Sec. 15. (a) An advancement under this chapter is not an obligation of the school corporation within the meaning of the limitation against indebtedness under the Constitution of the State of Indiana. This chapter does not relieve the governing body of a school corporation of any obligation under Indiana law to qualify the school corporation for state tuition support. The school corporation must perform all the acts necessary to obtain state tuition support payments.

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Terms Used In Indiana Code 20-49-2-15

  • advancement: refers to an advance payment to a school corporation under this chapter. See Indiana Code 20-49-2-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
     (b) A school corporation receiving an advancement under this chapter shall agree to have the total amount of the money advanced plus one percent (1%) of the outstanding balance deducted from the distribution of state tuition support:

(1) for a period not to exceed twenty (20) years; or

(2) until all the money advanced plus one percent (1%) has been deducted.

     (c) The state board shall reduce the amount of each distribution of state tuition support to any school corporation that has received an advancement under this chapter in an amount to be agreed upon between the state board and the school corporation. The amount must include one percent (1%) on the balance of the advancement. However, if a school corporation:

(1) has received an advancement or advancements to replace a building or buildings under this chapter; and

(2) has not abandoned the building or buildings for classroom purposes upon completion of the classrooms for which the application for funds has been made;

the state board may amend the amount of the deductions. The amended deduction may include all state tuition support payable to the school corporation.

     (d) If an advancement:

(1) has been previously made under this chapter; and

(2) was to be repaid within a period of less than twenty (20) years;

the receiving school corporation and the state board may renegotiate the agreement for repayment. The new agreement may provide any period of repayment by the receiving school corporation as long as the period does not exceed twenty (20) years from the date of the original advancement.

[Pre-2006 Recodification Citation: 21-1-11-7.]

As added by P.L.2-2006, SEC.172.

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