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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 5. (a) If:
(1) a covered school building is sold to a charter school or state educational institution under section 4 of this chapter; and
(2) the charter school or state educational institution described in subdivision (1) no longer intends to use the covered school building for the purposes described in section 4(l) of this chapter;
the charter school or state educational institution shall offer to transfer the covered school building back to the school corporation that initially sold the covered school building to the charter school or state educational institution.
(b) If a school corporation described in subsection (a) declines the offer to transfer a covered school building back to the school corporation, the charter school or state educational institution may sell or transfer the covered school building to a third party. If a charter school or state educational institution sells or transfers a covered school building to a third party under this subsection, the charter school or state educational institution must transfer an amount equal to the gain in the property minus the adjusted basis (including costs of improvements to the covered school building) to the school corporation that initially sold the covered school building to the charter school or state educational institution. Gain and adjusted basis shall be determined in the manner prescribed by the Internal Revenue Code and the applicable Internal Revenue Service regulations and guidelines.
(c) A charter school or state educational institution that purchases a covered school building assumes total control of the covered school building and must maintain the covered school building, including utilities, insurance, maintenance, and repairs. Except as provided in subsection (d), in the event a:
(1) charter school does not use the covered school building for classroom instruction; or
(2) state educational institution does not use the covered school building for an academic purpose;
within two (2) years after acquiring the covered school building, the covered school building shall revert to the school corporation, which may sell or otherwise dispose of the covered school building under IC 36-1-11.
(d) In the event a:
(1) charter school does not use the covered school building for classroom instruction; or
(2) state educational institution does not use the covered school building for an academic purpose;
as a result of being engaged in ongoing renovations for an acquired covered school building, within two (2) years after acquiring an occupancy permit for the covered school building, the covered school building shall revert to the school corporation, which may sell or otherwise dispose of the covered school building under IC 36-1-11.
Cite this article: FindLaw.com - Indiana Code Title 20. Education § 20-26-7.1-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-20-education/in-code-sect-20-26-7-1-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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