The South Bend Community School Corporation must make the former Clay High School building available for lease or purchase to Career Academy, a St. Joseph Superior Court judge ruled Monday, Oct. 26.
The decision, reported by WNDU, reverses a February 2026 administrative ruling that had allowed the district to retain control of the property. It restores a 2024 Indiana Department of Education decision favoring Career Academy's request.
The ruling does not require the building to change hands immediately. The court directed the district to make it available once the judgment becomes final and unappealable, leaving an opportunity for further appeal.
The district has continued using Clay for career and technical education programs while the property dispute proceeds.
The South Bend Tribune reported that the school board voted in December 2023 to close Clay as a high school. The dispute centered partly on whether that decision meant the district had stopped using the building or intended to put it to another educational use.
Career Academy subsequently sought to acquire the property under Indiana's law governing school buildings made available to charter schools.
The Indiana Department of Education determined in July 2024 that the district had to offer Clay for lease or purchase. The district challenged that decision.
In February 2026, an administrative law judge reversed the state's determination. The earlier ruling allowed South Bend schools to retain the building.
The state sought judicial review. The latest court decision rejects the conclusion that the Department of Education lost its authority to act because it missed a statutory deadline, according to the Tribune's account of the ruling.
Throughout the dispute, the district has continued operating career and technical education programs at Clay. An August WNDU report said the district was expanding those offerings from six to 13 for the school year.
The programs include automotive technology, construction, welding and aviation-related instruction. Their continued operation is one reason the building remains important to the district's educational plans.
Portage Township Trustee Jason Critchlow criticized the latest decision. In a statement reported by WSBT, he described Clay as a publicly funded building worth roughly $50 million that remains in educational use.
Critchlow objected to a state law that could require the property to be made available for $1. He also called for state lawmakers to address the dispute without setting public school students against charter school students.
The South Bend Community School Corporation has since responded to the ruling. In a statement published by ABC57, the district said its board of school trustees is reviewing its options.
The board plans to meet in executive session Thursday, Oct. 29, at 3 p.m. to discuss its next steps. The district said it would provide more information after a decision is made.
Whether the district pursues another appeal remains unresolved. Until the judgment becomes final and unappealable, the court's order does not require an immediate transfer of the building.
