republic-os/legislation/us/states/in/2023/sb-391.md

---
type: "Bill"
title: "Charter schools."
description: "Provides that, for a resolution to adopt a school operating referendum tax levy or school safety referendum tax levy adopted after May 10, 2023, a county auditor must distribute a portion of revenue received from the school operating referendum tax levy or school safety referendum tax levy to each charter school in which students who receive not more than 50% virtual instruction and who have legal settlement in certain school corporations attend. Provides that if a charter school receives a distribution from a school corporation from a school operating referendum tax levy or a school safety referendum tax levy, the charter school must post certain information on the charter school's website. Provides that a charter school that may receive money from a school operating referendum tax levy or a school safety referendum tax levy may not promote a position on a referendum, in the same manner as a school corporation is prohibited from promoting a position on a referendum. Provides that the maximum length of a charter is 15 years. (Current law provides that the maximum length of a charter is seven years.) Provides all charter schools access to loans through the Indiana bond bank. Provides that the state board of education (state board) may advance money to charter schools to be used for: (1) school building construction programs; and (2) educational technology programs. Amends the definition of \"school building construction program\" to: (1) include the purchase, lease, or financing of land, the construction and equipping of school buildings, and the remodeling, repairing, or improving of school buildings by a charter school; and (2) replace \"adjusted assessed valuation\" with \"assessed valuation\" with regard to school corporation eligibility for an advance from the common school fund. Provides that a charter school may not receive an advance from the common school fund for an educational technology program unless the charter school develops a three year technology plan. Provides that a school corporation may not (instead of is not entitled to) receive or use certain money or advances unless the school corporation develops a three year technology plan. Makes conforming changes regarding advances to charter schools from the common school fund. Establishes standards concerning when a school corporation may close an underutilized school building that had been used at any time for classroom instruction. Provides procedures regarding petitioning for a determination as to whether a school building meets criteria for closure or should be made available for sale or lease. Requires the department of education (department) to make a determination regarding a petition. Requires each school corporation to annually report to the department certain information regarding school buildings. Provides procedures for notifying charter schools or state educational institutions through the department of the availability of a covered school building. Provides for appeals of certain orders or decisions to the state board. Provides that the: (1) department; or (2) selected charter school or state educational institution; may request the attorney general to commence a legal action to enforce a final order for the sale or lease of a covered school building or file a civil action to enforce the final order for the sale or lease after certain time periods. Repeals certain provisions regarding investigating complaints and enforcement by the attorney general. Establishes the charter school facility grant program. Makes conforming amendments. Makes a technical correction."
jurisdiction: "us/states/in"
legislature: "Indiana General Assembly"
session: "2023"
identifier: "SB 391"
citation: "Indiana SB 391 (2023)"
classification: ["bill"]
subjects: ["ATTORNEY GENERAL", "CIVIL ACTIONS", "Penalties", "EDUCATION", "Secretary of Education", "State Department and Boards", "SCHOOLS", "Buildings and Grounds"]
status: "enacted"
primary_sponsors: ["Brian Buchanan", "Jeff Raatz", "Linda Rogers", "Robert Behning"]
version_count: 7
action_count: 49
vote_count: 1
first_action: "2023-01-19"
last_action: "2023-05-04"
source: "openstates"
source_identifier: "ocd-bill/8f5a7e62-6885-4dd5-b0ef-50444e08df55"
source_url: "http://iga.in.gov/legislative/2023/bills/senate/391"
source_hash: "18319998a01938eddf1fab0e0d014867587e0b7a4448305f3fdccffe8d19df54"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-in"]
---

# Indiana SB 391 (2023) — Charter schools.

Provides that, for a resolution to adopt a school operating referendum tax levy or school safety referendum tax levy adopted after May 10, 2023, a county auditor must distribute a portion of revenue received from the school operating referendum tax levy or school safety referendum tax levy to each charter school in which students who receive not more than 50% virtual instruction and who have legal settlement in certain school corporations attend. Provides that if a charter school receives a distribution from a school corporation from a school operating referendum tax levy or a school safety referendum tax levy, the charter school must post certain information on the charter school's website. Provides that a charter school that may receive money from a school operating referendum tax levy or a school safety referendum tax levy may not promote a position on a referendum, in the same manner as a school corporation is prohibited from promoting a position on a referendum. Provides that the maximum length of a charter is 15 years. (Current law provides that the maximum length of a charter is seven years.) Provides all charter schools access to loans through the Indiana bond bank. Provides that the state board of education (state board) may advance money to charter schools to be used for: (1) school building construction programs; and (2) educational technology programs. Amends the definition of "school building construction program" to: (1) include the purchase, lease, or financing of land, the construction and equipping of school buildings, and the remodeling, repairing, or improving of school buildings by a charter school; and (2) replace "adjusted assessed valuation" with "assessed valuation" with regard to school corporation eligibility for an advance from the common school fund. Provides that a charter school may not receive an advance from the common school fund for an educational technology program unless the charter school develops a three year technology plan. Provides that a school corporation may not (instead of is not entitled to) receive or use certain money or advances unless the school corporation develops a three year technology plan. Makes conforming changes regarding advances to charter schools from the common school fund. Establishes standards concerning when a school corporation may close an underutilized school building that had been used at any time for classroom instruction. Provides procedures regarding petitioning for a determination as to whether a school building meets criteria for closure or should be made available for sale or lease. Requires the department of education (department) to make a determination regarding a petition. Requires each school corporation to annually report to the department certain information regarding school buildings. Provides procedures for notifying charter schools or state educational institutions through the department of the availability of a covered school building. Provides for appeals of certain orders or decisions to the state board. Provides that the: (1) department; or (2) selected charter school or state educational institution; may request the attorney general to commence a legal action to enforce a final order for the sale or lease of a covered school building or file a civil action to enforce the final order for the sale or lease after certain time periods. Repeals certain provisions regarding investigating complaints and enforcement by the attorney general. Establishes the charter school facility grant program. Makes conforming amendments. Makes a technical correction.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Engrossed Senate Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.06.ENGH)
2. **Engrossed Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.03.ENGS)
3. **Enrolled Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.07.ENRH)
4. **Introduced Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.01.INTR)
5. **Senate Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.05.COMH)
6. **Senate Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.04.COMH)
7. **Senate Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/SB0391/versions/SB0391.02.COMS)

