School Corporation Responsibility to Maintain Vacant School Building

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Sec. 4.5. (a) After a governing body passes a resolution or takes official action to close, no longer use, or no longer occupy a school building that was previously used for classroom instruction under section 3 of this chapter, a school corporation is responsible for meeting the requirements described in subsection (b) until the applicable school building is:

(1) sold or leased to a charter school or state educational institution;

(2) sold to an accredited nonpublic school or postsecondary educational institution other than a state educational institution under section 7 of this chapter; or

(3) eligible to be sold or otherwise disposed in accordance with IC 36-1-11, IC 20-25-4-14, IC 20-26-5-4(a)(7), and section 8 of this chapter.

(b) During the period described in subsection (a), a school corporation is:

(1) responsible for the maintenance of a vacant or unused school building, including;

(A) protection against theft or vandalism;

(B) fire protection; and

(C) ensuring the vacant or unused school building is not damaged during adverse weather conditions;

(2) responsible for maintaining the physical condition of the vacant or unused school building in the same physical condition the applicable school building was on the last day that it was used for classroom instruction; and

(3) financially responsible for any damage or destruction that occurs to the vacant or unused school building.

As added by P.L.155-2021, SEC.4.


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