CHAPTER 6. CONSOLIDATION OF SCHOOL CORPORATIONS
IC 20-23-6
Chapter 6. Consolidation of School Corporations
IC 20-23-6-1
"Trustees"
Sec. 1. As used in this chapter, "trustees" means the:
(1) township trustee and township board; or
(2) governing body;
of each school corporation joining in the resolution provided for inthis chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-2
Authorization to consolidate
Sec. 2. The governing body of two (2) or more schoolcorporations, whether:
(1) towns;
(2) cities;
(3) townships;
(4) joint schools; or
(5) consolidated schools;
situated in the same or adjoining counties may consolidate theirrespective school corporations in the manner and upon the conditionsprescribed in this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-3
Joint resolutions; contents; notice requirements; petition forelection
Sec. 3. (a) If the governing bodies of at least two (2) schoolcorporations desire to consolidate school corporations, the governingbodies may meet together and adopt a joint resolution declaringintention to consolidate school corporations. The resolution must setout the following information concerning the proposedconsolidation:
(1) The name of the proposed new school corporation.
(2) The number of members on the governing body and themanner in which they shall be elected or appointed.
(A) If members are to be elected, the resolution must providefor:
(i) the manner of the nomination of members;
(ii) who shall constitute the board of electioncommissioners;
(iii) who shall appoint inspectors, judges, clerks, andsheriffs; and
(iv) any other provisions desirable in facilitating theelection.
(B) Where applicable and not in conflict with the resolution,the election is governed by the general election laws ofIndiana, including the registration laws. (3) Limitations on residences, term of office, and otherqualifications required of the members of the governing body.A resolution may not provide for an appointive or elective termof more than four (4) years. A member may succeed himself orherself in office.
(4) Names of present school corporations that are to be mergedtogether as a consolidated school corporation.
In addition, the resolution may specify the time when theconsolidated school corporation comes into existence.
(b) The number of members on the governing body as provided inthe resolution may not be less than three (3) or more than seven (7).However, the joint resolution may provide for a board of nine (9)members if the proposed consolidated school corporation is formedout of two (2) or more school corporations that:
(1) have entered into an interlocal agreement to construct andoperate a joint high school; or
(2) are operating a joint high school that has an enrollment of atleast six hundred (600) in grades 9 through 12 at the time thejoint resolution is adopted.
(c) The members of the governing body shall, after adopting ajoint resolution, give notice by publication once each week for two(2) consecutive weeks in a newspaper of general circulation, if any,in each of the school corporations. If a newspaper is not published inthe school corporation, publication shall be made in the nearestnewspaper published in the county in which the school corporationis located. The governing bodies of school corporations shall meetone (1) week following the date of the appearance of the lastpublication of notice of intention to consolidate. If a protest has notbeen filed, as provided in this chapter, the governing bodies shalldeclare by joint resolution the consolidation of the schoolcorporations to be accomplished, to take effect as provided in section8 of this chapter. However, on or before the sixth day following thelast publication of the notice of intention to consolidate, twentypercent (20%) of the legal voters residing in any school corporationmay petition the governing body of the school corporations for anelection to determine whether or not the majority of the voters of theschool corporation is in favor of consolidation.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-4
Amendment of joint resolution of provisions regardingsuperintendent
Sec. 4. (a) If the joint resolution under section 3 of this chapterprovides that the consolidated schools shall be under the direction ofthe county superintendent of schools, the resolution may be amendedby following the procedure in this section to provide that theconsolidated schools are under the direction of a superintendentselected by the governing body of the new consolidated schoolcorporation. The change shall be effected by a resolution adopted bya majority of the members of the governing body at a meeting held
within the limits of the consolidated school corporation. All themembers of the governing body shall receive or waive written noticeof the:
(1) date;
(2) time;
(3) place; and
(4) purpose;
of the meeting. The resolution and proof of service or waiver of thenotice shall be made a part of the records of the governing body. Anamendment takes effect after the adoption of a resolution at the timea superintendent is selected by the governing body and commencesthe superintendent's duties. The superintendent shall serve under acontract in the same manner and under the same rules governing theemployment and service of other licensed personnel. Thesuperintendent's original contract and succeeding contracts may befor a period of from one (1) to five (5) years.
