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
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
(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.)