§ 20-23-9-6 — Determinations at factfinding hearings

Indiana § 20-23-9-6

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 23: ORGANIZATION OF SCHOOL CORPORATIONS
• Ch. 9: Annexation of a Township School Corporation

Text

(a) At a factfinding hearing under section 5 of
this chapter, the department of local government finance shall
determine the following:
(1) Whether the township school has made all payments required
by any statute, including the following:
(A) P.L.32-1999.
(B) IC 20-23-5-12.
(C) The resolution or plan of annexation of the township
school, including:
(i) any amendment to the resolution or plan;
(ii) any supporting or related documents; and
(iii) any agreement between the township school and an
annexing corporation relating to the winding up of affairs of
the township school.
(2) The amount, if any, by which the township school is in arrears
on any payment described in subdivision (1).
(3) Whether the township school has filed with the department of
local government finance all reports concerning the affairs of the
township school, including all transfer tuition reports required for
the two (2) school years immediately preceding the date on which
the township school was annexed.
(b) In determining the amount of arrears under subsection (a)(2), the
department of local government finance shall consider all amounts due
to an annexing corporation, including the following:
(1) Any transfer tuition payments due to the annexing corporation.
(2) All levies, excise tax distributions, and state distributions
received by the township school and due to the annexing
corporation, including levies and distributions received by the
township school after the date on which the township school was
annexed.
(3) All excessive levies that the township school agreed to impose
and pay to an annexing corporation but failed to impose.
(c) If, in a hearing under this section, the department of local
government finance determines that a township school has:
(1) under subsection (a)(1), failed to make a required payment; or
(2) under subsection (a)(3), failed to file a required report;
the department may act under section 7 of this chapter.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-57-7.]

Legislative History

As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.24; P.L.182-2009(ss), SEC.312.