SB 384-34_ Filed 02/29/2012, 08:13 Behning


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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 384 be amended to read as follows:

SOURCE: Page 4, line 1; (12)MO038414.4. -->     Page 4, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 20-26-7-1; (12)MO038414.3. -->     "SECTION 3. IC 20-26-7-1, AS AMENDED BY P.L.91-2011, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this section:
        (1) "charter school" includes an entity seeking final approval from a sponsor to operate a charter school; and
        (2) "school calendar year" refers to the period during which student instructional days are conducted under IC 20-30-2-2.

    (a) (b) 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 and subsections (d) through (n).
    (b) (c) Money derived from the sale or exchange of property under this section shall be placed in any school fund:
        (1) established under applicable law; and
        (2) that the governing body considers appropriate.
    (c) (d) A governing body may not make a covenant that prohibits the sale of real property to another educational institution.
    (d) (e) This subsection does not apply to a school building that on July 1, 2011, is leased or loaned by the school corporation that owns the school building to another entity until the term of the lease or

loan in effect on July 1, 2011, expires. A governing body shall make available for lease or purchase to any charter school (as defined in IC 20-24-1-4) any school building owned by the school corporation that:
        (1) either: (A) is not regularly used in whole or in part during the school calendar year for classroom instruction or student extracurricular activities at the time the charter school seeks to lease the building or and (B) that appears on the list compiled by the department under subsection (e); (f); and
        (2) was previously used for classroom instruction; and
        (3) is not under contract for construction or improvement on the date the charter school seeks to lease the school building to allow, within two (2) years, the regular use of the school building during the school calendar year for classroom instruction or student extracurricular activities.

in order for the charter school to conduct classroom instruction.
    (e) (f) Each governing body shall inform the department whenever a school building that was previously used for classroom instruction is closed, unused, or unoccupied. The department shall maintain a list of closed, unused, or unoccupied school buildings and make the list available on the department's Internet web site. Each school corporation shall provide a list of closed, unused, or unoccupied buildings to the department by the date set by the department. The department must update the list at least once each year before August 31.
     (g) If a superintendent or governing body fails to place an unused school building on the department's list under subsection (f) or to transfer control of an unused school building on the list to a charter school that properly requests the school building, the department shall order the governing body to hold a public hearing to discuss the failure to place the unused school building on the department's list or to transfer control of the unused school building. The governing body shall send the minutes of the hearing to the department to demonstrate the governing body's compliance with the order. One hundred eighty (180) days after the date of the department's order, if the governing body has not held the required public hearing, the department may withhold a part of the state funding due to the school corporation until the hearing has been held.
    (f) (h) A school building that appears for the first time on the department's list under subsection (e) (f) shall be designated as "Unavailable until (a date two (2) years after the school building first appears on the list)" if the governing body of the school corporation that owns the school building indicates the school building may be reclaimed during that period for classroom instruction, which must begin not later than one (1) year after the school building is reclaimed.

If the school building remains unused for classroom instruction one (1) year after being reclaimed, the governing body shall place the school building on the department's list. A governing body may reclaim a school building only one (1) time under this subsection.
    (g) (i) If a charter school wishes to use a school building on the list created under subsection (e), (f), the charter school shall send a letter of intent to the department. The department shall notify the school corporation of the charter school's intent, and the school corporation that owns the school building shall lease the school building to the charter school for one dollar ($1) per year for as long as the charter school uses the school building for classroom instruction or for a term at the charter school's discretion, or sell the school building to the charter school for one dollar ($1). The charter school must begin to use the school building for classroom instruction not later than two (2) years after acquiring the school building. If the school building is not used for classroom instruction within two (2) years after acquiring the school building, the school building shall be placed on the department's list under subsection (e). (f). If during the term of the lease the charter school closes or ceases using the school building for classroom instruction, the school building shall be placed on the department's list under subsection (e). (f).
    (h) (j) During the term of a lease under subsection (g), (i), the charter school is responsible for the direct expenses related to the school building leased, including utilities, insurance, maintenance, repairs, and remodeling. The school corporation is responsible for any debt incurred for or liens that attached to the school building before the charter school leased the school building.
     (k) A school corporation retains any debt associated with a school building if the school corporation sells the building to a charter school under subsection (i).
    (i) (l) If a school building appears on the department's list under subsection (e) (f) for at least forty-eight (48) months, the school corporation may sell or otherwise dispose of the school building in any manner the governing body considers appropriate.
     (m) A school corporation or governing body may not lease or sell any closed, unused, or unoccupied school building except as specifically provided in this section.
    (n) If any closed, unused, or unoccupied school building is or has been leased or sold in contravention of this section, the lease or sale


is invalid and the building must be placed on the department's list under subsection (f) immediately.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 384 as printed February 27, 2012.)

________________________________________

Representative Behning


MO038414/DI 116     2012