Bill Text: IN HB1002 | 2011 | Regular Session | Amended
Bill Title: Charter schools.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-16 - SECTIONS 26 through 32 effective 07/01/2011 [HB1002 Detail]
Download: Indiana-2011-HB1002-Amended.html
Citations Affected: IC 4-4; IC 5-10; IC 20-24; IC 20-27; IC 20-43;
IC 20-46; IC 20-49; noncode.
Effective: Upon passage; July 1, 2011; January 1, 2012.
January 13, 2011, read first time and referred to Committee on Education.
January 25, 2011, amended, reported _ Do Pass.
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 this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) the acquisition of land, site improvements, infrastructure improvements, buildings, or structures, the rehabilitation, renovation, and enlargement of buildings and structures, machinery, equipment, furnishings, or facilities (or any combination of these):
(A) comprising or being functionally related and subordinate to any aquaria, botanical societies, historical societies, libraries, museums, performing arts associations or societies, scientific societies, zoological societies, and independent elementary, secondary, or postsecondary educational institution (or any combination of these) that engages in the
cultural, intellectual, scientific, educational, or artistic
enrichment of the people of the state the development or
expansion of which serves the purposes set forth in
IC 4-4-11-2;
(B) is not used or to be used primarily for sectarian instruction
or study or as a place for devotional activities; and
(C) is not used or to be used primarily in connection with any
part of the program of a school or department of divinity for
any religious denomination; or
(2) funding (including reimbursement or refinancing) by a
nonprofit organization described in subsection (b) of:
(A) real property and improvements;
(B) personal property; or
(C) noncapital costs to fund a judgment, a settlement, or other
cost or liability, other than an ordinary and recurring operating
cost or expenditure; or
(3) funding (including reimbursement or refinancing) by the
department of education of:
(A) real property and improvements;
(B) personal property; or
(C) noncapital costs to fund a judgment, a settlement, or
other cost or liability, other than an ordinary and
recurring operating cost or expenditure;
of a charter school (as defined in IC 20-24-1-4) through the
charter school facilities aid fund established by IC 20-24-12-4
or the charter school facilities revolving loan fund established
by IC 20-24-13-4.
(b) For purposes of subsection (a)(2), a nonprofit organization must
be:
(1) qualified as tax exempt under Section 501(c)(3) of the Internal
Revenue Code; and
(2) have headquarters or a primary educational or exhibit facility
located on property owned by or titled in the name of the state of
Indiana or an agency, a commission, or an instrumentality of the
state of Indiana that serves the purposes set forth in IC 4-4-11-2.
(1) Have perpetual succession as a body politic and corporate and
an independent instrumentality exercising essential public
functions.
(2) Without complying with IC 4-22-2, adopt, amend, and repeal
bylaws, rules, guidelines, and policies not inconsistent with the
affected statutes, and necessary or convenient to regulate its
affairs and to carry into effect the powers, duties, and purposes of
the authority and conduct its business under the affected statutes.
These bylaws, rules, guidelines, and policies must be made by a
resolution of the authority introduced at one (1) meeting and
approved at a subsequent meeting of the authority.
(3) Sue and be sued in its own name.
(4) Have an official seal and alter it at will.
(5) Maintain an office or offices at a place or places within the
state as it may designate.
(6) Make, execute, and enforce contracts and all other instruments
necessary, convenient, or desirable for the purposes of the
authority or pertaining to:
(A) a purchase, acquisition, or sale of securities or other
investments; or
(B) the performance of the authority's duties and execution of
any of the authority's powers under the affected statutes.
(7) Employ architects, engineers, attorneys, inspectors,
accountants, agriculture experts, silviculture experts, aquaculture
experts, and financial experts, and such other advisors,
consultants, and agents as may be necessary in its judgment and
to fix their compensation.
(8) Procure insurance against any loss in connection with its
property and other assets, including loans and loan notes in
amounts and from insurers as it may consider advisable.
(9) Borrow money, make guaranties, issue bonds, and otherwise
incur indebtedness for any of the authority's purposes, and issue
debentures, notes, or other evidences of indebtedness, whether
secured or unsecured, to any person, as provided by the affected
statutes. Notwithstanding any other law, the:
(A) issuance by the authority of any indebtedness that
establishes a procedure for the authority or a person acting on
behalf of the authority to certify to the general assembly the
amount needed to restore a debt service reserve fund or
another fund to required levels; or
(B) execution by the authority of any other agreement that
creates a moral obligation of the state to pay all or part of any
indebtedness issued by the authority;
is subject to review by the budget committee and approval by the budget director.
(10) Procure insurance or guaranties from any public or private entities, including any department, agency, or instrumentality of the United States, for payment of any bonds issued by the authority, including the power to pay premiums on any insurance or reinsurance.
(11) Purchase, receive, take by grant, gift, devise, bequest, or otherwise, and accept, from any source, aid or contributions of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of the affected statutes, subject to the conditions upon which the grants or contributions are made, including but not limited to gifts or grants from any department, agency, or instrumentality of the United States, and lease or otherwise acquire, own, hold, improve, employ, use, and otherwise deal in and with real or personal property or any interest in real or personal property, wherever situated, for any purpose consistent with the affected statutes.
(12) Enter into agreements with any department, agency, or instrumentality of the United States or this state and with lenders and enter into loan agreements, sales contracts, and leases with contracting parties, including participants (as defined in IC 13-11-2-151.1) for any purpose permitted under IC 13-18-13 or IC 13-18-21, borrowers, lenders, developers, or users, for the purpose of planning, regulating, and providing for the financing and refinancing of any agricultural enterprise (as defined in IC 5-28-31-1), rural development project (as defined in IC 5-28-31-20), industrial development project, purpose permitted under IC 13-18-13 and IC 13-18-21, or international exports, and distribute data and information concerning the encouragement and improvement of agricultural enterprises and agricultural employment, rural development projects, industrial development projects, international exports, and other types of employment in the state undertaken with the assistance of the authority under this chapter.
(13) Enter into contracts or agreements with lenders and lessors for the servicing and processing of loans and leases pursuant to the affected statutes.
(14) Provide technical assistance to local public bodies and to profit and nonprofit entities in the development or operation of agricultural enterprises, rural development projects, and industrial development projects.
