reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-27.5. Abatement of Certain Violations

Sec. 27.5. (a) Notwithstanding any other law, if:
(1) as a result of an inspection of a school building under IC 22-14-2-11 that is not an inspection to determine compliance with a legal standard for accreditation, the department of homeland security determines that there is a violation of a fire safety law at the school building;
(2) the fire safety law that the department of homeland security determines has been violated at the school building incorporates a standard that:
(A) was not a fire safety law at the time of the construction or renovation of the school building and is being applied retroactively to the building by an employee of the department of homeland security; or
(B) previously was not applicable to the building; and
(3) the violation is not a condition that creates an immediate safety hazard and is monitored under daily maintenance and supervision;
the school corporation shall abate the violation before the earlier of one (1) year after the violation determination or six (6) months after the start of the school corporation's next budget year following the violation determination.
(b) The expense of the abatement may be paid out of funds appropriated for such purposes in the budget year following a violation determination under subsection (a).
As added by P.L.132-2007, SEC.6. Amended by P.L.187-2021, SEC.60.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-28. Record and Report of Heating System and Fuel Line Inspection

Sec. 28. A report of the inspection described in section 27 of this chapter shall be made to the department of homeland security before September 1 of each year. The report shall be made on forms prescribed and approved by the department of homeland security.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-43-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.1-2006, SEC.329; P.L.187-2021, SEC.61.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-29. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-44-1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.123.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-30. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-44-2.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.124.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-31. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-44-3.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.125.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-32. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-44-4.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.126.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-33. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-44-5.]
As added by P.L.1-2005, SEC.10. Amended by P.L.231-2005, SEC.32; P.L.1-2006, SEC.330. Repealed by P.L.233-2015, SEC.127.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-34. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-44-6.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.128.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-35. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-45-1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.129.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-36. School Building Construction or Alteration; Feasibility Study

Sec. 36. Before the governing body exercises power granted by any law to spend more than one million dollars ($1,000,000) to build, repair, or alter school buildings that would be financed by:
(1) entering into a lease agreement under IC 20-47-2-11 through IC 20-47-2-14 or IC 20-47-3-9 through IC 20-47-3-12;
(2) issuing bonds under IC 20-48-1; or
(3) any other available method;
the governing body may order the preparation and pay the costs of a feasibility study.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-52-1.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.123.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-37. School Building Construction or Alteration; Hearing and Notice

Sec. 37. (a) If the governing body proposes to construct, repair, or alter a school building at a cost of more than one million dollars ($1,000,000) that would be financed by:
(1) entering into a lease agreement under IC 20-47-2-11 through IC 20-47-2-14 or IC 20-47-3-9 through IC 20-47-3-12;
(2) issuing bonds under IC 20-48-1; or
(3) any other available method;
the governing body must hold a public hearing at which explanations of the potential value of the proposed project to the school corporation and to the community shall be given and at which interested parties may present testimony and questions.
(b) Notice of the hearing shall be given in accordance with IC 5-3-1. The notice must state that on a given day, time, and place, the governing body will meet to discuss and hear objections and support to the proposed construction.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-52-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.124.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-38. School Building Construction or Alteration; Resolution

Sec. 38. At the public hearing and before bids for construction of the project are invited, the governing body shall adopt a resolution that specifies the following:
(1) The educational purpose the building will serve.
(2) The estimated cost of construction, including the cost of land.
(3) Any other pertinent information, including the estimated impact on the tax rate and the proposed sources of funding.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-52-3.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-39. Sale or Exchange of Unneeded School Property to State; Terms of Agreement

