Sec. 9. (a) The
attorney general, in consultation with the department and state board, is authorized to take any action necessary to enforce a department or state board order under
IC 20-26-7-47 or this chapter (or an order issued by the attorney general under this chapter (as effective before July 1, 2023)), including
equitable actions to enjoin or mandate an action of a school
corporation. No final court order shall be issued until the school corporation has had ninety (90) days after the department or state board has issued a final order to complete a sale or
lease of the
covered school building.
Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 20-26-7.1-9
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- state educational institution: has the meaning set forth in IC 21-7-13-32. See Indiana Code 20-26-7.1-2.3
(1) school corporation;
(2) department; and
(3) office of the attorney general;
may file a civil action to enforce this chapter.
(c) In addition to the remedy under subsections (a) and (b), if a school corporation does not comply with the requirements to sell or lease a covered school building under this chapter, the school corporation shall submit any proceeds from the sale of the covered school building to the state board, which shall be distributed equally between each charter school located in the attendance area of the school corporation. If no charter schools are located in the attendance area, the state board must use the proceeds to provide grants under the charter school and innovation grant program under IC 20-24-13. The attorney general is authorized to initiate any legal action necessary to ensure compliance with this chapter, including ensuring compliance by the department regarding providing notification to interested persons under section 4 of this chapter.
(d) If a school corporation transfers a covered school building in violation of this chapter, the transfer is void. The attorney general or a charter school may bring an action in court against the school corporation and the transferee to enjoin the violation of this chapter and void the transfer of the covered school building. If a charter school brings an action under this subsection and the court finds a school corporation transferred a covered school building in violation of this chapter, the court shall award reasonable attorney’s fees to the charter school.
As added by P.L.270-2019, SEC.13. Amended by P.L.155-2021, SEC.9; P.L.189-2023, SEC.24; P.L.36-2024, SEC.8.
