CHAPTER 4. COMMUNITY SCHOOL CORPORATIONS
IC 20-23-4
Chapter 4. Community School Corporations
IC 20-23-4-1
Purpose and policy of school reorganization
Sec. 1. It is the sense of the general assembly:
(1) that the establishment and maintenance of a general, auniform, and an efficient system of public schools is thetraditional and current policy of the state;
(2) that improvement in the organization of school corporationsof the state will:
(A) provide a more equalized educational opportunity forpublic school students;
(B) achieve greater equity in school tax rates among theexisting school corporations; and
(C) provide a more effective use of the public fundsexpended for the support of the public school system;
(3) that existing statutes with respect to the combination and thereorganization of school corporations are inadequate toeffectuate the needed improvement;
(4) that modifications in the provisions for the combination andthe reorganization of school corporations in this chapter arenecessary in order to assure the future maintenance of a uniformand an efficient system of public schools in the state;
(5) that local electors:
(A) have an interest in the boundaries of the schoolcorporation in which they reside; and
(B) will exercise their privileges, as provided in this chapter,to establish an efficient and economical reorganization planbest suited to local conditions; and
(6) that:
(A) the state board; and
(B) the:
(i) committees; and
(ii) public officers;
charged with authority under this chapter;
will perform their duties wisely in view of the objective of thischapter as set forth in the title of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-2
"Attendance unit"; "school unit"
Sec. 2. As used in this chapter, "attendance unit" or "school unit"means the area of an administrative unit served by a single school.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-3
"Community school corporation"
Sec. 3. As used in this chapter, "community school corporation"means a school corporation: (1) proposed to be formed; or
(2) formed;
under this chapter, including a united school corporation.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-4
"County committee"; "committee"
Sec. 4. As used in this chapter, "county committee" or"committee" means the county committee for the reorganization ofschool corporations provided for in sections 11 through 17 of thischapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-5
"County superintendent"
Sec. 5. As used in this chapter, "county superintendent" means thecounty superintendent of schools.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-6
"Party"
Sec. 6. As used in this chapter, "party" includes:
(1) a person;
(2) a firm;
(3) a limited liability company;
(4) a corporation;
(5) an association; or
(6) a municipality;
interested in proceedings under this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-7
"Reorganization of school corporations"
Sec. 7. As used in this chapter, "reorganization of schoolcorporations" means the formation of new school corporations, thealteration of the boundaries of established school corporations, andthe dissolution of established school corporations by:
(1) the uniting of two (2) or more established schoolcorporations;
(2) the subdivision of one (1) or more school corporations;
(3) the transfer to a school corporation of a part of the territoryof one (1) or more school corporations;
(4) the attachment to a school corporation of all or part of theterritory of one (1) or more school corporations; and
(5) any combination of the methods listed in subdivisions (1)through (4).
As added by P.L.1-2005, SEC.7.
IC 20-23-4-8
"School aid bonds" Sec. 8. As used in this chapter, "school aid bonds" means bondsof a civil unit of government, the proceeds of which are used forschool purposes in any school corporation.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-9
"United school corporation"
Sec. 9. As used in this chapter,"united school corporation" meansa school corporation that has territory in two (2) or more adjacentcounties.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-10
Public records available to county committees and state board
Sec. 10. State and county officers shall make available to:
(1) the county committees; and
(2) the state board;
information from public records in the officers' possession that isessential to the performance by the county committees and the stateboard of duties set forth in this chapter and IC 20-23-16-1 throughIC 20-23-16-11.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-11
County committee for reorganization of school corporations;creation; selecting membership; organization; compensation;terms of office; qualifications; meetings
Sec. 11. (a) A county committee for the reorganization of schoolcorporations consists of nine (9) members. In a county that has acounty superintendent:
(1) the superintendent is an ex officio member of thecommittee; and
(2) the remaining members of the committee are appointed bythe judge of the circuit court of the county.
In a county that does not have a county superintendent, all themembers of the committee are appointed by the judge of the circuitcourt of the county. Appointments under this subsection are subjectto subsections (f) through (h).
