Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
Indianapolis Public Schools has filed a complaint against Indiana Attorney General Todd Rokita and the state’s education secretary over an updated version of a law that requires districts to offer unused classroom buildings to charter schools for $1.
Under Senate Enrolled Act 391, which was signed into law earlier this year, school corporations that share operating referendum funds with certain charter schools are exempt from the $1 requirement. IPS is arguing that it’s exempt from the law because it shared referendum funds approved in 2018 with innovation charter schools, providing more than $4 million annually, according to the complaint.
IPS filed the complaint in the Marion Superior Commercial Court on Monday. The school district also filed a motion for preliminary injunction in Board of School Commissioners for the City of Indianapolis v. Todd Rokita, in his official capacity as Indiana Attorney General, et al., 49D01-2308-PL-032783.
According to the complaint, the district passed a resolution expressly recognizing its exemption from the $1 law. It also approved the transfer of a school building to a youth-serving nonprofit as part of a sweeping overhaul that includes closing some schools.
But the complaint says Indiana Department of Education Secretary Katie Jenner sent a letter to IPS Superintendent Aleesia Johnson and IPS board President Venita Moore saying the district is required to provide notice of the school closures to the department in accordance with the $1 law. The letter gave a deadline of 11:59 p.m. Aug. 28 to submit a closure notification form.
The district is asking the court to declare that it is exempt from Indiana Code §§ 20-26-7.1-1(2) and 20-26-7-47.
“The IPS Board is committed to complying with Indiana law, believes it is doing so, and believes Indianapolis Public Schools qualifies for the exemption from the $1 Charter Law,” Moore said in a statement. “The IPS Board believes the courts will provide needed clarity regarding the exemption from the $1 Charter Law, and IPS will abide by the ultimate decision from Indiana courts.”
Indiana Lawyer has reached out to the Indiana Department of Education and the Attorney General’s Office for comment.
Earlier this year, Rokita’s office determined IPS didn’t violate state law after the Indiana Charter School Network argued the district failed to inform the state of six school buildings slated for closure.
Please enable JavaScript to view this content.