(b) The joint resolution of a consolidated school corporation maynot be amended under this section unless the corporation is entitledat the time the governing body adopts an amending resolution under:
(1) the rules established by the state board or its successor; or
(2) any appropriation or other statute;
to an additional unit or administrative unit of state support if thegoverning body employs a licensed superintendent devoting full timeto administration or supervision of schools of the corporation.
(c) In all instances of reorganization under this chapter afterMarch 11, 1965, the consolidated school corporation shall be underthe direction of a superintendent selected by its governing body.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-5
Petitions protesting consolidations; notice of election
Sec. 5. (a) If a petition is filed in one (1) or more of the schoolcorporations protesting consolidation as provided in this chapter bythe legal voters of any school corporation the governing body ofwhich proposes to consolidate, the governing body in each schoolcorporation in which a protest petition is filed shall certify the publicquestion to each county election board of the county in which theschool corporation is located. The county election board shall call anelection of the voters of the school corporation to determine if amajority of the legal voters of the corporation is in favor ofconsolidating the school corporations.
(b) If a protest is filed in more than one (1) school corporation, theelections shall be held on the same day. Each county election boardshall give notice by publication once each week for two (2)consecutive weeks in a newspaper of general circulation in theschool corporation. If a newspaper is not published in the:
(1) township;
(2) town; or
(3) city;
the notice shall be published in the nearest newspaper published in
the county or counties, that on a day and at an hour to be named inthe notice, the polls will be open at the usual voting places in thevarious precincts in the corporation for taking the vote of the legalvoters upon whether the school corporation shall be consolidatedwith the other school corporations joining in the resolution.
(c) The public question shall be placed on the ballot in the formprovided by IC 3-10-9-4 and must state: "Shall (insert name of schoolcorporation) be consolidated with (insert names of other schoolcorporations)?".
(d) Notice shall be given not later than thirty (30) days after thepetition is filed. The election shall be held not less than ten (10) daysor more than twenty (20) days after the last publication of the notice.
(e) The governing body of each school corporation in which anelection is held is bound by the majority vote of those voting.However, if the election falls within a period of not more than six (6)months before a primary or general election, the election shall beheld concurrently with the primary or general election.
(f) If a majority of those voting in any one (1) school corporationvotes against the plan of consolidation, the plan fails. However, thefailure does not prevent any or all the school corporations fromtaking further initial action for the consolidation of schoolcorporations under this chapter.
(g) Whenever twenty percent (20%) of the legal voters residing inany school corporation, jointly with twenty percent (20%) of thelegal voters in each of one (1) or more other school corporations:
(1) prepare a resolution; and
(2) petition the trustees of their respective school corporationsto consolidate the school corporations, as set out in theresolution;
each governing body petitioned shall call the school electionprovided for in this chapter in its school corporations.
(h) Notice of the election shall be published within thirty (30)days after the filing of the resolution with the governing body of theschool corporation where it is last filed. However, if any of thepetitioned governing bodies agrees to the consolidation as set out inthe resolution, an election in that school corporation may not berequired under the resolution.
(i) Notice as set out in this section shall be given, and a protestrequesting an election may be filed in conformity with section 3 ofthis chapter.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.315.
IC 20-23-6-6
Election procedure; form of ballot
Sec. 6. (a) On the day and hour named in the notice filed undersection 5 of this chapter, polls shall be opened and the votes of theregistered voters shall be taken upon the public question ofconsolidating school corporations. The election shall be governed byIC 3, except as provided in this chapter.
(b) The county election board shall conduct the election. The
public question shall be placed on the ballot in the form prescribedby IC 3-10-9-4 and must state "Shall (here insert the names of theschool corporations that the resolution proposes to consolidate) beconsolidated into a consolidated school corporation?".
