(a)Subject to subsections (b), (e), and (f) and
this chapter, the governing body of a school corporation may adopt a
resolution to place a referendum under this chapter on the ballot for any
of the following purposes:
(1)The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
(2)The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under IC 6-1.1-20.6.
(b)A resolution for a referendum described in:
(1)section 21 of this chapter; or
(2)section 22 of this chapter;
shall spe
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(a) Subject to subsections (b), (e), and (f) and
this chapter, the governing body of a school corporation may adopt a
resolution to place a referendum under this chapter on the ballot for any
of the following purposes:
(1) The governing body of the school corporation determines that
it cannot, in a calendar year, carry out its public educational duty
unless it imposes a referendum tax levy under this chapter.
(2) The governing body of the school corporation determines that
a referendum tax levy under this chapter should be imposed to
replace property tax revenue that the school corporation will not
receive because of the application of the credit under IC 6-1.1-20.6.
(b) A resolution for a referendum described in:
(1) section 21 of this chapter; or
(2) section 22 of this chapter;
shall specify that a portion of the proceeds collected from the proposed
levy will be distributed to applicable charter schools in the manner
described under this chapter.
(c) The governing body of the school corporation shall certify a
copy of the resolution to place a referendum on the ballot to the
following:
(1) The department of local government finance, including:
(A) the language for the question required by section 10 of this
chapter, or in the case of a resolution to extend a referendum
levy certified to the department of local government finance
after March 15, 2016, section 10.1 of this chapter; and
(B) a copy of the revenue spending plan adopted under
subsection (f).
The governing body of the school corporation shall also provide
the county auditor's certification described in section 10(e) or
10.1(f) of this chapter, as applicable. The department of local
government finance shall post the values certified by the county
auditor to the department's website. The department shall review
the language for compliance with section 10 or 10.1 of this
chapter, whichever is applicable, and either approve or reject the
language. The department shall send its decision to the governing
body of the school corporation not more than ten (10) days after
the resolution is submitted to the department. If the language is
approved, the governing body of the school corporation shall
certify a copy of the resolution, including the language for the
question and the department's approval.
(2) The county fiscal body of each county in which the school
corporation is located (for informational purposes only).
(3) The circuit court clerk of each county in which the school
corporation is located.
(d) If a school safety referendum tax levy under IC 20-46-9 has been
approved by the voters in a school corporation at any time in the
previous three (3) years, the school corporation may not:
(1) adopt a resolution to place a referendum under this chapter on
the ballot; or
(2) otherwise place a referendum under this chapter on the ballot.
(e) This subsection applies to a resolution described in section 21 or
22 of this chapter. Not later than sixty (60) days before the resolution
is voted on by the governing body, the school corporation shall contact
the department to determine the following:
(1) In the case of a resolution described in section 22 of this
chapter, whether the school corporation is exempt from revenue
sharing requirements under section 22(a)(2) of this chapter. If the
school corporation is determined to be exempt, the department
shall notify the school corporation, and the school corporation is
not required to contact charter schools concerning participation
under subsection (h), shall exclude distributions to charter schools
under section 22 of this chapter, and shall exclude charter schools
from the projection described in this subsection.
(2) If the school corporation is not determined to be exempt from
revenue sharing requirements under subdivision (1), the number
of students in kindergarten through grade 12 who:
(A) have legal settlement in the school corporation but attend
a charter school, excluding virtual charter schools or adult high
schools; and
(B) receive not more than fifty percent (50%) virtual
instruction.
Not later than ten (10) days after receiving the request, the department
shall provide the school corporation with the requested information,
which shall be disaggregated for each particular charter school. Subject
to subsection (h), the resolution shall include a projection of the
amount that the school corporation expects, based on the information
provided by the department under this subsection, to be distributed to
a particular charter school under section 21 or 22 of this chapter.
(f) As part of the resolution described in subsection (a), the
governing body of the school corporation shall adopt a revenue
spending plan for the proposed referendum tax levy that includes:
(1) an estimate of the amount of annual revenue expected to be
collected if a levy is imposed under this chapter;
(2) the specific purposes for which the revenue collected from a
levy imposed under this chapter will be used;
(3) an estimate of the annual dollar amounts that will be expended
for each purpose described in subdivision (2); and
(4) for a resolution for a referendum that is described in section
21 or 22 of this chapter, the projected revenue that shall be
distributed to charter schools. The revenue spending plan shall
also take into consideration deviations in the proposed revenue
spending plan if the actual charter school distributions exceed or
are lower than the projected charter school distributions described
in subsection (e). The resolution shall include for each charter
school that elects to participate under subsection (h) information
described in subdivisions (1) through (3).
(g) A school corporation shall specify in its proposed budget the
school corporation's revenue spending plan adopted under subsection
(f) and annually present the revenue spending plan at its public hearing
on the proposed budget under IC 6-1.1-17-3.
(h) This subsection applies to a resolution described in section 21
or 22 of this chapter. Except as provided in subsection (e), not later
than forty-five (45) days before the resolution is voted on by the
governing body, the school corporation shall contact each charter
school disclosed by the department to the school corporation under
subsection (e) to determine whether the charter school will:
(1) in the case of a resolution described in section 21 of this
chapter, elect to participate; or
(2) in the case of a resolution described in section 22 of this
chapter, elect to not participate;
in the referendum. The notice must include the total amount of the
school corporation's expected need, the corresponding estimate for that
amount divided by the number of students enrolled in the school
corporation, and the date on which the governing body of the school
corporation will vote on the resolution. Not later than thirty (30) days
prior to the date that the resolution is to be voted on by the governing
body, the charter school must respond in writing to the school
corporation and to the department, which may be by electronic mail,
and, in the case of the school corporation, addressed to the
superintendent of the school corporation. A charter school that elects
to not participate in the referendum may not subsequently change that
election during the term of the referendum.
(i) If a charter school will not participate in the referendum, the
school corporation shall exclude distributions to the charter school
under this chapter and from the projection described in subsection (e).
If a charter school will participate in the referendum, the charter
school:
(1) must be included in the projection described in subsection (e);
and
(2) shall contribute a proportionate share of the cost to conduct
the referendum based on the total combined ADM of the school
corporation and any participating charter schools.
(j) This subsection applies to a resolution described in section 21 or
22 of this chapter. At least thirty (30) days before the referendum
submitted to the voters under this chapter is voted on by the public in
a general election, the school corporation that is pursuing the
referendum and any charter school that will participate under
subsection (h) shall post a referendum disclosure statement on each
school's respective website that contains the following information:
(1) The salaries by position within the school corporation or
charter school listed from highest salary to lowest salary and a
link to Gateway Indiana for access to individual salaries.
(2) An acknowledgment that the school corporation or charter
school is not committing any crime described in IC 35-44.1-1.
(3) A link to the school corporation's or charter school's most
recent state board of accounts audit on the state board of accounts'
website.
(4) The current enrollment of the school corporation or charter
school disaggregated by student group and race.
(5) The school corporation's or charter school's high school
graduation rate.
(6) The school corporation's or charter school's annual retention
rate for teachers for the previous five (5) years.
(k) Not later than July 15, 2025, the department of education shall
prescribe the manner in which a projection described in subsection (e)
shall be calculated.
(l) A charter school that begins operations after a resolution under
this section or section 8.5 of this chapter is voted on by the governing
body for a particular referendum may not receive an option to elect to
participate in that referendum during the term of that referendum.
[Pre-2006 Recodification Citation: 6-1.1-19-4.5(c)
part.]