CHAPTER 8. GOVERNING BODY COMPOSITION CHANGE
IC 20-23-8
Chapter 8. Governing Body Composition Change
IC 20-23-8-1
"Circuit court"
Sec. 1. As used in this chapter, "circuit court" means:
(1) the circuit court of the county in which a school corporationis located; or
(2) if a school corporation is located in more than one (1)county, the circuit court of the county in which the largestnumber of registered voters of the school corporation areresidents.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-2
"Clerk"
Sec. 2. As used in this chapter, "clerk" means:
(1) the clerk of the circuit court of the county in which a schoolcorporation is located; or
(2) if a school corporation is located in more than one (1)county, the clerks in each of the counties in which the schoolcorporation is located.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-3
"County election board"
Sec. 3. As used in this chapter, "county election board" means:
(1) the county election board in the county in which a schoolcorporation is located; or
(2) if a school corporation is located in more than one (1)county, the county election boards of the counties in which theschool corporation is located, acting jointly.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-4
"Plan"
Sec. 4. As used in this chapter, "plan" means the manner in whichthe governing body of a school corporation is constituted, includingthe number, qualifications, length of terms, manner, and time ofselection, either by appointment or by election of the members of thegoverning body.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-5
"School corporation"
Sec. 5. As used in this chapter, "school corporation" means a localpublic school corporation established under the laws of Indiana. Theterm does not include a school township or a school corporationcovered by IC 20-23-12.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-6
"Voter"
Sec. 6. As used in this chapter, "voter", with respect to a petition,means a registered voter in the school corporation as determined inthis chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-7
Contents of plan
Sec. 7. (a) A plan or proposed plan must contain the followingitems:
(1) The number of members of the governing body, which shallbe:
(A) three (3);
(B) five (5); or
(C) seven (7);
members.
(2) Whether the governing board shall be elected or appointed.
(3) If appointed, when and by whom, and a general descriptionof the manner of appointment that conforms with therequirements of IC 20-23-4-28.
(4) If elected, whether the election shall be at the primary or atthe general election that county officials are nominated orelected, and a general description of the manner of election thatconforms with the requirements of IC 20-23-4-27.
(5) The limitations on:
(A) residence;
(B) term of office; and
(C) other qualifications;
required by members of the governing body.
(6) The time the plan takes effect.
A plan or proposed plan may have additional details to make theprovisions of the plan workable. The details may include provisionsrelating to the commencement or length of terms of office of themembers of the governing body taking office under the plan.
(b) Except as provided in subsection (a)(1), in a city having apopulation of more than fifty-nine thousand seven hundred (59,700)but less than sixty-five thousand (65,000), the governing bodydescribed in a plan may have up to nine (9) members.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-8
Limitations on the plan
Sec. 8. (a) A plan is subject to the following limitations:
(1) A member of the governing body may not serve for a termof more than four (4) years, but a member may succeed himselfor herself in office. This limitation does not apply to memberswho hold over during an interim period to effect a new planawaiting the selection and qualification of a member under thenew plan. (2) The plan, if the members are:
(A) to be elected, shall conform with one (1) of the types ofboard organization permitted by IC 20-23-4-27; or
(B) appointed, shall conform with one (1) of the typespermitted by IC 20-23-4-28.
(3) The terms of the members of the governing body, eitherelected to or taking office on or before the time the plan takeseffect, may not be shortened. The terms of the members takingoffice under the plan may be shortened to make the planworkable on a permanent basis.
(4) If the plan provides for electoral districts, where a memberof the governing body is elected solely by the voters of a singledistrict, the districts must be as near as practicable equal inpopulation. The districts shall be reapportioned and theirboundaries changed, if necessary, by resolution of thegoverning body before the election next following the effectivedate of the subsequent decennial census to preserve the equalityby resolution of the governing body.
(5) The plan shall comply with the:
(A) Constitution of the State of Indiana; and
(B) Constitution of the United States;
including the equal protection clauses of both constitutions.
