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, a
uniform, and an efficient system of public schools is the
traditional and current policy of the state;
(2) that improvement in the organization of school corporations
of the state will:
(A) provide a more equalized educational opportunity for
public school students;
(B) achieve greater equity in school tax rates among the
existing school corporations; and
(C) provide a more effective use of the public funds
expended for the support of the public school system;
(3) that existing statutes with respect to the combination and the
reorganization of school corporations are inadequate to
effectuate the needed improvement;
(4) that modifications in the provisions for the combination and
the reorganization of school corporations in this chapter are
necessary in order to assure the future maintenance of a uniform
and an efficient system of public schools in the state;
(5) that local electors:
(A) have an interest in the boundaries of the school
corporation in which they reside; and
(B) will exercise their privileges, as provided in this chapter,
to establish an efficient and economical reorganization plan
best 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 this
chapter 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 of
school corporations provided for in sections 11 through 17 of this
chapter. 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 the
county 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 school
corporations" means the formation of new school corporations, the
alteration of the boundaries of established school corporations, and
the dissolution of established school corporations by:
(1) the uniting of two (2) or more established school
corporations;
(2) the subdivision of one (1) or more school corporations;
(3) the transfer to a school corporation of a part of the territory
of one (1) or more school corporations;
(4) the attachment to a school corporation of all or part of the
territory 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 bonds
of a civil unit of government, the proceeds of which are used for
school 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" means
a school corporation that has territory in two (2) or more adjacent
counties. 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 is
essential to the performance by the county committees and the state
board of duties set forth in this chapter and IC 20-23-16-1 through
IC 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 school
corporations consists of nine (9) members. In a county that has a
county superintendent:
(1) the superintendent is an ex officio member of the
committee; and
(2) the remaining members of the committee are appointed by
the judge of the circuit court of the county.
In a county that does not have a county superintendent, all the
members of the committee are appointed by the judge of the circuit
court of the county. Appointments under this subsection are subject
to subsections (f) through (h).
(b) Before the time specified in this section, the judge of the
circuit court shall call into a county convention each of the township
trustees of the county and the members of each local board of school
trustees or board of school commissioners in the county to advise the
judge 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 the
affected area; or
(2) if a newspaper is not published in the affected area, in a
newspaper 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 in
subsection (b) in two (2) newspapers of general circulation published
in the affected area or having a general circulation in the affected
area. 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 the
county.
(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 county
convention, the judge of the circuit court shall select the appointive
members 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 trustee
recommended by the county board of education.
(g) In a county in which there is a board of school trustees or a
board of school commissioners, one (1) member of the county
committee:
(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 in
subsections (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 notice
immediately to each person selected for appointment to the county
committee. Each person selected shall notify the judge of the circuit
court 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's
acceptance or refusal of an appointment;
the judge shall select a qualified replacement for appointment to the
county committee.
(k) Not later than thirty (30) days after the date of the county
convention, the county committee shall meet to organize and to elect
from its membership:
(1) a chairperson;
(2) a treasurer; and
(3) a secretary.
The secretary may be the county superintendent or the superintendent
of one (1) of the school corporations in the county.
(l) The chairperson and the members of the county committee
serve 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 incurred
by the chairperson with respect to duties in connection with the
county committee.
(m) Members of the county committee hold office for terms of
four (4) years until the reorganization program in the county is
completed, subject to replacement as prescribed in this chapter. An
appointed member who ceases to be a resident of the county may not
continue to serve on a county committee.
(n) An individual appointed member of a county committee or the
appointed members as a group are not disqualified from serving on
a county committee because they fail at any time to meet the
qualifications for appointment by the judge of the circuit court, other
than county residence, if they met the qualifications at the time of
their appointments.
(o) Vacancies shall be filled by the remaining members of the
committee without regard for the qualifications for appointment by
the 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 the
members 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 and
with respect to each of the community school corporations that are
a part of the reorganization plan, the county committee shall
determine the following:
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the
boundaries 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 are
nominated; or
(ii) the general election at which county officials are
elected; and
(E) subject to sections 21 and 22 of this chapter, the manner
in which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and
interim board of school trustees, which may not exceed the
amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the
members of the board of school trustees, including limitations
on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the
reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the
reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and
assumed by the new community school corporation of which they are
a part, regardless of whether the plan provides for transfer and
assumption.
(c) The preliminary plan must be supported by a summary
statement of:
(1) the educational improvements the plan's adoption will make
possible;
(2) data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through
12;
(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 would
have applied for each proposed community school corporation
if the corporation existed in the year the preliminary plan is
prepared or notice of a hearing or hearings on the preliminary
plan is given by the county committee; and
(4) any other data or information the county committee
considers appropriate or that may be required by the state board
in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to
in subsection (c)(2) through (c)(3) on the valuations applying to
taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the
preliminary plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the
figures under the rules under which they are submitted to the
state 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 for
that year; or
(B) the immediately preceding school year if the figures are
not available for the school year in progress.
The county committee may obtain the data and information referred
to in this subsection from any source the committee considers
reliable. If the county committee attempts in good faith to comply
with this subsection, the summary statement referred to in subsection
(c) is sufficient regardless of whether the statement is exactly
accurate.
(e) The general description referred to in subsection (a)(2) may
consist of an identification of an existing school corporation that is
to be included in its entirety in the community school corporation. If
a boundary does not follow the boundary of an existing civil unit of
government or school corporation, the description must set out the
boundary:
(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 not
possible, by section lines or other legal description.
The description is not defective if there is a good faith effort by the
county committee to comply with this subsection or if the boundary
may be ascertained with reasonable certainty by a person skilled in
the area of real estate description. The county committee may require
the services of the county surveyor in preparing a description of a
boundary line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than
four (4) years; and
(2) may serve more than one (1) consecutive appointive or
elective 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 its
preliminary written plans for reorganization of school corporations,
the committee shall fix dates and places for one (1) or more hearings
on the plans and give notice of the hearings to the residents of the
school corporations affected and all interested parties. The county
committee may hold more than one (1) hearing. The chairperson of
the county committee shall give the notice:
(1) by publication at least one (1) time in one (1) newspaper of
general circulation published in the school corporation or
corporations; or
(2) if a newspaper is not published in the school corporation or
corporations, in a newspaper having a general circulation in the
school corporation or corporations;
at least ten (10) days but not more than thirty (30) days before the
date of the hearing.
(b) At the hearing:
(1) the county committee shall:
(A) explain the proposed reorganization plan;
(B) summarize the educational improvements adoption of
the plan will make possible; and
(C) if the proposed reorganization includes division of an
existing school corporation, state the adjustment proposed
for:
(i) property;
(ii) assets;
(iii) debts; and
(iv) other liabilities; and
(2) any resident of the county or of any affected school
corporation in an adjoining county may be heard with reference
to:
(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 of
plan to state board
Sec. 14. (a) The county committee shall consider any suggestions
made in the public hearing and shall make any revisions or
modifications in its written plans as it considers necessary and shall
thereupon without any further hearing adopt its final comprehensive
reorganization 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 a
county committee encounters any difficulties in formulating and
adopting either its preliminary or comprehensive plan for the
reorganization of school corporations, through no lack of diligence
upon the part of the committee so that it is unable to submit its plans
to the state board within the period specified, the county committee
may apply to the state board for an extension of time in which to
complete and adopt its preliminary or comprehensive plan. The
application may be made during or after the original or any extended
period 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 to
completion of comprehensive plan
Sec. 15. The county committee may submit to the state board for
approval, in accordance with section 18 of this chapter, a plan for the
reorganization of one (1) or more school corporations without
awaiting the completion of a comprehensive plan. The plan becomes
an integral part of the comprehensive plan the county committee is
required 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 of
reorganization is sufficient if the plan contains in its own terms or by
reference the following for each proposed community school
corporation:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries of the community
school corporation as provided in section 12 of this chapter.
(3) The number of members of the board of school trustees and
whether the members are elected or appointed.
(4) The manner in which the board of school trustees, other than
the interim board, is elected or appointed.
(5) If a school corporation is divided as part of the
reorganization, the disposition of assets and liabilities of the
school corporation.
