter school that closes after the June or
3182-December distribution of property tax revenue, the charter school
3183-shall return any property tax revenue received from a levy
3184-referred to in sections 6.1 and 6.2 of this chapter to the school
3185-corporation in which the charter school is located. A charter school
3186-that closes is not entitled to any future distributions of property tax
3187-SB 518—LS 7334/DI 125 75
3188-revenue from a levy referred to in sections 6.1 and 6.2 of this
3189-chapter.
3190-(c) If a charter school has outstanding debt at the time of the
3191-closure, the charter school must satisfy the outstanding debt in
3192-accordance with the following:
3193-(1) If the charter school owns the building but did not
3194-purchase the building under IC 20-26-7.1, the charter school
3195-must first sell the building and apply the proceeds received
3196-from the sale to pay off the outstanding debt.
3197-(2) If subdivision (1) does not apply, the charter school must
3198-satisfy the debt by means of any other revenue source legally
3199-available to the charter school.
3200-(d) A charter school that closes must notify the county fiscal
3201-body of the county in which the charter school is located of the
3202-closure and provide the county fiscal body with a certified copy of
3203-the resolution adopted by the charter school's governing body to
3204-close the charter school.".
3205-Page 39, line 16, delete "school." and insert "school, excluding a
3206-virtual charter school.".
3207-Page 43, line 26, delete "school." and insert "school, excluding a
3208-virtual charter school.".
3209-Page 45, line 15, delete "2026," and insert "2028,".
3210-Page 45, line 24, after "In calendar year 2025," insert "2026, and
3211-2027,".
3212-Page 47, line 38, delete "2025," and insert "2027,".
3213-Page 48, line 4, after "schools" insert ",".
3214-Page 49, line 6, delete "2025," and insert "2027,".
3215-Page 49, line 17, delete "school." and insert "school, excluding a
3216-virtual charter school.".
3217-Page 49, line 22, delete "calendar year 2026," and insert "calendar
3218-year 2028,".
3219-Page 49, line 23, delete "(g)," and insert "(i),".
3220-Page 49, line 28, delete "Subject to subsection (e)," and insert
3221-"Subject to subsections (e), (f), and (g),".
3222-Page 49, line 39, delete "May 10, 2025," and insert "January 1,
3223-2027,".
3224-Page 50, line 5, delete "applies" and insert "applies to a school
3225-corporation for which less than five hundred (500) students who
3226-have legal settlement in the school corporation attend a charter
3227-school and".
3228-Page 50, line 6, delete "2026 and 2027" and insert "2028 and 2029".
3229-Page 50, line 12, delete "2026," and insert "2028,".
3230-SB 518—LS 7334/DI 125 76
3231-Page 50, line 18, delete "2027," and insert "2029,".
3232-Page 50, line 24, delete "2028." and insert "2030.".
3233-Page 50, between lines 24 and 25, begin a new paragraph and insert:
3234-"(f) In the case of a school corporation for which at least five
3235-hundred (500) students but less than five thousand (5,000) students
3236-who have legal settlement in the school corporation attend a
3237-charter school, the county auditor shall make distributions
3238-according to the following:
3239-(1) For a distribution in 2028, the county auditor shall
3240-distribute an amount for a particular eligible charter school
3241-equal to:
3242-(A) the result of STEP THREE of subsection (d) for the
3243-eligible charter school; multiplied by
3244-(B) twenty-five hundredths (0.25).
3245-(2) For a distribution in 2029, the county auditor shall
3246-distribute an amount for a particular eligible charter school
3247-equal to:
3248-(A) the result of STEP THREE of subsection (d) for the
3249-eligible charter school; multiplied by
3250-(B) five-tenths (0.5).
3251-(3) For a distribution in 2030, the county auditor shall
3252-distribute an amount for a particular eligible charter school
3253-equal to:
3254-(A) the result of STEP THREE of subsection (d) for the
3255-eligible charter school; multiplied by
3256-(B) seventy-five hundredths (0.75).
3257-(4) For a distribution in 2031 and each year thereafter, the
3258-county auditor shall distribute an amount for a particular
3259-eligible charter school equal to:
3260-(A) the result of STEP THREE of subsection (d) for the
3261-eligible charter school; multiplied by
3262-(B) one (1).
3263-(g) In the case of a school corporation for which at least five
3264-thousand (5,000) students who have legal settlement in the school
3265-corporation attend a charter school, the county auditor shall make
3266-distributions according to the following:
3267-(1) For a distribution in 2028, the county auditor shall
3268-distribute an amount for a particular eligible charter school
3269-equal to:
3270-(A) the result of STEP THREE of subsection (d) for the
3271-eligible charter school; multiplied by
3272-(B) two-tenths (0.2).
3273-SB 518—LS 7334/DI 125 77
3274-(2) For a distribution in 2029, the county auditor shall
3275-distribute an amount for a particular eligible charter school
3276-equal to:
3277-(A) the result of STEP THREE of subsection (d) for the
3278-eligible charter school; multiplied by
3279-(B) four-tenths (0.4).
3280-(3) For a distribution in 2030, the county auditor shall
3281-distribute an amount for a particular eligible charter school
3282-equal to:
3283-(A) the result of STEP THREE of subsection (d) for the
3284-eligible charter school; multiplied by
3285-(B) six-tenths (0.6).
3286-(4) For a distribution in 2031, the county auditor shall
3287-distribute an amount for a particular eligible charter school
3288-equal to:
3289-(A) the result of STEP THREE of subsection (d) for the
3290-eligible charter school; multiplied by
3291-(B) eight-tenths (0.8).
3292-(5) For a distribution in 2032 and each year thereafter, the
3293-county auditor shall distribute an amount for a particular
3294-eligible charter school equal to:
3295-(A) the result of STEP THREE of subsection (d) for the
3296-eligible charter school; multiplied by
3297-(B) one (1).".
3298-Page 50, line 25, delete "(f)" and insert "(h)".
3299-Page 50, line 25, delete "2025," and insert "2027,".
3300-Page 50, line 30, delete "(g)" and insert "(i)".
3301-Page 50, line 32, delete "2025," and insert "2027,".
3302-Page 50, line 40, delete "(h)" and insert "(j)".
3303-Page 50, line 40, delete "2026," and insert "2028,".
3304-Page 52, line 11, delete "school." and insert "school.".
3305-Page 56, line 5, delete "school." and insert "school, excluding a
3306-virtual charter school.".
3307-Renumber all SECTIONS consecutively.
3308-(Reference is to SB 518 as printed February 12, 2025.)
3309-ROGERS
33102713 SB 518—LS 7334/DI 125