Sec. 3. (a) This subsection applies to any 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 but not limited to a building corporation, and that has at any time been used for classroom instruction. Except as provided in subsection (b)(1), before a governing body may sell, exchange, lease, demolish, hold without operating, or dispose of a school building, a governing body shall do the following:
(1) This subdivision applies after June 30, 2021. The governing body shall obtain a certification from the attorney general's office under section 8.5 of this chapter.
(2) The governing body shall make available for lease or purchase by a charter school or, after June 30, 2021, a state educational institution any school building owned by the school corporation or any other entity that is related in any way to, or created by, the school corporation or the governing body, including but not limited to a building corporation, that:
(A) is vacant or unused; and
(B) was previously used for classroom instruction;
in order for the charter school to conduct kindergarten through grade 12 classroom instruction or to be used by a state educational institution for an academic purpose.
(b) The following are not required to comply with this chapter:
(1) A governing body that vacates a school building in order to:
(A) renovate the school building for future use by the school corporation; or
(B) demolish the school building and build a new school building on the same site as the demolished building.
(2) An emergency manager of a distressed school corporation under IC 6-1.1-20.3.
(3) The governing body of the School City of East Chicago school corporation for the Carrie Gosch Elementary School building.
(c) Notwithstanding subsection (a), a lease entered into by a governing body under IC 20-26-5-4(a)(7) prior to January 1, 2019, with a state accredited nonpublic school shall remain in full force and effect. In addition, the governing body may, during or at the expiration of the term of such lease, sell the school building leased under IC 20-26-5-4(a)(7) to the nonpublic school at a purchase price mutually agreed to by the governing body and the nonpublic school.
As added by P.L.270-2019, SEC.13. Amended by P.L.92-2020, SEC.27; P.L.155-2021, SEC.2.