IC 20-23-7
Chapter 7. Consolidation of County School Corporations and
Metropolitan School Districts
IC 20-23-7-1 Purpose
Sec. 1. It is the purpose of this chapter to provide for the
organization of public schools in Indiana to:
(1) promote the best interests of the students of Indiana;
(2) provide for the organization of additional forms of local
school government;
(3) preserve and ensure an economical and efficient school
system in accordance with the desires of the people in local
communities; and
(4) improve the education of the students of Indiana as
guaranteed by the laws and Constitution of the State of Indiana. As added by P.L.1-2005, SEC.7.
IC 20-23-7-2 Metropolitan school district; consolidation procedure
Sec. 2. (a) In any county or adjoining counties at least two (2)
school corporations, including school townships, school towns,
school cities, consolidated school corporations, joint schools,
metropolitan school districts, township school districts, or
community school corporations, regardless of whether the
consolidating school corporations are of the same or of a different
character, may consolidate into one (1) metropolitan school district.
Subject to subsection (h), the consolidation must be initiated by
following either of the following procedures:
(1) The township trustee, board of school trustees, board of
education, or other governing body (the trustee, board, or other
governing body is referred to elsewhere in this section as the
"governing body") of each school corporation to be
consolidated shall:
(A) adopt substantially identical resolutions providing for
the consolidation; and
(B) publish a notice setting out the text of the resolution one
(1) time under IC 5-3-1.
The resolution must set forth any provision for staggering the
terms of the board members of the metropolitan school district
elected under this chapter. If, not more than thirty (30) days
after publication of the resolution, a petition of protest, signed
by at least twenty percent (20%) of the registered voters
residing in the school corporation is filed with the clerk of the
circuit court of each county where the voters who are eligible
to sign the petition reside, a referendum election shall be held
as provided in subsection (c).
(2) Instead of the adoption of substantially identical resolutions
in each of the proposed consolidating school corporations under
subdivision (1), a referendum election under subsection (c)
shall be held on the occurrence of all of the following:
(A) At least twenty percent (20%) of the registered voters
residing in a particular school corporation sign a petition
requesting that the school corporation consolidate with
another school corporation (referred to in this subsection as
"the responding school corporation").
(B) The petition described in clause (A) is filed with the
clerk of the circuit court of each county where the voters
who are eligible to sign the petition reside.
(C) Not more than thirty (30) days after the service of the
petition by the clerk of the circuit court to the governing
body of the responding school corporation under subsection
(b) and the certification of signatures on the petition occurs
under subsection (b), the governing body of the responding
school corporation adopts a resolution approving the petition
and providing for the consolidation.
(D) An approving resolution has the same effect as the
substantially identical resolutions adopted by the governing
bodies under subdivision (1), and the governing bodies shall
publish the notice provided under subdivision (1) not more
than fifteen (15) days after the approving resolution is
adopted. However, if a governing body that is a party to the
consolidation fails to publish notice within the required
fifteen (15) day time period, a referendum election still must
be held as provided in subsection (c).
If the governing body of the responding school corporation does
not act on the petition within the thirty (30) day period
described in clause (C), the governing body's inaction
constitutes a disapproval of the petition request. If the
governing body of the responding school corporation adopts a
resolution disapproving the petition or fails to act within the
thirty (30) day period, a referendum election as described in
subsection (c) may not be held and the petition requesting the
consolidation is defeated.
(b) Any petition of protest under subsection (a)(1) or a petition
requesting consolidation under subsection (a)(2) must show in the
petition the date on which each person has signed the petition and the
person's residence on that date. The petition may be executed in
several counterparts, the total of which constitutes the petition. Each
counterpart must contain the names of voters residing within a single
county and shall be filed with the clerk of the circuit court of the
county. Each counterpart must have attached to it the affidavit of the
person circulating the counterpart that each signature appearing on
the counterpart was affixed in that person's presence and is the true
and lawful signature of each person who made the signature. Any
signer may file the petition or any counterpart of the petition. Each
signer on the petition may before and may not after the filing with
the clerk withdraw the signer's name from the petition. A name may
not be added to the petition after the petition has been filed with the
clerk. After the receipt of any counterpart of the petition, each circuit
court clerk shall certify:
(1) the number of persons signing the counterpart;
(2) the number of persons who are registered voters residing
within that part of the school corporation located within the
clerk's county, as disclosed by the voter registration records in
the office of the clerk or the board of registration of the county,
or wherever registration records may be kept;
(3) the total number of registered voters residing within the
boundaries of that part of the school corporation located within
the county, as disclosed in the voter registration records; and
(4) the date of the filing of the petition.
Certification shall be made by each clerk of the circuit court not
more than thirty (30) days after the filing of the petition, excluding
from the calculation of the period any time during which the
registration records are unavailable to the clerk, or 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 of the circuit court shall disregard any signature on the petition
not made within the ninety (90) days immediately before the filing
of the petition with the clerk as shown by the dates set out in the
petition. The clerk of the circuit court shall establish a record of the
certification in the clerk's office and shall serve the original petition
and a copy of the certification on the county election board under
IC 3-10-9-3 and the governing bodies of each affected school
corporation. Service shall be made by mail or manual delivery to the
governing bodies, to any officer of the governing bodies, or to the
administrative office of the governing bodies, if any, and shall be
made for all purposes of this section on the day of the mailing or the
date of the manual delivery.
(c) The county election board in each county where the proposed
metropolitan school district is located, acting jointly where the
proposed metropolitan school district is created and where it is
located in more than one (1) county, shall cause any referendum
election required under either subsection (a)(1) or (a)(2) to be held
in the entire proposed metropolitan district at a special election. The
special election shall be not less than sixty (60) days and not more
than ninety (90) days after the service of the petition of protest and
certification by each clerk of the circuit court under subsection (a)(1)
or (a)(2) or after the occurrence of the first action requiring a
referendum under subsection (a)(2). However, if a primary or general
election at which county officials are to be nominated or elected, or
at which city or town officials are to be elected in those areas of the
proposed metropolitan school district that are within the city or town,
is to be held after the sixty (60) days and not more than six (6)
months after the service or the occurrence of the first action, each
election board may hold the referendum election with the primary or
general election.
(d) Notice of the special election shall be given by each election
board by publication under IC 5-3-1.
(e) Except where it conflicts with this section or cannot be
practicably applied, IC 3 applies to the conduct of the referendum
election. If the referendum election is not conducted at a primary or
general election, the cost of conducting the election shall be charged
to each component school corporation included in the proposed
metropolitan school district in the same proportion as its assessed
valuation bears to the total assessed valuation of the proposed
metropolitan school district and shall be paid from any current
operating fund of each component school corporation not otherwise
appropriated, without appropriation.
(f) The question in the referendum election shall be placed on the
ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
school corporations of _________ be formed into one (1)
metropolitan school district under IC 20-23-7?" (in which blanks the
respective name of the school districts concerned will be inserted).
(g) If:
(1) a protest petition with the required signatures is not filed
after the adoption of substantially identical resolutions of the
governing bodies providing for or approving the consolidation
as described in subsection (a)(1); or
(2) a referendum election occurs in the entire proposed
metropolitan district and a majority of the voters in each
proposed consolidating school corporation vote in the
affirmative;
a metropolitan school district is created and comes into existence in
the territory subject to the provisions and under the conditions
described in this chapter. The boundaries include all of the territory
within the school corporations, and it shall be known as
"Metropolitan School District of _______, Indiana" (the name of the
district concerned will be inserted in the blank). The name of the
district shall be decided by a majority vote of the metropolitan
governing board of the metropolitan school district at the first
meeting. The metropolitan governing board of the new metropolitan
school district shall be composed and elected under this chapter. The
failure of any public official or body to perform any duty within the
time provided in this chapter does not invalidate any proceedings
taken by that official or body, but this provision shall not be
construed to authorize a delay in the holding of a referendum election
under this chapter.
(h) If the governing body of a school corporation is involved in a
consolidation proposal under subsection (a)(1) or (a)(2) that fails to
result in a consolidation, the:
(1) governing body of the school corporation may not initiate a
subsequent consolidation with another school corporation under
subsection (a)(1); and
(2) residents of the school corporation may not file a petition
requesting a consolidation with another school corporation
under subsection (a)(2);
for one (1) year after the date on which the prior consolidation
proposal failed. As added by P.L.1-2005, SEC.7. IC 20-23-7-3 Metropolitan school district; duties
Sec. 3. (a) The metropolitan school district shall conduct the
educational activities of all the schools in the district in compliance
with:
(1) state law; and
(2) the laws of the state of Indiana with reference to public
education.
(b) The control and administration of the schools of the
metropolitan school district are vested in a governing body whose:
(1) composition;
(2) duties;
(3) manner of election; and
(4) powers;
are described in this chapter. As added by P.L.1-2005, SEC.7.
IC 20-23-7-4 Metropolitan school district; division into board member districts
Sec. 4. (a) At the first meeting of the board of commissioners of
the county after the creation of the metropolitan school district as
provided in this chapter, the board of commissioners shall divide the
district into three (3) governing body districts approximately equal
in population. Not more than one (1) year after the effective date of
each United States decennial census, the board of commissioners
shall readjust the boundaries of the districts to equalize the districts
by population.
(b) Instead of the division provided under subsection (a), any
resolution or petition provided in section 2(a) or 2(b) of this chapter
may:
(1) provide that the metropolitan school district to be created
shall be divided into two (2) or more governing body districts;
(2) describe the governing body member districts;
(3) provide that one (1) or more members of the governing body
must reside within each of the governing body member districts;
(4) set out the number of members to serve from each
designated district;
(5) provide that the governing body member districts need not
be equal in size or population, and that one (1) board member
district may include all the area in the metropolitan school
district;
(6) specify that the number of governing body members to be
resident in each district need not be an equal number; and
(7) eliminate all requirements that there be governing body
member districts.
