CHAPTER 10. MERGER OF SCHOOL CORPORATIONS WITHIN COUNTIES
IC 20-23-10
Chapter 10. Merger of School Corporations Within Counties
IC 20-23-10-1
"Concurrent resolutions"
Sec. 1. As used in this chapter, "concurrent resolutions" meanssubstantially identical resolutions adopted by the governing bodiesof the school corporations in a county.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-2
"Governing body"
Sec. 2. As used in this chapter, "governing body" means the boardor commission charged by law with the responsibility ofadministering the affairs of a school corporation, including a boardof school commissioners, metropolitan board of education, board ofschool trustees, or board of trustees. In the case of a school township,the term means the trustees and township board acting jointly.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-3
"Merger"
Sec. 3. As used in this chapter, "merger" means the merger of allthe school corporations in a county into a single school corporationin which the rights and obligations of each school corporation,including the right to receive tax and other money, are transferredinto a new corporation to be known in this chapter as the mergedcorporation.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-4
"School corporation in the county"
Sec. 4. As used in this chapter, "school corporation in the county"means all the school corporations that have territory in a county.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-5
Merger resolution; contents
Sec. 5. School corporations in a county may merge in thefollowing manner:
(1) The governing bodies of the school corporations shall adopta concurrent resolution providing for the merger.
(2) The resolutions in subdivision (1) shall be adopted not laterthan sixty (60) days after the date the first concurrent resolutionis adopted by a governing body. The resolutions must providefor the following:
(A) The makeup of board member districts, including that:
(i) board members shall be elected from the entire mergedschool corporation, but residence requirements mayprovide that members live in different districts; (ii) the board member districts need not be equal in size orpopulation, and one (1) board member district may includethe area in the merged school corporation;
(iii) the number of members of the governing body of themerged school corporation to be elected from a boardmember district need not be equal in number; and
(iv) concurrent resolutions may also eliminaterequirements that there be board member districts.
(B) The number of members on the governing body of themerged school corporation must be:
(i) three (3);
(ii) five (5); or
(iii) seven (7);
members.
(C) The time the merged school corporation comes intoexistence.
If a time is not provided when the merged school corporation comesinto existence or if a final judgment in the remonstrance proceedingis delayed beyond the time set in the concurrent resolutions, themerged school corporation comes into existence on July 1 followingthe adoption of the resolutions or the final judgment, whicheveroccurs last.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-6
Notice of adoption of concurrent resolutions; effective date ofmerger
Sec. 6. (a) After the last concurrent resolution under section 5 ofthis chapter is adopted, notice of the adoption of the concurrentresolutions shall be given by stating:
(1) the substance of the concurrent resolutions;
(2) that the resolutions have been adopted; and
(3) that a right of remonstrance exists as provided in thischapter.
It is not necessary to set out the remonstrance provisions of thestatute, but a general reference to the right of remonstrance with areference to this chapter is sufficient.
(b) The notice under subsection (a) shall be made two (2) times,one (1) week apart in two (2) daily newspapers, published in theEnglish language and of general circulation in the county. If there isonly one (1) daily or weekly newspaper in the county, publication inthat newspaper is sufficient.
(c) The merger shall take effect at the time provided in section 5of this chapter unless, not more than thirty (30) days after the firstpublication of the notice, a remonstrance is filed in the circuit orsuperior court of the county by registered voters equal in number toat least ten percent (10%) of the registered voters of a schoolcorporation in the county.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-7
Remonstrances; form
Sec. 7. (a) A remonstrance under section 6 of this chapter:
(1) must be in substantially the following form:
The undersigned hereby remonstrates against the merger of theschool corporations in ____________ county;
(2) may be filed in counterparts that must have attached:
(A) the affidavit of the person circulating it;
(B) a statement that each signature appearing on theremonstrance was affixed in the presence of the personcirculating the remonstrance; and
(C) a statement that each signature is the true and lawfulsignature of the person who made it;
(3) shall be accompanied by a complaint filed by one (1) ormore of the remonstrators (who shall be treated as arepresentative of the entire class of remonstrators); and
(4) shall be signed by the remonstrator or the remonstrator'sattorney, stating the reasons for the remonstrance, where thesereasons are limited to the following:
(A) There is a procedural defect in the manner that themerger is carried out which is jurisdictional.
