Section 20-26-7.1-1 - Application; referendum qualifications(a) For purposes of this section, "charter school" does not include a virtual charter school or an adult high school.(b) This chapter does not apply to the following:(1) A school building that since July 1, 2011, is leased or loaned by the school corporation that owns the school building to another entity, if the entity is not a building corporation or other entity that is related in any way to, or created by, the school corporation or the governing body.(2) A school corporation to which all of the following apply:(A) The county auditor distributes revenue after May 10, 2023, as required under IC 20-46-1-21 to each charter school described in IC 20-46-1-21(b).(B) If the school corporation listed in IC 20-46-9-22 receives revenue from a school safety referendum tax levy under IC 20-46-9, the county auditor distributes revenue after May 10, 2023, as required under IC 20-46-9-22 to each charter school described in IC 20-46-9-22(b). The above subdivisions are intended to apply retroactively. No referendums or distributed revenue prior to May 10, 2023, are effective to provide exemption from this chapter.
(3) A school corporation to which all of the following apply:(A) The school corporation approves a resolution after May 10, 2023, to impose an operating referendum tax levy under IC 20-46-1 after May 10, 2023, that includes sharing the revenue from the referendum tax levy in the amounts described in clause (B) with each charter school that:(i) a student who resides within the attendance area of the school corporation attends; and(ii) elects to participate in the referendum. The above subdivisions are intended to apply retroactively. No resolutions, referendums, or distributed revenue prior to May 10, 2023, are effective to provide exemption from this chapter.
(B) The amount of referendum tax levy revenue that the school corporation is required to share with each charter school under the resolution described in clause (A) is equal to the amount determined applying the formula under IC 20-46-1-21(d).(C) The referendum tax levy described in clause (A) is approved by the voters.(D) The school corporation distributes the amounts described in clause (B) to each charter school described in clause (A).(E) If the school corporation receives revenue from a school safety referendum tax levy under IC 20-46-9, the school corporation shares the revenue from the school safety referendum tax levy with each charter school that:(i) a student who resides within the attendance area of the school corporation attends; and(ii) elects to participate in the referendum; in an amount equal to the amount determined applying the formula under IC 20-46-9-22(d).
(c) In order for any payment to a charter school to qualify as sharing of proceeds from a referendum for purposes of exemption from IC 20-26-7.1, the referendum must have been passed with prior notice to voters of all amounts of referendum proceeds to be paid to charter schools. Any claim of exemption based on payment of proceeds from a referendum passed without such notice is void.Amended by P.L. 36-2024,SEC. 3, eff. 5/4/2023.Amended by P.L. 189-2023,SEC. 11, eff. 7/1/2023.Added by P.L. 270-2019,SEC. 13, eff. 5/5/2019.