Indiana § 20-46-9-22 - Referendum revenue; application; county auditor distribution determination; eligibility; distribution amount

§ 20-46-9-22. Referendum revenue; application; county auditor distribution determination; eligibility; distribution amount

Sec. 22. (a) This section:

(1) applies to revenue received from a resolution that is approved by the governing body to impose a referendum levy under section 6 or 7 of this chapter after May 10, 2023, for a school corporation located in:

(A) Lake County;

(B) Marion County;

(C) St. Joseph County; or

(D) Vanderburgh County;

through the full term of the referendum levy; and

(2) does not apply to revenue received from a referendum levy if:

(A) the governing body of the school corporation approves the referendum levy in a resolution adopted under section 6 or 7 of this chapter; and

(B) the referendum levy is imposed for the first time with property taxes first due and payable in a calendar year beginning after December 31, 2027.

(b) The county auditor shall distribute an amount under subsection (d) 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, excluding virtual charter schools or adult high schools, elects to participate in the referendum under section 6(i) of this chapter. The department shall provide the county auditor with data and information necessary for the county auditor to determine:

(1) which charter schools, excluding virtual charter schools or adult high schools, are eligible to receive a distribution under this section; and

(2) the number of all students who reside within the attendance area of the school corporation who are included in the ADM for each charter school, excluding virtual charter schools or adult high schools, described in subdivision (1).

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

(1) A virtual charter school.

(2) An adult high school.

(d) 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:

(A) reside within the attendance area of the school corporation;

(B) are currently included in the ADM of the charter school; and

(C) receive not more than fifty percent (50%) virtual instruction.

STEP TWO: Determine the sum of:

(A) the current ADM count for the school corporation; plus

(B) the total number of students who:

(i) reside within the attendance area of the school corporation;

(ii) are currently included in the ADM of a charter school, excluding virtual charter schools or adult high schools; and

(iii) receive not more than fifty percent (50%) virtual instruction.

STEP THREE: Determine the result of:

(A) the STEP ONE amount; divided by

(B) the STEP TWO amount.

STEP FOUR: Determine the result of:

(A) the STEP THREE amount; multiplied by

(B) the amount collected by the county auditor during the most recent installment period.

(e) If a charter school receives a distribution under this section, the distribution may be used only for the purposes described in IC 20-40-20-6(a).

As added by P.L.189-2023, SEC.38. Amended by P.L.68-2025, SEC.232; P.L.159-2026, SEC.23.

IC 20-47ARTICLE 47. RELATED ENTITIES; HOLDING COMPANIES; LEASE AGREEMENTS

Ch. 1.Public Foundations Ch. 2.Public Holding Companies Ch. 3.Private Holding Companies Ch. 4.Lease of Existing School Building Ch. 5.Payment of Rent by Annexed School Corporation Ch. 6.Repealed

IC 20-47-1Chapter 1. Public Foundations

20-47-1-1"Proceeds from riverboat gaming" 20-47-1-2"Public school endowment corporation" 20-47-1-2.5"Qualified foundation" 20-47-1-3Political subdivisions; donations of gaming revenues to public school endowment corporations 20-47-1-4Public school endowment corporation; distributions from principal and income 20-47-1-5School corporations; powers; donations to foundation 20-47-1-6Expired