Sec. 39. (a) Except as otherwise provided in IC 20-26-7.1, if:
(1) a school corporation; and
(2) the state, either in the name of the state or in the name of the trustees of an agency of the state;
each own improved or unimproved real estate that lies within the boundaries of the school corporation and that is not needed or required for the purpose for which it was acquired, the school corporation and the state may sell, trade, exchange, or convey to or with each other the unneeded real estate upon such terms and conditions mutually agreed upon and incorporated in an agreement between the trustees or board of trustees of the school corporation and the state or, if the real estate is held in the name of the trustees of an agency of the state, by the trustees.
(b) A value must be assigned to each parcel of real estate involved in the sale, trade, or exchange in the agreement. The assigned value must be the fair market value of the real estate as determined by three (3) appraisers appointed as follows:
(1) One (1) to be appointed by the board of trustees of the school corporation.
(2) One (1) to be appointed by the state or, if the real estate is held in the name of the trustees of an agency of the state, by the trustees.
(3) One (1) to be appointed by the two (2).
(c) The agreement must provide for payment by the party owning the real estate of the smaller value to the other party of the difference of value of the properties.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-54-1.]
As added by P.L.1-2005, SEC.10. Amended by P.L.189-2023, SEC.8.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-40. Sale or Exchange of Unneeded School Property to State; Execution of Deed

Sec. 40. Whenever:
(1) an agreement described in section 39 of this chapter is executed; and
(2) the payment of any money is made;
deeds of conveyance shall be executed by the trustees or board of trustees of the school corporation and by the state for the transfer of state owned real estate.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-54-2.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-41. Township Schools; Sale of Unused School Land

Sec. 41. A township trustee may, whenever:
(1) a schoolhouse is removed to a different location or a new one erected for the school in a different place; and
(2) the land where the schoolhouse is situated belongs unconditionally to the township, town, or city;
sell the land, if the trustee believes it is advantageous to the township, town, or city to do so. The township trustee shall sell the land for the highest price that can be obtained for the land. Upon payment of the purchase money to the township, town, or city, the township trustee shall execute to the purchaser a deed of conveyance, which must be sufficient to vest in the purchaser the title the township, town, or city has to the land. The money derived from the sale becomes a part of the school revenue.
[Pre-2006 Recodification Citation: 21-1-1-80.]
As added by P.L.2-2006, SEC.125.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-42. Township Schools; Subsequent Conveyance to Correct Error in Prior Conveyance

Sec. 42. (a) If an officer authorized to sell school land sells any lands without a title to the land, the officer or the officer's successor in office may convey other land of equal value that is agreed upon by the officer and the purchaser, purchaser's heirs, or purchaser's assigns. If an agreement is not made, the purchase money, with interest, shall be repaid to the purchaser, purchaser's heirs, purchaser's executors, purchaser's administrators, or purchaser's assigns.
(b) Purchase money may not be repaid until the prosecuting attorney has:
(1) investigated the facts of the case; and
(2) certified to the correctness of the claim.
[Pre-2006 Recodification Citation: 21-1-1-81.]
As added by P.L.2-2006, SEC.126.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-43. Repealed

[Pre-2006 Recodification Citations: subsection (a) formerly 21-1-5-1 part; subsection (b) formerly 21-1-5-2 part; subsection (c) formerly 21-1-5-2 part.]
As added by P.L.2-2006, SEC.127. Repealed by P.L.233-2015, SEC.130.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-44. Repealed

[Pre-2006 Recodification Citation: 21-2-9-1.]
As added by P.L.2-2006, SEC.128. Repealed by P.L.233-2015, SEC.131.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-45. Legalization of Certain School Corporation Actions in Acquiring Property Under Deed With Reverter Clause; School Corporation Rights in Case of Reversion

Sec. 45. (a) The actions of a school corporation taken before January 1, 1993, in acquiring any interest in real estate or a real estate improvement under a deed that contains a reverter clause that limits the use of the property by the school corporation are legalized.
(b) If a reversion occurs under a deed described in subsection (a), the school corporation is entitled to the improvements or the fair market value of the improvements made to the property by the school corporation.
As added by P.L.220-2011, SEC.329.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-46. Requirements for Contracts as a Design Professional for a Controlled Project

Sec. 46. A person, organization, or other entity that enters into a contract or an agreement with a school corporation to conduct a feasibility or cost study to assist the school corporation in determining the cost of a controlled project as described in IC 6-1.1-20-3.1(a) or IC 6-1.1-20-3.5(a) may not enter into a contract or agreement as the design professional on the controlled project with the school corporation to complete any part of the controlled project design unless the person, entity, or organization is awarded a contract as the design professional for the controlled project under IC 5-16-11.1.
As added by P.L.179-2016, SEC.8. Amended by P.L.246-2017, SEC.7.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7. Property and Eminent Domain › 20-26-7-48. School Corporation Annual Report Regarding Owned or Leased School Buildings

