CHAPTER 8. COMMUNITY USE OF SCHOOL PROPERTY
IC 20-26-8
Chapter 8. Community Use of School Property
IC 20-26-8-1
Community use of school facilities for educational and recreationalactivities
Sec. 1. A board of school trustees in a second or third class city,a board of school trustees of a town, or the school trustees of aschool township:
(1) may, on their own initiative, and shall, upon petition asprovided in section 2 of this chapter, establish and maintain forchildren and adults in the school buildings and on the schoolgrounds under the custody and management of the boards orschool trustees of school townships:
(A) evening schools;
(B) vacation schools;
(C) debating clubs;
(D) community centers;
(E) gymnasiums;
(F) public playgrounds;
(G) public baths; and
(H) similar activities and accommodations as determined bythe boards or school trustees of school townships;
without charge to the residents of the cities, towns, ortownships; and
(2) may:
(A) cooperate, by agreement, with other commissioners orboards or school trustees of school townships that havecustody and management of public parks, libraries,museums, and other public buildings and grounds to providethe:
(i) equipment;
(ii) supervision;
(iii) instruction; and
(iv) oversight;
necessary to conduct public educational and recreationalactivities in and upon the other buildings and grounds; and
(B) pay all expenses associated with the activities from thegeneral fund.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-2
Petition, certification, and election on use of facilities
Sec. 2. (a) If:
(1) a petition is filed with:
(A) the clerk of a municipality; or
(B) the trustee of any township;
that is signed by at least ten percent (10%) of the number ofvoters voting at the last general election held in the city; or
(2) a petition is presented that contains the signatures of at least
one hundred (100) freeholders living in a town or township;
that sets forth a question in the form prescribed by IC 3-10-9-4 anda date for an election on the question, the question of exercising thepowers granted for any of the purposes enumerated in section 1 ofthis chapter shall be submitted to the electors of the municipalities ortownships.
(b) The clerk or trustee shall certify the public question to thecounty election board of each county in which the school corporationis located. The county election board shall place the public questionon the ballot at the first primary or general election conducted aftercertification under IC 3-10-9-3. If the first primary or generalelection will be conducted more than six (6) months aftercertification, the county election board shall conduct the election notlater than thirty (30) days after certification.
(c) If a majority of the votes cast upon the question areaffirmative:
(1) the board of school trustees of the municipality; or
(2) the school trustee of the school township;
shall exercise the powers in accordance with the petition under thischapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-3
Authority to receive and expend gifts and appropriations
Sec. 3. (a) The board or school trustee of any school townshipmay receive and expend for purposes of this chapter money receivedas gifts or appropriations made by individuals, businessestablishments, or organizations.
(b) The board or school trustee of a school township may alsoreceive property that donors transfer to the board or school trustee ofa school township. The property may be used only in conformitywith the purposes of this chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-4
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-8-5
Use of abandoned school property as community center;restrictions on sale
Sec. 5. If a district public school has been abandoned and theschoolhouse and school grounds in the district are no longer used orneeded for public school purposes, the township trustee in charge ofthe school building and school grounds:
(1) shall, upon application of at least fifty-one percent (51%) ofthe freehold residents of the school district, allow the use of theabandoned schoolhouse and school grounds as a communitycenter for nonpartisan gatherings of citizens of the schooldistrict for civic, social, and recreational purposes; and (2) may not sell or offer for sale any building or grounds:
(A) while the building or grounds are used as a communitycenter; or
(B) for at least one (1) year after the discontinuance of theuse of any abandoned schoolhouse and school grounds for acommunity center.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-6
Operation and management of community center
Sec. 6. (a) The operation and management of a community centershall be vested in a nonprofit corporation organized for that purposeunder the general laws regulating the formation of nonprofitcorporations.
(b) The membership of a nonprofit corporation described insubsection (a) must be composed of resident freeholders of theschool district.
(c) The expenses of improvement of the school grounds andreconstruction or repairs of the abandoned schoolhouse shall be paidfor by the corporation in charge of the community center while theschool grounds or schoolhouse is operated and managed as acommunity center.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-7
Cessation of community center when property used for schoolpurposes
Sec. 7. An established community center in a school district shallcease its operation in the schoolhouse and upon the school groundsnot more than one (1) month following the receipt of a writtennotice:
(1) submitted to the proper officers of the corporation of thecommunity center; and
(2) by the township trustee of the township where thecommunity center is being operated;
that indicates the school building and school grounds are needed forschool purposes.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-8
Use of abandoned school property as park
Sec. 8. If:
(1) a third class city in which a school corporation of the cityhas purchased, in the name of the school corporation, real estateto be used for school purposes; and
(2) the real estate is subsequently abandoned for schoolpurposes;
the school trustees of the school corporations may authorize the useof the real estate for park purposes as provided by this chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-9
Conditions and restrictions for park purposes
Sec. 9. (a) Money may not be expended out of a schoolcorporation treasury for the maintenance of abandoned schoolgrounds for park purposes.
(b) However, the board of school trustees of a school corporationin a third class city that owns abandoned school grounds may, by anorder entered and properly recorded, allow the use of abandonedschool grounds by a third class city for park purposes. The ordermust contain the conditions, restrictions, and limitations withinwhich the third class city may take and use the abandoned schoolgrounds for park purposes.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-10
Acceptance of abandoned school property and cemeteries for parkpurposes
Sec. 10. (a) A third class city may, by an ordinance of thecommon council, accept from a school corporation located within thecity the use of abandoned school grounds as provided by this chapter.
(b) A third class city may, by an ordinance of the commoncouncil, accept from a person for a definite time of at least five (5)years the use of any real estate in the city formerly used as acemetery if:
(1) the cemetery has been abandoned; and
(2) the bodies have been removed from the cemetery.
(c) A third class city may, through its common council, use andmaintain real estate described in subsections (a) and (b) for parkpurposes for the use of the general public under the same conditionsand restrictions provided by law for the use and control andmaintenance of park properties by third class cities as if the cityowned the real estate.
(d) A third class city may accept by city ordinance real estate forpark purposes under the order of the school trustees of the schoolcorporation as provided by this chapter or from another person.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-11
Title to property used for park purposes
Sec. 11. The:
(1) title to the real estate remains in the school corporation; and
(2) use by third class cities continues;
while the cities continue to maintain the real estate as a public park.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-12
Return of property to school corporation when use for parkpurposes ceases
Sec. 12. If:
(1) real estate has been accepted for park purposes; and (2) a city abandons the use of the real estate for park purposes;
the school trustees of the school corporation that owns the real estatemay take possession of the real estate and sell or otherwise conveythe real estate.
As added by P.L.1-2005, SEC.10.
IC 20-26-8-13
Community use of school swimming pool; reasonable fees allowed
Sec. 13. (a) In a school township located in a county having apopulation of:
(1) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
(2) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000);
the township trustee, in administering the recreation program underthis chapter, may supplement the funds by making a reasonablecharge for admission to any outdoor swimming pool located on theschool township property and owned by the school township.
(b) With the approval of the township board, the township trusteeshall establish the admission fee or a schedule of admission fees tobe collected for the use of the swimming pool. Fees collected shallbe deposited in a recreation fund established under this chapter.Disbursements for personal services, operation, maintenance, andrepairs of the swimming pool shall be paid from the recreation fund.
As added by P.L.1-2005, SEC.10.