§ 20-24-7-4 — Costs of services provided by school corporation; administrative fees for authorizers

(a) Services that a school corporation provides
to a charter school, including transportation, may be provided at not
more than one hundred three percent (103%) of the actual cost of the
services.
(b) This subsection applies to an authorizer that is a state
educational institution described in IC 20-24-1-2.5(2). Except as
provided in subsection (f), in a state fiscal year, a state educational
institution may receive from the organizer of a charter school
authorized 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 state fiscal year from basic tuition support
(as defined in IC 20-43-1-8).
(c) This subsection applies to the executive of a consolidated city
that authorizes a charter school. Except as provided in subsection (f),
in a state fiscal year, the executive may collect from the organizer of a
charter school authorized by the executive an administrative fee equal
to not more than three percent (3%) of the total amount the organizer
receives during the state fiscal year for basic tuition support.
(d) This subsection applies to an authorizer that is a nonprofit
college or university that is approved by the state board of education.
Except as provided in IC 20-24-2.2-1.5 and subsection (f), in a state
fiscal year, a private college or university may collect from the
organizer of a charter school authorized by the private college or
university an administrative fee equal to not more than three percent
(3%) of the total amount the organizer receives during the state fiscal
year for basic tuition support.
(e) This subsection applies to the charter board. Except as provided
in subsection (f), in a state fiscal year, the charter school board may
collect from the organizer of a charter school authorized by the charter
board an administrative fee equal to not more than three percent (3%)
of the total amount the organizer receives during the state fiscal year
for basic tuition support.
(f) This subsection applies to an adult high school. An authorizer
described in subsections (b) through (e) may collect an administrative
fee equal to not more than three percent (3%) of the total state
appropriation to the adult high school for a state fiscal year under
section 13.5 of this chapter.
(g) An authorizer's administrative fee may not include any costs
incurred in delivering services that a charter school may purchase at its
discretion from the authorizer. The authorizer shall use its funding
provided under this section exclusively for the purpose of fulfilling
authorizing obligations.
(h) Except for oversight services, a charter school may not be
required to purchase services from its authorizer as a condition of
charter approval or of executing a charter contract, nor may any such
condition be implied.
(i) A charter school may choose to purchase services from its
authorizer. In that event, the charter school and authorizer shall execute
an annual service contract, separate from the charter contract, stating
the parties' mutual agreement concerning the services to be provided
by the authorizer and any service fees to be charged to the charter
school. An authorizer may not charge more than market rates for
services provided to a charter school.
(j) Not later than ninety (90) days after the end of each fiscal year,
each authorizer shall provide to each charter school it authorizes an
itemized accounting of the actual costs of services purchased by the
charter school from the authorizer. 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.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-5.5-7-4.]

Legislative History

As added by P.L.1-2005, SEC.8. Amended by P.L.2-2006, SEC.108; P.L.146-2008, SEC.462; P.L.91-2011, SEC.18; P.L.205-2013, SEC.231; P.L.47-2014, SEC.5; P.L.221-2015, SEC.11.