CHAPTER 7. CONSOLIDATION OF COUNTY SCHOOL CORPORATIONS AND METROPOLITAN SCHOOL DISTRICTS
IC 20-23-7
Chapter 7. Consolidation of County School Corporations andMetropolitan School Districts
IC 20-23-7-1
Purpose
Sec. 1. It is the purpose of this chapter to provide for theorganization of public schools in Indiana to:
(1) promote the best interests of the students of Indiana;
(2) provide for the organization of additional forms of localschool government;
(3) preserve and ensure an economical and efficient schoolsystem in accordance with the desires of the people in localcommunities; and
(4) improve the education of the students of Indiana asguaranteed by the laws and Constitution of the State of Indiana.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-2
Metropolitan school district; consolidation procedure
Sec. 2. (a) In any county or adjoining counties at least two (2)school corporations, including school townships, school towns,school cities, consolidated school corporations, joint schools,metropolitan school districts, township school districts, orcommunity school corporations, regardless of whether theconsolidating school corporations are of the same or of a differentcharacter, may consolidate into one (1) metropolitan school district.Subject to subsection (h), the consolidation must be initiated byfollowing either of the following procedures:
(1) The township trustee, board of school trustees, board ofeducation, or other governing body (the trustee, board, or othergoverning body is referred to elsewhere in this section as the"governing body") of each school corporation to beconsolidated shall:
(A) adopt substantially identical resolutions providing forthe consolidation; and
(B) publish a notice setting out the text of the resolution one(1) time under IC 5-3-1.
The resolution must set forth any provision for staggering theterms of the board members of the metropolitan school districtelected under this chapter. If, not more than thirty (30) daysafter publication of the resolution, a petition of protest, signedby at least twenty percent (20%) of the registered votersresiding in the school corporation is filed with the clerk of thecircuit court of each county where the voters who are eligibleto sign the petition reside, a referendum election shall be heldas provided in subsection (c).
(2) Instead of the adoption of substantially identical resolutionsin each of the proposed consolidating school corporations undersubdivision (1), a referendum election under subsection (c)
shall be held on the occurrence of all of the following:
(A) At least twenty percent (20%) of the registered votersresiding in a particular school corporation sign a petitionrequesting that the school corporation consolidate withanother school corporation (referred to in this subsection as"the responding school corporation").
(B) The petition described in clause (A) is filed with theclerk of the circuit court of each county where the voterswho are eligible to sign the petition reside.
(C) Not more than thirty (30) days after the service of thepetition by the clerk of the circuit court to the governingbody of the responding school corporation under subsection(b) and the certification of signatures on the petition occursunder subsection (b), the governing body of the respondingschool corporation adopts a resolution approving the petitionand providing for the consolidation.
(D) An approving resolution has the same effect as thesubstantially identical resolutions adopted by the governingbodies under subdivision (1), and the governing bodies shallpublish the notice provided under subdivision (1) not morethan fifteen (15) days after the approving resolution isadopted. However, if a governing body that is a party to theconsolidation fails to publish notice within the requiredfifteen (15) day time period, a referendum election still mustbe held as provided in subsection (c).
If the governing body of the responding school corporation doesnot act on the petition within the thirty (30) day perioddescribed in clause (C), the governing body's inactionconstitutes a disapproval of the petition request. If thegoverning body of the responding school corporation adopts aresolution disapproving the petition or fails to act within thethirty (30) day period, a referendum election as described insubsection (c) may not be held and the petition requesting theconsolidation is defeated.