(15) To the extent permitted under its contract with the holders of the bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party.
(16) To the extent permitted under its contract with the holders of bonds of the authority, enter into contracts with any lender containing provisions enabling it to reduce the rental or carrying charges to persons unable to pay the regular schedule of charges when, by reason of other income or payment by any department, agency, or instrumentality of the United States of America or of this state, the reduction can be made without jeopardizing the economic stability of the agricultural enterprise, rural development project, or industrial development project being financed.
(17) Notwithstanding IC 5-13, but subject to the requirements of any trust agreement entered into by the authority, invest:
(A) the authority's money, funds, and accounts;
(B) any money, funds, and accounts in the authority's custody; and
(C) proceeds of bonds or notes;
in the manner provided by an investment policy established by resolution of the authority.
(18) Fix and revise periodically, and charge and collect, fees and charges as the authority determines to be reasonable in connection with:
(A) the authority's loans, guarantees, advances, insurance, commitments, and servicing; and
(B) the use of the authority's services or facilities.
(19) Cooperate and exchange services, personnel, and information with any federal, state, or local government agency, or instrumentality of the United States or this state.
(20) Sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority.
(21) Enter into agreements concerning, and acquire, hold, and dispose by any lawful means, land or interests in land, building improvements, structures, personal property, franchises, patents, accounts receivable, loans, assignments, guarantees, and insurance needed for the purposes of the affected statutes.
(22) Take assignments of accounts receivable, loans, guarantees, insurance, notes, mortgages, security agreements securing notes,
and other forms of security, attach, seize, or take title by
foreclosure or conveyance to any industrial development project
when a guaranteed loan thereon is clearly in default and when in
the opinion of the authority such acquisition is necessary to
safeguard the industrial development project guaranty fund, and
sell, or on a temporary basis, lease or rent such industrial
development project for any use.
(23) Expend money provided to the authority by the Indiana
economic development corporation from the industrial
development project guaranty fund created by IC 5-28-30, subject
to the terms of any agreement with the Indiana economic
development corporation governing the expenditure of that
money.
(24) Purchase, lease as lessee, construct, remodel, rebuild,
enlarge, or substantially improve industrial development projects,
including land, machinery, equipment, or any combination
thereof.
(25) Lease industrial development projects to users or developers,
with or without an option to purchase.
(26) Sell industrial development projects to users or developers,
for consideration to be paid in installments or otherwise.
(27) Make:
(A) direct loans from the proceeds of the bonds to users or
developers for:
(A) (i) the cost of acquisition, construction, or installation of
industrial development projects, including land, machinery,
equipment, or any combination thereof; or
(B) (ii) eligible expenditures for an educational facility
project described in IC 4-4-10.9-6.2(a)(2);
with the loans to be secured by the pledge of one (1) or more
bonds, notes, warrants, or other secured or unsecured debt
obligations of the users or developers;
(B) loans from the proceeds of grant anticipation revenue
bonds to the charter school facilities aid fund established
by IC 20-24-12-4, with the loans to be secured by the
pledge of grant revenues awarded to the department of
education for the purposes of educational facility projects
described in IC 4-4-10.9-6.2(a)(3) that the authority
determines is proper under the circumstances; or
(C) loans from the proceeds of the bonds to the charter
school facilities revolving loan fund established by
IC 20-24-13-4, with the loans to be secured by the credit
enhancements, guaranties, or pledge of one (1) or more
bonds, notes, warrants, or other secured or unsecured debt
obligations of users or developers of an educational facility
project described in IC 4-4-10.9-6.2(a)(3) that the authority
determines are proper under the circumstances.
(28) Lend or deposit the proceeds of bonds to or with a lender for
the purpose of furnishing funds to such lender to be used for
making a loan to a developer or user for the financing of industrial
development projects under this chapter.
(29) Enter into agreements with users or developers to allow the
users or developers, directly or as agents for the authority, to
wholly or partially construct industrial development projects to be
leased from or to be acquired by the authority.
(30) Establish reserves from the proceeds of the sale of bonds,
other funds, or both, in the amount determined to be necessary by
the authority to secure the payment of the principal and interest on
the bonds.
(31) Adopt rules and guidelines governing its activities authorized
under the affected statutes.
(32) Use the proceeds of bonds to make guaranteed participating
loans.
(33) Purchase, discount, sell, and negotiate, with or without
guaranty, notes and other evidences of indebtedness.
(34) Sell and guarantee securities.
(35) Make guaranteed participating loans under IC 4-4-21-26.
(36) Procure insurance to guarantee, insure, coinsure, and
reinsure against political and commercial risk of loss, and any
other insurance the authority considers necessary, including
insurance to secure the payment of principal and interest on notes
or other obligations of the authority.
(37) Provide performance bond guarantees to support eligible
export loan transactions, subject to the terms of the affected
statutes.
(38) Provide financial counseling services to Indiana exporters.
(39) Accept gifts, grants, or loans from, and enter into contracts
or other transactions with, any federal or state agency,
municipality, private organization, or other source.
(40) Sell, convey, lease, exchange, transfer, or otherwise dispose
of property or any interest in property, wherever the property is
located.
(41) Cooperate with other public and private organizations to
promote export trade activities in Indiana.
(42) Cooperate with the Indiana economic development corporation in taking any actions necessary for the administration of the agricultural loan and rural development project guarantee fund established by IC 5-28-31.
(43) In cooperation with the Indiana economic development corporation, take assignments of notes and mortgages and security agreements securing notes and other forms of security, and attach, seize, or take title by foreclosure or conveyance to any agricultural enterprise or rural development project when a guaranteed loan to the enterprise or rural development project is clearly in default and when in the opinion of the Indiana economic development corporation the acquisition is necessary to safeguard the agricultural loan and rural development project guarantee fund, and sell, or on a temporary basis, lease or rent the agricultural enterprise or rural development project for any use.
(44) Expend money provided to the authority by the Indiana economic development corporation from the agricultural loan and rural development project guarantee fund created by IC 5-28-31, subject to the terms of any agreement with the Indiana economic development corporation governing the expenditure of that money.
(45) Reimburse from bond proceeds expenditures for industrial development projects under this chapter.
(46) Acquire, hold, use, and dispose of the authority's income, revenues, funds, and money.