(b) Before the time specified in this section, the judge of thecircuit court shall call into a county convention each of the townshiptrustees of the county and the members of each local board of schooltrustees or board of school commissioners in the county to advise thejudge in the selection of the members of the county committee.Except as provided in subsection (c), the judge must give at least ten(10) days notice of the convention by publication in:
(1) one (1) newspaper of general circulation published in theaffected area; or
(2) if a newspaper is not published in the affected area, in anewspaper having a general circulation in the affected area.
(c) In a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000),the judge of the circuit court shall publish the notice referred to insubsection (b) in two (2) newspapers of general circulation publishedin the affected area or having a general circulation in the affectedarea. The notice must specify:
(1) the date, time, place, and purpose of the county convention;and
(2) that the county convention is open to all residents of thecounty.
(d) At the county convention, the judge of the circuit court shall:
(1) explain or have explained; and
(2) afford an opportunity for attendees to discuss;
the provisions of this chapter.
(e) Not later than ten (10) days after the date of the countyconvention, the judge of the circuit court shall select the appointivemembers of the county committee.
(f) In a county that has a county board of education, one (1)member of the county committee must be a township trusteerecommended by the county board of education.
(g) In a county in which there is a board of school trustees or aboard of school commissioners, one (1) member of the countycommittee:
(1) must be a member of:
(A) the board of school trustees; or
(B) the board of school commissioners; and
(2) may not be a township trustee.
(h) One (1) member of the county committee must be:
(1) a superintendent of schools;
(2) a principal of:
(A) a school city;
(B) a school town; or
(C) a consolidated school or corporation; or
(3) a superintendent of a community school corporation.
(i) The members of the county committee not referred to insubsections (f) through (h):
(1) may not be members of or employed by:
(A) a board of school trustees; or
(B) a board of school commissioners;
(2) may not be members of or employed by a:
(A) local; or
(B) county;
board of education;
(3) may not be:
(A) township trustees; or
(B) employees of township trustees; and
(4) are appointed without regard to political affiliation.
(j) The judge of the circuit court shall give written noticeimmediately to each person selected for appointment to the countycommittee. Each person selected shall notify the judge of the circuitcourt in writing not later than ten (10) days after receipt of the notice
whether the person accepts the appointment. If a person:
(1) refuses an appointment; or
(2) fails to notify the judge of the circuit court of the person'sacceptance or refusal of an appointment;
the judge shall select a qualified replacement for appointment to thecounty committee.
(k) Not later than thirty (30) days after the date of the countyconvention, the county committee shall meet to organize and to electfrom its membership:
(1) a chairperson;
(2) a treasurer; and
(3) a secretary.
The secretary may be the county superintendent or the superintendentof one (1) of the school corporations in the county.
(l) The chairperson and the members of the county committeeserve without compensation. Subject to approval by the state board,the chairperson of the county committee shall:
(1) secure necessary office space and equipment;
(2) engage necessary clerical help; and
(3) receive reimbursement for any necessary expenses incurredby the chairperson with respect to duties in connection with thecounty committee.
(m) Members of the county committee hold office for terms offour (4) years until the reorganization program in the county iscompleted, subject to replacement as prescribed in this chapter. Anappointed member who ceases to be a resident of the county may notcontinue to serve on a county committee.
(n) An individual appointed member of a county committee or theappointed members as a group are not disqualified from serving ona county committee because they fail at any time to meet thequalifications for appointment by the judge of the circuit court, otherthan county residence, if they met the qualifications at the time oftheir appointments.
(o) Vacancies shall be filled by the remaining members of thecommittee without regard for the qualifications for appointment bythe judge of the circuit court.
(p) Meetings of the county committee shall be held:
(1) upon call of the chairperson; or
(2) by a petition to hold a meeting signed by a majority of themembers of the committee.
(q) A majority of the committee constitutes a quorum.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-12
Preliminary plans; contents; supporting documents
Sec. 12. (a) In formulating a preliminary reorganization plan andwith respect to each of the community school corporations that area part of the reorganization plan, the county committee shalldetermine the following:
(1) The name of the community school corporation. (2) Subject to subsection (e), a general description of theboundaries of the community school corporation.
