Indiana § 20-26-7.1-9 Compliance

Indiana Statutes

§ 20-26-7.1-9 — Compliance

Indiana § 20-26-7.1-9

Title 20EDUCATION

Art. 26SCHOOL CORPORATIONS: GENERAL

Ch. 7.1Transfers of Vacant School Buildings to Charter

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Bluebook

Ind. Code § 20-26-7.1-9 (2026).

Text

(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.

(b)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 hun

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(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.
(b) 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, a charter school or
state educational institution that provides, any time before one hundred
(100) days after the date the final order was issued, a written notice of
interest to purchase or lease the school building to the:
(1) school corporation;
(2) department; and
(3) office of the attorney general;
may file a civil action to enforce this chapter.
(c) In addition to the remedy under subsections (a) and (b), 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, including ensuring compliance by
the department regarding providing notification to interested persons
under section 4 of this chapter.
(d) If a school corporation transfers a covered school building in
violation of this chapter, the transfer is void. The attorney general or a
charter school may bring an action in court against the school
corporation and the transferee to enjoin the violation of this chapter and
void the transfer of the covered school building. If a charter school
brings an action under this subsection and the court finds a school
corporation transferred a covered school building in violation of this
chapter, the court shall award reasonable attorney's fees to the charter
school.