(c) A brief statement of the provisions in the resolution forappointment or election of a governing body may be placed on theballot in the form prescribed by IC 3-10-9-4. A certificate of thevotes cast for and against the consolidation of the schoolcorporations shall be filed with:
(1) the governing body of the school corporations subject to theelection;
(2) the state superintendent; and
(3) the county recorder of each county in which a consolidatedschool corporation is located;
together with a copy of the resolution.
(d) If a majority of the votes cast at each of the elections is infavor of the consolidation of two (2) or more school corporations, thetrustees of the school corporations shall proceed to consolidate theschools and provide the necessary buildings and equipment. In anyschool corporation where a petition was not filed and an election wasnot held, the failure on the part of the voters to file a petition for anelection shall be considered to give the consent of the voters of theschool corporation to the consolidation as set out in the resolution.
(e) If the special election is not conducted at a primary or generalelection, the expense of the election shall be borne by the schoolcorporation or each of the school corporations subject to the electionand shall be paid out of the school general fund.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.95.
IC 20-23-6-7
Consolidated schools under management of original trustees
Sec. 7. (a) Each school of the consolidated schools is under thecontrol and management of the original governing body until theconsolidated school corporation comes into existence at the timeprovided in section 8 of this chapter. When the consolidated schoolcorporation comes into existence, the term of office of each of theoriginal members of the governing body expires.
(b) The term of any township trustee does not expire. However,the duties and powers of the trustee as a school township trustee maybe altered or changed by any resolution and the consolidationprovided for in this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-8
Consolidated school boards; oath; organizational meetings;membership; compensation
Sec. 8. (a) Consolidated schools are under the control andmanagement of the consolidated governing body created under thischapter, and a new consolidated school corporation comes intoexistence: (1) at the time specified in the resolutions provided in section3 or 4 of this chapter; or
(2) if a time is not specified, at the following times:
(A) If a protest has not been filed and the creation isaccomplished by the adoption of a joint resolution followingpublication of notice as provided in section 3 of this chapter,thirty (30) days after the adoption of the joint resolution.
(B) If the creation is accomplished after an election asprovided in section 6 of this chapter, thirty (30) days afterthe election.
(b) The members of the governing body shall:
(1) take an oath to faithfully discharge the duties of office; and
(2) meet at least five (5) days before the time the newconsolidated school corporation comes into existence toorganize.
(c) The governing body shall meet to reorganize on August 1 ofeach year and at any time the personnel of the board is changed. Atthe organization or reorganization meeting, the members of thegoverning body shall elect the following:
(1) A president.
(2) A secretary.
(3) A treasurer.
(d) The treasurer, before starting the duties of the treasurer'soffice, shall execute a bond to the acceptance of the county auditor.The fee for the bond shall be paid from the school general fund of theconsolidated school corporation. Any vacancy occurring in themembership in any governing body, other than vacancy in the officeof an ex officio member, shall be filled in the following manner:
(1) If the membership was originally made by appointment, thevacancy shall be filled by appointment by the legislative bodyof the:
(A) city;
(B) town;
(C) township; or
(D) other body;
or other official making the original appointment.
(2) If the membership was elected, the vacancy shall be filledby a majority vote of the remaining members of the governingbody of the consolidated school corporation.
(e) The members of the governing body, other than the townshipexecutive or ex officio member, shall receive compensation forservices as fixed by resolution of the governing body. The members,other than the township executive or any ex officio member, may notreceive more than two hundred dollars ($200) annually. Any:
(1) township executive; or
(2) ex officio member of the governing body;
shall serve without additional compensation.
(f) The governing body of a consolidated school corporation mayelect and appoint personnel it considers necessary.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.96.
IC 20-23-6-9
Abandonment of old school corporations; transfer of property andobligations to new corporations; disposition of unneeded property;procedure
Sec. 9. (a) When any:
(1) school town;
(2) school city;
(3) school township;
(4) joint school; or
(5) consolidated school;
has become consolidated by resolution or election and the newgoverning body has been appointed and legally organized, the formerschool township, school town, school city, joint school, orconsolidated school is considered abandoned.
