CHAPTER 8. CHARTER SCHOOL POWERS AND EXEMPTIONS

IC 20-24-8
    Chapter 8. Charter School Powers and Exemptions

IC 20-24-8-1
Powers of charter schools
    Sec. 1. A charter school may do the following:
        (1) Sue and be sued in its own name.
        (2) For educational purposes, acquire real and personal propertyor an interest in real and personal property by purchase, gift,grant, devise, or bequest.
        (3) Convey property.
        (4) Enter into contracts in its own name, including contracts forservices.
As added by P.L.1-2005, SEC.8.

IC 20-24-8-2
Prohibited acts
    Sec. 2. (a) A charter school may not do the following:
        (1) Operate at a site or for grades other than as specified in thecharter.
        (2) Charge tuition to any student residing within the schoolcorporation's geographic boundaries. However, a charter schoolmay charge tuition for:
            (A) a preschool program, unless charging tuition for thepreschool program is barred under federal law; or
            (B) a latch key program;
        if the charter school provides those programs.
        (3) Except for a foreign exchange student who is not a UnitedStates citizen, enroll a student who is not a resident of Indiana.
        (4) Be located in a private residence.
        (5) Provide solely home based instruction.
    (b) A charter school is not prohibited from delivering instructionalservices:
        (1) through the Internet or another online arrangement; or
        (2) in any manner by computer;
if the instructional services are provided to students enrolled in thecharter school in a manner that complies with any proceduresadopted by the department concerning online and computerinstruction in public schools.
As added by P.L.1-2005, SEC.8. Amended by P.L.169-2005, SEC.16.

IC 20-24-8-3
Compliance with laws, charter, and state constitution
    Sec. 3. For each charter school established under this article, thecharter school and the organizer are accountable to the sponsor forensuring compliance with:
        (1) applicable federal and state laws;
        (2) the charter; and
        (3) the Constitution of the State of Indiana.
As added by P.L.1-2005, SEC.8.
IC 20-24-8-4
Statutes, rules, and regulations not applicable
    Sec. 4. Except as specifically provided in this article and thestatutes listed in section 5 of this chapter, the following do not applyto a charter school:
        (1) An Indiana statute applicable to a governing body or schoolcorporation.
        (2) A rule or guideline adopted by the state board.
        (3) A rule or guideline adopted by the advisory board of thedivision of professional standards established by IC 20-28-2-2,except for those rules that assist a teacher in gaining orrenewing a standard or advanced license.
        (4) A local regulation or policy adopted by a school corporationunless specifically incorporated in the charter.
As added by P.L.1-2005, SEC.8. Amended by P.L.246-2005,SEC.130.

IC 20-24-8-5
Applicable statutes, rules, and guidelines
    Sec. 5. The following statutes and rules and guidelines adoptedunder the following statutes apply to a charter school:
        (1) IC 5-11-1-9 (required audits by the state board of accounts).
        (2) IC 20-39-1-1 (unified accounting system).
        (3) IC 20-35 (special education).
        (4) IC 20-26-5-10 (criminal history).
        (5) IC 20-26-5-6 (subject to laws requiring regulation by stateagencies).
        (6) IC 20-28-7-14 (void teacher contract when two (2) contractsare signed).
        (7) IC 20-28-10-12 (nondiscrimination for teacher maritalstatus).
        (8) IC 20-28-10-14 (teacher freedom of association).
        (9) IC 20-28-10-17 (school counselor immunity).
        (10) For conversion charter schools only, IC 20-28-6,IC 20-28-7, IC 20-28-8, IC 20-28-9, and IC 20-28-10.
        (11) IC 20-33-2 (compulsory school attendance).
        (12) IC 20-33-3 (limitations on employment of children).
        (13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (studentdue process and judicial review).
        (14) IC 20-33-8-16 (firearms and deadly weapons).
        (15) IC 20-34-3 (health and safety measures).
        (16) IC 20-33-9 (reporting of student violations of law).
        (17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorativeobservances).
        (18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6,IC 20-32-8, or any other statute, rule, or guideline related tostandardized testing (assessment programs, includingremediation under the assessment programs).
        (19) IC 20-33-7 (parental access to education records).
        (20) IC 20-31 (accountability for school performance and

improvement).
        (21) IC 20-30-5-19 (personal financial responsibilityinstruction).
As added by P.L.1-2005, SEC.8. Amended by P.L.2-2006, SEC.111;P.L.121-2009, SEC.5; P.L.154-2009, SEC.1.

IC 20-24-8-6
Bureau of Apprenticeship and Training apprenticeship programs
    Sec. 6. (a) A charter school may not duplicate a Bureau ofApprenticeship and Training (BAT) approved Building Tradesapprenticeship program.
    (b) A student in a charter school may not be excluded fromparticipating in a BAT approved Building Trades apprenticeshipprogram that is offered in a noncharter school.
As added by P.L.1-2005, SEC.8.

IC 20-24-8-7
Financial reports and audits
    Sec. 7. A charter school may use any money distributed by law tothe charter school to prepare financial reports and conduct audits thatthe charter school determines are necessary for the conduct of theaffairs of the charter school. A financial report or an audit under thissection does not replace a financial report or an audit required underIC 5-11-1-9.
As added by P.L.169-2005, SEC.17.