(a)The following definitions apply
throughout this section:
(1)"Covered school building" has the meaning set forth in IC 20-26-7.1-2.1.
(2)"Current school year" refers to a year in which the governing
body is required to conduct a review of school building usage
under subsection (c).
(3)"Enrollment" refers to the following:
(A)Except as provided in clause (B), students counted in ADM
(as defined in IC 20-43-1-6) in the first count date for a school
year fixed under IC 20-43-4-3.
(B)With regard to a school corporation, students counted in a
school corporation's fall count of ADM minus all students
counted in the fall count of ADM who are enrolled in eligible
schools that:
(i)have entered into an agreement with the school
corporation to participate as a participating innovation
networ
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(a) The following definitions apply
throughout this section:
(1) "Covered school building" has the meaning set forth in IC 20-26-7.1-2.1.
(2) "Current school year" refers to a year in which the governing
body is required to conduct a review of school building usage
under subsection (c).
(3) "Enrollment" refers to the following:
(A) Except as provided in clause (B), students counted in ADM
(as defined in IC 20-43-1-6) in the first count date for a school
year fixed under IC 20-43-4-3.
(B) With regard to a school corporation, students counted in a
school corporation's fall count of ADM minus all students
counted in the fall count of ADM who are enrolled in eligible
schools that:
(i) have entered into an agreement with the school
corporation to participate as a participating innovation
network charter school under IC 20-25.7-5; and
(ii) are included in the school corporation's fall ADM count.
(4) "Interested person" has the meaning set forth in IC 20-26-7.1-2.2.
(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 the
school building subject to closure under this section.
(c) Each school year, the governing body of a school corporation
shall review the usage of school buildings used by the school
corporation to determine whether any school building should be closed
for the ensuing school year and subsequent school years.
(d) A school corporation shall close a school building for the
ensuing school year (and subsequent school years) if:
(1) at any time the school building had been used for classroom
instruction;
(2) in the current school year and the two (2) school years
immediately preceding the current school year the school building
was underutilized for classroom instruction purposes or other
allowable uses specified by this section;
(3) as of the end of the school year before the school building is
required to be closed under this section, the school corporation
was not subject to a transitional plan adopted by the governing
body and approved by the department to use the school building
for an allowable use not later than the next school year after the
school building is otherwise required to be closed under this
section;
(4) in the case of a school building that was used in any part in the
current school year for instructional purposes, the school
corporation has another school building:
(A) with sufficient capacity to take the students using the
school building being considered for closure; and
(B) that does not require more than twenty (20) minutes of
travel time by car or bus from the school building being
considered for closure; and
(5) the school building is not a school building described in IC 20-26-7.1-1, IC 20-26-7.1-3(b), IC 20-26-7.1-3(c), or IC 20-26-7.1-3(d).
(e) For purposes of this section, a school building is underutilized
in a school year if the school building is not used for any of the
following allowable uses:
(1) The number of full-time equivalent students enrolled for
in-person instruction in the school building on instructional days
(as determined under IC 20-30-2) for instructional purposes,
averaged over the current school year and the two (2) school years
immediately preceding the current school year, is at least fifty
percent (50%) of:
(A) the known classroom design capacity of the school
building; or
(B) 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.
(2) The school corporation demonstrates through facts included
in a resolution that the school building is being used and that it is
financially prudent to continue to use the school building,
considering all community resources, for a distinct student
population that reasonably cannot be served through integration
with the general school population, such as students attending an
alternative education program (as defined in IC 20-30-8-1).
However, to be an allowable use under this subdivision, the
average number of full-time equivalent students using the school
building in a school year for instructional purposes must be at
least thirty percent (30%) of:
(A) the known classroom design capacity of the school
building; or
(B) 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; and
(if multiple school buildings are used for the same purposes)
combining the student populations into fewer school buildings is
not reasonably feasible.