(b) Any petition of protest under subsection (a)(1) or a petitionrequesting consolidation under subsection (a)(2) must show in thepetition the date on which each person has signed the petition and theperson's residence on that date. The petition may be executed inseveral counterparts, the total of which constitutes the petition. Eachcounterpart must contain the names of voters residing within a singlecounty and shall be filed with the clerk of the circuit court of thecounty. Each counterpart must have attached to it the affidavit of theperson circulating the counterpart that each signature appearing onthe counterpart was affixed in that person's presence and is the trueand lawful signature of each person who made the signature. Anysigner may file the petition or any counterpart of the petition. Eachsigner on the petition may before and may not after the filing withthe clerk withdraw the signer's name from the petition. A name maynot be added to the petition after the petition has been filed with theclerk. After the receipt of any counterpart of the petition, each circuit
court clerk shall certify:
(1) the number of persons signing the counterpart;
(2) the number of persons who are registered voters residingwithin that part of the school corporation located within theclerk's county, as disclosed by the voter registration records inthe office of the clerk or the board of registration of the county,or wherever registration records may be kept;
(3) the total number of registered voters residing within theboundaries of that part of the school corporation located withinthe county, as disclosed in the voter registration records; and
(4) the date of the filing of the petition.
Certification shall be made by each clerk of the circuit court notmore than thirty (30) days after the filing of the petition, excludingfrom the calculation of the period any time during which theregistration records are unavailable to the clerk, or within anyadditional time as is reasonably necessary to permit the clerk to makethe certification. In certifying the number of registered voters, theclerk of the circuit court shall disregard any signature on the petitionnot made within the ninety (90) days immediately before the filingof the petition with the clerk as shown by the dates set out in thepetition. The clerk of the circuit court shall establish a record of thecertification in the clerk's office and shall serve the original petitionand a copy of the certification on the county election board underIC 3-10-9-3 and the governing bodies of each affected schoolcorporation. Service shall be made by mail or manual delivery to thegoverning bodies, to any officer of the governing bodies, or to theadministrative office of the governing bodies, if any, and shall bemade for all purposes of this section on the day of the mailing or thedate of the manual delivery.
(c) The county election board in each county where the proposedmetropolitan school district is located, acting jointly where theproposed metropolitan school district is created and where it islocated in more than one (1) county, shall cause any referendumelection required under either subsection (a)(1) or (a)(2) to be heldin the entire proposed metropolitan district at a special election. Thespecial election shall be not less than sixty (60) days and not morethan ninety (90) days after the service of the petition of protest andcertification by each clerk of the circuit court under subsection (a)(1)or (a)(2) or after the occurrence of the first action requiring areferendum under subsection (a)(2). However, if a primary or generalelection at which county officials are to be nominated or elected, orat which city or town officials are to be elected in those areas of theproposed metropolitan school district that are within the city or town,is to be held after the sixty (60) days and not more than six (6)months after the service or the occurrence of the first action, eachelection board may hold the referendum election with the primary orgeneral election.
(d) Notice of the special election shall be given by each electionboard by publication under IC 5-3-1.
(e) Except where it conflicts with this section or cannot be
practicably applied, IC 3 applies to the conduct of the referendumelection. If the referendum election is not conducted at a primary orgeneral election, the cost of conducting the election shall be chargedto each component school corporation included in the proposedmetropolitan school district in the same proportion as its assessedvaluation bears to the total assessed valuation of the proposedmetropolitan school district and shall be paid from any currentoperating fund of each component school corporation not otherwiseappropriated, without appropriation.
(f) The question in the referendum election shall be placed on theballot in the form prescribed by IC 3-10-9-4 and must state "Shall theschool corporations of _________ be formed into one (1)metropolitan school district under IC 20-23-7?" (in which blanks therespective name of the school districts concerned will be inserted).
(g) If:
(1) a protest petition with the required signatures is not filedafter the adoption of substantially identical resolutions of thegoverning bodies providing for or approving the consolidationas described in subsection (a)(1); or
(2) a referendum election occurs in the entire proposedmetropolitan district and a majority of the voters in eachproposed consolidating school corporation vote in theaffirmative;
a metropolitan school district is created and comes into existence inthe territory subject to the provisions and under the conditionsdescribed in this chapter. The boundaries include all of the territorywithin the school corporations, and it shall be known as"Metropolitan School District of _______, Indiana" (the name of thedistrict concerned will be inserted in the blank). The name of thedistrict shall be decided by a majority vote of the metropolitangoverning board of the metropolitan school district at the firstmeeting. The metropolitan governing board of the new metropolitanschool district shall be composed and elected under this chapter. Thefailure of any public official or body to perform any duty within thetime provided in this chapter does not invalidate any proceedingstaken by that official or body, but this provision shall not beconstrued to authorize a delay in the holding of a referendum electionunder this chapter.