(3) With respect to the board of school trustees:
(A) whether the number of members is:
(i) three (3);
(ii) five (5); or
(iii) seven (7);
(B) whether the members are elected or appointed;
(C) if the members are appointed:
(i) when the appointments are made; and
(ii) who makes the appointments;
(D) if the members are elected, whether the election is at:
(i) the primary election at which county officials arenominated; or
(ii) the general election at which county officials areelected; and
(E) subject to sections 21 and 22 of this chapter, the mannerin which members are elected or appointed.
(4) The compensation, if any, of the members of the regular andinterim board of school trustees, which may not exceed theamount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of themembers of the board of school trustees, including limitationson:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in thereorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in thereorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to andassumed by the new community school corporation of which they area part, regardless of whether the plan provides for transfer andassumption.
(c) The preliminary plan must be supported by a summarystatement of:
(1) the educational improvements the plan's adoption will makepossible;
(2) data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through12;
(C) assessed valuation per student referred to in clause (B);and
(D) property tax levies;
of each existing school corporation to which the plan applies; (3) the:
(A) assessed valuation;
(B) resident ADA; and
(C) assessed valuation per student;
data referred to in subdivision 2(A) through 2(C) that wouldhave applied for each proposed community school corporationif the corporation existed in the year the preliminary plan isprepared or notice of a hearing or hearings on the preliminaryplan is given by the county committee; and
(4) any other data or information the county committeeconsiders appropriate or that may be required by the state boardin its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred toin subsection (c)(2) through (c)(3) on the valuations applying totaxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on thepreliminary plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of thefigures under the rules under which they are submitted to thestate superintendent by existing school corporations; and
(3) shall set out the resident ADA figures for:
(A) the school year in progress if the figures are available forthat year; or
(B) the immediately preceding school year if the figures arenot available for the school year in progress.
The county committee may obtain the data and information referredto in this subsection from any source the committee considersreliable. If the county committee attempts in good faith to complywith this subsection, the summary statement referred to in subsection(c) is sufficient regardless of whether the statement is exactlyaccurate.
(e) The general description referred to in subsection (a)(2) mayconsist of an identification of an existing school corporation that isto be included in its entirety in the community school corporation. Ifa boundary does not follow the boundary of an existing civil unit ofgovernment or school corporation, the description must set out theboundary:
(1) as near as reasonably possible by:
(A) streets;
(B) rivers; and
(C) other similar boundaries;
that are known by common names; or
(2) if descriptions as described in subdivision (1) are notpossible, by section lines or other legal description.
The description is not defective if there is a good faith effort by thecounty committee to comply with this subsection or if the boundarymay be ascertained with reasonable certainty by a person skilled inthe area of real estate description. The county committee may require
the services of the county surveyor in preparing a description of aboundary line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more thanfour (4) years; and
(2) may serve more than one (1) consecutive appointive orelective term.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.92.
IC 20-23-4-13
Hearings on preliminary plans; notice
Sec. 13. (a) When a county committee has prepared itspreliminary written plans for reorganization of school corporations,the committee shall fix dates and places for one (1) or more hearingson the plans and give notice of the hearings to the residents of theschool corporations affected and all interested parties. The countycommittee may hold more than one (1) hearing. The chairperson ofthe county committee shall give the notice:
(1) by publication at least one (1) time in one (1) newspaper ofgeneral circulation published in the school corporation orcorporations; or
(2) if a newspaper is not published in the school corporation orcorporations, in a newspaper having a general circulation in theschool corporation or corporations;
at least ten (10) days but not more than thirty (30) days before thedate of the hearing.
(b) At the hearing:
(1) the county committee shall:
(A) explain the proposed reorganization plan;
(B) summarize the educational improvements adoption ofthe plan will make possible; and
(C) if the proposed reorganization includes division of anexisting school corporation, state the adjustment proposedfor:
(i) property;
(ii) assets;
(iii) debts; and
(iv) other liabilities; and
(2) any resident of the county or of any affected schoolcorporation in an adjoining county may be heard with referenceto:
(A) the proposed plan; or
(B) an alternative plan.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-14
Final comprehensive reorganization plan; adoption; submission ofplan to state board
Sec. 14. (a) The county committee shall consider any suggestionsmade in the public hearing and shall make any revisions or
modifications in its written plans as it considers necessary and shallthereupon without any further hearing adopt its final comprehensivereorganization plan, and, within ten (10) days after such adoption,but not later than January 14, 1964, shall submit at least three (3)copies of its comprehensive plan to the state board. However, if acounty committee encounters any difficulties in formulating andadopting either its preliminary or comprehensive plan for thereorganization of school corporations, through no lack of diligenceupon the part of the committee so that it is unable to submit its plansto the state board within the period specified, the county committeemay apply to the state board for an extension of time in which tocomplete and adopt its preliminary or comprehensive plan. Theapplication may be made during or after the original or any extendedperiod for which an extension is asked.