Sec. 48. (a) The following definitions apply throughout this section:
(1) "Current school year" refers to a year in which the governing body is required to conduct a review of school building usage under section 47(c) of this chapter.
(2) "Enrollment" has the meaning set forth in section 47(a)(3) of this chapter.
(b) This section applies to a school corporation only if:
(1) the total student enrollment for in-person instruction in the school corporation in the current school year is at least ten percent (10%) less than the student enrollment for in-person instruction in the school corporation in a school year that precedes the current school year by five (5); and
(2) the school corporation in the current school year has more than one (1) school building serving the same grade level as a school building subject to closure under section 47 of this chapter.
(c) Each school corporation shall annually report to the department, in the form and on the schedule specified by the department, the following information:
(1) A listing of all buildings owned or leased by the school corporation that were originally designed as a school building.
(2) The following information for each building listed in subdivision (1):
(A) Designed occupancy, regardless of current use.
(B) Current use (and percentage of use) for classroom instruction, as special use classrooms, as office space, or as storage or alternatively the building's status as transitioning from one (1) use or combination of uses to another.
(C) The following information:
(i) Current average full-time equivalent student enrollment for in-person instruction in the school building on instructional days (as determined under IC 20-30-2) in a school year.
(ii) Percentage of instructional use.
(iii) Percentage of use for other purposes.
(D) Self-evaluation of whether the building qualifies for closure under section 47 of this chapter or the school board otherwise intends to close the building and the date closure will occur (if applicable).
As added by P.L.189-2023, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-1. Application

Sec. 1. This chapter does not apply to the following:
(1) A school building that since July 1, 2011, is leased or loaned by the school corporation that owns the school building to another entity, if the entity is not a building corporation or other entity that is related in any way to, or created by, the school corporation or the governing body.
(2) A school corporation that distributes money that is received as part of a tax levy collected under IC 20-46-1 or IC 20-46-9 to an applicable charter school.
As added by P.L.270-2019, SEC.13. Amended by P.L.189-2023, SEC.11.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-2. "Charter School"

Sec. 2. As used in this chapter, "charter school" has the meaning set forth in IC 20-24-1-4 and includes an entity that has filed an application with an authorizer and is seeking approval from the authorizer to operate a charter school under IC 20-24-3.
As added by P.L.270-2019, SEC.13.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-2.1. "Covered School Building"

Sec. 2.1. As used in this chapter, "covered school building" means a school building that is owned by a school corporation or any other entity that is related in any way to, or created by, the school corporation or the governing body, including a building corporation, and that has at any time been used for classroom instruction.
As added by P.L.189-2023, SEC.12.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-2.2. "Interested Person"

Sec. 2.2. As used in this chapter, "interested person" refers to the following:
(1) Each state educational institution.
(2) Each charter school in a county where a school corporation with a covered school building subject to closure is located.
(3) All charter school authorizers (excluding school corporation authorizers as defined in IC 20-24-1-2.5(1)).
(4) Each trade or professional organization representing charter schools listed as an organization representing charter schools on the website of the department or otherwise known to a school corporation with a covered school building subject to closure.
(5) The Indiana charter school board.
(6) Each charter school that is not described in subdivision (2) that has provided a written notice of interest in a covered school building to the department.
As added by P.L.189-2023, SEC.13.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-2.3. "State Educational Institution"

Sec. 2.3. As used in this chapter, "state educational institution" has the meaning set forth in IC 21-7-13-32.
As added by P.L.155-2021, SEC.1.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-2.8. Authorizer Notification Requirement

Sec. 2.8. When a notice is given to an authorizer under this chapter or IC 20-26-7-47, the authorizer is responsible for notifying all charter schools authorized by or applying for authorization by the authorizer. The authorizer must provide the notice to charter schools not more than ten (10) days after the authorizer received the notice.
As added by P.L.189-2023, SEC.14.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-4.5. School Corporation Responsibility to Maintain Vacant Covered School Building