(h) If the governing body of a school corporation is involved in aconsolidation proposal under subsection (a)(1) or (a)(2) that fails toresult in a consolidation, the:
(1) governing body of the school corporation may not initiate asubsequent consolidation with another school corporation undersubsection (a)(1); and
(2) residents of the school corporation may not file a petitionrequesting a consolidation with another school corporationunder subsection (a)(2);
for one (1) year after the date on which the prior consolidationproposal failed.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-3
Metropolitan school district; duties
Sec. 3. (a) The metropolitan school district shall conduct theeducational activities of all the schools in the district in compliancewith:
(1) state law; and
(2) the laws of the state of Indiana with reference to publiceducation.
(b) The control and administration of the schools of themetropolitan school district are vested in a governing body whose:
(1) composition;
(2) duties;
(3) manner of election; and
(4) powers;
are described in this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-4
Metropolitan school district; division into board member districts
Sec. 4. (a) At the first meeting of the board of commissioners ofthe county after the creation of the metropolitan school district asprovided in this chapter, the board of commissioners shall divide thedistrict into three (3) governing body districts approximately equalin population. Not more than one (1) year after the effective date ofeach United States decennial census, the board of commissionersshall readjust the boundaries of the districts to equalize the districtsby population.
(b) Instead of the division provided under subsection (a), anyresolution or petition provided in section 2(a) or 2(b) of this chaptermay:
(1) provide that the metropolitan school district to be createdshall be divided into two (2) or more governing body districts;
(2) describe the governing body member districts;
(3) provide that one (1) or more members of the governing bodymust reside within each of the governing body member districts;
(4) set out the number of members to serve from eachdesignated district;
(5) provide that the governing body member districts need notbe equal in size or population, and that one (1) board memberdistrict may include all the area in the metropolitan schooldistrict;
(6) specify that the number of governing body members to beresident in each district need not be an equal number; and
(7) eliminate all requirements that there be governing bodymember districts.
(c) If the resolution or petition:
(1) does not provide for governing body member districts anddesignate the number of governing body members to be residentin each district; or
(2) provides for the elimination of governing body member
districts;
subsection (a) controls. If either subsection (a) or (b) applies,candidates shall be voted upon by all the registered voters of themetropolitan school district voting at any governing body memberelection.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-5
Metropolitan board of education; membership powers and duties
Sec. 5. (a) The rights, powers, and duties of the metropolitanschool district shall be vested in the governing body that must becomposed of:
(1) three (3);
(2) five (5); or
(3) seven (7) members;
who have resided in the district for at least two (2) years beforetaking office. The resolution or petition provided by section 2(a) or2(b) of this chapter may designate the number of members of thegoverning body. If a designation is not made concerning the numberof members of a governing body, the governing body is composed offive (5) members.
(b) If section 4(a) of this chapter applies to a metropolitan schooldistrict, the following rules apply:
(1) If the governing body consists of three (3) members, one (1)member shall reside in each residence district.
(2) If the governing body consists of five (5) members, not morethan two (2) shall reside in any one (1) residence district.
(3) If the governing body consists of seven (7) members, at leasttwo (2) shall reside in any one (1) residence district.
(c) If a governing body member moves the member's residencewithin the metropolitan school district from one (1) governing bodymember district to another or when governing body member districtboundaries are moved so that the member's place of residencechanges from one (1) governing body member district to another, themember does not on this account become disqualified as a governingbody member but may continue to hold office as a member of thegoverning body.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-6
First metropolitan board of education; composition; meetings;organization; compensation
Sec. 6. (a) The first metropolitan board of education shall becomposed of the:
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board ofeducation.
(b) The members of the metropolitan board of education shallserve ex officio as members subject to the laws concerning length of
terms, powers of election, or appointment and filling vacanciesapplicable to their respective offices.