(47) Purchase, acquire, or hold debt securities or other investments for the authority's own account at prices and in a manner the authority considers advisable, and sell or otherwise dispose of those securities or investments at prices without relation to cost and in a manner the authority considers advisable.
(48) Fix and establish terms and provisions with respect to:
(A) a purchase of securities by the authority, including dates and maturities of the securities;
(B) redemption or payment before maturity; and
(C) any other matters that in connection with the purchase are necessary, desirable, or advisable in the judgment of the authority.
(49) To the extent permitted under the authority's contracts with the holders of bonds or notes, amend, modify, and supplement any provision or term of:
(A) a bond, a note, or any other obligation of the authority; or
(B) any agreement or contract of any kind to which the
authority is a party.
(50) Subject to the authority's investment policy, do any act and
enter into any agreement pertaining to a swap agreement (as
defined in IC 8-9.5-9-4) related to the purposes of the affected
statutes in accordance with IC 8-9.5-9-5 and IC 8-9.5-9-7,
whether the action is incidental to the issuance, carrying, or
securing of bonds or otherwise.
(51) Do any act necessary or convenient to the exercise of the
powers granted by the affected statutes, or reasonably implied
from those statutes, including but not limited to compliance with
requirements of federal law imposed from time to time for the
issuance of bonds.
(b) The authority's powers under this chapter shall be interpreted
broadly to effectuate the purposes of this chapter and may not be
construed as a limitation of powers. The omission of a power from the
list in subsection (a) does not imply that the authority lacks that power.
The authority may exercise any power that is not listed in subsection
(a) but is consistent with the powers listed in subsection (a) to the
extent that the power is not expressly denied by the Constitution of the
State of Indiana or by another statute.
(c) This chapter does not authorize the financing of industrial
development projects for a developer unless any written agreement that
may exist between the developer and the user at the time of the bond
resolution is fully disclosed to and approved by the authority.
(d) The authority shall work with and assist the Indiana housing and
community development authority established by IC 5-20-1-3, the ports
of Indiana established under IC 8-10-1-3, and the state fair commission
established by IC 15-13-2-1 in the issuance of bonds, notes, or other
indebtedness. The Indiana housing and community development
authority, the ports of Indiana, and the state fair commission shall work
with and cooperate with the authority in connection with the issuance
of bonds, notes, or other indebtedness.
(1) "Employee" means:
(A) an elected or appointed officer or official, or a full-time employee;
(B) if the individual is employed by a school corporation, a full-time or part-time employee;
(C) for a local unit public employer, a full-time or part-time employee or a person who provides personal services to the
unit under contract during the contract period; or
(D) a senior judge appointed under IC 33-24-3-7;
whose services have continued without interruption at least thirty
(30) days.
(2) "Group insurance" means any of the kinds of insurance
fulfilling the definitions and requirements of group insurance
contained in IC 27-1.
(3) "Insurance" means insurance upon or in relation to human life
in all its forms, including life insurance, health insurance,
disability insurance, accident insurance, hospitalization insurance,
surgery insurance, medical insurance, and supplemental medical
insurance.
(4) "Local unit" includes a city, town, county, township, public
library, municipal corporation (as defined in IC 5-10-9-1), or
school corporation , or charter school.
(5) "New traditional plan" means a self-insurance program
established under section 7(b) of this chapter to provide health
care coverage.
(6) "Public employer" means the state or a local unit, including
any board, commission, department, division, authority,
institution, establishment, facility, or governmental unit under the
supervision of either, having a payroll in relation to persons it
immediately employs, even if it is not a separate taxing unit. With
respect to the legislative branch of government, "public employer"
or "employer" refers to the following:
(A) The president pro tempore of the senate, with respect to
former members or employees of the senate.
(B) The speaker of the house, with respect to former members
or employees of the house of representatives.
(C) The legislative council, with respect to former employees
of the legislative services agency.
(7) "Public employer" does not include a state educational
institution.
(8) "Retired employee" means:
(A) in the case of a public employer that participates in the
public employees' retirement fund, a former employee who
qualifies for a benefit under IC 5-10.3-8 or IC 5-10.2-4;
(B) in the case of a public employer that participates in the
teachers' retirement fund under IC 5-10.4, a former employee
who qualifies for a benefit under IC 5-10.4-5; and
(C) in the case of any other public employer, a former
employee who meets the requirements established by the
public employer for participation in a group insurance plan for
retired employees.
(9) "Retirement date" means the date that the employee has
chosen to receive retirement benefits from the employees'
retirement fund.
(1) self-insurance program established under section 7(b) of this chapter; or
(2) contract with a prepaid health care delivery plan entered into under section 7(c) of this chapter;
to provide group health coverage for state employees.
(b) The state personnel department shall allow a school corporation to elect to provide coverage of health care services for active and retired employees of the school corporation under any state employee health plan. If a school corporation or charter school elects to provide coverage of health care services for active and retired employees of the school corporation or charter school under a state employee health plan, it must provide coverage for all active and retired employees of the school corporation under the state employee health plan (other than any employees covered by an Indiana comprehensive health insurance association policy or individuals who retire from the school corporation before July 1, 2010, or charter school before July 1, 2011) if coverage was provided for these employees under the prior policies.
(c) The following apply if a school corporation or charter school elects to provide coverage for active and retired employees of the school corporation or charter school under subsection (b):
(1) The state shall not pay any part of the cost of the coverage.
(2) The coverage provided to an active or retired school corporation or charter school employee under this section must be the same as the coverage provided to an active or retired state employee under the state employee health plan.
(3) Notwithstanding sections 2.2 and 2.6 of this chapter:
(A) the school corporation or charter school shall pay for the coverage provided to an active or retired school corporation or charter school employee under this section an amount not more than the amount paid by the state for coverage provided to an active or retired state employee under the state employee health plan; and
(B) an active or retired school corporation or charter school
employee shall pay for the coverage provided to the active or
retired school corporation or charter employee under this
section an amount that is at least equal to the amount paid by
an active or retired state employee for coverage provided to
the active or retired state employee under the state employee
health plan.
However, this subdivision does not apply to contractual
commitments made by a school corporation to individuals who
retire before July 1, 2010, or a charter school to individuals
who retire before July 1, 2011.