(c) If the resolution or petition:
(1) does not provide for governing body member districts and
designate the number of governing body members to be resident
in each district; or
(2) provides for the elimination of governing body member
districts;
subsection (a) controls. If either subsection (a) or (b) applies,
candidates shall be voted upon by all the registered voters of the
metropolitan school district voting at any governing body member
election. As added by P.L.1-2005, SEC.7.
IC 20-23-7-5 Metropolitan board of education; membership powers and duties
Sec. 5. (a) The rights, powers, and duties of the metropolitan
school district shall be vested in the governing body that must be
composed of:
(1) three (3);
(2) five (5); or
(3) seven (7) members;
who have resided in the district for at least two (2) years before
taking office. The resolution or petition provided by section 2(a) or
2(b) of this chapter may designate the number of members of the
governing body. If a designation is not made concerning the number
of members of a governing body, the governing body is composed of
five (5) members.
(b) If section 4(a) of this chapter applies to a metropolitan school
district, the following rules apply:
(1) If the governing body consists of three (3) members, one (1)
member shall reside in each residence district.
(2) If the governing body consists of five (5) members, not more
than two (2) shall reside in any one (1) residence district.
(3) If the governing body consists of seven (7) members, at least
two (2) shall reside in any one (1) residence district.
(c) If a governing body member moves the member's residence
within the metropolitan school district from one (1) governing body
member district to another or when governing body member district
boundaries are moved so that the member's place of residence
changes from one (1) governing body member district to another, the
member does not on this account become disqualified as a governing
body member but may continue to hold office as a member of the
governing body. As added by P.L.1-2005, SEC.7.
IC 20-23-7-6 First metropolitan board of education; composition; meetings;
organization; compensation
Sec. 6. (a) The first metropolitan board of education shall be
composed of the:
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board of
education.
(b) The members of the metropolitan board of education shall
serve ex officio as members subject to the laws concerning length of
terms, powers of election, or appointment and filling vacancies
applicable to their respective offices.
(c) If a metropolitan school district is comprised of only two (2)
board members, the two (2) members shall appoint a third board
member not more than ten (10) days after the creation of the
metropolitan school district. If the two (2) members are unable to
agree on or do not make the appointment of a third board member
within the ten (10) day period after the creation of the metropolitan
school district, the third member shall be appointed not more than
twenty (20) days after the creation of the metropolitan school district
by the judge of the circuit court of the county in which the
metropolitan school district is located. If the metropolitan school
district is located in two (2) or more counties, the judge of the circuit
court of the county containing that part of the metropolitan school
district having more students than the part or parts located in another
county or counties shall appoint the third member. The members of
the metropolitan board of education serve until their successors are
elected or appointed and qualified.
(d) The first meeting of the first metropolitan board of education
shall be held not more than one (1) month after the creation of the
metropolitan school district. The first meeting shall be called by the
superintendent of schools, or township trustee of a school township,
of the school corporation in the district having the largest number of
students. At the first meeting, the board shall organize, and during
the first ten (10) days of each July the board shall reorganize, by
electing a president, a vice president, a secretary, and a treasurer.
(e) The secretary of the board shall keep an accurate record of the
minutes of the metropolitan board of education and the minutes shall
be kept in the superintendent's office. When a metropolitan school
district is formed, the metropolitan superintendent shall act as
administrator of the board and shall carry out the acts and duties as
designated by the board. A quorum consists of a majority of the
members of the board. A quorum is required for the transaction of
business. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described in
this section. Except in unusual cases, the board shall hold its
meetings at the office of the metropolitan superintendent or at a place
mutually designated by the board and the superintendent. Board
records are to be maintained and board business is to be conducted
from the office of the metropolitan superintendent or a place
designated by the board and the superintendent.
(g) The metropolitan board of education shall have the power to
pay to a member of the board:
(1) a reasonable per diem for service on the board not to exceed
one hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to the
amount per mile paid to state officers and employees. The rate
per mile shall change when the state government changes its
rate per mile. As added by P.L.1-2005, SEC.7.
IC 20-23-7-7 Transfer of authority from existing school corporations to
metropolitan districts
Sec. 7. (a) The transfer of:
(1) powers;
(2) duties;
(3) property;
(4) property rights;
(5) other assets;
(6) liabilities;
(7) contracts, both as to rights and obligations; and
(8) other issues connected with the transfer of authority from
existing school corporations to the metropolitan school district;
shall take place at the time of the first meeting of the metropolitan
board of education not more than one (1) month after the creation of
the board.
(b) The transfer of the items listed in subsection (a) are vested in
the metropolitan school district at the time of the first meeting of the
metropolitan board of education. As added by P.L.1-2005, SEC.7.
IC 20-23-7-8 Metropolitan board of education; nomination and election of
members
Sec. 8. (a) Members of the metropolitan board of education are
elected by the registered voters of the metropolitan school district at
the primary elections held biennially in the state, commencing with
the next primary election that is held more than sixty (60) days after
the creation of the metropolitan school district as provided in this
chapter. Nominations for a member of the board of education are
made by a petition signed by the nominee and by ten (10) registered
voters residing in the same board member district as the nominee. A
petition must be filed not earlier than the date that a petition of
nomination may first be filed under IC 3-8-6-10 and not later than
noon on the last date provided by IC 3-8-2-4 for the filing of a
declaration of candidacy for the primary election with the clerk of
the circuit court in each county where the metropolitan school
district is located.
(b) Nominees for school board members shall be listed on the
primary election ballot in the form prescribed by IC 3-10-1-19 by
board member districts without party designation. A ballot shall state
the number of board members to be voted upon and the maximum
number of board members who may be elected from each board
member district in compliance with section 5 of this chapter. A ballot
is not valid if more than the maximum number of board members are
voted upon from a board member district. The election boards in the
various precincts and in the county or counties serving at a primary
election shall conduct the election for school board members. A
registered voter may vote in a school board election without
otherwise voting in the primary election.
(c) Voting and tabulation of votes shall be conducted in the same
manner as voting and tabulation in primary elections are conducted,
and the candidates having the greatest number of votes shall be
elected. If more than the maximum number of candidates that may be
elected from a board member district, as provided in section 5 of this
chapter, are among those having the greatest number of votes, the
lowest of those candidates from the board member district in excess
of the maximum number must be eliminated in determining the
candidates who are elected. If there is a tie vote for the candidates,
the judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of the candidates who shall be declared and certified elected.
(d) If after the first board member election a vacancy on the board
occurs, including the failure of a sufficient number of petitions for
candidates being filed, and whether the vacating member was elected
or appointed, the remaining members of the metropolitan board of
education shall by a majority vote fill the vacancy by appointing a
person from the board member district that the person who vacated
the board membership was elected, or if the person was appointed,
the board member district from which the last elected predecessor of
the person was elected. If there is a tie vote among the remaining
members of the board or their failure to act not more than thirty (30)
days after the vacancy occurs, the judge of the circuit court in the
county where the majority of registered voters of the metropolitan
school district reside shall make the appointment. A successor to the
appointive board member shall be elected at the next primary
election that is held more than sixty (60) days after an elected board
member vacates membership on the board or at the primary election
held immediately before the end of the term for which the vacating
member was elected, whichever is sooner. Unless the successor takes
office at the end of the term of the vacating member, the member
shall serve only for the balance of the term. In an election of a
successor board member to fill a vacancy for a two (2) year balance
of a term, nominating petitions for school board membership
candidacy need not be filed for or with reference to the vacancy.
However, as required by IC 3-11-2-14.5, candidates for at-large seats
must be distinguished on the ballot from candidates for district seats.
If there is more than one (1) at-large seat on the ballot due to this
vacancy, the elected candidate who receives the lowest number of
votes at the election at which the successor is elected shall serve for
a two (2) year term.
(e) At the first primary election in which members of the
metropolitan board of education are elected under this section, a
simple majority of the elected candidates, consisting of those elected
candidates who receive the highest number of votes, are elected for
four (4) year terms, and the balance of the elected candidates,
consisting of those who received the lowest number of votes, are
elected for two (2) year terms. A candidate for membership on the
metropolitan board of education shall:
(1) be voted upon by the voters of the entire district;
(2) be elected for four (4) year terms after the first election; and
(3) take office and assume the duties of the office July 1
following their election. As added by P.L.1-2005, SEC.7.
IC 20-23-7-9 Voting method for metropolitan or consolidated school
corporations
Sec. 9. (a) This section applies to a metropolitan or consolidated
school corporation located in a county containing a consolidated city.
(b) The same method used to cast votes for other offices for which
candidates have qualified to be on the election ballot shall be used
for the school board offices on the election ballot. As added by P.L.1-2005, SEC.7.
IC 20-23-7-10 Metropolitan superintendent of schools appointment; terms of
contracts; term of office; duties of board
Sec. 10. (a) The metropolitan board of education shall appoint a
metropolitan superintendent of schools who shall serve under
contract in the same manner and under the same laws that govern the
employment and service of other licensed school personnel. The
metropolitan superintendent of schools' salary and expense
allowance is fixed by the metropolitan board of education. The
metropolitan superintendent of schools' original contract:
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitan
superintendent of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitan
superintendent of schools; and
(2) make other decisions and perform other duties as required
by law.
(d) A:
(1) county superintendent;
(2) city school superintendent; or
(3) town superintendent;
in a metropolitan school district shall continue in the superintendents'
respective employment at the same salary, paid in the same manner
and according to the same terms as agreed to before the formation of
the metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and
(2) designate:
(A) one (1) of the superintendents in the metropolitan school
district; or
(B) a competent and qualified person as determined by the
board;
to perform the duties of the metropolitan superintendent of the
metropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint a
superintendent of the metropolitan school district and other
administrative supervisory officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended;
or
(3) the previous superintendent:
(A) died; or
(B) resigned.
(g) The appointment and salary of the metropolitan superintendent
of schools appointed under subsection (f) shall be made, set, and paid
as provided in this chapter. As added by P.L.1-2005, SEC.7.
