Sec. 4.5. (a) After a governing body passes a resolution or takes official action to close, no longer use, or no longer occupy a
covered school building or the covered school building is required to be closed under
IC 20-26-7-47, a school
corporation is responsible for meeting the requirements described in subsection (b) until the applicable covered school building is:
(1) sold or leased to a charter school or state educational institution; or
Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 20-26-7.1-4.5
- charter school: has the meaning set forth in IC 20-24-1-4 and includes an entity that has filed an application with an authorizer and is seeking approval from the authorizer to operate a charter school under IC 20-24-3. See Indiana Code 20-26-7.1-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- covered school building: means a school building that is owned by a 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, and that has at any time been used for classroom instruction. See Indiana Code 20-26-7.1-2.1
- state educational institution: has the meaning set forth in IC 21-7-13-32. See Indiana Code 20-26-7.1-2.3
(b) During the period described in subsection (a), a school corporation is:
(1) responsible for the maintenance of a covered school building, including:
(A) protection against theft or vandalism;
(B) fire protection; and
(C) ensuring the covered school building is not damaged during adverse weather conditions;
(2) responsible for maintaining the physical condition of the covered school building in the same physical condition the applicable covered school building was on the last day that it was used for classroom instruction; and
(3) financially responsible for any damage or destruction that occurs to the covered school building.
As added by P.L.155-2021, SEC.4. Amended by P.L.189-2023, SEC.17.