(4) The school corporation or charter school shall pay any
administrative costs of the school corporation's or charter
school's participation in the state employee health plan.
(5) The school corporation or charter school shall provide the
coverage elected under subsection (b) for a period of at least three
(3) years beginning on the date the coverage of the school
corporation or charter school employees under the state
employee health plan begins.
(d) The state personnel department shall provide an enrollment
period at least every thirty (30) days for a school corporation or
charter school that elects to provide coverage under subsection (b).
(e) The state personnel department may adopt rules under IC 4-22-2
to implement this section.
(f) Neither this section nor a school corporation's or charter
school's election to participate in a state employee health plan as
provided in this section impairs the rights of an exclusive
representative of the certificated or noncertificated employees of the
school corporation or charter school to collectively bargain all matters
related to school employee health insurance programs and benefits.
(1) IC 20-24-12, refers to the charter school facilities aid fund; and
(2) IC 20-24-13, refers to the charter school facilities revolving loan fund.
UPON PASSAGE]: Sec. 6.3. "Grant", for purposes of IC 20-24-12,
refers to a grant awarded under IC 20-24-12.
(1) IC 20-24-12, refers to a charter school per pupil facilities aid program under IC 20-24-12; and
(2) IC 20-24-13, refers to the charter school per pupil facilities revolving loan program.
(1) A governing body.
(2) A state educational institution that offers a four (4) year baccalaureate degree.
(3) The executive (as defined in
(A) consolidated city; or
(B) second class city.
(4) The charter board.
(5) A nonproprietary private college or university approved by the state board to be a sponsor.
Chapter 2.1. Indiana Charter School Board
Sec. 1. (a) The Indiana charter school board is established for the purpose of sponsoring charter schools throughout Indiana.
(b) The charter board is a statewide charter school sponsor composed of the following seven (7) members appointed to four (4)
year terms:
(1) Two (2) members, who may not be members of the same
political party, appointed by the governor.
(2) One member appointed by the state superintendent.
(3) Four (4) members appointed as follows:
(A) One (1) member appointed by the president pro tem of
the senate.
(B) One (1) member appointed by the minority leader of
the senate.
(C) One (1) member appointed by the speaker of the house
of representatives.
(D) One (1) member appointed by the minority leader of
the house of representatives.
(c) The governor shall appoint the chairperson of the charter
board.
(d) A majority of the members appointed to the charter board
constitutes a quorum. The affirmative votes of a majority of the
voting members appointed to the charter board are required for
the charter board to take action.
(e) Each member of the charter board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
Sec. 2. The charter board, with assistance from the department,
shall:
(1) establish a process to:
(A) review a proposal to establish a charter school under
IC 20-24-3-4;
(B) make a decision on the proposal as required under
IC 20-24-3-9; and
(C) monitor charter schools sponsored by the charter
board; and
(2) publish guidelines concerning the review process described
in subdivision (1);
not later than December 31, 2011.
Sec. 3. The department shall hire staff to carry out the duties of
the charter board under this chapter.
Sec. 4. Funding for the charter board consists of administrative
fees collected under IC 20-24-7-4.
Chapter 2.2. Monitoring and Accountability of Sponsors
Sec. 1. The state board shall establish procedures to monitor all sponsors in Indiana. Procedures established by the state board under this section must include the following:
(1) A system for monitoring approved schools at regular intervals.
(2) Minimum standards for renewing a charter or not renewing a charter.
(3) Standards and processes for school closure, including the transfer of academic records to other schools and postsecondary educational institutions.
Sec. 2. (a) After giving at least thirty (30) days notice, the state board may require a sponsor to appear at a hearing conducted by the state board if the sponsor has a school that has been placed in either of the two (2) lowest categories or designations under the state school accountability system (511 IAC 6.2-6-5) for at least three (3) consecutive years and the school has been in operation for more than five (5) years.
(b) After the hearing, the state board shall:
(1) require the submission, approval, and implementation of a school turnaround plan for the school identified in subsection (a);
(2) transfer the sponsorship of a school identified in subsection (a) to the charter board;
(3) order the closure of the school identified in subsection (a) on the date set by the state board; or
(4) order the reduction of any administrative fee collected under IC 20-24-7-4 that is applicable to the school identified in subsection (a) to an amount not greater than fifty percent (50%) of the amount allowed under IC 20-24-7-4;
unless the state board finds sufficient justification for the school's performance under the state school accountability system.
(b) A proposal must contain at least the following information:
(1) Identification of the organizer.
(2) A description of the organizer's organizational structure and governance plan.
(3) The following information for the proposed charter school:
(A) Name.
(B) Purposes.
(C) Governance structure.
(D) Management structure.
(E) Educational mission goals.
(F) Curriculum and instructional methods.
(G) Methods of pupil assessment.
(H) Admission policy and criteria, subject to IC 20-24-5.
(I) School calendar.
(J) Age or grade range of students to be enrolled.
(K) A description of staff responsibilities.
(L) A description
(M) Budget and financial plans.
(N) Personnel plan, including methods for selection, retention, and compensation of employees.
(O) Transportation plan.
(P) Discipline program.
(Q) Plan for compliance with any applicable desegregation order.
(R) The date when the charter school is expected to:
(i) begin school operations; and
(ii) have students attending the charter school.
(S) The arrangement for providing teachers and other staff with health insurance, retirement benefits, liability insurance, and other benefits.
(4) The manner in which the sponsor must conduct an annual audit of the program operations of the charter school.
(c) This section does not waive, limit, or modify the provisions of:
(1) IC 20-29 in a charter school where the teachers have chosen to organize under IC 20-29; or
(2) an existing collective bargaining agreement for noncertificated employees (as defined in IC 20-29-2-11).
(1) Receipt of a proposal.
(2) Acceptance of a proposal.
(3) Rejection of a proposal, including the reasons for the
rejection.
(4) The length of time for which a charter is granted.
(5) School goals, educational program design, and an
education management organization operating a school, if
applicable.
(b) The department shall annually do the following:
(1) Compile the information received under subsection (a) into a
report.
(2) Submit the report in an electronic format under IC 5-14-6 to
the legislative council.
(1) Be a written instrument.
(2) Be executed by a sponsor and an organizer.
(3) Confer certain rights, franchises, privileges, and obligations on a charter school.
(4) Confirm the status of a charter school as a public school.