(6) The statement required by section 12 of this chapter if that
statement 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 more
advisory 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 an
advisory 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), in
carrying 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 a
school corporation submitted to the state board by a county
committee and approve each plan that meets the standards of
the state board;
(3) adopt a set of minimum standards, in furtherance of the
policy expressed in section 1 of this chapter, which all proposed
community school corporations must meet, insofar as feasible;
(4) not later than ninety (90) days after receipt of a
reorganization plan, hold a public hearing in the county to
which the plan mainly applies to allow residents of the affected
territory 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 meet
minimum standards in revising the plan and permit the
committee to resubmit the plan not later than ninety (90) days
after 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 through
IC 20-23-16-11.
(b) The minimum standards for community school corporations
proposed under this chapter or IC 20-23-16-1 through IC 20-23-16-11
must 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 all
students in grades 1 through 12.
(c) Before the adoption of a preliminary written plan, the county
committee and the state board may meet to consider problems
encountered by the county committee in formulating a plan.
Following the meeting, the state board may waive in writing any
specified minimum standard for a designated geographic area on the
ground that meeting the standard is not feasible.
(d) The state board is not required to hold a public hearing on a
plan that does not meet the minimum standards required by the state
board unless the state board waives the attainment of a minimum
standard. As added by P.L.1-2005, SEC.7.
IC 20-23-4-19 Creation of community school corporation in certain existing
school corporations; motion of state board; hearings; definitions
Sec. 19. (a) If the creation of a community school corporation out
of an existing corporation:
(1) would not involve a change in its territorial boundaries or in
its board of school trustees or other governing body, other than
a change in the time of election or appointment or the time the
board members take office; and
(2) is consistent with the standards set up under this chapter and
the standards set out in this section;
the state board may on its own motion or on petition of the governing
body of the existing school corporation at any time with hearing in
the county where the school corporation is located, after notice by
publication at least once in one (1) newspaper of general circulation
published in the county where the school corporation is located, at
least ten (10) but not more than thirty (30) days before the date of a
hearing, and without action of the county committee declare the
existing school corporation to be a community school corporation by
adopting a resolution to this effect. The existing school corporation
qualifies as to size and financial resources if it has an ADA of at
least two hundred seventy (270) students in grades 9 through 12 or
at least one thousand (1,000) students in grades 1 through 12, and has
an assessed valuation per student of at least five thousand dollars
($5,000).
(b) For purposes of this section, the following terms have the
following meanings:
(1) "County tax" means a property tax:
(A) that is levied at an equal rate in the entire county in
which any school corporation is located, other than a tax
qualifying as a countywide tax within the meaning of Acts
1959, c.328, s.2, or any similar statute; and
(B) for which the net proceeds of which are distributed to
school corporations in the county.
(2) "Assessed valuation" of any school corporation means the
net assessed value of its real and personal property as of March
1, 1964, adjusted in the same manner as the assessed valuation
is adjusted for each county by the department of local
government finance under Acts 1949, c.247, s.5, as amended,
unless that statute has been repealed or no longer provides for
an adjustment. If a county has a county tax, the assessed
valuation of each school corporation in the county shall be
increased by the amount of assessed valuation, if any, that
would be required to raise an amount of money, equal to the
excess of the amount distributed to any school corporation from
the county tax over the amount collected from the county tax in
the school corporation, using total taxes levied by the school
corporation 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 school
corporation.
The increased valuation shall be based on the excess distributed
to the school corporation from the county tax levied for the year
1964 and the total taxes levied for the year, or if the county tax
is first applied or is raised for years after 1964, then the excess
distributions and total taxes levied for the year in which the tax
is first applied or raised. If the excess distribution and total
taxes levied cannot be determined accurately on or before the
adoption of the resolution provided in this section, excess
distribution and taxes levied shall be estimated by the
department of local government finance using the last preceding
assessed valuations and tax rates or such other information as
that department determines, certifying the increased assessment
to the state board before such time. In all cases, the excess
distribution shall be determined upon the assumption that the
county tax is one hundred percent (100%) collected and all
collections are distributed.
(3) "Assessed valuation per student" of any school corporation
means the assessed valuation of any school corporation divided
by its ADA in grades 1 through 12.
(4) "ADA" in any school corporation means the average daily
attendance of students who are residents in the school
corporation and in the particular grades to which the term refers
for the school year 1964-1965 in accordance with the applicable
regulations of the state superintendent, used in determining
average daily attendance in the distribution of the tuition funds
by the state to its various school corporations where funds are
distributed on such basis and irrespective of whether the figures
are the actual resident daily attendance of the school for the
school year.
(c) The community school corporation automatically comes into
being 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 committee
having jurisdiction of the existing school corporation was
appointed; and
(2) the county committee.
The resolution may change the time of election or appointment of the
board of trustees of the school corporation or the time the trustees
take office. The recorder shall without cost record the certified
resolution in the miscellaneous records of the county. The recording
constitutes a permanent record of the action of the state board and
may be relied on by any person. Unless the resolution provides that
an interim member of the board of trustees shall not be appointed, the
board of trustees in office on the date of the action continues to
constitute the board of trustees of the school corporation until their
successors are qualified, and the terms of their respective office and
board membership remain unchanged except to the extent the
resolution otherwise provides. For purposes of this chapter and
IC 20-23-16-1 through IC 20-23-16-11, a community school
corporation shall be regarded as a school corporation created under
section 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 of
community school corporation by petition or elections; contents of
petition and petitioning procedure
Sec. 20. (a) After the state board approves a comprehensive plan
or partial plan for reorganization of school corporations as submitted
to the state board by a county committee, the state board shall
promptly, by certified mail with return receipt requested, give written
notice of the approval to:
(1) the chairperson of the county committee submitting the
plan; and
(2) the judge of the circuit court of the county from which the
county committee was appointed.
(b) After notice is given under subsection (a), a community school
corporation proposed by a plan referred to in subsection (a) may be
created:
(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 the
county committee and before or after the election described in
section 21 of this chapter, a community school corporation proposed
by 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 the
registered voters residing in the community school corporation,
determined in the manner set out in this section, and filed by any
signer or by the county committee with the clerk or clerks of the
circuit court or courts of the county or counties where the voters
reside. The petition must state that the signers request the
establishment of a community school corporation and must contain
the following information:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries as set out in the
plan.
(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 school
trustees;
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 school
trustees.
(6) The disposition, if any, of assets and liabilities of each
existing school corporation that:
(A) is included in the proposed community school
corporation; 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 of
which constitutes the petition described in this section. An affidavit
of the person circulating a counterpart must be attached to the
counterpart. The affidavit must state that each signature appearing on
the counterpart was affixed in the person's presence and is the true
and lawful signature of the signer. Each signer on the petition may
withdraw the signer's signature from the petition before the petition
is filed with the clerk of the circuit court. Names may not be added
to the petition after the petition is filed with the clerk of the circuit
court.
(e) After receipt of the petition referred to in subsection (c), the
clerk of the circuit court shall make a certification under the clerk's
hand 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 registered
voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's
county;
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's
county;
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 a
voting precinct, the clerk of the circuit court shall ascertain from any
means, including assistance from the county committee, the number
of registered voters residing in the part of the voting precinct.
(f) The clerk of the circuit court shall make the certification
referred to in subsection (e):
(1) not later than thirty (30) days after the filing of the petition
under subsection (c), excluding from the calculation of that
period the time during which the registration records are
unavailable to the clerk; or
(2) within any additional time as is reasonably necessary to
permit the clerk to make the certification.
In certifying the number of registered voters, the clerk shall disregard
any signature on the petition not made in the ninety (90) days that
immediately precede the filing of the petition with the clerk as shown
by the dates set out in the petition. The clerk shall establish a record
of the certification in the clerk's office and shall return the
certification to the county committee.
(g) If the certification or combined certifications received from
the clerk or clerks disclose that the petition was signed by at least
fifty-five percent (55%) of the registered voters residing in the
community school corporation, the county committee shall publish
a notice in two (2) newspapers of general circulation in the
community school corporation. The notice must:
(1) state that the steps necessary for the creation and
establishment of the community school corporation have been
completed; and
(2) set forth:
(A) the number of registered voters residing in the
community school corporation who signed the petition; and
(B) the number of registered voters residing in the
community school corporation.