IC 20-23-7-11 Metropolitan school district in more than one county; special
duties
Sec. 11. If a metropolitan school district formed under this chapter
includes territory in more than one (1) county, the respective
counties, boards, commissions, and officers of each of the counties
shall perform duties required to form a metropolitan school district
jointly and severally, including:
(1) dividing the territory into board member districts;
(2) levying and collecting taxes;
(3) allocating receipts;
(4) filing petitions for nomination;
(5) printing and distributing ballots,
(6) tabulating and certifying election results; and
(7) filling vacancies. As added by P.L.1-2005, SEC.7.
IC 20-23-7-12 Metropolitan school districts in school townships; methods of
creation; membership of first metropolitan board of education;
duties
Sec. 12. (a) As used in this section, "county" means the county in
which the school township is located.
(b) As used in this section, "school township" means a school
township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township
trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the
township trustee and the township board under subsection
(g);
had an ADM of at least six hundred (600) students in
kindergarten through grade 12 in the public schools of the
school township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township
trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school
district created under this section shall have the same boundaries as
the school township. After a district has been created under this
section, the school township that preceded the metropolitan school
district is abolished. The procedures or provisions governing the
creation of a metropolitan school district under another section of
this chapter do not apply to the creation of a district under this
section. After a metropolitan school district is created under this
section, the district shall, except as otherwise provided in this
section, be governed by and operate in accordance with this chapter
governing the operation of a metropolitan school district as
established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of
the township board shall adopt a resolution that a metropolitan
school district shall be created in the school township. The
township trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a
newspaper of general circulation published in the school
township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of
the notice under subdivision (1) and if a protest has not been
filed, the township trustee and a majority of the township board
shall confirm their preliminary resolution. If, however, on or
before the twenty-ninth day after the date of the last publication
of the notice, a number of registered voters of the school
township, equal to five percent (5%) or more of the number of
votes cast in the school township for secretary of state at the last
preceding general election for that office, sign and file with the
township trustee a petition requesting an election in the school
township to determine whether or not a metropolitan school
district must be created in the township in accordance with the
preliminary resolution, then an election must be held as
provided in subsection (h). The preliminary resolution and
confirming resolution provided in this subsection shall both be
adopted at a meeting of the township trustee and township
board in which the township trustee and each member of the
township board received or waived a written notice of the date,
time, place, and purpose of the meeting. The resolution and the
proof of service or waiver of the notice shall be made a part of
the records of the township board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for
that office, shall sign and file with the township trustee a
petition requesting the creation of a metropolitan school district
under this section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed
as provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the
district.
(3) If either the township trustee or a majority of township
board members vote in favor of disapproving the resolution, an
election must be held to determine whether or not a
metropolitan school district shall be created in the school
township in the same manner as is provided in subsection (f) if
an election is requested by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or
in conjunction with a primary or general election to be held not more
than one hundred twenty (120) days after the filing of a petition
under subsection (f) or the adoption of the disapproving resolution
under subsection (g). The township trustee shall certify the question
to the county election board under IC 3-10-9-3 and give notice of an
election:
(1) by two (2) publications one (1) week apart in a newspaper
of general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist,
in a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice,
the polls shall be opened at the usual voting places in the various
precincts in the school township for the purpose of taking the vote of
the registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more
than thirty (30) days after the last publication of the notice unless a
primary or general election will be conducted not more than six (6)
months after the publication. In that case, the county election board
shall place the public question on the ballot at the primary or general
election. If the election is to be a special election, the township
trustee shall give notice not more than thirty (30) days after the filing
of the petition or the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether
a metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this
chapter. The county election board shall conduct the election. The
public question shall be placed on the ballot in the form prescribed
by IC 3-10-9-4 and must state, "Shall a metropolitan school district
under IC 20-23-7 be formed in the ____________ School Township
of _____________ County, Indiana?". The name of the school
township shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in
the school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the
township board and recorded with the county recorder. If the special
election is not conducted at a primary or general election, the school
township shall pay the expense of holding the election out of the
school general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption
of the confirming resolution under subsection (f) or an election held
under subsection (h). If a public official fails to do the official's duty
within the time prescribed in this section, the failure does not
invalidate the proceedings taken under this section. An action to
contest the validity of the creation of a metropolitan school district
under this section or to enjoin the operation of a metropolitan school
district may not be instituted later than the thirtieth day following the
date of the adoption of the confirming resolution under subsection (f)
or of the election held under subsection (h). Except as provided in
this section, an election under this subsection may not be held sooner
than twelve (12) months after another election held under subsection
(h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5)
members. The township trustee and the township board members are
ex officio members of the first board, subject to the laws concerning
length of their respective terms of office, manner of election or
appointment, and the filling of vacancies applicable to their
respective offices. The ex officio members serve without
compensation or reimbursement for expenses, other than that which
they may receive from their respective offices. The township board
shall, by a resolution recorded in its records, appoint the fifth
member of the metropolitan board of education. The fifth member
shall meet the qualifications of a member of a metropolitan board of
education under this chapter, with the exception of the board member
district requirements provided in sections 4, 5, and 8 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected,
on a date established by the township board in the resolution in
which it appoints the fifth board member. The first board shall serve
until July 1 following the election of a metropolitan school board at
the first primary election held more than sixty (60) days following
the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and
perform the duties on the county board of education that were
previously performed by the township trustee. The metropolitan
school board and superintendent of the district may call upon the
assistance of and use the services provided by the county
superintendent of schools. This subsection does not limit or take
away the powers, rights, privileges, or duties of the metropolitan
school district or the board or superintendent of the district provided
in this chapter. As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.317;
P.L.2-2006, SEC.98; P.L.1-2007, SEC.143.
IC 20-23-7-13 Specification of date of creation of school corporations or school
districts in petitions or resolutions
Sec. 13. In the resolution creating a county school corporation or
metropolitan school district or in the petitions requesting the creation
of or requesting a referendum on the question of creating a
corporation or district under section 2 or 12 of this chapter, the
resolutions or petitions may specify when a school corporation or
school district shall be created and the corporation or district shall
then be created at the time provided in the resolutions or petitions. As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.23.
IC 20-23-7
Chapter 7. Consolidation of County School Corporations and
Metropolitan School Districts
IC 20-23-7-1 Purpose
Sec. 1. It is the purpose of this chapter to provide for the
organization of public schools in Indiana to:
(1) promote the best interests of the students of Indiana;
(2) provide for the organization of additional forms of local
school government;
(3) preserve and ensure an economical and efficient school
system in accordance with the desires of the people in local
communities; and
(4) improve the education of the students of Indiana as
guaranteed by the laws and Constitution of the State of Indiana. As added by P.L.1-2005, SEC.7.
IC 20-23-7-2 Metropolitan school district; consolidation procedure
Sec. 2. (a) In any county or adjoining counties at least two (2)
school corporations, including school townships, school towns,
school cities, consolidated school corporations, joint schools,
metropolitan school districts, township school districts, or
community school corporations, regardless of whether the
consolidating school corporations are of the same or of a different
character, may consolidate into one (1) metropolitan school district.
Subject to subsection (h), the consolidation must be initiated by
following either of the following procedures:
(1) The township trustee, board of school trustees, board of
education, or other governing body (the trustee, board, or other
governing body is referred to elsewhere in this section as the
"governing body") of each school corporation to be
consolidated shall:
(A) adopt substantially identical resolutions providing for
the consolidation; and
(B) publish a notice setting out the text of the resolution one
(1) time under IC 5-3-1.
The resolution must set forth any provision for staggering the
terms of the board members of the metropolitan school district
elected under this chapter. If, not more than thirty (30) days
after publication of the resolution, a petition of protest, signed
by at least twenty percent (20%) of the registered voters
residing in the school corporation is filed with the clerk of the
circuit court of each county where the voters who are eligible
to sign the petition reside, a referendum election shall be held
as provided in subsection (c).
(2) Instead of the adoption of substantially identical resolutions
in each of the proposed consolidating school corporations under
subdivision (1), a referendum election under subsection (c)
shall be held on the occurrence of all of the following:
(A) At least twenty percent (20%) of the registered voters
residing in a particular school corporation sign a petition
requesting that the school corporation consolidate with
another school corporation (referred to in this subsection as
"the responding school corporation").
(B) The petition described in clause (A) is filed with the
clerk of the circuit court of each county where the voters
who are eligible to sign the petition reside.
(C) Not more than thirty (30) days after the service of the
petition by the clerk of the circuit court to the governing
body of the responding school corporation under subsection
(b) and the certification of signatures on the petition occurs
under subsection (b), the governing body of the responding
school corporation adopts a resolution approving the petition
and providing for the consolidation.
(D) An approving resolution has the same effect as the
substantially identical resolutions adopted by the governing
bodies under subdivision (1), and the governing bodies shall
publish the notice provided under subdivision (1) not more
than fifteen (15) days after the approving resolution is
adopted. However, if a governing body that is a party to the
consolidation fails to publish notice within the required
fifteen (15) day time period, a referendum election still must
be held as provided in subsection (c).
If the governing body of the responding school corporation does
not act on the petition within the thirty (30) day period
described in clause (C), the governing body's inaction
constitutes a disapproval of the petition request. If the
governing body of the responding school corporation adopts a
resolution disapproving the petition or fails to act within the
thirty (30) day period, a referendum election as described in
subsection (c) may not be held and the petition requesting the
consolidation is defeated.