Sec. 4.5. (a) After a governing body passes a resolution or takes official action to close, no longer use, or no longer occupy a covered school building or the covered school building is required to be closed under IC 20-26-7-47, a school corporation is responsible for meeting the requirements described in subsection (b) until the applicable covered school building is:
(1) sold or leased to a charter school or state educational institution; or
(2) eligible to be sold or otherwise disposed in accordance with IC 36-1-11, IC 20-25-4-14, and IC 20-26-5-4(a)(7).
(b) During the period described in subsection (a), a school corporation is:
(1) responsible for the maintenance of a covered school building, including:
(A) protection against theft or vandalism;
(B) fire protection; and
(C) ensuring the covered school building is not damaged during adverse weather conditions;
(2) responsible for maintaining the physical condition of the covered school building in the same physical condition the applicable covered school building was on the last day that it was used for classroom instruction; and
(3) financially responsible for any damage or destruction that occurs to the covered school building.
As added by P.L.155-2021, SEC.4. Amended by P.L.189-2023, SEC.17.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-5. Sale or Transfer of Covered School Building; Responsibility to Maintain Covered School Building

Sec. 5. (a) If:
(1) a covered school building is sold to a charter school or state educational institution under section 4 of this chapter; and
(2) the charter school or state educational institution described in subdivision (1) no longer intends to use the covered school building for the purposes described in section 4(e) of this chapter;
the charter school or state educational institution shall offer to transfer the covered school building back to the school corporation that initially sold the covered school building to the charter school or state educational institution.
(b) If a school corporation described in subsection (a) declines the offer to transfer a covered school building back to the school corporation, the charter school or state educational institution may sell or transfer the covered school building to a third party. If a charter school or state educational institution sells or transfers a covered school building to a third party under this subsection, the charter school or state educational institution must transfer an amount equal to the gain in the property minus the adjusted basis (including costs of improvements to the covered school building) to the school corporation that initially sold the covered school building to the charter school or state educational institution. Gain and adjusted basis shall be determined in the manner prescribed by the Internal Revenue Code and the applicable Internal Revenue Service regulations and guidelines.
(c) A charter school or state educational institution that purchases a covered school building assumes total control of the covered school building and must maintain the covered school building, including utilities, insurance, maintenance, and repairs. In the event a:
(1) charter school does not use the covered school building for classroom instruction; or
(2) state educational institution does not use the covered school building for an academic purpose;
within two (2) years after acquiring the covered school building, the covered school building shall revert to the school corporation, which may sell or otherwise dispose of the covered school building under IC 36-1-11.
As added by P.L.270-2019, SEC.13. Amended by P.L.155-2021, SEC.5; P.L.189-2023, SEC.18.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-5.3. Sale or Lease of Covered School Building to Charter School

Sec. 5.3. (a) This section applies to a covered school building purchased or leased by a charter school under this chapter.
(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) If 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 sixty percent (60%) of:
(1) the known classroom design capacity of the school building; or
(2) if the design capacity is not known, the average maximum full-time equivalent enrollment in any of the last twenty-five (25) years, as validated by records created or maintained by the department;
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).
As added by P.L.189-2023, SEC.19.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-6. Responsibility for Expenses or Debt During Lease

Sec. 6. During the term of a lease under section 4 of this chapter, the charter school or state educational institution is responsible for the direct expenses related to the covered school building leased, including utilities, insurance, maintenance, repairs, and remodeling. If the lease involves co-locating charter schools or a co-location with a state educational institution, the obligations under the lease of the covered school building shall be joint and several. The school corporation is responsible for any debt incurred for or liens that attached to the covered school building before the charter school or state educational institution leased the covered school building.
As added by P.L.270-2019, SEC.13. Amended by P.L.155-2021, SEC.6; P.L.189-2023, SEC.20.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-7. Repealed

As added by P.L.270-2019, SEC.13. Amended by P.L.92-2020, SEC.28; P.L.155-2021, SEC.7. Repealed by P.L.189-2023, SEC.21.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-9. Compliance