(h) A community school corporation created by a petition under
this 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 in
subsection (g).
(i) If a public official fails to perform a duty required of the
official under this chapter within the time prescribed in this section
and sections 21 through 24 of this chapter, the omission does not
invalidate the proceedings taken under this chapter.
(j) An action:
(1) to contest the validity of the formation or creation of a
community 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
publication 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 not
receive the certification or combined certifications under section
20(f) of this chapter not later than ninety (90) days after the receipt
by the county committee of the plan referred to in section 20(a) of
this chapter, the judge of the circuit court of the county from which
the 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 election
in which the registered voters residing in the proposed
community school corporation may vote to determine whether
the 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 with
IC 3-10-9-3 is to be held not later than six (6) months after the
receipt by the chairperson of the county committee of the plan
referred to in section 20(a) of this chapter, regardless of whether the
ninety (90) day period referred to in subsection (a) has expired, the
judge shall order the county election board to conduct the special
election to be held in conjunction with the primary or general
election.
(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 shall
be 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 in
subsection (a).
(d) The county election board shall give notice under IC 5-3-1 of
the special election referred to in subsection (a).
(e) The notice referred to in subsection (d) of a special election
must:
(1) clearly state that the election is called to afford the
registered voters an opportunity to approve or reject a proposal
for the formation of a community school corporation;
(2) contain:
(A) a general description of the boundaries of the
community 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 the
creation of the community school corporation;
(C) the name of the community school corporation;
(D) the number of members comprising the board of school
trustees; and
(E) the method of selecting the board of school trustees of
the community school corporation; and
(3) designate the date, time, and voting place or places at which
the election will be held.
(f) A special election referred to in subsection (a) is under the
direction of the county election board in the county. The election
board shall take all steps necessary to carry out the special election.
If the special election is not conducted at a primary or general
election, the cost of conducting the election is:
(1) charged to each component school corporation embraced in
the community school corporation in the same proportion as the
component school corporation's assessed valuation is to the
total assessed valuation of the community school corporation;
and
(2) paid:
(A) from any current operating fund not otherwise
appropriated of; and
(B) without appropriation by;
each component school corporation.
If a component school corporation is to be divided and its territory
assigned to two (2) or more community corporations, the component
school corporation's cost of the special election is in proportion to
the corporation's assessed valuation included in the community
school corporation.
(g) The county election board shall place the public question on
the ballot in the form prescribed by IC 3-10-9-4. The public question
must state "Shall the (here insert name) community school
corporation be formed as provided in the Reorganization Plan of the
County Committee for the Reorganization of School Corporations?".
Except as otherwise provided in this chapter, the election is governed
by IC 3.
(h) If a majority of the votes cast at a special election referred to
in subsection (a) on the public question are in favor of the formation
of the corporation, a community school corporation is created and
takes 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 in
subsection (d).
(i) If a public official fails to perform a duty required of the
official under this section within the time prescribed in this section,
the omission does not invalidate the proceedings taken under this
section.
(j) An action:
(1) to contest the validity of the formation or creation of a
community 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 the
special 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 board
of trustees; automatic effective date
Sec. 22. (a) This section applies to a proposed school corporation
reorganization plan approved by the state board that involves no
change 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 election
of board members or the time the board members take office.
(b) A plan referred to in subsection (a) automatically comes into
being 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 into
being under subsection (b) continue to constitute the governing
body of the school corporation until their successors are
qualified; and
(3) the:
(A) terms of offices; and
(B) board memberships;
of the board members remain unchanged except to the extent
the plan provides otherwise. As added by P.L.1-2005, SEC.7.
IC 20-23-4-23 Rejection of community school corporations and elections; options
of county committee
Sec. 23. (a) If a proposal for the formation of a community school
corporation is rejected by the voters at the special election provided
for in this chapter, the county committee shall:
(1) subject to subsection (b), devise a new plan of
reorganization considered more acceptable to the electors of the
territory affected; or
(2) subject to subsection (c), direct the county election board or
boards to resubmit the same plan rejected by the voters.
(b) The county committee shall submit a new plan devised under
subsection (a)(1) to the state board for the state board's approval not
later than six (6) months after the date of the special election at
which the proposal was rejected, subject to the same conditions and
requirements concerning extensions of time and other matters
provided in this chapter. If the new plan is approved by the state
board, the procedures of this chapter for the creation of a community
school corporation must be followed.
(c) The county committee may direct the county election board or
boards to resubmit the plan referred to in subsection (a)(2) at a
special election to be held not later than six (6) months after the
special election at which the proposal was rejected. If a primary or
general 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 or
general election. The judge of the circuit court shall give notice by
publication of the special election on request of the county
committee. The special election is held in the same manner required
for the holding of a special election under section 21 of this chapter.
Officials concerned shall take all actions necessary to conduct the
special 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 public
official fails to perform a duty required under this chapter or
IC 20-23-16-1 through IC 20-23-16-11 within the time prescribed in
this chapter or IC 20-23-16-1 through IC 20-23-16-11, the omission
does not invalidate any proceedings taken by the official.
(b) This section:
(1) does not apply to the time within which a county committee
must accept jurisdiction of all or part of a school corporation
from another county committee following a petition under
IC 20-23-16-1; and
(2) may not be construed to extend the time within which
petitions may be filed by registered voters under this chapter or
IC 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 county
committee after the hearing provided for under section 13 of this
chapter may:
(1) appear before the state board when the state board holds
public 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 within
thirty (30) days from the decision to the court in the county on any
question of adjustment of:
&
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, a
uniform, and an efficient system of public schools is the
traditional and current policy of the state;
(2) that improvement in the organization of school corporations
of the state will:
(A) provide a more equalized educational opportunity for
public school students;
(B) achieve greater equity in school tax rates among the
existing school corporations; and
(C) provide a more effective use of the public funds
expended for the support of the public school system;
(3) that existing statutes with respect to the combination and the
reorganization of school corporations are inadequate to
effectuate the needed improvement;
(4) that modifications in the provisions for the combination and
the reorganization of school corporations in this chapter are
necessary in order to assure the future maintenance of a uniform
and an efficient system of public schools in the state;
(5) that local electors:
(A) have an interest in the boundaries of the school
corporation in which they reside; and
(B) will exercise their privileges, as provided in this chapter,
to establish an efficient and economical reorganization plan
best 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 this
chapter 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 of
school corporations provided for in sections 11 through 17 of this
chapter. 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 the
county 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 school
corporations" means the formation of new school corporations, the
alteration of the boundaries of established school corporations, and
the dissolution of established school corporations by:
(1) the uniting of two (2) or more established school
corporations;
(2) the subdivision of one (1) or more school corporations;
(3) the transfer to a school corporation of a part of the territory
of one (1) or more school corporations;
(4) the attachment to a school corporation of all or part of the
territory 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 bonds
of a civil unit of government, the proceeds of which are used for
school 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" means
a school corporation that has territory in two (2) or more adjacent
counties. 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 is
essential to the performance by the county committees and the state
board of duties set forth in this chapter and IC 20-23-16-1 through
IC 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 school
corporations consists of nine (9) members. In a county that has a
county superintendent:
(1) the superintendent is an ex officio member of the
committee; and
(2) the remaining members of the committee are appointed by
the judge of the circuit court of the county.
In a county that does not have a county superintendent, all the
members of the committee are appointed by the judge of the circuit
court of the county. Appointments under this subsection are subject
to subsections (f) through (h).
(b) Before the time specified in this section, the judge of the
circuit court shall call into a county convention each of the township
trustees of the county and the members of each local board of school
trustees or board of school commissioners in the county to advise the
judge 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 the
affected area; or
(2) if a newspaper is not published in the affected area, in a
newspaper 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 in
subsection (b) in two (2) newspapers of general circulation published
in the affected area or having a general circulation in the affected
area. 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 the
county.
(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 county
convention, the judge of the circuit court shall select the appointive
members 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 trustee
recommended by the county board of education.
(g) In a county in which there is a board of school trustees or a
board of school commissioners, one (1) member of the county
committee:
(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 in
subsections (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 notice
immediately to each person selected for appointment to the county
committee. Each person selected shall notify the judge of the circuit
court 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's
acceptance or refusal of an appointment;
the judge shall select a qualified replacement for appointment to the
county committee.