(5) Be granted for:
(A) not less than three (3) years; and
(B) a fixed number of years agreed to by the sponsor and the organizer.
(6) Provide for the following:
(A) A review by the sponsor of the charter school's performance, including the progress of the charter school in achieving the academic goals set forth in the charter, at least one (1) time in each five (5) year period while the charter is in effect.
(B) Renewal, if the sponsor and the organizer agree to renew the charter.
(7) Specify the grounds for the sponsor to:
(A) revoke the charter before the end of the term for which the charter is granted; or
(B) not renew a charter.
(8) Set forth the methods by which the charter school will be held accountable for achieving the educational mission and goals of the charter school, including the following:
(A) Evidence of improvement in:
(i) assessment measures, including the ISTEP
(ii) attendance rates;
(iii) graduation rates (if appropriate);
(iv) increased numbers of Core 40 diplomas and other college and career ready indicators including advanced placement participation and passage, dual credit participation and passage, and International Baccalaureate participation and passage (if appropriate);
(v) increased numbers of academic honors and technical honors diplomas (if appropriate);
(vi) student academic growth;
(vii) financial performance and stability; and
(viii) governing body performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.
(B) Evidence of progress toward reaching the educational goals set by the organizer.
(9) Describe the method to be used to monitor the charter school's:
(A) compliance with applicable law; and
(B) performance in meeting targeted educational performance.
(10) Specify that the sponsor and the organizer may amend the charter during the term of the charter by mutual consent and describe the process for amending the charter.
(11) Describe specific operating requirements, including all the matters set forth in the application for the charter.
(12) Specify a date when the charter school will:
(A) begin school operations; and
(B) have students attending the charter school.
(13) Specify that records of a charter school relating to the school's operation and charter are subject to inspection and copying to the same extent that records of a public school are subject to inspection and copying under IC 5-14-3.
(14) Specify that records provided by the charter school to the department or sponsor that relate to compliance by the organizer with the terms of the charter or applicable state or federal laws are subject to inspection and copying in accordance with IC 5-14-3.
(15) Specify that the charter school is subject to the requirements of IC 5-14-1.5.
(b) A charter school shall set annual performance targets in conjunction with the charter school's sponsor. The annual performance targets shall be designed to help each school meet
applicable federal, state, and sponsor expectations.
(c) Multiple schools operating under a single charter contract or
overseen by a single sponsor shall report their performance as
separate, individual schools, and each school shall be held
individually accountable by the sponsor.
(b) This subsection applies if the number of applications for a program, class, grade level, or building exceeds the capacity of the program, class, grade level, or building. If a charter school receives a greater number of applications than there are spaces for students, each timely applicant must be given an equal chance of admission.
(c) A charter school may limit new admissions to the charter school to:
(1) ensure that a student who attends the charter school during a school year may continue to attend the charter school in subsequent years;
(2) allow the siblings of a student who attends a charter school to attend the charter school; and
(3) allow students who have been displaced due to the closing of another charter school to attend the charter school.
(d) This subsection applies to an existing school that converts to a charter school under IC 20-24-11. During the school year in which the existing school converts to a charter school, the charter school may limit admission to:
(1) those students who were enrolled in the charter school on the date of the conversion; and
(2) siblings of students described in subdivision (1).
(b) Notwithstanding subsection (a), a charter school may operate as a single gender school if approved to do so by the sponsor. A single gender charter school must be open to any student of the gender the school serves who resides in Indiana.
(b) Teachers in a conversion charter school
(c) All benefits accrued by teachers as employees of the conversion charter school are the financial responsibility of the conversion charter school.
(d) All benefits accrued by a teacher during the time the teacher was an employee only of the school corporation that sponsored the charter school are the financial responsibility of the school corporation. The school corporation shall pay those benefits directly or reimburse the conversion charter school for the cost of the benefits.
(1) The number of students enrolled in the charter school.
(2) The name and address of each student.
(3) The name of the school corporation in which the student has legal settlement.
(4) The name of the school corporation, if any, that the student attended during the immediately preceding school year.
(5) The grade level in which the student will enroll in the charter school.
The department shall verify the accuracy of the information reported.
(b) This subsection applies after December 31 of the calendar year in which a charter school begins its initial operation. The department shall distribute to the organizer the state tuition support distribution. The department shall make a distribution under this subsection at the same time and in the same manner as the department makes a distribution of state tuition support under IC 20-43-2 to other school corporations.
(c) For purposes of this subsection, "charter school" does not include a virtual charter school. Not later than May 1 of each year, the department shall certify to a county auditor the following information for each school corporation in the county:
(1) The number of students who are:
(A) from the county;
(B) have legal settlement in the school corporation; and
(C) are included in the current ADM of a particular charter school and either:
(i) are enrolled in kindergarten or grade 1 through 8; or
(ii) qualify as a child with a disability (as defined in IC 20-35-1-2) and are enrolled in grade 9 through 12;
separately totaled by school corporation and charter school.
(2) The sum of the totals determined under subdivision (1) for a school corporation.
(3) The current ADM of the school corporation.
(4) The sum of the amounts determined under subdivisions (2) and (3).
(b) This subsection applies to a sponsor that is a state educational institution described in IC 20-24-1-7(2). In a calendar year, a state educational institution may receive from the organizer of a charter school sponsored by the state educational institution an administrative fee equal to not more than three percent (3%) of the total amount the organizer receives during the calendar year from basic tuition support (as defined in IC 20-43-1-8).
(c) This subsection applies to the executive of a consolidated city or city that sponsors a charter school. In a calendar year, the executive may collect from the organizer of a charter school an
administrative fee equal to not more than three percent (3%) of the
total amount the organizer receives during the calendar year for
basic tuition support.
(d) This subsection applies to a sponsor that is a private college
or university that is approved by the state board of education. In
a calendar year, a private college or university may collect from
the organizer of a charter school an administrative fee equal to not
more than three percent (3%) of the total amount the organizer
receives during the calendar year for basic tuition support.
(e) This subsection applies to the charter board. In a calendar
year, the charter school board may collect from the organizer of a
charter school an administrative fee equal to not more than three
percent (3%) of the total amount the organizer receives during the
calendar year for basic tuition support.