(b) Any petition of protest under subsection (a)(1) or a petition
requesting consolidation under subsection (a)(2) must show in the
petition the date on which each person has signed the petition and the
person's residence on that date. The petition may be executed in
several counterparts, the total of which constitutes the petition. Each
counterpart must contain the names of voters residing within a single
county and shall be filed with the clerk of the circuit court of the
county. Each counterpart must have attached to it the affidavit of the
person circulating the counterpart that each signature appearing on
the counterpart was affixed in that person's presence and is the true
and lawful signature of each person who made the signature. Any
signer may file the petition or any counterpart of the petition. Each
signer on the petition may before and may not after the filing with
the clerk withdraw the signer's name from the petition. A name may
not be added to the petition after the petition has been filed with the
clerk. After the receipt of any counterpart of the petition, each circuit
court clerk shall certify:
(1) the number of persons signing the counterpart;
(2) the number of persons who are registered voters residing
within that part of the school corporation located within the
clerk's county, as disclosed by the voter registration records in
the office of the clerk or the board of registration of the county,
or wherever registration records may be kept;
(3) the total number of registered voters residing within the
boundaries of that part of the school corporation located within
the county, as disclosed in the voter registration records; and
(4) the date of the filing of the petition.
Certification shall be made by each clerk of the circuit court not
more than thirty (30) days after the filing of the petition, excluding
from the calculation of the period any time during which the
registration records are unavailable to the clerk, or 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 of the circuit court shall disregard any signature on the petition
not made within the ninety (90) days immediately before the filing
of the petition with the clerk as shown by the dates set out in the
petition. The clerk of the circuit court shall establish a record of the
certification in the clerk's office and shall serve the original petition
and a copy of the certification on the county election board under
IC 3-10-9-3 and the governing bodies of each affected school
corporation. Service shall be made by mail or manual delivery to the
governing bodies, to any officer of the governing bodies, or to the
administrative office of the governing bodies, if any, and shall be
made for all purposes of this section on the day of the mailing or the
date of the manual delivery.
(c) The county election board in each county where the proposed
metropolitan school district is located, acting jointly where the
proposed metropolitan school district is created and where it is
located in more than one (1) county, shall cause any referendum
election required under either subsection (a)(1) or (a)(2) to be held
in the entire proposed metropolitan district at a special election. The
special election shall be not less than sixty (60) days and not more
than ninety (90) days after the service of the petition of protest and
certification by each clerk of the circuit court under subsection (a)(1)
or (a)(2) or after the occurrence of the first action requiring a
referendum under subsection (a)(2). However, if a primary or general
election at which county officials are to be nominated or elected, or
at which city or town officials are to be elected in those areas of the
proposed metropolitan school district that are within the city or town,
is to be held after the sixty (60) days and not more than six (6)
months after the service or the occurrence of the first action, each
election board may hold the referendum election with the primary or
general election.
(d) Notice of the special election shall be given by each election
board by publication under IC 5-3-1.
(e) Except where it conflicts with this section or cannot be
practicably applied, IC 3 applies to the conduct of the referendum
election. If the referendum election is not conducted at a primary or
general election, the cost of conducting the election shall be charged
to each component school corporation included in the proposed
metropolitan school district in the same proportion as its assessed
valuation bears to the total assessed valuation of the proposed
metropolitan school district and shall be paid from any current
operating fund of each component school corporation not otherwise
appropriated, without appropriation.
(f) The question in the referendum election shall be placed on the
ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
school corporations of _________ be formed into one (1)
metropolitan school district under IC 20-23-7?" (in which blanks the
respective name of the school districts concerned will be inserted).
(g) If:
(1) a protest petition with the required signatures is not filed
after the adoption of substantially identical resolutions of the
governing bodies providing for or approving the consolidation
as described in subsection (a)(1); or
(2) a referendum election occurs in the entire proposed
metropolitan district and a majority of the voters in each
proposed consolidating school corporation vote in the
affirmative;
a metropolitan school district is created and comes into existence in
the territory subject to the provisions and under the conditions
described in this chapter. The boundaries include all of the territory
within the school corporations, and it shall be known as
"Metropolitan School District of _______, Indiana" (the name of the
district concerned will be inserted in the blank). The name of the
district shall be decided by a majority vote of the metropolitan
governing board of the metropolitan school district at the first
meeting. The metropolitan governing board of the new metropolitan
school district shall be composed and elected under this chapter. The
failure of any public official or body to perform any duty within the
time provided in this chapter does not invalidate any proceedings
taken by that official or body, but this provision shall not be
construed to authorize a delay in the holding of a referendum election
under this chapter.
(h) If the governing body of a school corporation is involved in a
consolidation proposal under subsection (a)(1) or (a)(2) that fails to
result in a consolidation, the:
(1) governing body of the school corporation may not initiate a
subsequent consolidation with another school corporation under
subsection (a)(1); and
(2) residents of the school corporation may not file a petition
requesting a consolidation with another school corporation
under subsection (a)(2);
for one (1) year after the date on which the prior consolidation
proposal failed. As added by P.L.1-2005, SEC.7. IC 20-23-7-3 Metropolitan school district; duties
Sec. 3. (a) The metropolitan school district shall conduct the
educational activities of all the schools in the district in compliance
with:
(1) state law; and
(2) the laws of the state of Indiana with reference to public
education.
(b) The control and administration of the schools of the
metropolitan school district are vested in a governing body whose:
(1) composition;
(2) duties;
(3) manner of election; and
(4) powers;
are described in this chapter. As added by P.L.1-2005, SEC.7.
IC 20-23-7-4 Metropolitan school district; division into board member districts
Sec. 4. (a) At the first meeting of the board of commissioners of
the county after the creation of the metropolitan school district as
provided in this chapter, the board of commissioners shall divide the
district into three (3) governing body districts approximately equal
in population. Not more than one (1) year after the effective date of
each United States decennial census, the board of commissioners
shall readjust the boundaries of the districts to equalize the districts
by population.
(b) Instead of the division provided under subsection (a), any
resolution or petition provided in section 2(a) or 2(b) of this chapter
may:
(1) provide that the metropolitan school district to be created
shall be divided into two (2) or more governing body districts;
(2) describe the governing body member districts;
(3) provide that one (1) or more members of the governing body
must reside within each of the governing body member districts;
(4) set out the number of members to serve from each
designated district;
(5) provide that the governing body member districts need not
be equal in size or population, and that one (1) board member
district may include all the area in the metropolitan school
district;
(6) specify that the number of governing body members to be
resident in each district need not be an equal number; and
(7) eliminate all requirements that there be governing body
member districts.
(c) If the resolution or petition:
(1) does not provide for governing body member districts and
designate the number of governing body members to be resident
in each district; or
(2) provides for the elimination of governing body member
districts;
subsection (a) controls. If either subsection (a) or (b) applies,
candidates shall be voted upon by all the registered voters of the
metropolitan school district voting at any governing body member
election. As added by P.L.1-2005, SEC.7.
IC 20-23-7-5 Metropolitan board of education; membership powers and duties
Sec. 5. (a) The rights, powers, and duties of the metropolitan
school district shall be vested in the governing body that must be
composed of:
(1) three (3);
(2) five (5); or
(3) seven (7) members;
who have resided in the district for at least two (2) years before
taking office. The resolution or petition provided by section 2(a) or
2(b) of this chapter may designate the number of members of the
governing body. If a designation is not made concerning the number
of members of a governing body, the governing body is composed of
five (5) members.
(b) If section 4(a) of this chapter applies to a metropolitan school
district, the following rules apply:
(1) If the governing body consists of three (3) members, one (1)
member shall reside in each residence district.
(2) If the governing body consists of five (5) members, not more
than two (2) shall reside in any one (1) residence district.
(3) If the governing body consists of seven (7) members, at least
two (2) shall reside in any one (1) residence district.
(c) If a governing body member moves the member's residence
within the metropolitan school district from one (1) governing body
member district to another or when governing body member district
boundaries are moved so that the member's place of residence
changes from one (1) governing body member district to another, the
member does not on this account become disqualified as a governing
body member but may continue to hold office as a member of the
governing body. As added by P.L.1-2005, SEC.7.
IC 20-23-7-6 First metropolitan board of education; composition; meetings;
organization; compensation
Sec. 6. (a) The first metropolitan board of education shall be
composed of the:
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board of
education.
(b) The members of the metropolitan board of education shall
serve ex officio as members subject to the laws concerning length of
terms, powers of election, or appointment and filling vacancies
applicable to their respective offices.
(c) If a metropolitan school district is comprised of only two (2)
board members, the two (2) members shall appoint a third board
member not more than ten (10) days after the creation of the
metropolitan school district. If the two (2) members are unable to
agree on or do not make the appointment of a third board member
within the ten (10) day period after the creation of the metropolitan
school district, the third member shall be appointed not more than
twenty (20) days after the creation of the metropolitan school district
by the judge of the circuit court of the county in which the
metropolitan school district is located. If the metropolitan school
district is located in two (2) or more counties, the judge of the circuit
court of the county containing that part of the metropolitan school
district having more students than the part or parts located in another
county or counties shall appoint the third member. The members of
the metropolitan board of education serve until their successors are
elected or appointed and qualified.
(d) The first meeting of the first metropolitan board of education
shall be held not more than one (1) month after the creation of the
metropolitan school district. The first meeting shall be called by the
superintendent of schools, or township trustee of a school township,
of the school corporation in the district having the largest number of
students. At the first meeting, the board shall organize, and during
the first ten (10) days of each July the board shall reorganize, by
electing a president, a vice president, a secretary, and a treasurer.
(e) The secretary of the board shall keep an accurate record of the
minutes of the metropolitan board of education and the minutes shall
be kept in the superintendent's office. When a metropolitan school
district is formed, the metropolitan superintendent shall act as
administrator of the board and shall carry out the acts and duties as
designated by the board. A quorum consists of a majority of the
members of the board. A quorum is required for the transaction of
business. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described in
this section. Except in unusual cases, the board shall hold its
meetings at the office of the metropolitan superintendent or at a place
mutually designated by the board and the superintendent. Board
records are to be maintained and board business is to be conducted
from the office of the metropolitan superintendent or a place
designated by the board and the superintendent.