(6) The provisions of IC 20-23-4-26 through IC 20-23-4-33relating to the board of trustees of a community schoolcorporation and to the community school corporation, includingprovisions relating to powers of the board and corporation andprovisions relating to the mechanics of selection of the board,where elected and where appointed, apply to a governing bodyset up by a plan under this chapter and to the schoolcorporation.
(b) The limitations set forth in this section do not have to bespecifically set forth in a plan but are a part of the plan. A plan shallbe construed, if possible, to comply with this chapter. If a provisionof the plan or an application of the plan violates this chapter, theinvalidity does not affect the other provisions or applications of theplan that can be given effect without the invalid provision orapplication. The provisions of a plan are severable.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.99.
IC 20-23-8-9
Authorization to change plan
Sec. 9. The plan of school board organization of a governing bodymay be changed in accordance with the procedures set out in thischapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-10
Initiation of plan change
Sec. 10. (a) A change in a plan may be initiated by one (1) of thefollowing procedures: (1) By filing a petition signed by at least twenty percent (20%)of the voters of the school corporation with the clerk of thecircuit court.
(2) By a resolution adopted by the governing body of the schoolcorporation.
(3) By ordinance adopted by a city legislative body undersection 13 of this chapter.
(b) A petition, resolution, or ordinance must set forth a descriptionof the plan that conforms with section 7 of this chapter.
(c) Except as provided in subsection (a)(1), in a city having apopulation of more than fifty-nine thousand seven hundred (59,700)but less than sixty-five thousand (65,000), a change in a plan may beinitiated by filing a petition signed by ten percent (10%) or more ofthe voters of the school corporation with the clerk of the circuitcourt.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-11
Filing and certification of petitions
Sec. 11. (a) A voter is entitled to file a petition under this chapterwith the clerk of the circuit court to:
(1) initiate a plan;
(2) protest a plan; or
(3) initiate an alternative plan.
(b) If a voter files a petition under subsection (a), the filing andcertification of the petition is governed by the following provisions:
(1) The petition must show:
(A) the date that a person has signed the petition; and,
(B) in order to identify the person as a registered voter of theschool corporation, the person's residence on that date.
(2) The petition may be executed in several counterparts, thetotal of which constitutes a petition. A counterpart must:
(A) contain the names of voters residing within a singlecounty;
(B) be filed with the clerk of the circuit court of that county;
(C) have attached to it the affidavit of the person circulatingthe counterpart stating that each signature:
(i) appearing on the counterpart was affixed in the person'spresence; and
(ii) is the true and lawful signature of the person whomade the signature.
(3) A person who signs a petition or a counterpart may file thepetition or a counterpart.
(4) All counterparts constituting a petition shall be filed on thesame day.
(5) A person who signs a petition filed under subsection (a) maywithdraw the person's name from the petition before the petitionis filed with the clerk. Names may not be added to a petitionafter the petition has been filed with the clerk.
(6) After the receipt of a petition, the clerk shall: (A) strike all signatures appearing on the petition more thanonce; and
(B) make a certification under the clerk's hand and seal ofthe office as to the following:
(i) The number of signatures on the petition that are notduplicates representing persons who are registered votersresiding within that part of the school corporation locatedwithin the county, as disclosed by the voter registrationrecords in the office of the clerk or the board ofregistration of the county, or wherever the registrationrecords are kept.
(ii) The total number of registered voters residing withinthe boundaries of that part of the school corporationlocated within the county, as disclosed in the recordsdescribed in item (i).
(iii) The date of the filing of the petition with the clerk.
(7) The clerk shall:
(A) certify a petition not more than thirty (30) days after thefiling of the petition, excluding time when the registrationrecords are unavailable to the clerk, or within additional timeas is reasonably necessary not to exceed an additional thirty(30) days, to permit the clerk to make a certification;
(B) establish a record of the certification at the clerk's office;and
(C) file:
(i) the original petition; and
(ii) a copy of the clerk's certification;
with the governing body.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-12
Action by the governing body on a petition
Sec. 12. The governing body shall, by resolution adopted not morethan thirty (30) days after a petition is filed with it, either approve ordisapprove a plan. The failure to take action within the thirty (30)day period constitutes disapproval of the plan.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-13
School corporations in certain cities; increase in membership ofgoverning body
Sec. 13. (a) This section applies to a school corporation locatedin a city having a population of more than ninety thousand (90,000)but less than one hundred five thousand (105,000).