(f) A sponsor's administrative fee may not include any costs
incurred in delivering services that a charter school may purchase
at its discretion from the sponsor. The sponsor shall use its funding
provided under this section exclusively for the purpose of fulfilling
sponsoring obligations.
(g) Except for oversight services, a charter school may not be
required to purchase services from its sponsor as a condition of
charter approval or of executing a charter contract, nor may any
such condition be implied.
(h) A charter school may choose to purchase services from its
sponsor. In that event, the charter school and sponsor shall execute
an annual service contract, separate from the charter contract,
stating the parties' mutual agreement concerning the services to be
provided by the sponsor and any service fees to be charged to the
charter school. A sponsor may not charge more than market rates
for services provided to a charter school.
(i) Not later than ninety (90) days after the end of each fiscal
year, each sponsor shall provide to each charter school it sponsors
an itemized accounting of the actual costs of services purchased by
the charter school from the sponsor. Any difference between the
amount initially charged to the charter school and the actual cost
shall be reconciled and paid to the owed party. If either party
disputes the itemized accounting, any charges included in the
accounting, or charges to either party, either party may request a
review by the department. The requesting party shall pay the costs
of the review.
JANUARY 1, 2012]: Sec. 6. With the approval of a majority of the
members of the governing body, a school corporation may (a) This
section applies to a distribution to a charter school from the
transportation fund levy of a school corporation that does not elect
to provide transportation to the students who:
(1) have legal settlement in the school corporation; and
(2) are enrolled in the charter school.
(b) For purposes of this section, "charter school" does not
include a virtual charter school.
(c) The county auditor shall distribute a proportionate share of the
school corporation's capital project fund transportation fund levy
imposed under IC 20-46-4-6, including any part of the levy
imposed under IC 20-46-4-10, to a charter school for the purposes
of the charter school in the same manner and at the same time as
other property taxes are distributed.
(d) The amount to be distributed to a charter school under
subsection (c) is equal to the total amount to be distributed from
the levies described in subsection (c) multiplied by a fraction. The
numerator of the fraction is the number of students with legal
settlement in the school corporation imposing the levy that are
included in the current ADM of the charter school, as determined
under section 2(c)(1) of this chapter. The denominator is the total
number of students determined for the school corporation under
section 2(c)(4) of this chapter.
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(75%) of the students enrolled in virtual charter schools under this
section must have been included in the ADM count for the previous
school year.
(b) Beginning with the 2011-2012 school year, a virtual charter
school may apply for sponsorship with any statewide sponsor in
accordance with the sponsor's guidelines.
(c) A virtual charter school is entitled to receive funding from the
state in an amount equal to the product of:
(1) the number of students included in the virtual charter school's
ADM; who are participating in the pilot program; multiplied by
(2) eighty ninety percent (80%) (90%) of the statewide average
basic tuition support.
(d) The department shall adopt rules under IC 4-22-2 to govern the
operation of virtual charter schools.
(e) Beginning in 2009, the department shall before December 1 of
each year submit an annual report to the budget committee concerning
the program under this section.
(b) The department shall create a list of unused facilities owned by each school corporation and make the list available on the department's Internet web site.
(c) Each school corporation shall make unused school facilities available to charter schools if the facilities have been unused for two (2) consecutive school years.
(d) If a charter school wants to use a facility or a part of a facility on the list created under subsection (b), the school corporation that owns the facility shall lease the facility or the unused part of the facility to a charter school for one dollar ($1) per year. The right of a charter school to lease an unused facility takes priority over any other proposed use or disposition of the facility. The lease must include ingress to and egress from the facility, and in the case of a charter school leasing a part of an unused facility, the right to access and use of the common area shared by all tenants and users of the facility. If a charter school leases an entire facility under this section, the charter school may encumber the facility with mortgages for debt to make improvements to the facility, and the school corporation entering into the lease shall subordinate its interest in the lease to the debt encumbering the facility.
(e) During the term of a lease under subsection (d), the charter school is responsible for the direct expenses related to the facility or part of the facility leased, including utilities, insurance, maintenance, and repairs attributable to the facility or part of the facility leased by the charter school. If the charter school fails to apply for a property tax exemption, a lien does not attach to the property.
(f) A school corporation shall make all unused facilities available for transfer to a charter school, and a charter school has the first right to receive or refuse the facilities. A school corporation shall publicly identify the amount of debt owed on any facility about which a potential buyer has inquired within seven (7) days of the inquiry. A school corporation may not refuse an offer by a charter school to transfer an unused facility for an amount that would eliminate the school corporation's debt on the facility. The charter school has one (1) year after the date of making an offer in writing to complete the transfer of the facility. If a facility has no debt, a charter school may acquire the facility for the school corporation for one dollar ($1). If a charter school acquires a school facility for an amount that is less than the appraised value of the facility, the charter school may not resell the facility at a price that exceeds the original purchase price, plus any debt encumbering the facility, real estate commissions, and closing costs.
(g) A charter school may sell to, and lease back from, a nonprofit organization or legal entity in which a charter school is an owner or a member any unused facility the charter school has acquired under subsection (f).
(h) If a charter school discontinues the charter school's use of a school facility, the charter school shall offer to sell the school facility back to the school corporation from which the school facility was purchased at the original purchase price.
(1) Results of all standardized testing, including ISTEP program
testing, and the graduation examination. end of course
assessments, and any other assessments used for each
sponsored school.
(2) A description of the educational methods and teaching
methods employed for each sponsored school.
(3) Daily Attendance records. rates for each sponsored school.
(4) Graduation statistics rates (if appropriate), including
attainment of Core 40 and academic honors diplomas for each
sponsored school.
(5) Student enrollment data for each sponsored school, including
the following:
(A) The number of students enrolled.
(B) The number of students expelled.
(C) The number of students who discontinued attendance at
the charter school and the reasons for the discontinuation.
(6) Schools that closed or for which the charter was not
renewed, and the reasons for the closure or nonrenewal.
(1) in an inappropriate age group according to the student's ability;
(2) below the student's abilities; or
(3) in a class where the student has already mastered the subject matter.
(b) If a student who previously was enrolled in a charter school enrolls in another public school, the public noncharter school shall accept all credits earned by the student in courses or instructional programs at the charter school in a uniform and consistent manner, according to the same criteria that are used to accept academic credits from other public schools.