(g) The metropolitan board of education shall have the power to
pay to a member of the board:
(1) a reasonable per diem for service on the board not to exceed
one hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to the
amount per mile paid to state officers and employees. The rate
per mile shall change when the state government changes its
rate per mile. As added by P.L.1-2005, SEC.7.
IC 20-23-7-7 Transfer of authority from existing school corporations to
metropolitan districts
Sec. 7. (a) The transfer of:
(1) powers;
(2) duties;
(3) property;
(4) property rights;
(5) other assets;
(6) liabilities;
(7) contracts, both as to rights and obligations; and
(8) other issues connected with the transfer of authority from
existing school corporations to the metropolitan school district;
shall take place at the time of the first meeting of the metropolitan
board of education not more than one (1) month after the creation of
the board.
(b) The transfer of the items listed in subsection (a) are vested in
the metropolitan school district at the time of the first meeting of the
metropolitan board of education. As added by P.L.1-2005, SEC.7.
IC 20-23-7-8 Metropolitan board of education; nomination and election of
members
Sec. 8. (a) Members of the metropolitan board of education are
elected by the registered voters of the metropolitan school district at
the primary elections held biennially in the state, commencing with
the next primary election that is held more than sixty (60) days after
the creation of the metropolitan school district as provided in this
chapter. Nominations for a member of the board of education are
made by a petition signed by the nominee and by ten (10) registered
voters residing in the same board member district as the nominee. A
petition must be filed not earlier than the date that a petition of
nomination may first be filed under IC 3-8-6-10 and not later than
noon on the last date provided by IC 3-8-2-4 for the filing of a
declaration of candidacy for the primary election with the clerk of
the circuit court in each county where the metropolitan school
district is located.
(b) Nominees for school board members shall be listed on the
primary election ballot in the form prescribed by IC 3-10-1-19 by
board member districts without party designation. A ballot shall state
the number of board members to be voted upon and the maximum
number of board members who may be elected from each board
member district in compliance with section 5 of this chapter. A ballot
is not valid if more than the maximum number of board members are
voted upon from a board member district. The election boards in the
various precincts and in the county or counties serving at a primary
election shall conduct the election for school board members. A
registered voter may vote in a school board election without
otherwise voting in the primary election.
(c) Voting and tabulation of votes shall be conducted in the same
manner as voting and tabulation in primary elections are conducted,
and the candidates having the greatest number of votes shall be
elected. If more than the maximum number of candidates that may be
elected from a board member district, as provided in section 5 of this
chapter, are among those having the greatest number of votes, the
lowest of those candidates from the board member district in excess
of the maximum number must be eliminated in determining the
candidates who are elected. If there is a tie vote for the candidates,
the judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of the candidates who shall be declared and certified elected.
(d) If after the first board member election a vacancy on the board
occurs, including the failure of a sufficient number of petitions for
candidates being filed, and whether the vacating member was elected
or appointed, the remaining members of the metropolitan board of
education shall by a majority vote fill the vacancy by appointing a
person from the board member district that the person who vacated
the board membership was elected, or if the person was appointed,
the board member district from which the last elected predecessor of
the person was elected. If there is a tie vote among the remaining
members of the board or their failure to act not more than thirty (30)
days after the vacancy occurs, the judge of the circuit court in the
county where the majority of registered voters of the metropolitan
school district reside shall make the appointment. A successor to the
appointive board member shall be elected at the next primary
election that is held more than sixty (60) days after an elected board
member vacates membership on the board or at the primary election
held immediately before the end of the term for which the vacating
member was elected, whichever is sooner. Unless the successor takes
office at the end of the term of the vacating member, the member
shall serve only for the balance of the term. In an election of a
successor board member to fill a vacancy for a two (2) year balance
of a term, nominating petitions for school board membership
candidacy need not be filed for or with reference to the vacancy.
However, as required by IC 3-11-2-14.5, candidates for at-large seats
must be distinguished on the ballot from candidates for district seats.
If there is more than one (1) at-large seat on the ballot due to this
vacancy, the elected candidate who receives the lowest number of
votes at the election at which the successor is elected shall serve for
a two (2) year term.
(e) At the first primary election in which members of the
metropolitan board of education are elected under this section, a
simple majority of the elected candidates, consisting of those elected
candidates who receive the highest number of votes, are elected for
four (4) year terms, and the balance of the elected candidates,
consisting of those who received the lowest number of votes, are
elected for two (2) year terms. A candidate for membership on the
metropolitan board of education shall:
(1) be voted upon by the voters of the entire district;
(2) be elected for four (4) year terms after the first election; and
(3) take office and assume the duties of the office July 1
following their election. As added by P.L.1-2005, SEC.7.
IC 20-23-7-9 Voting method for metropolitan or consolidated school
corporations
Sec. 9. (a) This section applies to a metropolitan or consolidated
school corporation located in a county containing a consolidated city.
(b) The same method used to cast votes for other offices for which
candidates have qualified to be on the election ballot shall be used
for the school board offices on the election ballot. As added by P.L.1-2005, SEC.7.
IC 20-23-7-10 Metropolitan superintendent of schools appointment; terms of
contracts; term of office; duties of board
Sec. 10. (a) The metropolitan board of education shall appoint a
metropolitan superintendent of schools who shall serve under
contract in the same manner and under the same laws that govern the
employment and service of other licensed school personnel. The
metropolitan superintendent of schools' salary and expense
allowance is fixed by the metropolitan board of education. The
metropolitan superintendent of schools' original contract:
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitan
superintendent of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitan
superintendent of schools; and
(2) make other decisions and perform other duties as required
by law.
(d) A:
(1) county superintendent;
(2) city school superintendent; or
(3) town superintendent;
in a metropolitan school district shall continue in the superintendents'
respective employment at the same salary, paid in the same manner
and according to the same terms as agreed to before the formation of
the metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and
(2) designate:
(A) one (1) of the superintendents in the metropolitan school
district; or
(B) a competent and qualified person as determined by the
board;
to perform the duties of the metropolitan superintendent of the
metropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint a
superintendent of the metropolitan school district and other
administrative supervisory officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended;
or
(3) the previous superintendent:
(A) died; or
(B) resigned.
(g) The appointment and salary of the metropolitan superintendent
of schools appointed under subsection (f) shall be made, set, and paid
as provided in this chapter. As added by P.L.1-2005, SEC.7.
IC 20-23-7-11 Metropolitan school district in more than one county; special
duties
Sec. 11. If a metropolitan school district formed under this chapter
includes territory in more than one (1) county, the respective
counties, boards, commissions, and officers of each of the counties
shall perform duties required to form a metropolitan school district
jointly and severally, including:
(1) dividing the territory into board member districts;
(2) levying and collecting taxes;
(3) allocating receipts;
(4) filing petitions for nomination;
(5) printing and distributing ballots,
(6) tabulating and certifying election results; and
(7) filling vacancies. As added by P.L.1-2005, SEC.7.
IC 20-23-7-12 Metropolitan school districts in school townships; methods of
creation; membership of first metropolitan board of education;
duties
Sec. 12. (a) As used in this section, "county" means the county in
which the school township is located.
(b) As used in this section, "school township" means a school
township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township
trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the
township trustee and the township board under subsection
(g);
had an ADM of at least six hundred (600) students in
kindergarten through grade 12 in the public schools of the
school township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township
trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school
district created under this section shall have the same boundaries as
the school township. After a district has been created under this
section, the school township that preceded the metropolitan school
district is abolished. The procedures or provisions governing the
creation of a metropolitan school district under another section of
this chapter do not apply to the creation of a district under this
section. After a metropolitan school district is created under this
section, the district shall, except as otherwise provided in this
section, be governed by and operate in accordance with this chapter
governing the operation of a metropolitan school district as
established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of
the township board shall adopt a resolution that a metropolitan
school district shall be created in the school township. The
township trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a
newspaper of general circulation published in the school
township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of
the notice under subdivision (1) and if a protest has not been
filed, the township trustee and a majority of the township board
shall confirm their preliminary resolution. If, however, on or
before the twenty-ninth day after the date of the last publication
of the notice, a number of registered voters of the school
township, equal to five percent (5%) or more of the number of
votes cast in the school township for secretary of state at the last
preceding general election for that office, sign and file with the
township trustee a petition requesting an election in the school
township to determine whether or not a metropolitan school
district must be created in the township in accordance with the
preliminary resolution, then an election must be held as
provided in subsection (h). The preliminary resolution and
confirming resolution provided in this subsection shall both be
adopted at a meeting of the township trustee and township
board in which the township trustee and each member of the
township board received or waived a written notice of the date,
time, place, and purpose of the meeting. The resolution and the
proof of service or waiver of the notice shall be made a part of
the records of the township board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for
that office, shall sign and file with the township trustee a
petition requesting the creation of a metropolitan school district
under this section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed
as provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the
district.
