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 segregatedin violation of the Constitution of the United States or federallaw;
        (3) desires to improve or maintain racial balance among two (2)or more schools within the school corporation, regardless of theschool corporation's basis for desiring to improve or maintainracial balance; and
        (4) has a minority student enrollment that comprises at least tenpercent (10%) of its total student enrollment, using the mostrecent 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 balancefund.
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 imposedunder 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 studentwho is black, Spanish American, Asian American, or AmericanIndian.
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 localgovernment finance to impose a property tax to raise revenue for thepurposes of the fund. However, before a school corporation mayimpose a property tax under this chapter, the school corporation mustfile a petition with the department of local government finance underIC 6-1.1-19. The petition must be filed before June 1 of the yearpreceding the first year the school corporation desires to impose theproperty 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 maintainracial balance in the school corporation.
        (3) The proposed levy.
        (4) Any other item required by the department of localgovernment 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 localgovernment finance may allow a school corporation to establish alevy. The amount of the levy shall be determined each year and thelevy may not exceed the lesser of the following:
        (1) The revenue derived from a tax rate of eight and thirty-threehundredths 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 differencebetween the maximum rate allowed for the school corporation'scapital projects fund under IC 20-46-6 minus the actual capitalprojects fund rate that will be in effect for the schoolcorporation 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 reviewthe petition of the school corporation and:
        (1) disapprove the petition if the petition does not comply withthis 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 theschool corporation's fund.
As added by P.L.2-2006, SEC.169.