(b) The city legislative body may adopt an ordinance to increasethe membership of the governing body of a school corporation toseven (7) members.
(c) The ordinance must provide the following:
(1) The additional members of the governing body are to beappointed by the city executive. (2) If the plan is subsequently changed to provide for theelection of governing body members:
(A) the membership of the governing body may not be lessthan seven (7); and
(B) the members of the governing body are to be elected.
(3) The initial terms of the members appointed under thissection.
(4) The effective date of the ordinance.
(d) An ordinance adopted under this section:
(1) supersedes a part of the plan that conflicts with theordinance;
(2) must be filed with the state superintendent under section 22of this chapter; and
(3) may only be amended or repealed by the city legislativebody.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-14
Notice of plan and further petitions
Sec. 14. (a) Not more than ten (10) days after a governing bodyhas:
(1) initiated;
(2) approved; or
(3) disapproved;
a plan initiated by the petition filed with it, the governing body shallpublish a notice one (1) time in a newspaper of general circulation inthe county of the school corporation. If a newspaper of generalcirculation is not published in the county of the school corporation,the governing body shall publish a notice one (1) time in a newspaperof general circulation published in a county adjoining the county ofthe school corporation.
(b) The notice must set out the text of a plan initiated by thegoverning body or another plan filed with the governing body beforethe preparation of the notice. The notice must also state the right ofa voter, as provided in this section, to file a petition for alternativeplans or a petition protesting the adoption of a plan or plans to whichthe notice relates.
(c) If the governing body fails to publish a notice required by thissection, the governing body shall, not more than five (5) days afterthe expiration of the ten (10) day period for publication of noticeunder this section, submit the petition that has been filed with theclerk to the state board, whether or not the plan contained in thepetition or the petition meets the requirements of this chapter.
(d) Not later than one hundred twenty (120) days after thepublication of the notice, voters of the school corporation may filewith the clerk a petition protesting a plan initiated or approved by thegoverning body or a petition submitting an alternative plan asfollows:
(1) A petition protesting a plan shall be signed by at leasttwenty percent (20%) of the voters of the school corporation or
five hundred (500) voters of the school corporation, whicheveris less.
(2) A petition submitting an alternative plan shall be signed byat least twenty percent (20%) of the voters of the schoolcorporation.
A petition filed under this subsection shall be certified by the clerkand shall be filed with the governing body in the same manner as isprovided for a petition in section 11 of this chapter.
(e) The governing body or the voters may not initiate or fileadditional plans until the plans that were published in the notice orsubmitted as alternative plans not later than one hundred twenty(120) days after the publication of the notice have been disposed ofby:
(1) adoption;
(2) defeat at a special election held under section 16 of thischapter; or
(3) combination with another plan by the state board undersection 15 of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-15
Submission of plans to state board of education; publication ofnotice of plan
Sec. 15. (a) Not more than thirty (30) days after the expiration ofthe one hundred twenty (120) day period for filing a petition, plansthat have been published in accordance with section 14 of thischapter, whether the plans were initiated by the governing body or inconnection with a petition, shall be submitted to the state board.
(b) The state board shall:
(1) review a plan;
(2) revise a plan, if possible, to:
(A) cure ambiguities; and
(B) ensure that the plan complies with the limitations set outin section 8 of this chapter;
(3) if a plan provides for electoral districts, verify that thedistricts are, as near as practicable, equal in populationaccording to the decennial census immediately preceding thefirst petition or resolution initiating the plan; and
(4) certify a plan, with revisions, to the governing body and tothe clerk.