(3) If either the township trustee or a majority of township
board members vote in favor of disapproving the resolution, an
election must be held to determine whether or not a
metropolitan school district shall be created in the school
township in the same manner as is provided in subsection (f) if
an election is requested by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or
in conjunction with a primary or general election to be held not more
than one hundred twenty (120) days after the filing of a petition
under subsection (f) or the adoption of the disapproving resolution
under subsection (g). The township trustee shall certify the question
to the county election board under IC 3-10-9-3 and give notice of an
election:
(1) by two (2) publications one (1) week apart in a newspaper
of general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist,
in a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice,
the polls shall be opened at the usual voting places in the various
precincts in the school township for the purpose of taking the vote of
the registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more
than thirty (30) days after the last publication of the notice unless a
primary or general election will be conducted not more than six (6)
months after the publication. In that case, the county election board
shall place the public question on the ballot at the primary or general
election. If the election is to be a special election, the township
trustee shall give notice not more than thirty (30) days after the filing
of the petition or the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether
a metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this
chapter. The county election board shall conduct the election. The
public question shall be placed on the ballot in the form prescribed
by IC 3-10-9-4 and must state, "Shall a metropolitan school district
under IC 20-23-7 be formed in the ____________ School Township
of _____________ County, Indiana?". The name of the school
township shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in
the school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the
township board and recorded with the county recorder. If the special
election is not conducted at a primary or general election, the school
township shall pay the expense of holding the election out of the
school general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption
of the confirming resolution under subsection (f) or an election held
under subsection (h). If a public official fails to do the official's duty
within the time prescribed in this section, the failure does not
invalidate the proceedings taken under this section. An action to
contest the validity of the creation of a metropolitan school district
under this section or to enjoin the operation of a metropolitan school
district may not be instituted later than the thirtieth day following the
date of the adoption of the confirming resolution under subsection (f)
or of the election held under subsection (h). Except as provided in
this section, an election under this subsection may not be held sooner
than twelve (12) months after another election held under subsection
(h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5)
members. The township trustee and the township board members are
ex officio members of the first board, subject to the laws concerning
length of their respective terms of office, manner of election or
appointment, and the filling of vacancies applicable to their
respective offices. The ex officio members serve without
compensation or reimbursement for expenses, other than that which
they may receive from their respective offices. The township board
shall, by a resolution recorded in its records, appoint the fifth
member of the metropolitan board of education. The fifth member
shall meet the qualifications of a member of a metropolitan board of
education under this chapter, with the exception of the board member
district requirements provided in sections 4, 5, and 8 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected,
on a date established by the township board in the resolution in
which it appoints the fifth board member. The first board shall serve
until July 1 following the election of a metropolitan school board at
the first primary election held more than sixty (60) days following
the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and
perform the duties on the county board of education that were
previously performed by the township trustee. The metropolitan
school board and superintendent of the district may call upon the
assistance of and use the services provided by the county
superintendent of schools. This subsection does not limit or take
away the powers, rights, privileges, or duties of the metropolitan
school district or the board or superintendent of the district provided
in this chapter. As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.317;
P.L.2-2006, SEC.98; P.L.1-2007, SEC.143.
IC 20-23-7-13 Specification of date of creation of school corporations or school
districts in petitions or resolutions
Sec. 13. In the resolution creating a county school corporation or
metropolitan school district or in the petitions requesting the creation
of or requesting a referendum on the question of creating a
corporation or district under section 2 or 12 of this chapter, the
resolutions or petitions may specify when a school corporation or
school district shall be created and the corporation or district shall
then be created at the time provided in the resolutions or petitions. As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.23.
IC 20-23-7
Chapter 7. Consolidation of County School Corporations and
Metropolitan School Districts
IC 20-23-7-1 Purpose
Sec. 1. It is the purpose of this chapter to provide for the
organization of public schools in Indiana to:
(1) promote the best interests of the students of Indiana;
(2) provide for the organization of additional forms of local
school government;
(3) preserve and ensure an economical and efficient school
system in accordance with the desires of the people in local
communities; and
(4) improve the education of the students of Indiana as
guaranteed by the laws and Constitution of the State of Indiana. As added by P.L.1-2005, SEC.7.
IC 20-23-7-2 Metropolitan school district; consolidation procedure
Sec. 2. (a) In any county or adjoining counties at least two (2)
school corporations, including school townships, school towns,
school cities, consolidated school corporations, joint schools,
metropolitan school districts, township school districts, or
community school corporations, regardless of whether the
consolidating school corporations are of the same or of a different
character, may consolidate into one (1) metropolitan school district.
Subject to subsection (h), the consolidation must be initiated by
following either of the following procedures:
(1) The township trustee, board of school trustees, board of
education, or other governing body (the trustee, board, or other
governing body is referred to elsewhere in this section as the
"governing body") of each school corporation to be
consolidated shall:
(A) adopt substantially identical resolutions providing for
the consolidation; and
(B) publish a notice setting out the text of the resolution one
(1) time under IC 5-3-1.
The resolution must set forth any provision for staggering the
terms of the board members of the metropolitan school district
elected under this chapter. If, not more than thirty (30) days
after publication of the resolution, a petition of protest, signed
by at least twenty percent (20%) of the registered voters
residing in the school corporation is filed with the clerk of the
circuit court of each county where the voters who are eligible
to sign the petition reside, a referendum election shall be held
as provided in subsection (c).
(2) Instead of the adoption of substantially identical resolutions
in each of the proposed consolidating school corporations under
subdivision (1), a referendum election under subsection (c)
shall be held on the occurrence of all of the following:
(A) At least twenty percent (20%) of the registered voters
residing in a particular school corporation sign a petition
requesting that the school corporation consolidate with
another school corporation (referred to in this subsection as
"the responding school corporation").
(B) The petition described in clause (A) is filed with the
clerk of the circuit court of each county where the voters
who are eligible to sign the petition reside.
(C) Not more than thirty (30) days after the service of the
petition by the clerk of the circuit court to the governing
body of the responding school corporation under subsection
(b) and the certification of signatures on the petition occurs
under subsection (b), the governing body of the responding
school corporation adopts a resolution approving the petition
and providing for the consolidation.
(D) An approving resolution has the same effect as the
substantially identical resolutions adopted by the governing
bodies under subdivision (1), and the governing bodies shall
publish the notice provided under subdivision (1) not more
than fifteen (15) days after the approving resolution is
adopted. However, if a governing body that is a party to the
consolidation fails to publish notice within the required
fifteen (15) day time period, a referendum election still must
be held as provided in subsection (c).
If the governing body of the responding school corporation does
not act on the petition within the thirty (30) day period
described in clause (C), the governing body's inaction
constitutes a disapproval of the petition request. If the
governing body of the responding school corporation adopts a
resolution disapproving the petition or fails to act within the
thirty (30) day period, a referendum election as described in
subsection (c) may not be held and the petition requesting the
consolidation is defeated.
(b) Any petition of protest under subsection (a)(1) or a petition
requesting consolidation under subsection (a)(2) must show in the
petition the date on which each person has signed the petition and the
person's residence on that date. The petition may be executed in
several counterparts, the total of which constitutes the petition. Each
counterpart must contain the names of voters residing within a single
county and shall be filed with the clerk of the circuit court of the
county. Each counterpart must have attached to it the affidavit of the
person circulating the counterpart that each signature appearing on
the counterpart was affixed in that person's presence and is the true
and lawful signature of each person who made the signature. Any
signer may file the petition or any counterpart of the petition. Each
signer on the petition may before and may not after the filing with
the clerk withdraw the signer's name from the petition. A name may
not be added to the petition after the petition has been filed with the
clerk. After the receipt of any counterpart of the petition, each circuit
court clerk shall certify:
(1) the number of persons signing the counterpart;
(2) the number of persons who are registered voters residing
within that part of the school corporation located within the
clerk's county, as disclosed by the voter registration records in
the office of the clerk or the board of registration of the county,
or wherever registration records may be kept;
(3) the total number of registered voters residing within the
boundaries of that part of the school corporation located within
the county, as disclosed in the voter registration records; and
(4) the date of the filing of the petition.
Certification shall be made by each clerk of the circuit court not
more than thirty (30) days after the filing of the petition, excluding
from the calculation of the period any time during which the
registration records are unavailable to the clerk, or 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 of the circuit court shall disregard any signature on the petition
not made within the ninety (90) days immediately before the filing
of the petition with the clerk as shown by the dates set out in the
petition. The clerk of the circuit court shall establish a record of the
certification in the clerk's office and shall serve the original petition
and a copy of the certification on the county election board under
IC 3-10-9-3 and the governing bodies of each affected school
corporation. Service shall be made by mail or manual delivery to the
governing bodies, to any officer of the governing bodies, or to the
administrative office of the governing bodies, if any, and shall be
made for all purposes of this section on the day of the mailing or the
date of the manual delivery.
(c) The county election board in each county where the proposed
metropolitan school district is located, acting jointly where the
proposed metropolitan school district is created and where it is
located in more than one (1) county, shall cause any referendum
election required under either subsection (a)(1) or (a)(2) to be held
in the entire proposed metropolitan district at a special election. The
special election shall be not less than sixty (60) days and not more
than ninety (90) days after the service of the petition of protest and
certification by each clerk of the circuit court under subsection (a)(1)
or (a)(2) or after the occurrence of the first action requiring a
referendum under subsection (a)(2). However, if a primary or general
election at which county officials are to be nominated or elected, or
at which city or town officials are to be elected in those areas of the
proposed metropolitan school district that are within the city or town,
is to be held after the sixty (60) days and not more than six (6)
months after the service or the occurrence of the first action, each
election board may hold the referendum election with the primary or
general election.
(d) Notice of the special election shall be given by each election
board by publication under IC 5-3-1.
(e) Except where it conflicts with this section or cannot be
practicably applied, IC 3 applies to the conduct of the referendum
election. If the referendum election is not conducted at a primary or
general election, the cost of conducting the election shall be charged
to each component school corporation included in the proposed
metropolitan school district in the same proportion as its assessed
valuation bears to the total assessed valuation of the proposed
metropolitan school district and shall be paid from any current
operating fund of each component school corporation not otherwise
appropriated, without appropriation.
(f) The question in the referendum election shall be placed on the
ballot in the form prescribed by IC 3-10-9-4 and must state "Shall the
school corporations of _________ be formed into one (1)
metropolitan school district under IC 20-23-7?" (in which blanks the
respective name of the school districts concerned will be inserted).
(g) If:
(1) a protest petition with the required signatures is not filed
after the adoption of substantially identical resolutions of the
governing bodies providing for or approving the consolidation
as described in subsection (a)(1); or
(2) a referendum election occurs in the entire proposed
metropolitan district and a majority of the voters in each
proposed consolidating school corporation vote in the
affirmative;
a metropolitan school district is created and comes into existence in
the territory subject to the provisions and under the conditions
described in this chapter. The boundaries include all of the territory
within the school corporations, and it shall be known as
"Metropolitan School District of _______, Indiana" (the name of the
district concerned will be inserted in the blank). The name of the
district shall be decided by a majority vote of the metropolitan
governing board of the metropolitan school district at the first
meeting. The metropolitan governing board of the new metropolitan
school district shall be composed and elected under this chapter. The
failure of any public official or body to perform any duty within the
time provided in this chapter does not invalidate any proceedings
taken by that official or body, but this provision shall not be
construed to authorize a delay in the holding of a referendum election
under this chapter.