(k) Not later than thirty (30) days after the date of the county
convention, the county committee shall meet to organize and to elect
from its membership:
(1) a chairperson;
(2) a treasurer; and
(3) a secretary.
The secretary may be the county superintendent or the superintendent
of one (1) of the school corporations in the county.
(l) The chairperson and the members of the county committee
serve 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 incurred
by the chairperson with respect to duties in connection with the
county committee.
(m) Members of the county committee hold office for terms of
four (4) years until the reorganization program in the county is
completed, subject to replacement as prescribed in this chapter. An
appointed member who ceases to be a resident of the county may not
continue to serve on a county committee.
(n) An individual appointed member of a county committee or the
appointed members as a group are not disqualified from serving on
a county committee because they fail at any time to meet the
qualifications for appointment by the judge of the circuit court, other
than county residence, if they met the qualifications at the time of
their appointments.
(o) Vacancies shall be filled by the remaining members of the
committee without regard for the qualifications for appointment by
the 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 the
members 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 and
with respect to each of the community school corporations that are
a part of the reorganization plan, the county committee shall
determine the following:
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the
boundaries 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 are
nominated; or
(ii) the general election at which county officials are
elected; and
(E) subject to sections 21 and 22 of this chapter, the manner
in which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and
interim board of school trustees, which may not exceed the
amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the
members of the board of school trustees, including limitations
on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the
reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the
reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and
assumed by the new community school corporation of which they are
a part, regardless of whether the plan provides for transfer and
assumption.
(c) The preliminary plan must be supported by a summary
statement of:
(1) the educational improvements the plan's adoption will make
possible;
(2) data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through
12;
(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 would
have applied for each proposed community school corporation
if the corporation existed in the year the preliminary plan is
prepared or notice of a hearing or hearings on the preliminary
plan is given by the county committee; and
(4) any other data or information the county committee
considers appropriate or that may be required by the state board
in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to
in subsection (c)(2) through (c)(3) on the valuations applying to
taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the
preliminary plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the
figures under the rules under which they are submitted to the
state 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 for
that year; or
(B) the immediately preceding school year if the figures are
not available for the school year in progress.
The county committee may obtain the data and information referred
to in this subsection from any source the committee considers
reliable. If the county committee attempts in good faith to comply
with this subsection, the summary statement referred to in subsection
(c) is sufficient regardless of whether the statement is exactly
accurate.
(e) The general description referred to in subsection (a)(2) may
consist of an identification of an existing school corporation that is
to be included in its entirety in the community school corporation. If
a boundary does not follow the boundary of an existing civil unit of
government or school corporation, the description must set out the
boundary:
(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 not
possible, by section lines or other legal description.
The description is not defective if there is a good faith effort by the
county committee to comply with this subsection or if the boundary
may be ascertained with reasonable certainty by a person skilled in
the area of real estate description. The county committee may require
the services of the county surveyor in preparing a description of a
boundary line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than
four (4) years; and
(2) may serve more than one (1) consecutive appointive or
elective 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 its
preliminary written plans for reorganization of school corporations,
the committee shall fix dates and places for one (1) or more hearings
on the plans and give notice of the hearings to the residents of the
school corporations affected and all interested parties. The county
committee may hold more than one (1) hearing. The chairperson of
the county committee shall give the notice:
(1) by publication at least one (1) time in one (1) newspaper of
general circulation published in the school corporation or
corporations; or
(2) if a newspaper is not published in the school corporation or
corporations, in a newspaper having a general circulation in the
school corporation or corporations;
at least ten (10) days but not more than thirty (30) days before the
date of the hearing.
(b) At the hearing:
(1) the county committee shall:
(A) explain the proposed reorganization plan;
(B) summarize the educational improvements adoption of
the plan will make possible; and
(C) if the proposed reorganization includes division of an
existing school corporation, state the adjustment proposed
for:
(i) property;
(ii) assets;
(iii) debts; and
(iv) other liabilities; and
(2) any resident of the county or of any affected school
corporation in an adjoining county may be heard with reference
to:
(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 of
plan to state board
Sec. 14. (a) The county committee shall consider any suggestions
made in the public hearing and shall make any revisions or
modifications in its written plans as it considers necessary and shall
thereupon without any further hearing adopt its final comprehensive
reorganization 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 a
county committee encounters any difficulties in formulating and
adopting either its preliminary or comprehensive plan for the
reorganization of school corporations, through no lack of diligence
upon the part of the committee so that it is unable to submit its plans
to the state board within the period specified, the county committee
may apply to the state board for an extension of time in which to
complete and adopt its preliminary or comprehensive plan. The
application may be made during or after the original or any extended
period 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 to
completion of comprehensive plan
Sec. 15. The county committee may submit to the state board for
approval, in accordance with section 18 of this chapter, a plan for the
reorganization of one (1) or more school corporations without
awaiting the completion of a comprehensive plan. The plan becomes
an integral part of the comprehensive plan the county committee is
required 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 of
reorganization is sufficient if the plan contains in its own terms or by
reference the following for each proposed community school
corporation:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries of the community
school corporation as provided in section 12 of this chapter.
(3) The number of members of the board of school trustees and
whether the members are elected or appointed.
(4) The manner in which the board of school trustees, other than
the interim board, is elected or appointed.
(5) If a school corporation is divided as part of the
reorganization, the disposition of assets and liabilities of the
school corporation.
(6) The statement required by section 12 of this chapter if that
statement 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 more
advisory 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 an
advisory 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), in
carrying 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 a
school corporation submitted to the state board by a county
committee and approve each plan that meets the standards of
the state board;
(3) adopt a set of minimum standards, in furtherance of the
policy expressed in section 1 of this chapter, which all proposed
community school corporations must meet, insofar as feasible;
(4) not later than ninety (90) days after receipt of a
reorganization plan, hold a public hearing in the county to
which the plan mainly applies to allow residents of the affected
territory 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 meet
minimum standards in revising the plan and permit the
committee to resubmit the plan not later than ninety (90) days
after 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 through
IC 20-23-16-11.
(b) The minimum standards for community school corporations
proposed under this chapter or IC 20-23-16-1 through IC 20-23-16-11
must 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 all
students in grades 1 through 12.
(c) Before the adoption of a preliminary written plan, the county
committee and the state board may meet to consider problems
encountered by the county committee in formulating a plan.
Following the meeting, the state board may waive in writing any
specified minimum standard for a designated geographic area on the
ground that meeting the standard is not feasible.
(d) The state board is not required to hold a public hearing on a
plan that does not meet the minimum standards required by the state
board unless the state board waives the attainment of a minimum
standard. As added by P.L.1-2005, SEC.7.
IC 20-23-4-19 Creation of community school corporation in certain existing
school corporations; motion of state board; hearings; definitions
Sec. 19. (a) If the creation of a community school corporation out
of an existing corporation:
(1) would not involve a change in its territorial boundaries or in
its board of school trustees or other governing body, other than
a change in the time of election or appointment or the time the
board members take office; and
(2) is consistent with the standards set up under this chapter and
the standards set out in this section;
the state board may on its own motion or on petition of the governing
body of the existing school corporation at any time with hearing in
the county where the school corporation is located, after notice by
publication at least once in one (1) newspaper of general circulation
published in the county where the school corporation is located, at
least ten (10) but not more than thirty (30) days before the date of a
hearing, and without action of the county committee declare the
existing school corporation to be a community school corporation by
adopting a resolution to this effect. The existing school corporation
qualifies as to size and financial resources if it has an ADA of at
least two hundred seventy (270) students in grades 9 through 12 or
at least one thousand (1,000) students in grades 1 through 12, and has
an assessed valuation per student of at least five thousand dollars
($5,000).
(b) For purposes of this section, the following terms have the
following meanings:
(1) "County tax" means a property tax:
(A) that is levied at an equal rate in the entire county in
which any school corporation is located, other than a tax
qualifying as a countywide tax within the meaning of Acts
1959, c.328, s.2, or any similar statute; and
(B) for which the net proceeds of which are distributed to
school corporations in the county.