(b) The state board may, if the facts and circumstances warrant,grant such extension or extensions as it may see fit.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-15
Submission of reorganization plans to state board prior tocompletion of comprehensive plan
Sec. 15. The county committee may submit to the state board forapproval, in accordance with section 18 of this chapter, a plan for thereorganization of one (1) or more school corporations withoutawaiting the completion of a comprehensive plan. The plan becomesan integral part of the comprehensive plan the county committee isrequired to prepare.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-16
Required contents of preliminary or final comprehensive plan
Sec. 16. The form of a preliminary or final comprehensive plan ofreorganization is sufficient if the plan contains in its own terms or byreference the following for each proposed community schoolcorporation:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries of the communityschool corporation as provided in section 12 of this chapter.
(3) The number of members of the board of school trustees andwhether the members are elected or appointed.
(4) The manner in which the board of school trustees, other thanthe interim board, is elected or appointed.
(5) If a school corporation is divided as part of thereorganization, the disposition of assets and liabilities of theschool corporation.
(6) The statement required by section 12 of this chapter if thatstatement is submitted or adopted with the plan.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-17 Advisory committees of county; membership
Sec. 17. (a) The county committee may form one (1) or moreadvisory committees.
(b) An advisory committee may include as members:
(1) superintendents; or
(2) principals;
of local school corporations.
(c) An advisory committee or the individual members of anadvisory committee shall:
(1) help the county committee; and
(2) furnish information to the county committee;
as requested by the county committee.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-18
State board of education; powers and duties
Sec. 18. (a) The state board shall:
(1) aid the county committees, as required by subsection (b), incarrying out:
(A) the powers conferred; and
(B) the duties imposed;
on the committees by this chapter;
(2) receive and examine each plan for the reorganization of aschool corporation submitted to the state board by a countycommittee and approve each plan that meets the standards ofthe state board;
(3) adopt a set of minimum standards, in furtherance of thepolicy expressed in section 1 of this chapter, which all proposedcommunity school corporations must meet, insofar as feasible;
(4) not later than ninety (90) days after receipt of areorganization plan, hold a public hearing in the county towhich the plan mainly applies to allow residents of the affectedterritory to testify;
(5) not later than sixty (60) days after the public hearing:
(A) approve or disapprove in writing all or part of the plan;and
(B) notify in writing the county committee concerned;
(6) assist any county committee whose plan does not meetminimum standards in revising the plan and permit thecommittee to resubmit the plan not later than ninety (90) daysafter receipt of notice of nonapproval; and
(7) adopt rules under IC 4-22-2 for:
(A) the conduct of its own business; and
(B) the guidance and direction of county committees;
to carry out this chapter and IC 20-23-16-1 throughIC 20-23-16-11.
(b) The minimum standards for community school corporationsproposed under this chapter or IC 20-23-16-1 through IC 20-23-16-11must provide for the inclusion of all the area of a county in:
(1) a school corporation; or (2) school corporations;
to furnish efficient and adequate educational opportunity for allstudents in grades 1 through 12.
(c) Before the adoption of a preliminary written plan, the countycommittee and the state board may meet to consider problemsencountered by the county committee in formulating a plan.Following the meeting, the state board may waive in writing anyspecified minimum standard for a designated geographic area on theground that meeting the standard is not feasible.