(c) If a metropolitan school district is comprised of only two (2)board members, the two (2) members shall appoint a third boardmember not more than ten (10) days after the creation of themetropolitan school district. If the two (2) members are unable toagree on or do not make the appointment of a third board memberwithin the ten (10) day period after the creation of the metropolitanschool district, the third member shall be appointed not more thantwenty (20) days after the creation of the metropolitan school districtby the judge of the circuit court of the county in which themetropolitan school district is located. If the metropolitan schooldistrict is located in two (2) or more counties, the judge of the circuitcourt of the county containing that part of the metropolitan schooldistrict having more students than the part or parts located in anothercounty or counties shall appoint the third member. The members ofthe metropolitan board of education serve until their successors areelected or appointed and qualified.
(d) The first meeting of the first metropolitan board of educationshall be held not more than one (1) month after the creation of themetropolitan school district. The first meeting shall be called by thesuperintendent of schools, or township trustee of a school township,of the school corporation in the district having the largest number ofstudents. At the first meeting, the board shall organize, and duringthe first ten (10) days of each July the board shall reorganize, byelecting a president, a vice president, a secretary, and a treasurer.
(e) The secretary of the board shall keep an accurate record of theminutes of the metropolitan board of education and the minutes shallbe kept in the superintendent's office. When a metropolitan schooldistrict is formed, the metropolitan superintendent shall act asadministrator of the board and shall carry out the acts and duties asdesignated by the board. A quorum consists of a majority of themembers of the board. A quorum is required for the transaction ofbusiness. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described inthis section. Except in unusual cases, the board shall hold itsmeetings at the office of the metropolitan superintendent or at a placemutually designated by the board and the superintendent. Boardrecords are to be maintained and board business is to be conductedfrom the office of the metropolitan superintendent or a placedesignated by the board and the superintendent.
(g) The metropolitan board of education shall have the power topay to a member of the board:
(1) a reasonable per diem for service on the board not to exceedone hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to theamount per mile paid to state officers and employees. The rateper mile shall change when the state government changes itsrate per mile.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-7
Transfer of authority from existing school corporations tometropolitan districts
Sec. 7. (a) The transfer of:
(1) powers;
(2) duties;
(3) property;
(4) property rights;
(5) other assets;
(6) liabilities;
(7) contracts, both as to rights and obligations; and
(8) other issues connected with the transfer of authority fromexisting school corporations to the metropolitan school district;
shall take place at the time of the first meeting of the metropolitanboard of education not more than one (1) month after the creation ofthe board.
(b) The transfer of the items listed in subsection (a) are vested inthe metropolitan school district at the time of the first meeting of themetropolitan board of education.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-8
Metropolitan board of education; nomination and election ofmembers
Sec. 8. (a) Members of the metropolitan board of education areelected by the registered voters of the metropolitan school district atthe primary elections held biennially in the state, commencing withthe next primary election that is held more than sixty (60) days afterthe creation of the metropolitan school district as provided in thischapter. Nominations for a member of the board of education aremade by a petition signed by the nominee and by ten (10) registeredvoters residing in the same board member district as the nominee. Apetition must be filed not earlier than the date that a petition ofnomination may first be filed under IC 3-8-6-10 and not later thannoon on the last date provided by IC 3-8-2-4 for the filing of adeclaration of candidacy for the primary election with the clerk ofthe circuit court in each county where the metropolitan schooldistrict is located.
(b) Nominees for school board members shall be listed on theprimary election ballot in the form prescribed by IC 3-10-1-19 byboard member districts without party designation. A ballot shall statethe number of board members to be voted upon and the maximumnumber of board members who may be elected from each boardmember district in compliance with section 5 of this chapter. A ballot
is not valid if more than the maximum number of board members arevoted upon from a board member district. The election boards in thevarious precincts and in the county or counties serving at a primaryelection shall conduct the election for school board members. Aregistered voter may vote in a school board election withoutotherwise voting in the primary election.
