Bill Text: IN HB1377 | 2013 | Regular Session | Introduced
Bill Title: Transfer of school property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Education [HB1377 Detail]
Download: Indiana-2013-HB1377-Introduced.html
Citations Affected: IC 20-26-7-1.
Synopsis: Transfer of school property. Provides that a vacant or
unused school building may be sold or otherwise disposed of without
having to be made available to a charter school for four years if the
vacant or unused school building will be used by a local governmental
entity.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(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 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) 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. 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 used in whole or in part for classroom instruction at
the time the charter school seeks to lease the building; or
(B) appears on the list compiled by the department under
subsection (e); and
(2) was previously used for classroom instruction;
in order for the charter school to conduct classroom instruction.
(e) Except as otherwise provided in subsection (j), 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 each year before August 31.
(f) A school building that appears for the first time on the
department's list under subsection (e) 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) If a charter school wishes to use a school building on the list
created under subsection (e), 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). 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).
(h) During the term of a lease under subsection (g), 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.
(i) If a school building appears on the department's list under
subsection (e) 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.
(j) A governing body may sell or otherwise dispose of a closed,
unused, or unoccupied school building under IC 36-1-11 if the
governing body informs the department that the closed, unused, or
unoccupied school building is not to be included in the list
described in subsection (e) because the building will be used by a
local governmental entity.