(3) The school corporation demonstrates through facts included
in a resolution that the school building is being used and that it is
financially prudent to continue to use the school building,
considering all community resources, for administrative or other
school offices. However, to be an allowable use under this
subdivision, at least fifty percent (50%) of the square footage of
the school building must be used for offices, the personnel
headquartered in the school building must consistently use the
space for office purposes, and the occupancy cost of using the
school building cannot be more than comparable office space that
is available in the school district.
(4) The school corporation demonstrates through facts included
in a resolution that the school building is being used and that it is
financially prudent to continue to use the school building,
considering all community resources, for storage. However, to be
an allowable use under this subdivision, at least fifty percent
(50%) of the square footage of the school building must be used
for storage, on average the storage space must be used to capacity,
and the cost of using the school building for storage must be less
than comparable storage space that is available in the school
district.
(5) The school corporation demonstrates through facts included
in a resolution that the school building is being used and that it is
financially prudent to continue to use the school building,
considering all community resources, for a combination of office
space and storage. However, to be an allowable use under this
subdivision, at least fifty percent (50%) of the square footage of
the school building must be used for a combination of office
space and storage and:
(A) the personnel headquartered in the school building must
consistently use the office space for office purposes, and the
occupancy cost of using the office space, calculated using the
costs of operating the school building, cannot be more than
comparable office space that is available in the school district;
and
(B) on average, the storage space must be used to capacity and
the cost of using the school building for storage must be less
than comparable storage space that is available in the school
district.
(f) Closure of a school building that is:
(1) owned by the school corporation or any other entity that is
related in any way to, or created by, the school corporation or the
governing body; or
(2) jointly owned in the same manner by two (2) or more school
corporations;
shall be carried out in conformity with IC 20-26-7.1.
(g) Before filing a petition under subsection (h), a charter school or
state educational institution that is interested in a school corporation's
school building must give written notice to the school corporation to
determine whether an agreement can be reached regarding the school
corporation making the school building available for lease or purchase
under IC 20-26-7.1.
(h) If an agreement is not reached within forty-five (45) days after
the date that the school corporation receives the notice under
subsection (g), the charter school or state educational institution may
petition the department to initiate or the department on its own may
initiate a proceeding for a determination as to whether a school
building meets the criteria for closure under this section or a covered
school building that is no longer used for classroom instruction by a
school corporation should be made available under IC 20-26-7.1. If a
charter school or state educational institution petitions the department
under this subsection, the charter school or state educational institution
must provide a copy of the petition to the applicable school
corporation.
(i) An interested person that is not otherwise a party to the
proceeding may intervene in the proceeding under subsection (h) as a
party. The school corporation has the burden of going forward with the
evidence and the burden of proof to demonstrate that the school
building does not meet the criteria for closure or the covered school
building is not required to be made available under IC 20-26-7.1.
(j) Not more than sixty (60) days after receiving notice of a petition
under subsection (h), the school corporation must:
(1) file a response to the petition that notifies the department that
the school corporation:
(A) is not contesting the petition; or
(B) is contesting the petition and states the facts upon which the
school corporation relies in contesting the petition; and
(2) provide a copy of the response to the petitioner and any
intervening party.
(k) If the school corporation:
(1) files a response that the school corporation is not contesting
the petition; or
(2) fails to submit a timely response under subsection (j);
the department shall issue an order granting the petition. A petition and
any response or reply are public documents.
(l) If a school corporation contests a petition under subsection (j),
a party to the proceeding has not more than sixty (60) days after the
date that the school corporation files a response under subsection (j) to
submit a reply to the school corporation's response.
(m) The department shall make a determination regarding a petition
under subsection (h) not more than one hundred twenty (120) days after
the date that the:
(1) petitioner and any intervening party have submitted a reply
under subsection (l); or
(2) time period to reply under subsection (l) has expired.
(n) A school corporation or another party to the proceeding may file
with the state board a petition requesting review of the department's
determination. Upon receipt of a petition under this subsection, the
state board shall review the department's determination. An appeal to
the state board shall be subject to the procedure described in IC 20-26-11-15(b).
(o) Upon the issuance of a final unappealable order granting a
petition, the school corporation shall make the school building
available for lease or purchase in accordance with IC 20-26-7.1.