(1) At least
two (2) consecutive years.
(2) The governing body votes to convert a school to a charter
school.
(2) At least fifty-one percent (51%) of the parents of students at
the school have signed a petition requesting the conversion.
(3) A petition requesting the conversion is signed by the
parents of at least fifty-one percent (51%) of the students at
the school. The petition must be completed not later than
ninety (90) days after the date of the first signature.
(b) Notwithstanding subsection (a)(2), if a governing body
operates a school that receives either of the two (2) lowest
designations under IC 20-31-8-3 for four (4) consecutive years, the
governing body may not serve as a charter school's sponsor.
(c) If subsection (a)(3) applies, the parents must submit the
petition to the governing body and the state board. If the petition
has been approved by the state board, the conversion charter
school has the right to use the building under IC 20-24-7-14 before
any other school or entity.
(d) After a governing body receives a petition under subsection
(c), the governing body may not change the enrollment boundaries
for the school that is the subject of the petition for at least one (1)
year, unless the petition is rejected by the state board.
(e) A conversion charter school shall accept all students who
attended the school before its conversion and who wish to attend
the conversion charter school. If any space remains, any student in
Indiana may attend the conversion charter school.
(f) After a conversion charter school has been in operation for
at least five (5) years, the school may be returned to traditional
school status if any of the following conditions apply:
(1) At least fifty-one percent (51%) of the teachers at the
school have signed a petition requesting the change in status.
(2) The governing body votes to change the status.
(3) A petition requesting the change in status is signed by the
parents of at least fifty-one percent (51%) of the students at
the school. The petition must be completed not later than
ninety (90) days after the date of the first signature.
A petition under subdivision (1) or (3) must be submitted to the
governing body and the state board.
Chapter 12. Charter School Facilities Aid Program
Sec. 1. The charter school facilities aid program is established.
Sec. 2. The purpose of the program is to award grants to charter schools to assist charter schools in financing:
(1) charter school building projects;
(2) general improvements to charter school buildings; and
(3) repayment of debt for charter school building projects.
Sec. 3. The department shall administer the program.
Sec. 4. (a) The charter school facilities aid fund is established. The department shall administer the fund.
(b) The fund consists of the following:
(1) Money appropriated by the general assembly.
(2) Any gifts and grants made to the fund or other money required by law to be deposited in the fund.
(3) Any federal grants that are received to capitalize or supplement the fund.
(4) The proceeds of grant anticipation revenue bonds issued by the Indiana finance authority under IC 4-4.
(5) Any earnings on money in the fund.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(e) The fund shall be used by the department to make grants under this chapter for the purposes described in section 2 of this chapter.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 5. The department may apply to the United States Department of Education for a state charter school facilities incentive program grant authorized under 34 U.S.C. 7221d(b). The department shall use the proceeds of any state charter school facilities incentive program grant awarded to the state for purposes of the program. To the extent permitted by federal law, the proceeds may be used to pay the administrative expenses of the program.
Sec. 6. The department may authorize money in the fund to be used to repay grant anticipation revenue bonds or other bonds issued by the Indiana bond bank under IC 5-1.5 for purposes of the program.
Sec. 7. (a) The department shall establish written procedures for providing grants to charter schools for the purposes described in
section 2 of this chapter. The written procedures must include at
least the following:
(1) An application procedure.
(2) A procedure to identify projects that may qualify for a
grant.
(3) Criteria for establishing the priority of projects for which
grants will be made.
(4) Procedures for selecting projects for which grants will be
made.
(b) To apply for a grant from the fund, a school corporation
must submit an application that contains at least the following
information:
(1) A description of the proposed building project, general
improvement, or debt.
(2) An estimate of the cost of the proposed building project,
general improvement, or debt.
(3) Any other information required by the department in
accordance with the written procedures established under this
section.
Sec. 8. The department may award grants on the terms and
conditions specified in an agreement between the department and
the recipient charter school.
Sec. 9. The department may award grants under this chapter on
a per student basis.
Chapter 13. Charter School Facilities Revolving Loan Program
Sec. 1. The charter school facilities revolving loan program is established.
Sec. 2. The purpose of the program is to make loans to charter schools for the purpose of:
(1) constructing;
(2) purchasing;
(3) renovating; and
(4) maintaining;
charter school facilities.
Sec. 3. The department shall administer the program.
Sec. 4. (a) The charter school facilities revolving loan fund is established. The department shall administer the fund.
(b) The fund consists of the following:
(1) Money appropriated by the general assembly.
(2) The repayment proceeds of loans made to charter schools from the fund.
(3) Any gifts and grants made to the fund or other money required by law to be deposited in the fund.
(4) Any federal grants that are received to capitalize or supplement the fund.
(5) The proceeds of grant anticipation revenue bonds or other bonds issued by the Indiana finance authority under IC 4-4.
(6) Any earnings on money in the fund.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(e) The fund shall be used by the department as a revolving fund for the purposes described in section 2 of this chapter.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 5. The department may authorize money in the fund to be used to repay grant anticipation revenue bonds or other bonds issued by the Indiana bond bank under IC 5-1.5 for purposes of the program.
Sec. 6. Subject to the requirements of this chapter, the department may loan money from the fund to a charter school to carry out the purposes described in section 2 of this chapter.
Sec. 7. (a) The department shall establish written procedures for providing loans from the fund to charter schools. The written procedures must include at least the following:
(1) An application procedure.
(2) A procedure to identify projects that may qualify for a loan.
(3) Criteria for establishing the priority of projects for which loans will be made.
(4) Procedures for selecting projects for which loans will be made.
(b) To apply for a loan from the fund, a school corporation must submit an application that contains at least the following information:
(1) A description of the proposed construction, purchase, renovation, or maintenance.
(2) An estimate of the cost of the proposed construction, purchase, renovation, or maintenance.
(3) Any other information required by the department in accordance with the written procedures established under this section.
Sec. 8. In making its determination to approve or disapprove a loan application, the department may consider the following:
(1) The soundness of the financial business plans of the applicant charter school.
(2) The availability to the charter school of other sources of funding.
(3) The geographic distribution of loans made from the fund.
(4) The impact that loans received under this chapter will have on the charter school's receipt of other private and public financing.
