CHAPTER 3. RACIAL BALANCE LEVY
IC 20-46-3
Chapter 3. Racial Balance Levy
IC 20-46-3-1
Application
Sec. 1. This chapter applies to a school corporation that:
(1) is located in Allen County;
(2) is a party to a lawsuit alleging that its schools are segregated
in violation of the Constitution of the United States or federal
law;
(3) desires to improve or maintain racial balance among two (2)
or more schools within the school corporation, regardless of the
school corporation's basis for desiring to improve or maintain
racial balance; and
(4) has a minority student enrollment that comprises at least ten
percent (10%) of its total student enrollment, using the most
recent enrollment data available to the school corporation.
As added by P.L.2-2006, SEC.169.
IC 20-46-3-2
"Fund"
Sec. 2. As used in this chapter, "fund" refers to a racial balance
fund.
As added by P.L.2-2006, SEC.169.
IC 20-46-3-3
"Levy"
Sec. 3. As used in this chapter, "levy" refers to a levy imposed
under this chapter.
As added by P.L.2-2006, SEC.169.
IC 20-46-3-4
"Minority student"
Sec. 4. As used in this chapter, "minority student" means a student
who is black, Spanish American, Asian American, or American
Indian.
As added by P.L.2-2006, SEC.169.
IC 20-46-3-5
Appeal
Sec. 5. A school corporation may petition the department of local
government finance to impose a property tax to raise revenue for the
purposes of the fund. However, before a school corporation may
impose a property tax under this chapter, the school corporation must
file a petition with the department of local government finance under
IC 6-1.1-19. The petition must be filed before June 1 of the year
preceding the first year the school corporation desires to impose the
property tax and must include the following:
(1) The name of the school corporation.
(2) A settlement agreement among the parties to a desegregation
lawsuit that includes the program that will improve or maintain
racial balance in the school corporation.
(3) The proposed levy.
(4) Any other item required by the department of local
government finance.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),
SEC.346.
IC 20-46-3-6
Recommendation; tax control board
Sec. 6. Subject to IC 6-1.1-18.5-9.9, the department of local
government finance may allow a school corporation to establish a
levy. The amount of the levy shall be determined each year and the
levy may not exceed the lesser of the following:
(1) The revenue derived from a tax rate of eight and thirty-three
hundredths cents ($0.0833) for each one hundred dollars ($100)
of assessed valuation within the school corporation.
(2) The revenue derived from a tax rate equal to the difference
between the maximum rate allowed for the school corporation's
capital projects fund under IC 20-46-6 minus the actual capital
projects fund rate that will be in effect for the school
corporation for a particular year.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),
SEC.347.
IC 20-46-3-7
Review; approval; department of local government finance
Sec. 7. The department of local government finance shall review
the petition of the school corporation and:
(1) disapprove the petition if the petition does not comply with
this section;
(2) approve the petition; or
(3) approve the petition with modifications.
As added by P.L.2-2006, SEC.169. Amended by P.L.182-2009(ss),
SEC.348.
IC 20-46-3-8
Repealed
(Repealed by P.L.146-2008, SEC.810.)
IC 20-46-3-9
Deposit of proceeds; fund
Sec. 9. Money received from a levy shall be deposited in the
school corporation's fund.
As added by P.L.2-2006, SEC.169.