(h) If the governing body of a school corporation is involved in a
consolidation proposal under subsection (a)(1) or (a)(2) that fails to
result in a consolidation, the:
(1) governing body of the school corporation may not initiate a
subsequent consolidation with another school corporation under
subsection (a)(1); and
(2) residents of the school corporation may not file a petition
requesting a consolidation with another school corporation
under subsection (a)(2);
for one (1) year after the date on which the prior consolidation
proposal failed. As added by P.L.1-2005, SEC.7. IC 20-23-7-3 Metropolitan school district; duties
Sec. 3. (a) The metropolitan school district shall conduct the
educational activities of all the schools in the district in compliance
with:
(1) state law; and
(2) the laws of the state of Indiana with reference to public
education.
(b) The control and administration of the schools of the
metropolitan school district are vested in a governing body whose:
(1) composition;
(2) duties;
(3) manner of election; and
(4) powers;
are described in this chapter. As added by P.L.1-2005, SEC.7.
IC 20-23-7-4 Metropolitan school district; division into board member districts
Sec. 4. (a) At the first meeting of the board of commissioners of
the county after the creation of the metropolitan school district as
provided in this chapter, the board of commissioners shall divide the
district into three (3) governing body districts approximately equal
in population. Not more than one (1) year after the effective date of
each United States decennial census, the board of commissioners
shall readjust the boundaries of the districts to equalize the districts
by population.
(b) Instead of the division provided under subsection (a), any
resolution or petition provided in section 2(a) or 2(b) of this chapter
may:
(1) provide that the metropolitan school district to be created
shall be divided into two (2) or more governing body districts;
(2) describe the governing body member districts;
(3) provide that one (1) or more members of the governing body
must reside within each of the governing body member districts;
(4) set out the number of members to serve from each
designated district;
(5) provide that the governing body member districts need not
be equal in size or population, and that one (1) board member
district may include all the area in the metropolitan school
district;
(6) specify that the number of governing body members to be
resident in each district need not be an equal number; and
(7) eliminate all requirements that there be governing body
member districts.
(c) If the resolution or petition:
(1) does not provide for governing body member districts and
designate the number of governing body members to be resident
in each district; or
(2) provides for the elimination of governing body member
districts;
subsection (a) controls. If either subsection (a) or (b) applies,
candidates shall be voted upon by all the registered voters of the
metropolitan school district voting at any governing body member
election. As added by P.L.1-2005, SEC.7.
IC 20-23-7-5 Metropolitan board of education; membership powers and duties
Sec. 5. (a) The rights, powers, and duties of the metropolitan
school district shall be vested in the governing body that must be
composed of:
(1) three (3);
(2) five (5); or
(3) seven (7) members;
who have resided in the district for at least two (2) years before
taking office. The resolution or petition provided by section 2(a) or
2(b) of this chapter may designate the number of members of the
governing body. If a designation is not made concerning the number
of members of a governing body, the governing body is composed of
five (5) members.
(b) If section 4(a) of this chapter applies to a metropolitan school
district, the following rules apply:
(1) If the governing body consists of three (3) members, one (1)
member shall reside in each residence district.
(2) If the governing body consists of five (5) members, not more
than two (2) shall reside in any one (1) residence district.
(3) If the governing body consists of seven (7) members, at least
two (2) shall reside in any one (1) residence district.
(c) If a governing body member moves the member's residence
within the metropolitan school district from one (1) governing body
member district to another or when governing body member district
boundaries are moved so that the member's place of residence
changes from one (1) governing body member district to another, the
member does not on this account become disqualified as a governing
body member but may continue to hold office as a member of the
governing body. As added by P.L.1-2005, SEC.7.
IC 20-23-7-6 First metropolitan board of education; composition; meetings;
organization; compensation
Sec. 6. (a) The first metropolitan board of education shall be
composed of the:
(1) trustees; and
(2) members of school boards;
of the school corporations forming the metropolitan board of
education.
(b) The members of the metropolitan board of education shall
serve ex officio as members subject to the laws concerning length of
terms, powers of election, or appointment and filling vacancies
applicable to their respective offices.
(c) If a metropolitan school district is comprised of only two (2)
board members, the two (2) members shall appoint a third board
member not more than ten (10) days after the creation of the
metropolitan school district. If the two (2) members are unable to
agree on or do not make the appointment of a third board member
within the ten (10) day period after the creation of the metropolitan
school district, the third member shall be appointed not more than
twenty (20) days after the creation of the metropolitan school district
by the judge of the circuit court of the county in which the
metropolitan school district is located. If the metropolitan school
district is located in two (2) or more counties, the judge of the circuit
court of the county containing that part of the metropolitan school
district having more students than the part or parts located in another
county or counties shall appoint the third member. The members of
the metropolitan board of education serve until their successors are
elected or appointed and qualified.
(d) The first meeting of the first metropolitan board of education
shall be held not more than one (1) month after the creation of the
metropolitan school district. The first meeting shall be called by the
superintendent of schools, or township trustee of a school township,
of the school corporation in the district having the largest number of
students. At the first meeting, the board shall organize, and during
the first ten (10) days of each July the board shall reorganize, by
electing a president, a vice president, a secretary, and a treasurer.
(e) The secretary of the board shall keep an accurate record of the
minutes of the metropolitan board of education and the minutes shall
be kept in the superintendent's office. When a metropolitan school
district is formed, the metropolitan superintendent shall act as
administrator of the board and shall carry out the acts and duties as
designated by the board. A quorum consists of a majority of the
members of the board. A quorum is required for the transaction of
business. The vote of a majority of those present is required for a:
(1) motion;
(2) ordinance; or
(3) resolution;
to pass.
(f) The board shall conduct its affairs in the manner described in
this section. Except in unusual cases, the board shall hold its
meetings at the office of the metropolitan superintendent or at a place
mutually designated by the board and the superintendent. Board
records are to be maintained and board business is to be conducted
from the office of the metropolitan superintendent or a place
designated by the board and the superintendent.
(g) The metropolitan board of education shall have the power to
pay to a member of the board:
(1) a reasonable per diem for service on the board not to exceed
one hundred twenty-five dollars ($125) per year; and
(2) for travel to and from a member's home to the place of the
meeting within the district, a sum for mileage equal to the
amount per mile paid to state officers and employees. The rate
per mile shall change when the state government changes its
rate per mile. As added by P.L.1-2005, SEC.7.
IC 20-23-7-7 Transfer of authority from existing school corporations to
metropolitan districts
Sec. 7. (a) The transfer of:
(1) powers;
(2) duties;
(3) property;
(4) property rights;
(5) other assets;
(6) liabilities;
(7) contracts, both as to rights and obligations; and
(8) other issues connected with the transfer of authority from
existing school corporations to the metropolitan school district;
shall take place at the time of the first meeting of the metropolitan
board of education not more than one (1) month after the creation of
the board.
(b) The transfer of the items listed in subsection (a) are vested in
the metropolitan school district at the time of the first meeting of the
metropolitan board of education. As added by P.L.1-2005, SEC.7.
IC 20-23-7-8 Metropolitan board of education; nomination and election of
members
Sec. 8. (a) Members of the metropolitan board of education are
elected by the registered voters of the metropolitan school district at
the primary elections held biennially in the state, commencing with
the next primary election that is held more than sixty (60) days after
the creation of the metropolitan school district as provided in this
chapter. Nominations for a member of the board of education are
made by a petition signed by the nominee and by ten (10) registered
voters residing in the same board member district as the nominee. A
petition must be filed not earlier than the date that a petition of
nomination may first be filed under IC 3-8-6-10 and not later than
noon on the last date provided by IC 3-8-2-4 for the filing of a
declaration of candidacy for the primary election with the clerk of
the circuit court in each county where the metropolitan school
district is located.
(b) Nominees for school board members shall be listed on the
primary election ballot in the form prescribed by IC 3-10-1-19 by
board member districts without party designation. A ballot shall state
the number of board members to be voted upon and the maximum
number of board members who may be elected from each board
member district in compliance with section 5 of this chapter. A ballot
is not valid if more than the maximum number of board members are
voted upon from a board member district. The election boards in the
various precincts and in the county or counties serving at a primary
election shall conduct the election for school board members. A
registered voter may vote in a school board election without
otherwise voting in the primary election.
(c) Voting and tabulation of votes shall be conducted in the same
manner as voting and tabulation in primary elections are conducted,
and the candidates having the greatest number of votes shall be
elected. If more than the maximum number of candidates that may be
elected from a board member district, as provided in section 5 of this
chapter, are among those having the greatest number of votes, the
lowest of those candidates from the board member district in excess
of the maximum number must be eliminated in determining the
candidates who are elected. If there is a tie vote for the candidates,
the judge of the circuit court in the county where the majority of the
registered voters of the metropolitan school district reside shall select
one (1) of the candidates who shall be declared and certified elected.
(d) If after the first board member election a vacancy on the board
occurs, including the failure of a sufficient number of petitions for
candidates being filed, and whether the vacating member was elected
or appointed, the remaining members of the metropolitan board of
education shall by a majority vote fill the vacancy by appointing a
person from the board member district that the person who vacated
the board membership was elected, or if the person was appointed,
the board member district from which the last elected predecessor of
the person was elected. If there is a tie vote among the remaining
members of the board or their failure to act not more than thirty (30)
days after the vacancy occurs, the judge of the circuit court in the
county where the majority of registered voters of the metropolitan
school district reside shall make the appointment. A successor to the
appointive board member shall be elected at the next primary
election that is held more than sixty (60) days after an elected board
member vacates membership on the board or at the primary election
held immediately before the end of the term for which the vacating
member was elected, whichever is sooner. Unless the successor takes
office at the end of the term of the vacating member, the member
shall serve only for the balance of the term. In an election of a
successor board member to fill a vacancy for a two (2) year balance
of a term, nominating petitions for school board membership
candidacy need not be filed for or with reference to the vacancy.
