Senate Bill 0135
DIGEST OF SB 135 (Updated January 29, 2013 2:11 pm - DI 84)
Sale of a public school building. Provides that a school corporation may sell a vacant or unused school building after the school building is made available for sale or lease to a charter school for at least two years. (Current law provides that a vacant or unused school building may be sold to an entity other than a charter school after 48 months.) Provides that a governing body shall make available for lease or purchase to any charter school any vacant or unused school building 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, including a building corporation. (Current law provides that a governing body shall make available for lease or purchase to any charter school any vacant or unused school building owned by the school corporation). Provides that a governing body of a school corporation may request a waiver from the department of education (department) from the requirement that a vacant school building must be made available to a charter school. Provides that, after a governing body of a school corporation sends a waiver request to the department, the sponsor or membership organization representing charter schools may submit a qualified objection to the waiver request to the department. Provides that the department must deny a waiver request if it receives a qualified objection. Requires a charter school or related entity to transfer to the school corporation an amount equal to the gain, minus the adjusted basis of the school building, from a subsequent sale of a school building to a third party by the charter school or related entity. Requires the department to notify a school corporation of a charter school's intent to purchase or lease a vacant school building within 30 days of receiving a written notification from a charter school. Provides that if the department does not receive a qualified objection from a charter school or statewide organization representing charter schools, the governing body may dispose of the vacant or unused school building in any lawful manner. Provides that the definition of a charter school includes an entity or group seeking approval from a sponsor to operate a charter school.
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