(d) The state board is not required to hold a public hearing on aplan that does not meet the minimum standards required by the stateboard unless the state board waives the attainment of a minimumstandard.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-19
Creation of community school corporation in certain existingschool corporations; motion of state board; hearings; definitions
Sec. 19. (a) If the creation of a community school corporation outof an existing corporation:
(1) would not involve a change in its territorial boundaries or inits board of school trustees or other governing body, other thana change in the time of election or appointment or the time theboard members take office; and
(2) is consistent with the standards set up under this chapter andthe standards set out in this section;
the state board may on its own motion or on petition of the governingbody of the existing school corporation at any time with hearing inthe county where the school corporation is located, after notice bypublication at least once in one (1) newspaper of general circulationpublished in the county where the school corporation is located, atleast ten (10) but not more than thirty (30) days before the date of ahearing, and without action of the county committee declare theexisting school corporation to be a community school corporation byadopting a resolution to this effect. The existing school corporationqualifies as to size and financial resources if it has an ADA of atleast two hundred seventy (270) students in grades 9 through 12 orat least one thousand (1,000) students in grades 1 through 12, and hasan assessed valuation per student of at least five thousand dollars($5,000).
(b) For purposes of this section, the following terms have thefollowing meanings:
(1) "County tax" means a property tax:
(A) that is levied at an equal rate in the entire county inwhich any school corporation is located, other than a taxqualifying as a countywide tax within the meaning of Acts1959, c.328, s.2, or any similar statute; and
(B) for which the net proceeds of which are distributed toschool corporations in the county.
(2) "Assessed valuation" of any school corporation means the
net assessed value of its real and personal property as of March1, 1964, adjusted in the same manner as the assessed valuationis adjusted for each county by the department of localgovernment finance under Acts 1949, c.247, s.5, as amended,unless that statute has been repealed or no longer provides foran adjustment. If a county has a county tax, the assessedvaluation of each school corporation in the county shall beincreased by the amount of assessed valuation, if any, thatwould be required to raise an amount of money, equal to theexcess of the amount distributed to any school corporation fromthe county tax over the amount collected from the county tax inthe school corporation, using total taxes levied by the schoolcorporation in terms of rate:
(A) excluding the countywide tax under Acts 1959, c.328,s.2, or any similar statute; and
(B) including all other taxes levied by or for the schoolcorporation.
The increased valuation shall be based on the excess distributedto the school corporation from the county tax levied for the year1964 and the total taxes levied for the year, or if the county taxis first applied or is raised for years after 1964, then the excessdistributions and total taxes levied for the year in which the taxis first applied or raised. If the excess distribution and totaltaxes levied cannot be determined accurately on or before theadoption of the resolution provided in this section, excessdistribution and taxes levied shall be estimated by thedepartment of local government finance using the last precedingassessed valuations and tax rates or such other information asthat department determines, certifying the increased assessmentto the state board before such time. In all cases, the excessdistribution shall be determined upon the assumption that thecounty tax is one hundred percent (100%) collected and allcollections are distributed.
(3) "Assessed valuation per student" of any school corporationmeans the assessed valuation of any school corporation dividedby its ADA in grades 1 through 12.
(4) "ADA" in any school corporation means the average dailyattendance of students who are residents in the schoolcorporation and in the particular grades to which the term refersfor the school year 1964-1965 in accordance with the applicableregulations of the state superintendent, used in determiningaverage daily attendance in the distribution of the tuition fundsby the state to its various school corporations where funds aredistributed on such basis and irrespective of whether the figuresare the actual resident daily attendance of the school for theschool year.
(c) The community school corporation automatically comes intobeing on either July 1 or January 1 following the date of approval,whichever is earlier. The state board shall mail by certified mail,return receipt requested, a copy of the resolution certified by the
county committee's chairperson or secretary to:
(1) the recorder of the county from which the county committeehaving jurisdiction of the existing school corporation wasappointed; and
(2) the county committee.
The resolution may change the time of election or appointment of theboard of trustees of the school corporation or the time the trusteestake office. The recorder shall without cost record the certifiedresolution in the miscellaneous records of the county. The recordingconstitutes a permanent record of the action of the state board andmay be relied on by any person. Unless the resolution provides thatan interim member of the board of trustees shall not be appointed, theboard of trustees in office on the date of the action continues toconstitute the board of trustees of the school corporation until theirsuccessors are qualified, and the terms of their respective office andboard membership remain unchanged except to the extent theresolution otherwise provides. For purposes of this chapter andIC 20-23-16-1 through IC 20-23-16-11, a community schoolcorporation shall be regarded as a school corporation created undersection 16 of this chapter.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.93.