(5) Plans for innovatively enhancing or leveraging funds received under this chapter, such as loan guarantees or other types of credit enhancements.
(6) The financial needs of the charter school.
Sec. 9. The department may make loans under this chapter on a per student basis.
Sec. 10. The following apply to a loan from the fund to a charter school under this chapter:
(1) A loan may not exceed the maximum amount set by the department.
(2) The term of the loan may not exceed fifteen (15) years after the date of the loan.
(3) A charter school may receive multiple loans from the fund as long as the total amount outstanding on all loans granted to the charter school from the fund do not exceed the maximum amount set by the department.
(4) The department shall determine the interest rate and other terms for the loan.
(5) A charter school must enter into a loan agreement with the department before receiving a loan from the fund. The loan agreement is a valid, binding, and enforceable agreement between the charter school and the department. The loan agreement must contain the following terms:
(A) A requirement that the loan proceeds be used to pay for the proposed construction, purchase, renovation, or maintenance of charter school facilities.
(B) The term of the loan.
(C) The repayment schedule.
(D) The interest rate of the loan.
(E) Any other terms and provisions that the department requires.
Sec. 11. A charter school receiving a loan under this chapter shall repay the loan from:
(1) the amount of state tuition support that the charter school is eligible to receive; and
(2) to the extent that state tuition support is insufficient to meet the debt service obligations of the charter school, other resources available to the charter school.
Sec. 12. The department shall withhold the amount of the debt service obligations due in a year on a loan made under this chapter from state tuition support distributions that would otherwise be made in the year to the charter school. To the extent possible, the department shall withhold an equal amount from each installment of state tuition support distributed to the charter school. Withheld amounts reduce the debt service obligation of the charter school. The auditor of state shall transfer withheld amounts to the fund.
(b) This subsection applies to a school corporation that has transition to foundation revenue per adjusted ADM for a year that is not equal to the foundation amount for the year. The school corporation's basic tuition support for a year is equal to the school corporation's transition to foundation revenue for the year.
(c) This subsection applies to a school corporation that has transition to foundation revenue per adjusted ADM for a year that is equal to the foundation amount for the year. The school corporation's basic tuition support for a year is the sum of the following:
(1) The foundation amount for the year multiplied by the school
corporation's adjusted ADM.
(2) The amount of the annual decrease in federal aid to impacted
areas from the year preceding the ensuing calendar year by three
(3) years to the year preceding the ensuing calendar year by two
(2) years.
(d) This subsection applies to students of a virtual charter school
who are participating in the pilot a program under IC 20-24-7-13. A
virtual charter school's basic tuition support for a year for those
students is the amount determined under IC 20-24-7-13.
(1) pay all operating costs attributable to transportation; and
(2) subject to subsection (f), make distributions required under IC 20-24-7-6.
The levy imposed under this section is subject to the levy limitations imposed under section 6 of this chapter. The levy may not exceed the levy limit under section 6 of this chapter in order to make the distributions required under IC 20-24-7-6(b).
(b) The governing body of a school corporation may adopt a resolution to elect to provide transportation without charge to all of the students who:
(1) have legal settlement in the school corporation; and
(2) are enrolled in a charter school;
instead of providing a distribution of the school corporation's transportation fund levy to the charter school. The resolution must identify the charter schools to which the school corporation will provide transportation. An election adopted under this section remains in effect until a resolution rescinding the election becomes effective.
(c) IC 20-27-9-18 applies to transportation services provided under this section.
(d) The governing body may rescind an election to provide transportation to a charter school by resolution. The resolution must identify the charter schools to which the school corporation will no longer provide transportation.
(e) A copy of a resolution adopted under this section must be certified to the named charter schools, the department, and the county auditor of each county in which the school corporation is located. A resolution adopted under this section initially applies to
the school year beginning at least ninety (90) days after the
resolution is certified under this subsection.
(f) A charter school is not entitled to a distribution under
IC 20-24-7-6 for property taxes first due and payable in a calendar
year that begins in a school year in which a school corporation
provides transportation to all of the charter school students who
have legal settlement in the school corporation.
(1) A fuel expense increase.
(2) A significant increase in the number of students enrolled in the school corporation that need transportation or a significant increase in the mileage traveled by the school corporation's buses compared with the previous year.
(3) A significant increase in the number of students enrolled in special education who need transportation or a significant increase in the mileage traveled by the school corporation's buses due to students enrolled in special education as compared with the previous year.
(4) Increased transportation operating costs due to compliance with a court ordered desegregation plan.
(5) The closure of a school building within the school corporation that results in a significant increase in the distances that students must be transported to attend another school building.
In addition, before the department of local government finance may grant a maximum levy increase, the school corporation must establish that the school corporation will be unable to provide transportation services without an increase. The department of local government finance may grant a maximum operating costs levy increase that is less than the increase requested by the school corporation. The amount of the levy distributed under IC 20-24-7-6(b) may not be considered in determining the amount of the maximum levy increase allowed under this section.
(b) If the department of local government finance determines that
a permanent increase in the maximum permissible levy is necessary,
the maximum levy after the increase granted under this section
becomes the school corporation's maximum permissible levy under this
chapter.
(1) charter school; or
(2) general assembly;
at any time.
(1) July 1, 2009; and
(2) July 1, 2010;
notwithstanding contrary terms in the charter school and state board advance agreement.
(b) The repayment term of the advance shall be extended by two (2) years to provide for the waiver described in subsection (a) even though it may make the repayment term for the advance longer than twenty (20) years.
(c) The repayment term of the advance shall be extended by an additional two (2) years to provide for the waiver described in subsection (a) of the principal even though it may make the repayment term for the advance longer than twenty (20) years.
PASSAGE].
; (11)HB1002.1.40. --> SECTION 40. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 20-24-3-13; IC 20-24-3-15; IC 20-24-5-2; IC 20-24-5-3; IC 20-24-5-4; IC 20-24-5-5; IC 20-24-6-9; IC 20-24-11-2; IC 20-24-11-3; IC 20-24-11-4.
(b) Notwithstanding IC 20-24-7-13, as amended by this act, a virtual charter school chosen by the department of education to operate during the 2010-2011 school year shall continue to operate until the virtual charter school transfers its operating authority to the Indiana charter school board or another sponsor.
(c) This SECTION expires January 1, 2013.