Sec. 9. (a) The attorney general, in consultation with the department and state board, is authorized to take any action necessary to enforce a department or state board order under IC 20-26-7-47 or this chapter (or an order issued by the attorney general under this chapter (as effective before July 1, 2023)), including equitable actions to enjoin or mandate an action of a school corporation. No final court order shall be issued until the school corporation has had ninety (90) days after the department or state board has issued a final order to complete a sale or lease of the covered school building. If the attorney general does not commence legal action for an injunction to enforce a final order to make a covered school building available for purchase or lease under this chapter within one hundred (100) days after the date the final order was issued, the charter school or state educational institution that submitted the preliminary notice of interest to acquire or lease the covered school building may file a civil action to enforce this chapter.
(b) In addition to the remedy under subsection (a), if a school corporation does not comply with the requirements to sell or lease a covered school building under this chapter, the school corporation shall submit any proceeds from the sale of the covered school building to the state board, which shall be distributed equally between each charter school located in the attendance area of the school corporation. If no charter schools are located in the attendance area, the state board must use the proceeds to provide grants under the charter school and innovation grant program under IC 20-24-13. The attorney general is authorized to initiate any legal action necessary to ensure compliance with this chapter.
As added by P.L.270-2019, SEC.13. Amended by P.L.155-2021, SEC.9; P.L.189-2023, SEC.24.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 7.1. Transfers of Vacant School Buildings to Charter Schools › 20-26-7.1-10. Violation

Sec. 10. (a) The following may adopt rules under IC 4-22-2 to carry out this chapter:
(1) The department.
(2) The state board.
(3) The attorney general.
(b) A finding by the attorney general of a violation of this chapter (as effective before July 1, 2023) shall have the effect of a final order of the state board under this chapter (as effective after June 30, 2023).
(c) A finding by the attorney general under this chapter (as effective before July 1, 2023) does not determine whether there is a violation of this chapter (as effective after June 30, 2023).
As added by P.L.189-2023, SEC.25.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 8. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
20-26-8-1formerly 20-5-37-120-26-8-2formerly 20-5-37-220-26-8-3formerly 20-5-37-320-26-8-4formerly 20-5-37-420-26-8-5formerly 20-5-38-120-26-8-6formerly 20-5-38-220-26-8-7formerly 20-5-38-320-26-8-8formerly 20-5-39-120-26-8-9formerly 20-5-39-220-26-8-10formerly 20-5-39-320-26-8-11formerly 20-5-39-420-26-8-12formerly 20-5-39-520-26-8-13formerly 20-5-4-1.]
Repealed by P.L.233-2015, SEC.132.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-1. "Participating School Corporation"

Sec. 1. As used in this chapter, "participating school corporation" refers to a school corporation that includes at least one (1) qualifying school building.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-1.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-2. "Qualifying School Building"

Sec. 2. As used in this chapter, "qualifying school building" refers to a public school building in which:
(1) at least fifteen percent (15%) of the students who were enrolled at that school building during the prior school year qualified for free or reduced price lunches under guidelines established under 42 U.S.C. 1758(b); and
(2) lunches are served to students.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.54-2006, SEC.1; P.L.233-2015, SEC.133.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-3. "School"

Sec. 3. As used in this chapter, "school" means the following:
(1) An Indiana public school in which any grade from kindergarten through grade 12 is taught.
(2) A nonpublic school in which any grade from kindergarten through grade 12 is taught that is not operated for profit in whole or in part.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-1(b).]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-4. "School Board"

Sec. 4. As used in this chapter, "school board" means:
(1) when applicable to a public school of Indiana, the board of school trustees, board of school commissioners, school board of incorporated towns and cities, and township school trustees; or
(2) when applicable to a school other than a public school, a person or agency in active charge and management of the school.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-1(a).]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-5. "School Breakfast Program"

Sec. 5. As used in this chapter, "school breakfast program" refers to a program under which breakfast is served at a qualifying school building on a nonprofit basis to students enrolled at the qualifying school building.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-3.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-6. "School Lunch Program"