IC 20-23-4-20
Approval of reorganization plan by state board; notice; creation ofcommunity school corporation by petition or elections; contents ofpetition and petitioning procedure
Sec. 20. (a) After the state board approves a comprehensive planor partial plan for reorganization of school corporations as submittedto the state board by a county committee, the state board shallpromptly, by certified mail with return receipt requested, give writtennotice of the approval to:
(1) the chairperson of the county committee submitting theplan; and
(2) the judge of the circuit court of the county from which thecounty committee was appointed.
(b) After notice is given under subsection (a), a community schoolcorporation proposed by a plan referred to in subsection (a) may becreated:
(1) by petition as provided in this section;
(2) by election as provided in section 21 of this chapter; or
(3) under section 22 of this chapter.
(c) After receipt of the plan referred to in subsection (a) by thecounty committee and before or after the election described insection 21 of this chapter, a community school corporation proposedby a plan referred to in subsection (a) may be created by a petition.The petition must be signed by at least fifty-five percent (55%) of theregistered voters residing in the community school corporation,determined in the manner set out in this section, and filed by anysigner or by the county committee with the clerk or clerks of thecircuit court or courts of the county or counties where the voters
reside. The petition must state that the signers request theestablishment of a community school corporation and must containthe following information:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries as set out in theplan.
(3) The number of members of the board of school trustees.
(4) The manner in which:
(A) the permanent board of school trustees; and
(B) if covered in the plan, the interim board of schooltrustees;
will be elected or appointed.
(5) The compensation, if any, of the members of:
(A) the permanent board of school trustees; and
(B) if covered in the plan, the interim board of schooltrustees.
(6) The disposition, if any, of assets and liabilities of eachexisting school corporation that:
(A) is included in the proposed community schoolcorporation; and
(B) has been divided.
(7) The disposition of school aid bonds, if any.
(d) The petition referred to in subsection (c) must show:
(1) the date on which each person signed the petition; and
(2) the person's residence address on that date.
The petition may be executed in several counterparts, the total ofwhich constitutes the petition described in this section. An affidavitof the person circulating a counterpart must be attached to thecounterpart. The affidavit must state that each signature appearing onthe counterpart was affixed in the person's presence and is the trueand lawful signature of the signer. Each signer on the petition maywithdraw the signer's signature from the petition before the petitionis filed with the clerk of the circuit court. Names may not be addedto the petition after the petition is filed with the clerk of the circuitcourt.
(e) After receipt of the petition referred to in subsection (c), theclerk of the circuit court shall make a certification under the clerk'shand and seal of the clerk's office as to:
(1) the number of signers of the petition;
(2) the number of signers of the petition who are registeredvoters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk'scounty;
as disclosed by the voter registration records of the county;
(3) the number of registered voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk'scounty;
as disclosed by the voter registration records of the county; and (4) the date of the filing of the petition with the clerk.
If a proposed community school corporation includes only part of avoting precinct, the clerk of the circuit court shall ascertain from anymeans, including assistance from the county committee, the numberof registered voters residing in the part of the voting precinct.
(f) The clerk of the circuit court shall make the certificationreferred to in subsection (e):
(1) not later than thirty (30) days after the filing of the petitionunder subsection (c), excluding from the calculation of thatperiod the time during which the registration records areunavailable to the clerk; or
(2) within any additional time as is reasonably necessary topermit the clerk to make the certification.
In certifying the number of registered voters, the clerk shall disregardany signature on the petition not made in the ninety (90) days thatimmediately precede the filing of the petition with the clerk as shownby the dates set out in the petition. The clerk shall establish a recordof the certification in the clerk's office and shall return thecertification to the county committee.
(g) If the certification or combined certifications received fromthe clerk or clerks disclose that the petition was signed by at leastfifty-five percent (55%) of the registered voters residing in thecommunity school corporation, the county committee shall publisha notice in two (2) newspapers of general circulation in thecommunity school corporation. The notice must:
(1) state that the steps necessary for the creation andestablishment of the community school corporation have beencompleted; and
(2) set forth:
(A) the number of registered voters residing in thecommunity school corporation who signed the petition; and
(B) the number of registered voters residing in thecommunity school corporation.
