- (a) This section applies to a covered school building purchased or leased by a charter school under this chapter.
- (b) A school corporation may not petition the department under subsection (c) within the first five (5) years after a charter school purchased or initially leased a covered school building under this chapter.
(c) If the number of full-time equivalent students enrolled for in-person instruction in a school building on instructional days (as determined under IC 20-30-2 ) for instructional purposes for a school year is not at least sixty percent (60%) of:
- (1) the known classroom design capacity of the school building; or
(2) if the design capacity is not known, the average maximum full-time equivalent enrollment in any of the last twenty-five (25) years, as validated by records created or maintained by the department;
the school corporation that leased or sold the school building to the charter school may file a petition with the department requesting that the charter school transfer the school building back to the school corporation.
- (d) Before filing a petition under subsection (c), the school corporation must give written notice to the charter school to determine whether an agreement can be reached regarding transferring the school building to the school corporation.
- (e) A petition filed under this section is subject to the same procedures under IC 20-26-7-47 as a petition filed under IC 20-26-7-47 (h).
As added by P.L.189-2023, SEC.19.