Sec. 6. As used in this chapter, "school lunch program" means a program under which lunches are served by a school in Indiana on a nonprofit basis to children in attendance, including any program under which a school receives assistance out of funds appropriated by the Congress of the United States.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-1(c).]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-7. Authority of Secretary of Education to Accept and Disburse Federal Funds for School Lunch Programs

Sec. 7. (a) The secretary of education may accept and direct the disbursement of funds appropriated by any act of the United States Congress and apportioned to the state for use in connection with school lunch programs.
(b) The secretary of education shall deposit all funds received from the federal government with the treasurer of state in a special account or accounts to facilitate the administration of the program. The treasurer of state shall make disbursements from the account or accounts upon direction of the secretary of education.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.43-2021, SEC.71.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-8. Establishment and Operation of School Lunch Programs

Sec. 8. (a) The secretary of education may enter into agreements with a school board or with any other agency or person, prescribe regulations, employ personnel, and take any action that the secretary of education may consider necessary to provide for the establishment, maintenance, operation, and expansion of a school lunch program and to direct the disbursement of federal and state funds under any federal or state law.
(b) The secretary of education may give technical advice and assistance to a school corporation in connection with the establishment and operation of a school lunch program and may assist in training personnel engaged in the operation of the program. The secretary of education and any school corporation or sponsoring agency may accept any gift for use in connection with a school lunch program.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.43-2021, SEC.72.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-8.5. Census Income Exclusion for Eligibility Determination

Sec. 8.5. Except as otherwise provided under federal law, income that an individual earns employed at a temporary job as a census worker may not be considered as a resource, asset, or income in determining an applicant's or recipient's eligibility for a school lunch program that offers free or reduced price lunches.
As added by P.L.14-2020, SEC.9.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-9. Sponsoring Agencies for School Lunch Program; Appointment

Sec. 9. A governing body may:
(1) operate or, by the appointment of a sponsoring agency, provide for the operation of school lunch programs in schools under the governing body's jurisdiction;
(2) contract with respect to food, services, supplies, equipment, and facilities for the operation of the programs; and
(3) use funds disbursed under this chapter and gifts and other funds received from the sale of school lunches under the programs.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-4.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-10. Accounts and Records; Inspection, Audits, and Administrative Reviews

Sec. 10. (a) The secretary of education shall prescribe rules for keeping accounts and records and making reports by or under the supervision of a governing body.
(b) The accounts and records shall:
(1) be available for inspection and audit at all times by authorized officials; and
(2) be preserved for at least five (5) years, as the secretary of education may prescribe.
(c) The secretary of education shall conduct or cause to be conducted any audits, inspections, and administrative reviews of completed applications, acts, records, and operations of a school lunch program necessary to do the following:
(1) Determine whether agreements with the governing body and rules under this chapter are being complied with.
(2) Ensure that a school lunch program is effectively administered.
(3) Ensure that participants meet all requirements to participate in the school lunch program.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-5.]
As added by P.L.1-2005, SEC.10. Amended by P.L.197-2013, SEC.15; P.L.43-2021, SEC.73.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-11. Studies to Improve School Lunch Programs and Promote Nutritional Education

Sec. 11. The secretary of education may, to the extent that funds are available and in cooperation with other appropriate agencies and organizations, do the following:
(1) Conduct studies of methods of improving and expending school lunch programs and promoting nutritional education in the schools.
(2) Conduct appraisals of the nutritive benefits of school lunch programs.
(3) Report the findings and recommendations periodically to the governor.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-6.]
As added by P.L.1-2005, SEC.10. Amended by P.L.43-2021, SEC.74.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-12. Authority to Operate School Kitchens and Lunchrooms; Appropriations; State Aid Contingent on Federal Aid