(h) A community school corporation created by a petition underthis section takes effect on the earlier of:
(1) July 1; or
(2) January 1;
that next follows the date of publication of the notice referred to insubsection (g).
(i) If a public official fails to perform a duty required of theofficial under this chapter within the time prescribed in this sectionand sections 21 through 24 of this chapter, the omission does notinvalidate the proceedings taken under this chapter.
(j) An action:
(1) to contest the validity of the formation or creation of acommunity school corporation under this section;
(2) to declare that a community school corporation:
(A) has not been validly formed or created; or
(B) is not validly existing; or
(3) to enjoin the operation of a community school corporation;may not be instituted later than thirty (30) days after the date ofpublication of the notice referred to in subsection (g).
As added by P.L.1-2005, SEC.7.
IC 20-23-4-21
Special election to create community school corporations;procedure
Sec. 21. (a) If the chairperson of the county committee does notreceive the certification or combined certifications under section20(f) of this chapter not later than ninety (90) days after the receiptby the county committee of the plan referred to in section 20(a) ofthis chapter, the judge of the circuit court of the county from whichthe county committee submitting the plan was appointed shall:
(1) certify the public question under IC 3-10-9-3; and
(2) order the county election board to conduct a special electionin which the registered voters residing in the proposedcommunity school corporation may vote to determine whetherthe corporation will be created.
(b) If:
(1) a primary election at which county officials are nominated;or
(2) a general election at which county officials are elected;
and for which the question can be certified in compliance withIC 3-10-9-3 is to be held not later than six (6) months after thereceipt by the chairperson of the county committee of the planreferred to in section 20(a) of this chapter, regardless of whether theninety (90) day period referred to in subsection (a) has expired, thejudge shall order the county election board to conduct the specialelection to be held in conjunction with the primary or generalelection.
(c) If a primary or general election will not be held in the six (6)month period referred to in subsection (b), the special election shallbe held:
(1) not earlier than sixty (60) days; and
(2) not later than one hundred twenty (120) days;
after the expiration of the ninety (90) day period referred to insubsection (a).
(d) The county election board shall give notice under IC 5-3-1 ofthe special election referred to in subsection (a).
(e) The notice referred to in subsection (d) of a special electionmust:
(1) clearly state that the election is called to afford theregistered voters an opportunity to approve or reject a proposalfor the formation of a community school corporation;
(2) contain:
(A) a general description of the boundaries of thecommunity school corporation as set out in the plan;
(B) a statement of the terms of adjustment of:
(i) property;
(ii) assets; (iii) debts; and
(iv) liabilities;
of an existing school corporation that is to be divided in thecreation of the community school corporation;
(C) the name of the community school corporation;
(D) the number of members comprising the board of schooltrustees; and
(E) the method of selecting the board of school trustees ofthe community school corporation; and
(3) designate the date, time, and voting place or places at whichthe election will be held.
(f) A special election referred to in subsection (a) is under thedirection of the county election board in the county. The electionboard shall take all steps necessary to carry out the special election.If the special election is not conducted at a primary or generalelection, the cost of conducting the election is:
(1) charged to each component school corporation embraced inthe community school corporation in the same proportion as thecomponent school corporation's assessed valuation is to thetotal assessed valuation of the community school corporation;and
(2) paid:
(A) from any current operating fund not otherwiseappropriated of; and
(B) without appropriation by;
each component school corporation.
If a component school corporation is to be divided and its territoryassigned to two (2) or more community corporations, the componentschool corporation's cost of the special election is in proportion tothe corporation's assessed valuation included in the communityschool corporation.
(g) The county election board shall place the public question onthe ballot in the form prescribed by IC 3-10-9-4. The public questionmust state "Shall the (here insert name) community schoolcorporation be formed as provided in the Reorganization Plan of theCounty Committee for the Reorganization of School Corporations?".Except as otherwise provided in this chapter, the election is governedby IC 3.