The state board may combine plans if the state board determines thatthe plans are substantially similar. In making its determinations, thecommission may, but is not obligated to, hold hearings and shallmake an investigation as it considers necessary. If the state boardholds a hearing, the state board may hear the evidence throughhearing examiners, who do not have to be members of the stateboard. The state board shall send a certified record of itsdeterminations to the governing body, the clerk, and the countyelection board.
(c) Not more than sixty (60) days after receiving a plan submitted
by a governing body under section 14 of this chapter, the state boardshall publish notice of the plan in accordance with section 14 of thischapter, unless the state board determines that the plan or the petitiondoes not meet the requirements of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-16
Special election
Sec. 16. (a) If:
(1) the governing body has disapproved a plan submitted;
(2) an alternative plan has been filed; or
(3) a petition of protest has been filed;
the county election board shall hold a special election at a date to bedetermined by the county election board not more than ninety (90)days after the receipt of the determination of the state board on a planin the form certified by the state board.
(b) If a special election under subsection (a) can be held not morethan six (6) months after the receipt of the determination from thestate board in conjunction with a primary or general election atwhich:
(1) county officials are to be elected or nominated; or
(2) city or town officials are to be elected in those areas of theschool corporations that are within the city or town;
the county election board may delay the special election until thedate of the regular election.
(c) If a school corporation is located in more than one (1) county,the county election board of the county containing the greatestpercentage of population of the school corporation shall determinethe date of an election held under this section.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-17
Form of election notice and ballot
Sec. 17. (a) The clerk shall create the form of notice of theelection and the ballot not more than thirty (30) days after receivingthe certification from the state board as required by section 15 of thischapter. The notice must:
(1) state the date when the election shall take place; and
(2) describe generally the plans to be voted upon.
(b) The text of the public question on the ballot must include adescription of the plan proposed, including:
(1) the number of members on the board;
(2) the number of electoral or resident member districts, if any;
(3) the number of at-large districts, if any;
(4) a general description of the geographical boundaries of thedistricts, referring to civil boundaries where applicable ormerely general descriptions, such as the north half or north partof a civil geographical district or the territory north of ageographical boundary; and
(5) other information sufficient to distinguish a plan from other
plans.
If the text of the public question includes a description of the planregarding how the current board is organized, as required bysubsection (d), the plan must be identified as the existing plan.
(c) If only one (1) plan is proposed, the ballot shall be prepared sothat voters who wish to vote on the plan must cast either anaffirmative vote or a negative vote.
(d) If more than one (1) plan is proposed, the plan organizing thegoverning body must appear on the ballot as an option. The text ofthe public question must include a description of the existing planthat meets the criteria specified in subsection (b). The ballot must beprepared so that voters who wish to vote on the plans may vote foronly one (1) plan.
(e) The text of the public question must be placed on the ballot inthe form prescribed by IC 3-10-9-4.
(f) Subject to IC 3-12-1, the notice or ballot is not invalid if therehas been a good faith effort to comply with this section.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-18
Conduct of election
Sec. 18. (a) The county election board shall give notice of anelection under section 16 of this chapter after receiving the form ofnotice and ballot from the clerk. The county election board shallpublish notice one (1) time in two (2) newspapers of generalcirculation in the school corporation, or if only one (1) newspaper isof general circulation, then in that newspaper. The publication maynot be made less than ten (10) days nor more than forty-five (45)days before the election. Any other notice of the election orrequirement for the time of printing ballots, whether prescribed byIC 3 or otherwise, is not required to be given or observed. A personmay not vote at the special election unless the person is thenqualified as a registered voter.
(b) IC 3 applies to the conduct of an election under this chapter,except if the provisions of this chapter are in conflict with provisionsof IC 3 or if IC 3 cannot be practicably applied.
(c) If the special election is not conducted at a primary or generalelection, the school corporation shall pay the cost of conducting theelection from the school corporation's general fund not otherwiseappropriated without appropriation.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-19
When plan adopted
Sec. 19. (a) A plan shall be adopted in the followingcircumstances:
(1) At the expiration of one hundred twenty (120) days after thepublication of notice by the governing body if:
(A) the governing body has initiated or approved the plan;
(B) a petition has not been filed either protesting the plan or
setting forth an alternative plan; and
(C) the state board has reviewed and certified the plan.
