Indiana Code - Taxation - Title 6, Section 6-1.1-19-5.1

Analysis of financial impact of transfer tuition; excess levy for
deficit; increased general fund levy

Sec. 5.1. (a) A school corporation may conduct an analysis of that
school corporation's:
(1) total transfer tuition payments actually made or estimated to
be made on behalf of students transferring from the school
corporation; and
(2) total revenue actually received or estimated to be received
by the school corporation on behalf of students transferring to
the school corporation;
to determine the net financial impact of transfer tuition on the
particular school corporation for the school year ending in the
calendar year immediately preceding the ensuing calendar year or the
calendar year that precedes the ensuing calendar year by two (2)
years, or both. If the school corporation determines from the analysis
that the amount of revenue received by the school corporation under
subdivision (2) is less than the amount of transfer tuition payments
made by the school corporation under subdivision (1), the school
corporation may include the amount attributable to the difference
between the subdivision (1) and subdivision (2) amounts in the
school corporation's appeal for an excessive levy under this chapter.
However, a school corporation may not include the amount of a
particular deficit in more than one (1) appeal.
(b) A school corporation may appeal to the department of local
government finance under this chapter to increase the school
corporation's maximum permissible general fund levy for the
following year by the amount described in subsection (a). Upon the
demonstration by the school corporation to the department of local
government finance that the amount of transfer tuition payments
received by the school corporation under subsection (a)(2) is less
than the amount of transfer tuition payments made by the school
corporation under subsection (a)(1), the department shall grant the
increase described in this section.
(c) If a school corporation is granted an increase under this
section, the amount attributable to the increase may not be included
in the school corporation's adjusted base levy for the year following
the year in which the increase applies or the school corporation's
determination of tuition support.

(d) A levy increase described in this section may be based on an
estimate of transfer tuition payments paid or received by a school
corporation. If the actual difference between the transfer tuition
payments made by a school corporation and the transfer tuition
payments received by a school corporation for a school year is less
than the estimate used to grant a levy increase described in this
section, the department of local government finance may reduce the
levies imposed by a school corporation by the amount of the overage.
As added by P.L.36-1994, SEC.7. Amended by P.L.260-1997(ss),
SEC.49; P.L.90-2002, SEC.184.

Last modified: May 28, 2006