(h) If a majority of the votes cast at a special election referred toin subsection (a) on the public question are in favor of the formationof the corporation, a community school corporation is created andtakes effect on the earlier of:
(1) the July 1; or
(2) the January 1;
that next follows the date of publication of the notice referred to insubsection (d).
(i) If a public official fails to perform a duty required of theofficial under this section within the time prescribed in this section,the omission does not invalidate the proceedings taken under thissection. (j) An action:
(1) to contest the validity of the formation or creation of acommunity school corporation under this section;
(2) to declare that a community school corporation:
(A) has not been validly formed or created; or
(B) is not validly existing; or
(3) to enjoin the operation of a community school corporation;
may not be instituted later than thirty (30) days after the date of thespecial election referred to in subsection (a).
As added by P.L.1-2005, SEC.7.
IC 20-23-4-22
Reorganization plan involving no change in boundaries or boardof trustees; automatic effective date
Sec. 22. (a) This section applies to a proposed school corporationreorganization plan approved by the state board that involves nochange in:
(1) territorial boundaries; or
(2) the board of school trustees or other governing body;
of a school corporation, other than a change in the time of electionof board members or the time the board members take office.
(b) A plan referred to in subsection (a) automatically comes intobeing on the earlier of:
(1) the July 1; or
(2) the January 1;
that next follows the date of approval of the plan by the state board.
(c) If subsection (b) applies:
(1) an interim board of trustees member may not be appointed;
(2) the board members in office on the date the plan comes intobeing under subsection (b) continue to constitute the governingbody of the school corporation until their successors arequalified; and
(3) the:
(A) terms of offices; and
(B) board memberships;
of the board members remain unchanged except to the extentthe plan provides otherwise.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-23
Rejection of community school corporations and elections; optionsof county committee
Sec. 23. (a) If a proposal for the formation of a community schoolcorporation is rejected by the voters at the special election providedfor in this chapter, the county committee shall:
(1) subject to subsection (b), devise a new plan ofreorganization considered more acceptable to the electors of theterritory affected; or
(2) subject to subsection (c), direct the county election board orboards to resubmit the same plan rejected by the voters. (b) The county committee shall submit a new plan devised undersubsection (a)(1) to the state board for the state board's approval notlater than six (6) months after the date of the special election atwhich the proposal was rejected, subject to the same conditions andrequirements concerning extensions of time and other mattersprovided in this chapter. If the new plan is approved by the stateboard, the procedures of this chapter for the creation of a communityschool corporation must be followed.
(c) The county committee may direct the county election board orboards to resubmit the plan referred to in subsection (a)(2) at aspecial election to be held not later than six (6) months after thespecial election at which the proposal was rejected. If a primary orgeneral election for state offices is to be held not later than six (6)months after the special election at which the proposal was rejected,the special election must be held in conjunction with the primary orgeneral election. The judge of the circuit court shall give notice bypublication of the special election on request of the countycommittee. The special election is held in the same manner requiredfor the holding of a special election under section 21 of this chapter.Officials concerned shall take all actions necessary to conduct thespecial election as required under section 21 of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-24
Failure of public official to perform duty within time prescribed;effect
Sec. 24. (a) Except as provided in subsection (b), if a publicofficial fails to perform a duty required under this chapter orIC 20-23-16-1 through IC 20-23-16-11 within the time prescribed inthis chapter or IC 20-23-16-1 through IC 20-23-16-11, the omissiondoes not invalidate any proceedings taken by the official.
(b) This section:
(1) does not apply to the time within which a county committeemust accept jurisdiction of all or part of a school corporationfrom another county committee following a petition underIC 20-23-16-1; and
(2) may not be construed to extend the time within whichpetitions may be filed by registered voters under this chapter orIC 20-23-16-1 through IC 20-23-16-11.
As added by P.L.1-2005, SEC.7.
IC 20-23-4-25
Appeal procedure
Sec. 25. (a) A party aggrieved by the decision of the countycommittee after the hearing provided for under section 13 of thischapter may:
(1) appear before the state board when the state board holdspublic hearings on the reorganization plan involved; and
(2) state the grievance.
(b) A party aggrieved by the decision of the state board after the
hearing provided for in section 13 of this chapter may appeal withinthirty (30) days from the decision to the court in the county on anyquestion of adjustment of:
&