Sec. 18. (a) To ensure timely payment of advances according to the terms, the state may in its sole discretion withhold from funds due to school corporations or charter schools to which advances are made amounts necessary to pay the advances and the interest on the advances in accordance with their respective terms. The terms of the advances shall be established by the state board after consulting with the department and upon the approval of the budget agency in advance of the time the respective advances are made. However, in the case of school corporations with advances outstanding on July 1, 1993, the withholding may be adjusted to conform with this chapter.

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Terms Used In Indiana Code 20-49-4-18

  • advance: means an advance under this chapter from the fund. See Indiana Code 20-49-4-3
  • charter school: refers to a school established under IC 20-24. See Indiana Code 20-49-4-3.5
  • 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.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) To the extent available, funds shall first be withheld from the distribution of state tuition support. However, if this distribution is not available or is inadequate, funds may be withheld from the distribution of other state funds to the school corporation or charter school to which the advance is made.

     (c) If an advance is made to a school corporation career and technical education school described in IC 20-37-1-1, a part of the advance and the payment obligation for that part of the advance shall be determined by allocating the advance and payment amounts among the members of the career and technical education school using the number of students from each member school corporation that are enrolled in the career and technical education school in the school year the advance is made.

[Pre-2006 Recodification Citation: 21-1-5-5(c).]

As added by P.L.2-2006, SEC.172. Amended by P.L.40-2014, SEC.11; P.L.189-2023, SEC.53.

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