Reprinted
February 18, 2009
SENATE BILL No. 227
_____
DIGEST OF SB 227
(Updated February 17, 2009 2:51 pm - DI 71)
Citations Affected: IC 5-1.4; IC 20-20; IC 20-24; IC 20-26.
Synopsis: Charter school access to various funds and facilities. Allows
any charter school located in Indianapolis to have access to funds from
the Indianapolis bond bank. (Current law allows only charter schools
established by the mayor to have access.) Provides that a charter school
may receive technology funds. Provides that a charter school may
provide services and receive funding for providing services to a
preschool child in the same manner as other public schools. Requires
a school corporation to report closed, vacant, or unused facilities to the
department of education for publication on the Internet unless the
school corporation has written plans for the reuse of a facility. Provides
that the vacant facilities must be offered for sale to charter schools and
other educational institutions before the facilities may be otherwise
sold.
Effective: July 1, 2009.
Lubbers
, Wyss
January 7, 2009, read first time and referred to Committee on Education and Career
Development.
February 12, 2009, amended, reported favorably _ Do Pass.
February 17, 2009, read second time, amended, ordered engrossed.
Reprinted
February 18, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in
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SENATE BILL No. 227
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-1.4-1-10; (09)SB0227.2.1. -->
SECTION 1. IC 5-1.4-1-10, AS AMENDED BY P.L.1-2005,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 10. "Qualified entity" means the following:
(1) A city.
(2) A county.
(3) A special taxing district located wholly within a county.
(4) Any entity whose tax levies are subject to review and
modification by a city-county legislative body under IC 36-3-6-9.
(5) A political subdivision (as defined in IC 36-1-2-13) that is
located wholly within a county:
(A) that has a population of:
(i) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(ii) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); or
(B) containing a city that:
(i) is described in section 5(3) of this chapter; and
(ii) has a public improvement bond bank under this article.
(6) A charter school established under IC 20-24 that is sponsored
by the executive of located within a consolidated city.
(7) Any authority created under IC 36 that leases land or facilities
to any qualified entity listed in subdivisions (1) through (6).
SOURCE: IC 20-20-13-3; (09)SB0227.2.2. -->
SECTION 2. IC 20-20-13-3, AS ADDED BY P.L.218-2005,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. As used in sections 13 through 24 of this
chapter, "school corporation" includes, except as otherwise provided
in this chapter, the Indiana School for the Blind and Visually Impaired
established by IC 20-21-2-1, and the Indiana School for the Deaf
established by IC 20-22-2-1, and a charter school established under
IC 20-24.
SOURCE: IC 20-24-7-13; (09)SB0227.2.3. -->
SECTION 3. IC 20-24-7-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 13. A charter school may provide services and receive
funding for providing services for any child who is eligible to
receive funding from a public school.
SOURCE: IC 20-26-7-1; (09)SB0227.2.4. -->
SECTION 4. IC 20-26-7-1, AS AMENDED BY P.L.234-2007,
SECTION 227, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. (a) If a governing body of a
school corporation determines that any real or personal property:
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, be
exchanged for other property;
the governing body may sell or exchange the property in accordance
with IC 36-1-11.
(b) Money derived from the sale or exchange of property under this
section
and section 1.5 of this chapter shall be placed in any school
fund:
(1) established under applicable law; and
(2) that the governing body considers appropriate.
(c) A governing body may not make a covenant that prohibits the
sale of real property to another educational institution.
(d) Each governing body shall make an annual report to the
department of vacant, closed, or unused school facilities owned by
the school corporation. If a governing body has approved a plan to
reuse or lease a vacant, closed, or unused school facility within
three (3) years, the governing body is not required under this
subsection to report the school facility. The department shall
publish the list on the web site maintained by the department. If
the department learns of additional vacant, closed, or unused
school facilities not reported by a school corporation, the
department shall add the facilities to the published list.
SOURCE: IC 20-26-7-1.5; (09)SB0227.2.5. -->
SECTION 5. IC 20-26-7-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]
Sec. 1.5. (a) After a school facility owned by a school
corporation appears on the list of vacant, closed, or unused school
facilities published by the department under section 1(d) of this
chapter, the governing body shall offer the school facility to
charter schools and other educational institutions for:
(1) purchase; or
(2) lease, if a charter school or other educational institution is
unable to purchase the facility;
before offering the school facility for sale or exchange under
section 1 of this chapter.
(b) The sale or lease price for a school facility described under
subsection (a):
(1) must be based on the fair market value of the school
facility; and
(2) may not be based on the replacement value of the school
facility.
(c) Notwithstanding subsection (b), a governing body may sell
or lease a school facility described in subsection (a) for a price that
is greater than the fair market value of the school facility.