(c) Voting and tabulation of votes shall be conducted in the samemanner as voting and tabulation in primary elections are conducted,and the candidates having the greatest number of votes shall beelected. If more than the maximum number of candidates that may beelected from a board member district, as provided in section 5 of thischapter, are among those having the greatest number of votes, thelowest of those candidates from the board member district in excessof the maximum number must be eliminated in determining thecandidates who are elected. If there is a tie vote for the candidates,the judge of the circuit court in the county where the majority of theregistered voters of the metropolitan school district reside shall selectone (1) of the candidates who shall be declared and certified elected.
(d) If after the first board member election a vacancy on the boardoccurs, including the failure of a sufficient number of petitions forcandidates being filed, and whether the vacating member was electedor appointed, the remaining members of the metropolitan board ofeducation shall by a majority vote fill the vacancy by appointing aperson from the board member district that the person who vacatedthe board membership was elected, or if the person was appointed,the board member district from which the last elected predecessor ofthe person was elected. If there is a tie vote among the remainingmembers of the board or their failure to act not more than thirty (30)days after the vacancy occurs, the judge of the circuit court in thecounty where the majority of registered voters of the metropolitanschool district reside shall make the appointment. A successor to theappointive board member shall be elected at the next primaryelection that is held more than sixty (60) days after an elected boardmember vacates membership on the board or at the primary electionheld immediately before the end of the term for which the vacatingmember was elected, whichever is sooner. Unless the successor takesoffice at the end of the term of the vacating member, the membershall serve only for the balance of the term. In an election of asuccessor board member to fill a vacancy for a two (2) year balanceof a term, nominating petitions for school board membershipcandidacy need not be filed for or with reference to the vacancy.However, as required by IC 3-11-2-14.5, candidates for at-large seatsmust be distinguished on the ballot from candidates for district seats.If there is more than one (1) at-large seat on the ballot due to thisvacancy, the elected candidate who receives the lowest number ofvotes at the election at which the successor is elected shall serve fora two (2) year term.
(e) At the first primary election in which members of themetropolitan board of education are elected under this section, asimple majority of the elected candidates, consisting of those elected
candidates who receive the highest number of votes, are elected forfour (4) year terms, and the balance of the elected candidates,consisting of those who received the lowest number of votes, areelected for two (2) year terms. A candidate for membership on themetropolitan board of education shall:
(1) be voted upon by the voters of the entire district;
(2) be elected for four (4) year terms after the first election; and
(3) take office and assume the duties of the office July 1following their election.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-9
Voting method for metropolitan or consolidated schoolcorporations
Sec. 9. (a) This section applies to a metropolitan or consolidatedschool corporation located in a county containing a consolidated city.
(b) The same method used to cast votes for other offices for whichcandidates have qualified to be on the election ballot shall be usedfor the school board offices on the election ballot.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-10
Metropolitan superintendent of schools appointment; terms ofcontracts; term of office; duties of board
Sec. 10. (a) The metropolitan board of education shall appoint ametropolitan superintendent of schools who shall serve undercontract in the same manner and under the same laws that govern theemployment and service of other licensed school personnel. Themetropolitan superintendent of schools' salary and expenseallowance is fixed by the metropolitan board of education. Themetropolitan superintendent of schools' original contract:
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitansuperintendent of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitansuperintendent of schools; and
(2) make other decisions and perform other duties as requiredby law.
(d) A:
(1) county superintendent;
(2) city school superintendent; or
(3) town superintendent;
in a metropolitan school district shall continue in the superintendents'respective employment at the same salary, paid in the same mannerand according to the same terms as agreed to before the formation ofthe metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and (2) designate:
(A) one (1) of the superintendents in the metropolitan schooldistrict; or
(B) a competent and qualified person as determined by theboard;
to perform the duties of the metropolitan superintendent of themetropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint asuperintendent of the metropolitan school district and otheradministrative supervisory officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended;or
(3) the previous superintendent:
(A) died; or
(B) resigned.
(g) The appointment and salary of the metropolitan superintendentof schools appointed under subsection (f) shall be made, set, and paidas provided in this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-11
Metropolitan school district in more than one county; specialduties
Sec. 11. If a metropolitan school district formed under this chapterincludes territory in more than one (1) county, the respectivecounties, boards, commissions, and officers of each of the countiesshall perform duties required to form a metropolitan school districtjointly and severally, including:
(1) dividing the territory into board member districts;
(2) levying and collecting taxes;
(3) allocating receipts;
(4) filing petitions for nomination;
(5) printing and distributing ballots,
(6) tabulating and certifying election results; and
(7) filling vacancies.