(2) "Assessed valuation" of any school corporation means the
net assessed value of its real and personal property as of March
1, 1964, adjusted in the same manner as the assessed valuation
is adjusted for each county by the department of local
government finance under Acts 1949, c.247, s.5, as amended,
unless that statute has been repealed or no longer provides for
an adjustment. If a county has a county tax, the assessed
valuation of each school corporation in the county shall be
increased by the amount of assessed valuation, if any, that
would be required to raise an amount of money, equal to the
excess of the amount distributed to any school corporation from
the county tax over the amount collected from the county tax in
the school corporation, using total taxes levied by the school
corporation 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 school
corporation.
The increased valuation shall be based on the excess distributed
to the school corporation from the county tax levied for the year
1964 and the total taxes levied for the year, or if the county tax
is first applied or is raised for years after 1964, then the excess
distributions and total taxes levied for the year in which the tax
is first applied or raised. If the excess distribution and total
taxes levied cannot be determined accurately on or before the
adoption of the resolution provided in this section, excess
distribution and taxes levied shall be estimated by the
department of local government finance using the last preceding
assessed valuations and tax rates or such other information as
that department determines, certifying the increased assessment
to the state board before such time. In all cases, the excess
distribution shall be determined upon the assumption that the
county tax is one hundred percent (100%) collected and all
collections are distributed.
(3) "Assessed valuation per student" of any school corporation
means the assessed valuation of any school corporation divided
by its ADA in grades 1 through 12.
(4) "ADA" in any school corporation means the average daily
attendance of students who are residents in the school
corporation and in the particular grades to which the term refers
for the school year 1964-1965 in accordance with the applicable
regulations of the state superintendent, used in determining
average daily attendance in the distribution of the tuition funds
by the state to its various school corporations where funds are
distributed on such basis and irrespective of whether the figures
are the actual resident daily attendance of the school for the
school year.
(c) The community school corporation automatically comes into
being 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 committee
having jurisdiction of the existing school corporation was
appointed; and
(2) the county committee.
The resolution may change the time of election or appointment of the
board of trustees of the school corporation or the time the trustees
take office. The recorder shall without cost record the certified
resolution in the miscellaneous records of the county. The recording
constitutes a permanent record of the action of the state board and
may be relied on by any person. Unless the resolution provides that
an interim member of the board of trustees shall not be appointed, the
board of trustees in office on the date of the action continues to
constitute the board of trustees of the school corporation until their
successors are qualified, and the terms of their respective office and
board membership remain unchanged except to the extent the
resolution otherwise provides. For purposes of this chapter and
IC 20-23-16-1 through IC 20-23-16-11, a community school
corporation shall be regarded as a school corporation created under
section 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 of
community school corporation by petition or elections; contents of
petition and petitioning procedure
Sec. 20. (a) After the state board approves a comprehensive plan
or partial plan for reorganization of school corporations as submitted
to the state board by a county committee, the state board shall
promptly, by certified mail with return receipt requested, give written
notice of the approval to:
(1) the chairperson of the county committee submitting the
plan; and
(2) the judge of the circuit court of the county from which the
county committee was appointed.
(b) After notice is given under subsection (a), a community school
corporation proposed by a plan referred to in subsection (a) may be
created:
(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 the
county committee and before or after the election described in
section 21 of this chapter, a community school corporation proposed
by 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 the
registered voters residing in the community school corporation,
determined in the manner set out in this section, and filed by any
signer or by the county committee with the clerk or clerks of the
circuit court or courts of the county or counties where the voters
reside. The petition must state that the signers request the
establishment of a community school corporation and must contain
the following information:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries as set out in the
plan.
(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 school
trustees;
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 school
trustees.
(6) The disposition, if any, of assets and liabilities of each
existing school corporation that:
(A) is included in the proposed community school
corporation; 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 of
which constitutes the petition described in this section. An affidavit
of the person circulating a counterpart must be attached to the
counterpart. The affidavit must state that each signature appearing on
the counterpart was affixed in the person's presence and is the true
and lawful signature of the signer. Each signer on the petition may
withdraw the signer's signature from the petition before the petition
is filed with the clerk of the circuit court. Names may not be added
to the petition after the petition is filed with the clerk of the circuit
court.
(e) After receipt of the petition referred to in subsection (c), the
clerk of the circuit court shall make a certification under the clerk's
hand 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 registered
voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's
county;
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's
county;
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 a
voting precinct, the clerk of the circuit court shall ascertain from any
means, including assistance from the county committee, the number
of registered voters residing in the part of the voting precinct.
(f) The clerk of the circuit court shall make the certification
referred to in subsection (e):
(1) not later than thirty (30) days after the filing of the petition
under subsection (c), excluding from the calculation of that
period the time during which the registration records are
unavailable to the clerk; or
(2) within any additional time as is reasonably necessary to
permit the clerk to make the certification.
In certifying the number of registered voters, the clerk shall disregard
any signature on the petition not made in the ninety (90) days that
immediately precede the filing of the petition with the clerk as shown
by the dates set out in the petition. The clerk shall establish a record
of the certification in the clerk's office and shall return the
certification to the county committee.
(g) If the certification or combined certifications received from
the clerk or clerks disclose that the petition was signed by at least
fifty-five percent (55%) of the registered voters residing in the
community school corporation, the county committee shall publish
a notice in two (2) newspapers of general circulation in the
community school corporation. The notice must:
(1) state that the steps necessary for the creation and
establishment of the community school corporation have been
completed; and
(2) set forth:
(A) the number of registered voters residing in the
community school corporation who signed the petition; and
(B) the number of registered voters residing in the
community school corporation.
(h) A community school corporation created by a petition under
this 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 in
subsection (g).
(i) If a public official fails to perform a duty required of the
official under this chapter within the time prescribed in this section
and sections 21 through 24 of this chapter, the omission does not
invalidate the proceedings taken under this chapter.
(j) An action:
(1) to contest the validity of the formation or creation of a
community 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
publication 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 not
receive the certification or combined certifications under section
20(f) of this chapter not later than ninety (90) days after the receipt
by the county committee of the plan referred to in section 20(a) of
this chapter, the judge of the circuit court of the county from which
the 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 election
in which the registered voters residing in the proposed
community school corporation may vote to determine whether
the 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 with
IC 3-10-9-3 is to be held not later than six (6) months after the
receipt by the chairperson of the county committee of the plan
referred to in section 20(a) of this chapter, regardless of whether the
ninety (90) day period referred to in subsection (a) has expired, the
judge shall order the county election board to conduct the special
election to be held in conjunction with the primary or general
election.
(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 shall
be 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 in
subsection (a).
(d) The county election board shall give notice under IC 5-3-1 of
the special election referred to in subsection (a).
(e) The notice referred to in subsection (d) of a special election
must:
(1) clearly state that the election is called to afford the
registered voters an opportunity to approve or reject a proposal
for the formation of a community school corporation;
(2) contain:
(A) a general description of the boundaries of the
community 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 the
creation of the community school corporation;
(C) the name of the community school corporation;
(D) the number of members comprising the board of school
trustees; and
(E) the method of selecting the board of school trustees of
the community school corporation; and
(3) designate the date, time, and voting place or places at which
the election will be held.
(f) A special election referred to in subsection (a) is under the
direction of the county election board in the county. The election
board shall take all steps necessary to carry out the special election.
If the special election is not conducted at a primary or general
election, the cost of conducting the election is:
(1) charged to each component school corporation embraced in
the community school corporation in the same proportion as the
component school corporation's assessed valuation is to the
total assessed valuation of the community school corporation;
and
(2) paid:
(A) from any current operating fund not otherwise
appropriated of; and
(B) without appropriation by;
each component school corporation.
If a component school corporation is to be divided and its territory
assigned to two (2) or more community corporations, the component
school corporation's cost of the special election is in proportion to
the corporation's assessed valuation included in the community
school corporation.
(g) The county election board shall place the public question on
the ballot in the form prescribed by IC 3-10-9-4. The public question
must state "Shall the (here insert name) community school
corporation be formed as provided in the Reorganization Plan of the
County Committee for the Reorganization of School Corporations?".
Except as otherwise provided in this chapter, the election is governed
by IC 3.
(h) If a majority of the votes cast at a special election referred to
in subsection (a) on the public question are in favor of the formation
of the corporation, a community school corporation is created and
takes 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 in
subsection (d).