(b) All school:
(1) property;
(2) rights;
(3) privileges; and
(4) any indebtedness;
from the abandoned school is considered to accrue to and be assumedby the new consolidated school corporation.
(c) The title of property shall pass to and become vested in thenew consolidated school corporation. All debts of the former schoolcorporations shall be assumed and paid by the new consolidatedschool corporation. All the privileges and rights conferred by lawupon the former:
(1) school town;
(2) school city;
(3) school township;
(4) joint school; or
(5) consolidated school;
are granted to the newly consolidated school corporation.
(d) This subsection applies when the consolidated governing bodyof a consolidated school corporation decides that property acquiredunder subsection (b) from a township is no longer needed for schoolpurposes. The governing body shall offer the property as a gift forpark and recreation purposes to the township that owned the propertybefore the school was consolidated. If the township board accepts theoffer, the governing body shall give the township a quitclaim deed tothe property. The deed must state that the township is required to usethe property for park and recreation purposes. If the township boardrefuses the offer, the governing body may sell the property in themanner provided in subsection (e).
(e) This subsection provides the procedure for the sale of schoolproperty that is no longer needed for school purposes by thegoverning body of a consolidated school corporation. The governingbody shall cause the property to be appraised at a fair cash value by:
(1) one (1) disinterested resident freeholder of the schoolcorporation offering the property for sale; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;who are residents of Indiana. One (1) of the appraisers describedunder subdivision (2) must reside not more than fifty (50) miles fromthe property. The appraisals shall be made under oath and spread ofrecord upon the records of the governing body. A sale may not bemade for less than the appraised value, and the sale must be made forcash. The sale shall take place after the governing body gives noticeunder IC 5-3-1 of the terms, date, time, and place of sale.
(f) Proceeds from a sale under subsection (e) shall be placed in acapital projects fund of the consolidated school corporation or otherfund designated as the fund that is available for capital outlay of theschool corporation.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.97;P.L.113-2006, SEC.13.
IC 20-23-6-10
School board of consolidated school corporation joining with otherexisting entities
Sec. 10. (a) The governing body of a consolidated schoolcorporation formed under this chapter may join with other:
(1) townships;
(2) school towns;
(3) school cities;
(4) joint schools; or
(5) consolidated schools;
to decide whether a consolidation shall take place.
(b) The provisions concerning:
(1) resolutions;
(2) petitions; and
(3) elections;
set out in this chapter apply.
(c) The new resolution may change the name of the consolidatedschool corporation or the number of members of the newlyconsolidated governing body under this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-11
Filing copies of consolidation resolution; school corporations to beseparate and distinct from any civil corporation
Sec. 11. A governing body shall, after the members have takentheir oath of office, cause a copy of the resolution to consolidate tobe filed with the county recorder in the county in which the newschool district is located. Any consolidated school district is declaredto be and is made a school corporation for school purposes, separateand distinct from any civil corporation.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-12
Reorganization by school corporations to become communityschool corporations
Sec. 12. (a) This section provides an alternative method for a
school corporation to be reorganized as a community schoolcorporation.
(b) The following may petition directly to the state board to bereorganized as a community school corporation:
(1) A consolidated school corporation organized under section3 of this chapter.
(2) A metropolitan school district organized under IC 20-23-7-2or IC 20-23-7-12.
(c) The following apply to a school corporation that petitionsdirectly to the state board under subsection (b):
(1) The school corporation is not required to do the following:
(A) Seek approval of a county committee established byIC 20-23-4-11.
(B) Pursue a joint meeting of a county committee and thestate board under IC 20-23-4-18.
(2) The state board may waive the attainment of any standardrequired for reorganization as a community school corporationunder this chapter.
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.22.