As added by P.L.1-2005, SEC.7.
IC 20-23-7-12
Metropolitan school districts in school townships; methods ofcreation; membership of first metropolitan board of education;duties
Sec. 12. (a) As used in this section, "county" means the county inwhich the school township is located.
(b) As used in this section, "school township" means a schooltownship in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the townshiptrustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the
township trustee and the township board under subsection(g);
had an ADM of at least six hundred (600) students inkindergarten through grade 12 in the public schools of theschool township; or
(2) is part of a township in which there were more votes cast fortownship trustee outside the school township than inside theschool township in the general election at which the trustee waselected and that preceded the adoption of the preliminary ordisapproving resolution.
(c) As used in this section, "township board" means the townshipboard of a township in which the school township is located.
(d) As used in this section, "township trustee" means the townshiptrustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may becreated by complying with this section. A metropolitan schooldistrict created under this section shall have the same boundaries asthe school township. After a district has been created under thissection, the school township that preceded the metropolitan schooldistrict is abolished. The procedures or provisions governing thecreation of a metropolitan school district under another section ofthis chapter do not apply to the creation of a district under thissection. After a metropolitan school district is created under thissection, the district shall, except as otherwise provided in thissection, be governed by and operate in accordance with this chaptergoverning the operation of a metropolitan school district asestablished under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan schooldistrict provided for in subsection (e) may be created in the followingmanner:
(1) The township trustee shall call a meeting of the townshipboard. At the meeting, the township trustee and a majority ofthe township board shall adopt a resolution that a metropolitanschool district shall be created in the school township. Thetownship trustee shall then give notice:
(A) by two (2) publications one (1) week apart in anewspaper of general circulation published in the schooltownship; or
(B) if there is no newspaper as described in clause (A), in anewspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of theresolution.
(2) On the thirtieth day after the date of the last publication ofthe notice under subdivision (1) and if a protest has not beenfiled, the township trustee and a majority of the township boardshall confirm their preliminary resolution. If, however, on orbefore the twenty-ninth day after the date of the last publicationof the notice, a number of registered voters of the schooltownship, equal to five percent (5%) or more of the number ofvotes cast in the school township for secretary of state at the last
preceding general election for that office, sign and file with thetownship trustee a petition requesting an election in the schooltownship to determine whether or not a metropolitan schooldistrict must be created in the township in accordance with thepreliminary resolution, then an election must be held asprovided in subsection (h). The preliminary resolution andconfirming resolution provided in this subsection shall both beadopted at a meeting of the township trustee and townshipboard in which the township trustee and each member of thetownship board received or waived a written notice of the date,time, place, and purpose of the meeting. The resolution and theproof of service or waiver of the notice shall be made a part ofthe records of the township board.
(g) Except as provided in subsection (f), a metropolitan schooldistrict may also be created in the following manner:
(1) A number of registered voters of the school township, equalto five percent (5%) or more of the votes cast in the schooltownship for secretary of state at the last general election forthat office, shall sign and file with the township trustee apetition requesting the creation of a metropolitan school districtunder this section.
(2) The township trustee and a majority of the township boardshall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan schooldistrict shall be created in the school township and proceedas provided in subsection (f); or
(B) adopt a resolution disapproving the creation of thedistrict.
(3) If either the township trustee or a majority of townshipboard members vote in favor of disapproving the resolution, anelection must be held to determine whether or not ametropolitan school district shall be created in the schooltownship in the same manner as is provided in subsection (f) ifan election is requested by petition.