(i) If a public official fails to perform a duty required of the
official under this section within the time prescribed in this section,
the omission does not invalidate the proceedings taken under this
section.
(j) An action:
(1) to contest the validity of the formation or creation of a
community 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 the
special 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 board
of trustees; automatic effective date
Sec. 22. (a) This section applies to a proposed school corporation
reorganization plan approved by the state board that involves no
change 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 election
of board members or the time the board members take office.
(b) A plan referred to in subsection (a) automatically comes into
being 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 into
being under subsection (b) continue to constitute the governing
body of the school corporation until their successors are
qualified; and
(3) the:
(A) terms of offices; and
(B) board memberships;
of the board members remain unchanged except to the extent
the plan provides otherwise. As added by P.L.1-2005, SEC.7.
IC 20-23-4-23 Rejection of community school corporations and elections; options
of county committee
Sec. 23. (a) If a proposal for the formation of a community school
corporation is rejected by the voters at the special election provided
for in this chapter, the county committee shall:
(1) subject to subsection (b), devise a new plan of
reorganization considered more acceptable to the electors of the
territory affected; or
(2) subject to subsection (c), direct the county election board or
boards to resubmit the same plan rejected by the voters.
(b) The county committee shall submit a new plan devised under
subsection (a)(1) to the state board for the state board's approval not
later than six (6) months after the date of the special election at
which the proposal was rejected, subject to the same conditions and
requirements concerning extensions of time and other matters
provided in this chapter. If the new plan is approved by the state
board, the procedures of this chapter for the creation of a community
school corporation must be followed.
(c) The county committee may direct the county election board or
boards to resubmit the plan referred to in subsection (a)(2) at a
special election to be held not later than six (6) months after the
special election at which the proposal was rejected. If a primary or
general 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 or
general election. The judge of the circuit court shall give notice by
publication of the special election on request of the county
committee. The special election is held in the same manner required
for the holding of a special election under section 21 of this chapter.
Officials concerned shall take all actions necessary to conduct the
special 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 public
official fails to perform a duty required under this chapter or
IC 20-23-16-1 through IC 20-23-16-11 within the time prescribed in
this chapter or IC 20-23-16-1 through IC 20-23-16-11, the omission
does not invalidate any proceedings taken by the official.
(b) This section:
(1) does not apply to the time within which a county committee
must accept jurisdiction of all or part of a school corporation
from another county committee following a petition under
IC 20-23-16-1; and
(2) may not be construed to extend the time within which
petitions may be filed by registered voters under this chapter or
IC 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 county
committee after the hearing provided for under section 13 of this
chapter may:
(1) appear before the state board when the state board holds
public 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 within
thirty (30) days from the decision to the court in the county on any
question of adjustment of:
&
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, a
uniform, and an efficient system of public schools is the
traditional and current policy of the state;
(2) that improvement in the organization of school corporations
of the state will:
(A) provide a more equalized educational opportunity for
public school students;
(B) achieve greater equity in school tax rates among the
existing school corporations; and
(C) provide a more effective use of the public funds
expended for the support of the public school system;
(3) that existing statutes with respect to the combination and the
reorganization of school corporations are inadequate to
effectuate the needed improvement;
(4) that modifications in the provisions for the combination and
the reorganization of school corporations in this chapter are
necessary in order to assure the future maintenance of a uniform
and an efficient system of public schools in the state;
(5) that local electors:
(A) have an interest in the boundaries of the school
corporation in which they reside; and
(B) will exercise their privileges, as provided in this chapter,
to establish an efficient and economical reorganization plan
best 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 this
chapter 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 of
school corporations provided for in sections 11 through 17 of this
chapter. 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 the
county 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 school
corporations" means the formation of new school corporations, the
alteration of the boundaries of established school corporations, and
the dissolution of established school corporations by:
(1) the uniting of two (2) or more established school
corporations;
(2) the subdivision of one (1) or more school corporations;
(3) the transfer to a school corporation of a part of the territory
of one (1) or more school corporations;
(4) the attachment to a school corporation of all or part of the
territory 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 bonds
of a civil unit of government, the proceeds of which are used for
school 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" means
a school corporation that has territory in two (2) or more adjacent
counties. 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 is
essential to the performance by the county committees and the state
board of duties set forth in this chapter and IC 20-23-16-1 through
IC 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 school
corporations consists of nine (9) members. In a county that has a
county superintendent:
(1) the superintendent is an ex officio member of the
committee; and
(2) the remaining members of the committee are appointed by
the judge of the circuit court of the county.
In a county that does not have a county superintendent, all the
members of the committee are appointed by the judge of the circuit
court of the county. Appointments under this subsection are subject
to subsections (f) through (h).
(b) Before the time specified in this section, the judge of the
circuit court shall call into a county convention each of the township
trustees of the county and the members of each local board of school
trustees or board of school commissioners in the county to advise the
judge 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 the
affected area; or
(2) if a newspaper is not published in the affected area, in a
newspaper 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 in
subsection (b) in two (2) newspapers of general circulation published
in the affected area or having a general circulation in the affected
area. 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 the
county.
(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 county
convention, the judge of the circuit court shall select the appointive
members 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 trustee
recommended by the county board of education.
(g) In a county in which there is a board of school trustees or a
board of school commissioners, one (1) member of the county
committee:
(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 in
subsections (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 notice
immediately to each person selected for appointment to the county
committee. Each person selected shall notify the judge of the circuit
court 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's
acceptance or refusal of an appointment;
the judge shall select a qualified replacement for appointment to the
county committee.
(k) Not later than thirty (30) days after the date of the county
convention, the county committee shall meet to organize and to elect
from its membership:
(1) a chairperson;
(2) a treasurer; and
(3) a secretary.
The secretary may be the county superintendent or the superintendent
of one (1) of the school corporations in the county.
(l) The chairperson and the members of the county committee
serve 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 incurred
by the chairperson with respect to duties in connection with the
county committee.
(m) Members of the county committee hold office for terms of
four (4) years until the reorganization program in the county is
completed, subject to replacement as prescribed in this chapter. An
appointed member who ceases to be a resident of the county may not
continue to serve on a county committee.
(n) An individual appointed member of a county committee or the
appointed members as a group are not disqualified from serving on
a county committee because they fail at any time to meet the
qualifications for appointment by the judge of the circuit court, other
than county residence, if they met the qualifications at the time of
their appointments.
(o) Vacancies shall be filled by the remaining members of the
committee without regard for the qualifications for appointment by
the 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 the
members 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 and
with respect to each of the community school corporations that are
a part of the reorganization plan, the county committee shall
determine the following:
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the
boundaries 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 are
nominated; or
(ii) the general election at which county officials are
elected; and
(E) subject to sections 21 and 22 of this chapter, the manner
in which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and
interim board of school trustees, which may not exceed the
amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the
members of the board of school trustees, including limitations
on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the
reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the
reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and
assumed by the new community school corporation of which they are
a part, regardless of whether the plan provides for transfer and
assumption.
(c) The preliminary plan must be supported by a summary
statement of:
(1) the educational improvements the plan's adoption will make
possible;
(2) data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through
12;
(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 would
have applied for each proposed community school corporation
if the corporation existed in the year the preliminary plan is
prepared or notice of a hearing or hearings on the preliminary
plan is given by the county committee; and
(4) any other data or information the county committee
considers appropriate or that may be required by the state board
in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to
in subsection (c)(2) through (c)(3) on the valuations applying to
taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the
preliminary plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the
figures under the rules under which they are submitted to the
state 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 for
that year; or
(B) the immediately preceding school year if the figures are
not available for the school year in progress.
The county committee may obtain the data and information referred
to in this subsection from any source the committee considers
reliable. If the county committee attempts in good faith to comply
with this subsection, the summary statement referred to in subsection
(c) is sufficient regardless of whether the statement is exactly
accurate.
(e) The general description referred to in subsection (a)(2) may
consist of an identification of an existing school corporation that is
to be included in its entirety in the community school corporation. If
a boundary does not follow the boundary of an existing civil unit of
government or school corporation, the description must set out the
boundary:
(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 not
possible, by section lines or other legal description.
