20-31-9.5-2. Use of existing buildings; transportation; responsibilities of school corporation; hearing

IN Code § 20-31-9.5-2 (2019) (N/A)
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Sec. 2. (a) If the state board assigns a special management team under IC 20-31-9-4 to operate a school as a turnaround academy, for as long as the special management team operates the turnaround academy the following requirements apply:

(1) The special management team has the right to use any school building and all facilities and property otherwise part of the school and recognized as part of the facilities or assets of the school before its placement as a turnaround academy, including the building's contents, equipment, and supplies, and is entitled access to such additional facilities as were typically available to the school and its students, faculty, and staff before its placement as a turnaround academy. The special management team shall maintain and repair the buildings and grounds in a manner that is at least consistent with the maintenance and repair of the other buildings and grounds within the school corporation. The special management team shall maintain the building's contents and equipment in a reasonable manner.

(2) The special management team shall receive, control, and expend a pro rata share of the property tax revenue distributed to the school corporation under IC 6-1.1-27-1. The amount of property tax revenue shall be calculated by the department of local government finance on the basis of student enrollment for students attending that school who have legal settlement in the taxing unit other than the amount obligated to pay for existing debt service. The school corporation shall remit this amount to the special management team at a frequency determined by the state board in consultation with the department and the school corporation. This subsection does not apply if the school corporation provides services and funding to the special management team pursuant to an operations, maintenance, and repair agreement entered into before July 1, 2015.

(3) The special management team shall either:

(A) provide transportation for students attending the turnaround academy; or

(B) contract with the school corporation to provide transportation for students attending the turnaround academy.

Transportation must be provided at the same level of service the school corporation provided before the school became a turnaround academy.

(b) The school corporation:

(1) may not take action adverse to the special management team's operation of the school, including, but not limited to, taking action to dispose of or cloud the title of the real property on which the school is located or removing or disposing of personal property located in or assigned to the school; and

(2) shall, not later than forty-five (45) days after the state board executes a contract with a special management team under section 7 of this chapter, provide to the special management team all student records and other data in a manner consistent with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99) for the students who attended the school immediately before the school qualified for intervention under IC 20-31-9.

(c) If the special management team contracts with a school corporation for goods or services, the school corporation may not charge the special management team more for the goods or services than the school corporation pays for the goods or services.

(d) If the state board determines that the school corporation has not complied with any provision of subsection (b) or (c), the state board may order the department:

(1) to withhold from the school corporation additional state funds otherwise to be distributed to the school corporation; and

(2) to distribute those funds to the special management team;

in order to permit the special management team to operate the school notwithstanding the school corporation's noncompliance with subsection (b) or (c).

(e) The special management team and the school corporation's board shall hold a joint public meeting at least two (2) times each year to discuss issues and progress concerning the turnaround academy.

As added by P.L.229-2011, SEC.190. Amended by P.L.223-2015, SEC.9.