(h) An election required under subsection (f) or (g) may, at theoption of the township trustee, be held either as a special election orin conjunction with a primary or general election to be held not morethan one hundred twenty (120) days after the filing of a petitionunder subsection (f) or the adoption of the disapproving resolutionunder subsection (g). The township trustee shall certify the questionto the county election board under IC 3-10-9-3 and give notice of anelection:
(1) by two (2) publications one (1) week apart in a newspaperof general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist,in a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice,the polls shall be opened at the usual voting places in the variousprecincts in the school township for the purpose of taking the vote ofthe registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. Theelection shall be held not less than twenty (20) days and not morethan thirty (30) days after the last publication of the notice unless aprimary or general election will be conducted not more than six (6)months after the publication. In that case, the county election boardshall place the public question on the ballot at the primary or generalelection. If the election is to be a special election, the townshiptrustee shall give notice not more than thirty (30) days after the filingof the petition or the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall beopened and the votes of the voters shall be taken regarding whethera metropolitan school district shall be created in the school township.IC 3 governs the election except as otherwise provided in thischapter. The county election board shall conduct the election. Thepublic question shall be placed on the ballot in the form prescribedby IC 3-10-9-4 and must state, "Shall a metropolitan school districtunder IC 20-23-7 be formed in the ____________ School Townshipof _____________ County, Indiana?". The name of the schooltownship shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place inthe school township determined by the county election board. Thecertificate of the votes cast for and against the creation of ametropolitan school district shall be filed in the records of thetownship board and recorded with the county recorder. If the specialelection is not conducted at a primary or general election, the schooltownship shall pay the expense of holding the election out of theschool general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of thischapter, be created on the thirtieth day after the date of the adoptionof the confirming resolution under subsection (f) or an election heldunder subsection (h). If a public official fails to do the official's dutywithin the time prescribed in this section, the failure does notinvalidate the proceedings taken under this section. An action tocontest the validity of the creation of a metropolitan school districtunder this section or to enjoin the operation of a metropolitan schooldistrict may not be instituted later than the thirtieth day following thedate of the adoption of the confirming resolution under subsection (f)or of the election held under subsection (h). Except as provided inthis section, an election under this subsection may not be held soonerthan twelve (12) months after another election held under subsection(h).
(l) A metropolitan school district is known as "The MetropolitanSchool District of ____________ Township, ____________ County,Indiana". The first metropolitan board of education in a metropolitanschool district created under this section consists of five (5)members. The township trustee and the township board members areex officio members of the first board, subject to the laws concerninglength of their respective terms of office, manner of election orappointment, and the filling of vacancies applicable to theirrespective offices. The ex officio members serve without
compensation or reimbursement for expenses, other than that whichthey may receive from their respective offices. The township boardshall, by a resolution recorded in its records, appoint the fifthmember of the metropolitan board of education. The fifth membershall meet the qualifications of a member of a metropolitan board ofeducation under this chapter, with the exception of the board memberdistrict requirements provided in sections 4, 5, and 8 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen(15) days after the date of the adoption of the confirming resolutionunder subsection (f)(2) or an election held under subsection (h). Thefirst board shall hold its first meeting not more than fifteen (15) daysafter the date when the fifth board member is appointed or elected,on a date established by the township board in the resolution inwhich it appoints the fifth board member. The first board shall serveuntil July 1 following the election of a metropolitan school board atthe first primary election held more than sixty (60) days followingthe creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under thissection, the president of the metropolitan school board of the districtshall serve as a member of the county board of education andperform the duties on the county board of education that werepreviously performed by the township trustee. The metropolitanschool board and superintendent of the district may call upon theassistance of and use the services provided by the countysuperintendent of schools. This subsection does not limit or takeaway the powers, rights, privileges, or duties of the metropolitanschool district or the board or superintendent of the district providedin this chapter.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.317;P.L.2-2006, SEC.98; P.L.1-2007, SEC.143.
IC 20-23-7-13
Specification of date of creation of school corporations or schooldistricts in petitions or resolutions
Sec. 13. In the resolution creating a county school corporation ormetropolitan school district or in the petitions requesting the creationof or requesting a referendum on the question of creating acorporation or district under section 2 or 12 of this chapter, theresolutions or petitions may specify when a school corporation orschool district shall be created and the corporation or district shallthen be created at the time provided in the resolutions or petitions.
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.23.