The description is not defective if there is a good faith effort by the
county committee to comply with this subsection or if the boundary
may be ascertained with reasonable certainty by a person skilled in
the area of real estate description. The county committee may require
the services of the county surveyor in preparing a description of a
boundary line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than
four (4) years; and
(2) may serve more than one (1) consecutive appointive or
elective 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 its
preliminary written plans for reorganization of school corporations,
the committee shall fix dates and places for one (1) or more hearings
on the plans and give notice of the hearings to the residents of the
school corporations affected and all interested parties. The county
committee may hold more than one (1) hearing. The chairperson of
the county committee shall give the notice:
(1) by publication at least one (1) time in one (1) newspaper of
general circulation published in the school corporation or
corporations; or
(2) if a newspaper is not published in the school corporation or
corporations, in a newspaper having a general circulation in the
school corporation or corporations;
at least ten (10) days but not more than thirty (30) days before the
date of the hearing.
(b) At the hearing:
(1) the county committee shall:
(A) explain the proposed reorganization plan;
(B) summarize the educational improvements adoption of
the plan will make possible; and
(C) if the proposed reorganization includes division of an
existing school corporation, state the adjustment proposed
for:
(i) property;
(ii) assets;
(iii) debts; and
(iv) other liabilities; and
(2) any resident of the county or of any affected school
corporation in an adjoining county may be heard with reference
to:
(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 of
plan to state board
Sec. 14. (a) The county committee shall consider any suggestions
made in the public hearing and shall make any revisions or
modifications in its written plans as it considers necessary and shall
thereupon without any further hearing adopt its final comprehensive
reorganization 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 a
county committee encounters any difficulties in formulating and
adopting either its preliminary or comprehensive plan for the
reorganization of school corporations, through no lack of diligence
upon the part of the committee so that it is unable to submit its plans
to the state board within the period specified, the county committee
may apply to the state board for an extension of time in which to
complete and adopt its preliminary or comprehensive plan. The
application may be made during or after the original or any extended
period 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 to
completion of comprehensive plan
Sec. 15. The county committee may submit to the state board for
approval, in accordance with section 18 of this chapter, a plan for the
reorganization of one (1) or more school corporations without
awaiting the completion of a comprehensive plan. The plan becomes
an integral part of the comprehensive plan the county committee is
required 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 of
reorganization is sufficient if the plan contains in its own terms or by
reference the following for each proposed community school
corporation:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries of the community
school corporation as provided in section 12 of this chapter.
(3) The number of members of the board of school trustees and
whether the members are elected or appointed.
(4) The manner in which the board of school trustees, other than
the interim board, is elected or appointed.
(5) If a school corporation is divided as part of the
reorganization, the disposition of assets and liabilities of the
school corporation.
(6) The statement required by section 12 of this chapter if that
statement 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 more
advisory 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 an
advisory 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), in
carrying 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 a
school corporation submitted to the state board by a county
committee and approve each plan that meets the standards of
the state board;
(3) adopt a set of minimum standards, in furtherance of the
policy expressed in section 1 of this chapter, which all proposed
community school corporations must meet, insofar as feasible;
(4) not later than ninety (90) days after receipt of a
reorganization plan, hold a public hearing in the county to
which the plan mainly applies to allow residents of the affected
territory 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 meet
minimum standards in revising the plan and permit the
committee to resubmit the plan not later than ninety (90) days
after 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 through
IC 20-23-16-11.
(b) The minimum standards for community school corporations
proposed under this chapter or IC 20-23-16-1 through IC 20-23-16-11
must 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 all
students in grades 1 through 12.
(c) Before the adoption of a preliminary written plan, the county
committee and the state board may meet to consider problems
encountered by the county committee in formulating a plan.
Following the meeting, the state board may waive in writing any
specified minimum standard for a designated geographic area on the
ground that meeting the standard is not feasible.
(d) The state board is not required to hold a public hearing on a
plan that does not meet the minimum standards required by the state
board unless the state board waives the attainment of a minimum
standard. As added by P.L.1-2005, SEC.7.
IC 20-23-4-19 Creation of community school corporation in certain existing
school corporations; motion of state board; hearings; definitions
Sec. 19. (a) If the creation of a community school corporation out
of an existing corporation:
(1) would not involve a change in its territorial boundaries or in
its board of school trustees or other governing body, other than
a change in the time of election or appointment or the time the
board members take office; and
(2) is consistent with the standards set up under this chapter and
the standards set out in this section;
the state board may on its own motion or on petition of the governing
body of the existing school corporation at any time with hearing in
the county where the school corporation is located, after notice by
publication at least once in one (1) newspaper of general circulation
published in the county where the school corporation is located, at
least ten (10) but not more than thirty (30) days before the date of a
hearing, and without action of the county committee declare the
existing school corporation to be a community school corporation by
adopting a resolution to this effect. The existing school corporation
qualifies as to size and financial resources if it has an ADA of at
least two hundred seventy (270) students in grades 9 through 12 or
at least one thousand (1,000) students in grades 1 through 12, and has
an assessed valuation per student of at least five thousand dollars
($5,000).
(b) For purposes of this section, the following terms have the
following meanings:
(1) "County tax" means a property tax:
(A) that is levied at an equal rate in the entire county in
which any school corporation is located, other than a tax
qualifying as a countywide tax within the meaning of Acts
1959, c.328, s.2, or any similar statute; and
(B) for which the net proceeds of which are distributed to
school corporations in the county.
(2) "Assessed valuation" of any school corporation means the
net assessed value of its real and personal property as of March
1, 1964, adjusted in the same manner as the assessed valuation
is adjusted for each county by the department of local
government finance under Acts 1949, c.247, s.5, as amended,
unless that statute has been repealed or no longer provides for
an adjustment. If a county has a county tax, the assessed
valuation of each school corporation in the county shall be
increased by the amount of assessed valuation, if any, that
would be required to raise an amount of money, equal to the
excess of the amount distributed to any school corporation from
the county tax over the amount collected from the county tax in
the school corporation, using total taxes levied by the school
corporation 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 school
corporation.
The increased valuation shall be based on the excess distributed
to the school corporation from the county tax levied for the year
1964 and the total taxes levied for the year, or if the county tax
is first applied or is raised for years after 1964, then the excess
distributions and total taxes levied for the year in which the tax
is first applied or raised. If the excess distribution and total
taxes levied cannot be determined accurately on or before the
adoption of the resolution provided in this section, excess
distribution and taxes levied shall be estimated by the
department of local government finance using the last preceding
assessed valuations and tax rates or such other information as
that department determines, certifying the increased assessment
to the state board before such time. In all cases, the excess
distribution shall be determined upon the assumption that the
county tax is one hundred percent (100%) collected and all
collections are distributed.
(3) "Assessed valuation per student" of any school corporation
means the assessed valuation of any school corporation divided
by its ADA in grades 1 through 12.
(4) "ADA" in any school corporation means the average daily
attendance of students who are residents in the school
corporation and in the particular grades to which the term refers
for the school year 1964-1965 in accordance with the applicable
regulations of the state superintendent, used in determining
average daily attendance in the distribution of the tuition funds
by the state to its various school corporations where funds are
distributed on such basis and irrespective of whether the figures
are the actual resident daily attendance of the school for the
school year.
(c) The community school corporation automatically comes into
being 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 committee
having jurisdiction of the existing school corporation was
appointed; and
(2) the county committee.
The resolution may change the time of election or appointment of the
board of trustees of the school corporation or the time the trustees
take office. The recorder shall without cost record the certified
resolution in the miscellaneous records of the county. The recording
constitutes a permanent record of the action of the state board and
may be relied on by any person. Unless the resolution provides that
an interim member of the board of trustees shall not be appointed, the
board of trustees in office on the date of the action continues to
constitute the board of trustees of the school corporation until their
successors are qualified, and the terms of their respective office and
board membership remain unchanged except to the extent the
resolution otherwise provides. For purposes of this chapter and
IC 20-23-16-1 through IC 20-23-16-11, a community school
corporation shall be regarded as a school corporation created under
section 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 of
community school corporation by petition or elections; contents of
petition and petitioning procedure
Sec. 20. (a) After the state board approves a comprehensive plan
or partial plan for reorganization of school corporations as submitted
to the state board by a county committee, the state board shall
promptly, by certified mail with return receipt requested, give written
notice of the approval to:
(1) the chairperson of the county committee submitting the
plan; and
(2) the judge of the circuit court of the county from which the
county committee was appointed.