Sec. 12. (a) School cities, school towns, and joint districts may:
(1) establish, equip, operate, and maintain school kitchens and school lunchrooms for the improvement of the health of students and for the advancement of the educational work of their respective schools;
(2) employ all necessary directors, assistants, and agents; and
(3) appropriate funds for the school lunch program.
Participation in a school lunch program under this chapter is discretionary with the governing board of a school corporation.
(b) If federal funds are not available to operate a school lunch program:
(1) the state may not participate in a school lunch program; and
(2) money appropriated by the state for that purpose and not expended shall immediately revert to the state general fund.
(c) Failure on the part of the state to participate in the school lunch program does not invalidate any appropriation made or school lunch program carried on by a school corporation by means of gifts or money appropriated from state tuition support distributions received by the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13-9.]
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008, SEC.468; P.L.233-2015, SEC.134.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-13. Implementation of School Breakfast Program

Sec. 13. The governing body of a participating school corporation shall implement or contract for the implementation of a school breakfast program at each qualifying school building within the school corporation's boundaries.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-4.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-14. Compliance With National School Breakfast Program Participation Requirements

Sec. 14. A governing body shall implement the governing body's breakfast program in compliance with the requirements for participation in the national school breakfast program under 42 U.S.C. 1773 et seq.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-15. Assistance of Department

Sec. 15. The department shall assist each participating school corporation in implementing the school's breakfast program and in making all appropriate applications to the federal government for available financial assistance on behalf of the participating school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-6.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-16. Department to Monitor Programs and Maintain Records

Sec. 16. The department shall monitor the school breakfast programs required under this chapter and maintain complete and accurate records of the programs.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-7.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-17. Department to Establish Guidelines

Sec. 17. (a) The department shall establish guidelines to implement this chapter.
(b) The state board may adopt rules under IC 4-22-2 to implement this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-13.5-8.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-18. School Health Advisory Councils

Sec. 18. (a) Before July 1, 2007, each school board may establish a coordinated school health advisory council (referred to as the "advisory council" in this section). The advisory council may review the corporation's wellness policies on a yearly basis and suggest to the governing body for approval changes to the policies that comply with the requirements of federal Public Law 111-296 and IC 5-22-15-24(c) before July 1 of each year. The advisory council must hold at least one (1) hearing at which public testimony about the local wellness policy being developed is allowed.
(b) The governing body may appoint the members of the advisory council, which must include the following:
(1) Parents.
(2) Food service directors and staff.
(3) Students.
(4) Nutritionists or certified dietitians.
(5) Health care professionals.
(6) School board members.
(7) A school administrator.
(8) Representatives of interested community organizations.
(c) In adopting a school corporation policy on child nutrition and physical activity policy under federal Public Law 111-296, the governing body may take into consideration recommendations made by the advisory council.
(d) The department shall, in consultation with the Indiana department of health, provide technical assistance to schools, including providing information on health, nutrition, and physical activity, through educational materials and professional development opportunities.
As added by P.L.54-2006, SEC.2. Amended by P.L.233-2015, SEC.135; P.L.56-2023, SEC.178.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 9. School Breakfast and Lunch Programs › 20-26-9-18.5. Food and Beverage Nutritional Requirements

Sec. 18.5. All food and beverages, other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutritional Act of 1966 (42 U.S.C. 1751 et seq.) that are available for sale to students at school during the school day must meet or exceed the nutrition requirements prescribed for such food and beverages by the United States Secretary of Agriculture under 7 CFR 210.11.
As added by P.L.233-2015, SEC.136.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-1. "Joint Program"

Sec. 1. As used in sections 2 through 9 of this chapter, "joint program" means the joint employment of personnel, joint purchase of supplies or other material, or joint purchase or lease of equipment, joint lease of land or buildings, or both, or joint construction of, remodeling of, or additions to school buildings, by two (2) or more school corporations, for a particular program or purpose. The term includes the joint investment of money under IC 5-13, data processing operations, career and technical education, psychological services, audiovisual services, guidance services, special education, and joint purchasing related to the acquisition of supplies or equipment that are not to be used jointly.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-1(a).]
As added by P.L.1-2005, SEC.10. Amended by P.L.234-2007, SEC.104.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-2. "Participating School Corporation"

Sec. 2. As used in sections 3 through 9 of this chapter, "participating school corporations" means all school corporations engaging in a joint program.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-1(d).]
As added by P.L.1-2005, SEC.10.