(2) If only one (1) plan is on the ballot and it receives moreaffirmative than negative votes, the plan is adopted at theexpiration of thirty (30) days following the special election.
(3) If more than one (1) plan is on the ballot, the plan receivingthe most votes is adopted at the expiration of thirty (30) daysafter the special election.
(b) The plan is effective:
(1) at the time provided in the plan; or
(2) if a time is not provided or if the time provided isinapplicable due to the lapse of time of the proceedings underthis chapter, either on the January 1 or July 1 following the timeof adoption of the plan.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-20
Limitation on actions
Sec. 20. An action to:
(1) contest the validity of the adoption of a plan to declare thatthe plan has not been validly adopted; or
(2) enjoin the operation of a plan;
may not be instituted with respect to the adoption of the plan undersection 19(a)(1) of this chapter at any time later than the one hundredtwenty (120) days following the publication of the notice required bysection 14 of this chapter or under section 19(a)(2) or 19(a)(3) of thischapter at any time later than the thirtieth day following the electionat which the plan is adopted.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-21
Limitation on elections and adoption of plan
Sec. 21. An election may not be held under this chapter more thanonce each eighteen (18) months. A plan for a governing body maynot be adopted more than once each six (6) years, except if:
(1) the plan only changes the time of voting for board membersfrom the primary to the general election or from the general tothe primary election;
(2) a plan adopted is declared or held to be invalid by a bindingjudgment or order in a United States or an Indiana court that noappeal or further approval can be taken; or
(3) the plan provides solely for changes in items specified insection 7(a)(5) of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-22
Plans to be filed with state superintendent
Sec. 22. (a) A school corporation shall file with the statesuperintendent:
(1) a transcript showing the acts and resolutions related to the
school corporation's formation; and
(2) a description, if not otherwise contained in the transcriptunder subdivision (1), of the structure and manner of selectionof its governing body.
(b) The transcript or description under subsection (a) shall be filednot more than sixty (60) days after the school corporation's creationor the school corporation's adoption of a new plan.
(c) A school corporation shall file with the state superintendent,before August 1 of each year, a list of names and addresses of:
(1) members of its governing body; and
(2) the school corporation's officers along with the expiration ofthe officer's respective terms.
(d) A school corporation shall file any change to a list undersubsection (c) not later than thirty (30) days after the change occurs.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-23
Failure of public officials to perform duties; actions; attorney'sfees; cost and fees of employees
Sec. 23. (a) The failure of a public official or body to perform theduties specified in this chapter within the time limits prescribed doesnot invalidate any proceedings taken by the official or board.
(b) If a public official or body refuses to perform duties within thetime limits provided in this chapter, the official or body may bemandated to perform the duties in an action filed in the circuit orsuperior court by a voter or by the governing body.
(c) The court shall award reasonable attorney's fees to a voter whobrings an action under this section against a governing body or publicofficial and prevails. The governing body or employer of a publicofficial shall pay costs and fees incurred by or on behalf of anemployee in defense of a claim or suit for a loss occurring becauseof acts or omissions within the scope of the employee's employment,regardless of whether the employee can or cannot be held personallyliable for the loss.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-24
Court orders on plans
Sec. 24. If a United States or an Indiana court enters a bindingtemporary or permanent order directing or approving a change in themanner of selecting the governing body, any governing body selectedunder the order is the legal governing body of the school corporation,until its manner of selection is changed under this or any otherapplicable Indiana statute.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-25
Special elections; supervision by county election board; expenses
Sec. 25. (a) In implementing a plan adopted under this chapter,requiring the holding of a special election, the county election board,
or county election boards in the case of a multicounty schoolcorporation, shall hold, manage, and supervise a special election.
(b) The county election board shall pay the costs of a specialelection.
(c) A school corporation shall reimburse the county election boardfrom the school corporation's general fund money not otherwiseappropriated, without appropriation, if a special election occursunder this chapter.
As added by P.L.1-2005, SEC.7.