(b) After notice is given under subsection (a), a community school
corporation proposed by a plan referred to in subsection (a) may be
created:
(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 the
county committee and before or after the election described in
section 21 of this chapter, a community school corporation proposed
by 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 the
registered voters residing in the community school corporation,
determined in the manner set out in this section, and filed by any
signer or by the county committee with the clerk or clerks of the
circuit court or courts of the county or counties where the voters
reside. The petition must state that the signers request the
establishment of a community school corporation and must contain
the following information:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries as set out in the
plan.
(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 school
trustees;
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 school
trustees.
(6) The disposition, if any, of assets and liabilities of each
existing school corporation that:
(A) is included in the proposed community school
corporation; 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 of
which constitutes the petition described in this section. An affidavit
of the person circulating a counterpart must be attached to the
counterpart. The affidavit must state that each signature appearing on
the counterpart was affixed in the person's presence and is the true
and lawful signature of the signer. Each signer on the petition may
withdraw the signer's signature from the petition before the petition
is filed with the clerk of the circuit court. Names may not be added
to the petition after the petition is filed with the clerk of the circuit
court.
(e) After receipt of the petition referred to in subsection (c), the
clerk of the circuit court shall make a certification under the clerk's
hand 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 registered
voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's
county;
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's
county;
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 a
voting precinct, the clerk of the circuit court shall ascertain from any
means, including assistance from the county committee, the number
of registered voters residing in the part of the voting precinct.
(f) The clerk of the circuit court shall make the certification
referred to in subsection (e):
(1) not later than thirty (30) days after the filing of the petition
under subsection (c), excluding from the calculation of that
period the time during which the registration records are
unavailable to the clerk; or
(2) within any additional time as is reasonably necessary to
permit the clerk to make the certification.
In certifying the number of registered voters, the clerk shall disregard
any signature on the petition not made in the ninety (90) days that
immediately precede the filing of the petition with the clerk as shown
by the dates set out in the petition. The clerk shall establish a record
of the certification in the clerk's office and shall return the
certification to the county committee.
(g) If the certification or combined certifications received from
the clerk or clerks disclose that the petition was signed by at least
fifty-five percent (55%) of the registered voters residing in the
community school corporation, the county committee shall publish
a notice in two (2) newspapers of general circulation in the
community school corporation. The notice must:
(1) state that the steps necessary for the creation and
establishment of the community school corporation have been
completed; and
(2) set forth:
(A) the number of registered voters residing in the
community school corporation who signed the petition; and
(B) the number of registered voters residing in the
community school corporation.
(h) A community school corporation created by a petition under
this 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 in
subsection (g).
(i) If a public official fails to perform a duty required of the
official under this chapter within the time prescribed in this section
and sections 21 through 24 of this chapter, the omission does not
invalidate the proceedings taken under this chapter.
(j) An action:
(1) to contest the validity of the formation or creation of a
community 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
publication 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 not
receive the certification or combined certifications under section
20(f) of this chapter not later than ninety (90) days after the receipt
by the county committee of the plan referred to in section 20(a) of
this chapter, the judge of the circuit court of the county from which
the 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 election
in which the registered voters residing in the proposed
community school corporation may vote to determine whether
the 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 with
IC 3-10-9-3 is to be held not later than six (6) months after the
receipt by the chairperson of the county committee of the plan
referred to in section 20(a) of this chapter, regardless of whether the
ninety (90) day period referred to in subsection (a) has expired, the
judge shall order the county election board to conduct the special
election to be held in conjunction with the primary or general
election.
(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 shall
be 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 in
subsection (a).
(d) The county election board shall give notice under IC 5-3-1 of
the special election referred to in subsection (a).
(e) The notice referred to in subsection (d) of a special election
must:
(1) clearly state that the election is called to afford the
registered voters an opportunity to approve or reject a proposal
for the formation of a community school corporation;
(2) contain:
(A) a general description of the boundaries of the
community 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 the
creation of the community school corporation;
(C) the name of the community school corporation;
(D) the number of members comprising the board of school
trustees; and
(E) the method of selecting the board of school trustees of
the community school corporation; and
(3) designate the date, time, and voting place or places at which
the election will be held.
(f) A special election referred to in subsection (a) is under the
direction of the county election board in the county. The election
board shall take all steps necessary to carry out the special election.
If the special election is not conducted at a primary or general
election, the cost of conducting the election is:
(1) charged to each component school corporation embraced in
the community school corporation in the same proportion as the
component school corporation's assessed valuation is to the
total assessed valuation of the community school corporation;
and
(2) paid:
(A) from any current operating fund not otherwise
appropriated of; and
(B) without appropriation by;
each component school corporation.
If a component school corporation is to be divided and its territory
assigned to two (2) or more community corporations, the component
school corporation's cost of the special election is in proportion to
the corporation's assessed valuation included in the community
school corporation.
(g) The county election board shall place the public question on
the ballot in the form prescribed by IC 3-10-9-4. The public question
must state "Shall the (here insert name) community school
corporation be formed as provided in the Reorganization Plan of the
County Committee for the Reorganization of School Corporations?".
Except as otherwise provided in this chapter, the election is governed
by IC 3.
(h) If a majority of the votes cast at a special election referred to
in subsection (a) on the public question are in favor of the formation
of the corporation, a community school corporation is created and
takes 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 in
subsection (d).
(i) If a public official fails to perform a duty required of the
official under this section within the time prescribed in this section,
the omission does not invalidate the proceedings taken under this
section.
(j) An action:
(1) to contest the validity of the formation or creation of a
community 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 the
special 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 board
of trustees; automatic effective date
Sec. 22. (a) This section applies to a proposed school corporation
reorganization plan approved by the state board that involves no
change 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 election
of board members or the time the board members take office.
(b) A plan referred to in subsection (a) automatically comes into
being 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 into
being under subsection (b) continue to constitute the governing
body of the school corporation until their successors are
qualified; and
(3) the:
(A) terms of offices; and
(B) board memberships;
of the board members remain unchanged except to the extent
the plan provides otherwise. As added by P.L.1-2005, SEC.7.
IC 20-23-4-23 Rejection of community school corporations and elections; options
of county committee
Sec. 23. (a) If a proposal for the formation of a community school
corporation is rejected by the voters at the special election provided
for in this chapter, the county committee shall:
(1) subject to subsection (b), devise a new plan of
reorganization considered more acceptable to the electors of the
territory affected; or
(2) subject to subsection (c), direct the county election board or
boards to resubmit the same plan rejected by the voters.
(b) The county committee shall submit a new plan devised under
subsection (a)(1) to the state board for the state board's approval not
later than six (6) months after the date of the special election at
which the proposal was rejected, subject to the same conditions and
requirements concerning extensions of time and other matters
provided in this chapter. If the new plan is approved by the state
board, the procedures of this chapter for the creation of a community
school corporation must be followed.
(c) The county committee may direct the county election board or
boards to resubmit the plan referred to in subsection (a)(2) at a
special election to be held not later than six (6) months after the
special election at which the proposal was rejected. If a primary or
general 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 or
general election. The judge of the circuit court shall give notice by
publication of the special election on request of the county
committee. The special election is held in the same manner required
for the holding of a special election under section 21 of this chapter.
Officials concerned shall take all actions necessary to conduct the
special 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 public
official fails to perform a duty required under this chapter or
IC 20-23-16-1 through IC 20-23-16-11 within the time prescribed in
this chapter or IC 20-23-16-1 through IC 20-23-16-11, the omission
does not invalidate any proceedings taken by the official.
(b) This section:
(1) does not apply to the time within which a county committee
must accept jurisdiction of all or part of a school corporation
from another county committee following a petition under
IC 20-23-16-1; and
(2) may not be construed to extend the time within which
petitions may be filed by registered voters under this chapter or
IC 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 county
committee after the hearing provided for under section 13 of this
chapter may:
(1) appear before the state board when the state board holds
public 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 within
thirty (30) days from the decision to the court in the county on any
question of adjustment of:
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