Indiana Code Title 20. Education § 20-46-1-21

Sec. 21. (a) This section:

(b) Subject to subsections (f) and (h), the county auditor in the county in which the school corporation is located shall distribute an amount of revenue as provided under subsection (e) from the revenue collected from a tax levy imposed under this chapter by a school corporation that is attributable to the territory of the school corporation that is located within the boundaries of a county listed in subsection (a)(1) to each charter school, excluding virtual charter schools or adult high schools, that a student who resides within the attendance area of the school corporation attends if the charter school elects to participate in the referendum under section 8(h) of this chapter.

(c) The department shall provide the county auditor with data and information necessary for the county auditor to determine:

(d) The following schools are not eligible to receive a distribution under this section:

(e) For the purposes of the calculations made in this subsection, each eligible school that has entered into an agreement with a school corporation to participate as a participating innovation network charter school under IC 20-25.7-5 is considered to have an ADM that is separate from the school corporation.  The amount that the county auditor shall distribute to a charter school, excluding virtual charter schools or adult high schools, under this section is the amount determined in the last STEP of the following STEPS:

STEP ONE:  Determine, for each charter school, excluding virtual charter schools or adult high schools, that is eligible to receive a distribution under this section, the number of students who reside within the attendance area of the school corporation who are currently included in the ADM of the charter school and receive not more than fifty percent (50%) virtual instruction.

STEP TWO:  Determine the sum of:

STEP THREE:  Determine the result of:

STEP FOUR:  Determine the result of:

(f) A charter school is not eligible for a distribution under this section from property tax revenue collected from a particular referendum levy if the charter school does not have a certified fall ADM count in the calendar year immediately preceding the calendar year in which the public question for the referendum appears on the ballot.

(g) Not later than August 15, 2025, and not later than August 15 of each calendar year thereafter, the department shall provide to each school corporation and eligible charter school an estimate of the amount of property tax levy revenue the school corporation and charter school are expected to receive under this section in the subsequent calendar year based on the most recent fall ADM count.

(h) This subsection applies beginning with distributions of property tax revenue under this section in 2026 and thereafter.  In order to receive a distribution under this section, the governing body of a charter school shall, not later than October 15, 2025, and not later than October 15 of each calendar year thereafter, adopt a budget for the current school year.  Not later than ten (10) days before its adoption, the budget must be fixed and presented to the charter board in a public meeting in the county in which the charter school is incorporated.  Not later than November 1, 2025, and not later than November 1 of each calendar year thereafter, the governing body of the charter school shall submit:

to the charter authorizer for review and to the department of local government finance to be posted publicly on the computer gateway under IC 6-1.1-17-3.

(i) If a charter school does not satisfy the requirements of subsection (h) to receive distributions under this section during a calendar year, as determined by the department of local government finance, the charter school may not receive a distribution of property tax revenue in that calendar year and the county auditor shall withhold the charter school's distribution amount.  The department of local government finance's determination of compliance consists only of a confirmation that the adopted budget and attestation statement are submitted not later than the applicable date under subsection (h).  Any distribution amount withheld under this subsection shall be:

in the calendar year that immediately follows the calendar year in which the distribution amount was withheld.