Sale or lease of covered school building to charter school; petition to transfer school building back to school corporation; cost of capital improvements
Ind. Code § 20-26-7.1-5.3
in effectSec. 5.3. (a) This section applies to a covered school building to which the following apply:
(1) The covered school building was purchased or leased by a charter school under this chapter.
(2) The total student enrollment for in-person instruction in the school building in the current school year is at least ten percent (10%) less than the student enrollment for in-person instruction in the school building in a school year that precedes the current school year by five (5).
(b) A school corporation may not petition the department under subsection (c) within the first five (5) years after a charter school purchased or initially leased a covered school building under this chapter.
(c) Subject to subsection (f), if:
(1) the number of full-time equivalent students enrolled for in-person instruction in a school building on instructional days (as determined under IC 20-30-2) for instructional purposes for a school year is not at least fifty percent (50%) of the classroom design capacity of the school building; and
(2) it is consistent with the needs of the school corporation's strategic plan;
the school corporation that leased or sold the school building to the charter school may file a petition with the department requesting that the charter school transfer the school building back to the school corporation.
(d) Before filing a petition under subsection (c), the school corporation must give written notice to the charter school to determine whether an agreement can be reached regarding transferring the school building to the school corporation.
(e) A petition filed under this section is subject to the same procedures under IC 20-26-7-47 as a petition filed under IC 20-26-7-47(h).
(f) For purposes of determining classroom design capacity under subsection (c), if a charter school reconfigures a school building after the charter school leases or purchases the school building, the classroom design capacity must be determined based on the reconfigured school building and not the classroom design capacity of the school building at the time of the lease or purchase.
(g) As a condition precedent for a school corporation to receive a school building back from a charter school, the school corporation shall pay the charter school the cost of capital improvements the charter school made to the school building minus depreciation.
As added by P.L.189-2023, SEC.19. Amended by P.L.36-2024, SEC.7; P.L.151-2026, SEC.15.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026