IC 20-23-6-13
"Majority"
Sec. 13. If the term "majority" is used in connection with any lawproviding for the submission to an electorate of the question of theconsolidation of two (2) or more school corporations, in all lawsenacted before March 13, 1959, concerning school consolidation,and in particular IC 20-23-6 and IC 20-23-7, the term means thegreater number of votes cast and counted either for or against theproposition of consolidation. Any additions to the certificate of thevotes cast, other than the number of votes cast for and against theproposition of consolidation, shall be considered as surplusage andof no effect, and the intention of IC 20-23-6 and of IC 20-23-7 shallbe so interpreted.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-14
Liberal construction of existing laws
Sec. 14. All laws enacted pertaining to the consolidation of schoolcorporations shall be liberally construed to effect the followingpurposes for which the laws were enacted:
(1) Better schools.
(2) Ease of administration.
(3) Economy of operation.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-15
Quo warranto challenge to consolidate
Sec. 15. An action to test or question the legality of a consolidatedschool corporation may only be brought in an action of quo warrantoin the name of the state on information filed by the prosecuting
attorney of the county in which the principal office of theconsolidated school corporation is located where attempts are madeor have been made to consolidate or join together schoolcorporations under the provisions of IC 20-23-6 or IC 20-23-7, andan election on the question of consolidation has been held and thecertificate certifying the vote is filed as provided by law or, anelection is not held and the number of days allowed by statutes forfiling a petition for an election has expired.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-16
Community school corporation; state policy
Sec. 16. It is the policy of the state that whenever a communityschool corporation (as defined in IC 20-23-4-3) seeks to:
(1) reorganize into a community school corporation underIC 20-23-4 or IC 20-23-16-1 through IC 20-23-16-11;
(2) enter into a territorial annexation under IC 20-23-5 either asan acquiring school corporation or a losing school corporation(as defined in IC 20-23-5-4);
(3) consolidate with another school corporation underIC 20-23-6; or
(4) consolidate with another school corporation into one (1)metropolitan school district under IC 20-23-7;
the school corporation shall give consideration to the educationalopportunities for students, local community interest, the effect on thecommunity as a whole, and the economic interests of the communityrelative to establishing the boundaries of the school corporation thatis involved in the school corporation reorganization, consolidation,or annexation attempt.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-17
Transfer of territory from city to consolidated school corporation;authorization to grant and accept; supplemental effect of chapter
Sec. 17. (a) If the territory of a third class city is in a part of theterritory of a consolidated school corporation, the third class citymay lease to the consolidated school corporation a building and theproperty the building is on that is owned by the city for schoolpurposes for a period of at least five (5) consecutive years.
(b) The common council of the city shall authorize a lease undersubsection (a) and the authorization may be made:
(1) without appraisement;
(2) without compensation; or
(3) upon terms agreed upon.
(c) The possession and use of a specified part of property that acity leases under this section may be reserved by the city for city use.A lease made under this section shall be in the form of a deed orother written instrument that may be recorded. The grant must statethat if the property is no longer needed for school purposes, theproperty reverts back to the city. A consolidated school corporation
acting through its board of school trustees may accept a lease:
(1) without appraisement;
(2) without compensation; or
(3) upon agreed upon terms;
by its board of school trustees.
(d) This section, being necessary and intended to remedydeficiencies in laws existing on June 30, 1955, relating to powers ofcertain municipal corporations and of certain school corporations,does not repeal the provisions of those laws governing corporationsbut supplements and clarifies those laws, and to that end shall beliberally construed.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.316.
IC 20-23-6-18
Prairie Township School Corporation; mandatory consolidation
Sec. 18. (a) Before January 1, 2011, Prairie Township SchoolCorporation shall reorganize by consolidating with an adjacentschool corporation under this chapter.
(b) If the governing body of Prairie Township School Corporationdoes not comply with this section before January 1, 2011, the stateboard shall, after December 31, 2010, develop a reorganization planfor the school corporation and require the governing body toimplement the plan.
As added by P.L.182-2009(ss), SEC.310. As amended by P.L.1-2010,SEC.76.