(B) The benefits to be derived from the merger areoutweighed by its detriments, taking into consideration therespective benefits and detriments of the students andinhabitants residing in the school corporations of the county.
(b) A person who makes an affidavit under subsection (a) does nothave to be one (1) of the persons who signs the counterpart attachedto the affidavit.
(c) The plaintiff in the suit is the person whose name appears onthe complaint. The defendants in a remonstrance under section 6 ofthis chapter are the school corporations in the county. Service ofprocess shall be made on the defendants as in other civil actions.
(d) To determine whether the petition was timely filed, the timeof filing is the time of filing with the clerk of the circuit courtwithout regard to the time of issuance of the summons. If the thirtiethday falls on Sunday, a holiday, or another day when the clerk's officeis not open, the time is extended to the next day when the clerk'soffice is open.
(e) The issues in a remonstrance suit are made up by thecomplaint, the allegations of the complaint being considered deniedby the defendant or defendants. A responsive pleading does not needto be filed. However, a defendant may file a motion to dismiss thesuit on the ground:
(1) that the requisite number of qualified remonstrators have notsigned the petition;
(2) that the remonstrance was not timely filed; or
(3) that the complaint does not state a cause of action.
(f) A responsive pleading to a motion to dismiss under subsection(e) does not need to be filed.
(g) With respect to a motion under subsection (e)(1) and (e)(2),
the allegations are considered denied by the remonstrators.
(h) To determine whether there are the requisite number ofqualified remonstrators under subsection (e)(1), a person may not:
(1) withdraw the person's name after a remonstrance has beenfiled; or
(2) add the person's name to a remonstrance that has been filed.
(i) At a trial for a remonstrance suit, a person may, in support orderogation of the substantive matters in the complaint, introduce intoevidence a verified statement that the person wishes that the person'sname be added to or withdrawn from the remonstrance.
(j) The court may either hear all or a part of the matters raised bya motion to dismiss separately or may consolidate for trial all or apart of the matters with the matters relating to the substance of thecase.
(k) A complaint may not be dismissed for failure to state a causeof action, if a fair reading of the complaint makes out one (1) of thegrounds for remonstrance and suit provided in subsection (a).
(l) An amendment of the complaint may be permitted in thediscretion of the court if the complaint does not state a new groundof remonstrance.
(m) The trial of a remonstrance suit shall be conducted as othercivil cases by a court without the intervention of a jury on the issuesraised by the:
(1) complaint; or
(2) motion to dismiss.
(n) In a remonstrance suit:
(1) a change of venue from a judge, but no change of venuefrom the county, is permitted;
(2) the court will expedite the hearing of the case; and
(3) the court's judgment must be either that:
(A) the merger takes place;
(B) the merger does not take place; or
(C) the remonstrance is dismissed.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-8
Election of board members of merged school corporations
Sec. 8. (a) The board members of a merged school corporationshall be elected at the first primary election following the mergedschool corporation's creation, and vacancies shall be filled inaccordance with IC 20-23-4-30.
(b) Until the first election under subsection (a), the board oftrustees of the merged school corporation consists of:
(1) the members of the governing body of a school corporationin the county other than a school township; and
(2) the township trustee of a school township in the county.
(c) The first board of trustees shall select the name of the mergedschool corporation by a majority vote. The name may be changed byunanimous vote of the governing body of the merged schoolcorporation.As added by P.L.1-2005, SEC.7.
IC 20-23-10-9
Powers of merged school corporation
Sec. 9. A merged school corporation has the powers provided inIC 20-23-4-26 through IC 20-23-4-33.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.100.