## Votes

- SB 391 - Rogers - 3rd Reading — **35–13** (pass) · upper

## Sponsors

- Brian Buchanan — primary (person)
- Jeff Raatz — primary (person)
- Linda Rogers — primary (person)
- Robert Behning — primary (person)
- Jake Teshka — cosponsor (person)
- Michelle Davis — cosponsor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2023-01-19** Authored by Senator Rogers
- **2023-01-19** First reading: referred to Committee on Education and Career Development `reading-1, referral-committee`
- **2023-02-23** Committee report: amend do pass, adopted `committee-passage`
- **2023-02-23** Senator Raatz added as second author
- **2023-02-23** Senator Buchanan added as third author
- **2023-02-27** Amendment #4 (Rogers) prevailed; voice vote `amendment-passage`
- **2023-02-27** Amendment #5 (Hunley) failed; Roll Call 160: yeas 12, nays 37 `amendment-failure, failure`
- **2023-02-27** Amendment #6 (Hunley) failed; Roll Call 161: yeas 16, nays 33 `amendment-failure, failure`
- **2023-02-27** Amendment #10 (Ford J.D.) failed; Roll Call 162: yeas 11, nays 38 `amendment-failure, failure`
- **2023-02-27** Amendment #9 (Pol) failed; voice vote `amendment-failure, failure`
- **2023-02-27** Amendment #2 (Pol) failed; Roll Call 163: yeas 16, nays 33 `amendment-failure, failure`
- **2023-02-27** Second reading: amended, ordered engrossed `reading-2`
- **2023-02-27** Amendment #8 (Pol) failed; Roll Call 164: yeas 12, nays 37 `amendment-failure, failure`
- **2023-02-28** Third reading: passed; Roll Call 200: yeas 35, nays 13 `passage, reading-3, reading-3`
- **2023-02-28** House sponsor: Representative Behning
- **2023-02-28** Cosponsors: Representatives Teshka J and Davis M
- **2023-03-01** Referred to the House `referral`
- **2023-03-06** First reading: referred to Committee on Education `reading-1, referral-committee`
- **2023-03-30** Committee report: amend do pass, adopted `committee-passage`
- **2023-03-30** Referred to the Committee on Ways and Means pursuant to House Rule 127
- **2023-04-11** Committee report: amend do pass, adopted `committee-passage`
- **2023-04-13** Amendment #1 (Behning) prevailed; voice vote `amendment-passage`
- **2023-04-13** Amendment #2 (Smith V) failed; Roll Call 417: yeas 30, nays 63 `amendment-failure, failure`
- **2023-04-13** Amendment #3 (Smith V) failed; Roll Call 418: yeas 29, nays 63 `amendment-failure, failure`
- **2023-04-13** Amendment #7 (DeLaney) failed; Roll Call 419: yeas 30, nays 64 `amendment-failure, failure`
- **2023-04-13** Second reading: amended, ordered engrossed `reading-2`
- **2023-04-17** Third reading: passed; Roll Call 434: yeas 64, nays 33 `passage, reading-3, reading-3`
- **2023-04-18** Returned to the Senate with amendments `receipt`
- **2023-04-18** Motion to dissent filed `filing`
- **2023-04-18** Senate dissented from House amendments
- **2023-04-18** Senate conferees appointed: Rogers and Yoder
- **2023-04-18** Senate advisors appointed: Hunley and Raatz
- **2023-04-18** House conferees appointed: Behning and DeLaney
- **2023-04-18** House advisors appointed: Teshka, Davis, Klinker, Pfaff and Smith V
- **2023-04-27** Representative Teshka removed as advisor
- **2023-04-27** Representative DeLaney removed as conferee
- **2023-04-27** Representative Teshka added as conferee
- **2023-04-27** Senator Raatz removed as advisor
- **2023-04-27** Senator Yoder removed as conferee
- **2023-04-27** Senator Raatz added as conferee
- **2023-04-27** CCR # 1 filed in the Senate `filing`
- **2023-04-27** CCR # 1 filed in the House `filing`
- **2023-04-27** Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 526: yeas 36, nays 13
- **2023-04-27** Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 556: yeas 65, nays 31
- **2023-04-28** Signed by the President Pro Tempore `passage`
- **2023-04-28** Signed by the President of the Senate `passage`
- **2023-05-01** Signed by the Speaker `passage`
- **2023-05-04** Signed by the Governor `executive-signature`
- **2023-05-04** Public Law 189 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/8f5a7e62-6885-4dd5-b0ef-50444e08df55`. Confidence: reported (aggregated from official Indiana legislature records).