However, as required by IC 3-11-2-14.5, candidates for at-large seats
must be distinguished on the ballot from candidates for district seats.
If there is more than one (1) at-large seat on the ballot due to this
vacancy, the elected candidate who receives the lowest number of
votes at the election at which the successor is elected shall serve for
a two (2) year term.
(e) At the first primary election in which members of the
metropolitan board of education are elected under this section, a
simple majority of the elected candidates, consisting of those elected
candidates who receive the highest number of votes, are elected for
four (4) year terms, and the balance of the elected candidates,
consisting of those who received the lowest number of votes, are
elected for two (2) year terms. A candidate for membership on the
metropolitan board of education shall:
(1) be voted upon by the voters of the entire district;
(2) be elected for four (4) year terms after the first election; and
(3) take office and assume the duties of the office July 1
following their election. As added by P.L.1-2005, SEC.7.
IC 20-23-7-9 Voting method for metropolitan or consolidated school
corporations
Sec. 9. (a) This section applies to a metropolitan or consolidated
school corporation located in a county containing a consolidated city.
(b) The same method used to cast votes for other offices for which
candidates have qualified to be on the election ballot shall be used
for the school board offices on the election ballot. As added by P.L.1-2005, SEC.7.
IC 20-23-7-10 Metropolitan superintendent of schools appointment; terms of
contracts; term of office; duties of board
Sec. 10. (a) The metropolitan board of education shall appoint a
metropolitan superintendent of schools who shall serve under
contract in the same manner and under the same laws that govern the
employment and service of other licensed school personnel. The
metropolitan superintendent of schools' salary and expense
allowance is fixed by the metropolitan board of education. The
metropolitan superintendent of schools' original contract:
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitan
superintendent of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitan
superintendent of schools; and
(2) make other decisions and perform other duties as required
by law.
(d) A:
(1) county superintendent;
(2) city school superintendent; or
(3) town superintendent;
in a metropolitan school district shall continue in the superintendents'
respective employment at the same salary, paid in the same manner
and according to the same terms as agreed to before the formation of
the metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and
(2) designate:
(A) one (1) of the superintendents in the metropolitan school
district; or
(B) a competent and qualified person as determined by the
board;
to perform the duties of the metropolitan superintendent of the
metropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint a
superintendent of the metropolitan school district and other
administrative supervisory officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended;
or
(3) the previous superintendent:
(A) died; or
(B) resigned.
(g) The appointment and salary of the metropolitan superintendent
of schools appointed under subsection (f) shall be made, set, and paid
as provided in this chapter. As added by P.L.1-2005, SEC.7.
IC 20-23-7-11 Metropolitan school district in more than one county; special
duties
Sec. 11. If a metropolitan school district formed under this chapter
includes territory in more than one (1) county, the respective
counties, boards, commissions, and officers of each of the counties
shall perform duties required to form a metropolitan school district
jointly and severally, including:
(1) dividing the territory into board member districts;
(2) levying and collecting taxes;
(3) allocating receipts;
(4) filing petitions for nomination;
(5) printing and distributing ballots,
(6) tabulating and certifying election results; and
(7) filling vacancies. As added by P.L.1-2005, SEC.7.
IC 20-23-7-12 Metropolitan school districts in school townships; methods of
creation; membership of first metropolitan board of education;
duties
Sec. 12. (a) As used in this section, "county" means the county in
which the school township is located.
(b) As used in this section, "school township" means a school
township in Indiana that:
(1) for the last full school semester immediately preceding:
(A) the adoption of a preliminary resolution by the township
trustee and the township board under subsection (f); or
(B) the adoption of a resolution of disapproval by the
township trustee and the township board under subsection
(g);
had an ADM of at least six hundred (600) students in
kindergarten through grade 12 in the public schools of the
school township; or
(2) is part of a township in which there were more votes cast for
township trustee outside the school township than inside the
school township in the general election at which the trustee was
elected and that preceded the adoption of the preliminary or
disapproving resolution.
(c) As used in this section, "township board" means the township
board of a township in which the school township is located.
(d) As used in this section, "township trustee" means the township
trustee of the township in which the school township is located.
(e) In a school township, a metropolitan school district may be
created by complying with this section. A metropolitan school
district created under this section shall have the same boundaries as
the school township. After a district has been created under this
section, the school township that preceded the metropolitan school
district is abolished. The procedures or provisions governing the
creation of a metropolitan school district under another section of
this chapter do not apply to the creation of a district under this
section. After a metropolitan school district is created under this
section, the district shall, except as otherwise provided in this
section, be governed by and operate in accordance with this chapter
governing the operation of a metropolitan school district as
established under section 2 of this chapter.
(f) Except as provided in subsection (g), a metropolitan school
district provided for in subsection (e) may be created in the following
manner:
(1) The township trustee shall call a meeting of the township
board. At the meeting, the township trustee and a majority of
the township board shall adopt a resolution that a metropolitan
school district shall be created in the school township. The
township trustee shall then give notice:
(A) by two (2) publications one (1) week apart in a
newspaper of general circulation published in the school
township; or
(B) if there is no newspaper as described in clause (A), in a
newspaper of general circulation in the county;
of the adoption of the resolution setting forth the text of the
resolution.
(2) On the thirtieth day after the date of the last publication of
the notice under subdivision (1) and if a protest has not been
filed, the township trustee and a majority of the township board
shall confirm their preliminary resolution. If, however, on or
before the twenty-ninth day after the date of the last publication
of the notice, a number of registered voters of the school
township, equal to five percent (5%) or more of the number of
votes cast in the school township for secretary of state at the last
preceding general election for that office, sign and file with the
township trustee a petition requesting an election in the school
township to determine whether or not a metropolitan school
district must be created in the township in accordance with the
preliminary resolution, then an election must be held as
provided in subsection (h). The preliminary resolution and
confirming resolution provided in this subsection shall both be
adopted at a meeting of the township trustee and township
board in which the township trustee and each member of the
township board received or waived a written notice of the date,
time, place, and purpose of the meeting. The resolution and the
proof of service or waiver of the notice shall be made a part of
the records of the township board.
(g) Except as provided in subsection (f), a metropolitan school
district may also be created in the following manner:
(1) A number of registered voters of the school township, equal
to five percent (5%) or more of the votes cast in the school
township for secretary of state at the last general election for
that office, shall sign and file with the township trustee a
petition requesting the creation of a metropolitan school district
under this section.
(2) The township trustee and a majority of the township board
shall, not more than ten (10) days after the filing of a petition:
(A) adopt a preliminary resolution that a metropolitan school
district shall be created in the school township and proceed
as provided in subsection (f); or
(B) adopt a resolution disapproving the creation of the
district.
(3) If either the township trustee or a majority of township
board members vote in favor of disapproving the resolution, an
election must be held to determine whether or not a
metropolitan school district shall be created in the school
township in the same manner as is provided in subsection (f) if
an election is requested by petition.
(h) An election required under subsection (f) or (g) may, at the
option of the township trustee, be held either as a special election or
in conjunction with a primary or general election to be held not more
than one hundred twenty (120) days after the filing of a petition
under subsection (f) or the adoption of the disapproving resolution
under subsection (g). The township trustee shall certify the question
to the county election board under IC 3-10-9-3 and give notice of an
election:
(1) by two (2) publications one (1) week apart in a newspaper
of general circulation in the school township; or
(2) if a newspaper described in subdivision (1) does not exist,
in a newspaper of general circulation published in the county.
The notice must provide that on a day and time named in the notice,
the polls shall be opened at the usual voting places in the various
precincts in the school township for the purpose of taking the vote of
the registered voters of the school township regarding whether a
metropolitan school district shall be created in the township. The
election shall be held not less than twenty (20) days and not more
than thirty (30) days after the last publication of the notice unless a
primary or general election will be conducted not more than six (6)
months after the publication. In that case, the county election board
shall place the public question on the ballot at the primary or general
election. If the election is to be a special election, the township
trustee shall give notice not more than thirty (30) days after the filing
of the petition or the adoption of the disapproving resolution.
(i) On the day and time named in the notice, the polls shall be
opened and the votes of the voters shall be taken regarding whether
a metropolitan school district shall be created in the school township.
IC 3 governs the election except as otherwise provided in this
chapter. The county election board shall conduct the election. The
public question shall be placed on the ballot in the form prescribed
by IC 3-10-9-4 and must state, "Shall a metropolitan school district
under IC 20-23-7 be formed in the ____________ School Township
of _____________ County, Indiana?". The name of the school
township shall be inserted in the blanks.
(j) The votes cast in the election shall be canvassed at a place in
the school township determined by the county election board. The
certificate of the votes cast for and against the creation of a
metropolitan school district shall be filed in the records of the
township board and recorded with the county recorder. If the special
election is not conducted at a primary or general election, the school
township shall pay the expense of holding the election out of the
school general fund that is appropriated for this purpose.
(k) A metropolitan school district shall, subject to section 7 of this
chapter, be created on the thirtieth day after the date of the adoption
of the confirming resolution under subsection (f) or an election held
under subsection (h). If a public official fails to do the official's duty
within the time prescribed in this section, the failure does not
invalidate the proceedings taken under this section. An action to
contest the validity of the creation of a metropolitan school district
under this section or to enjoin the operation of a metropolitan school
district may not be instituted later than the thirtieth day following the
date of the adoption of the confirming resolution under subsection (f)
or of the election held under subsection (h). Except as provided in
this section, an election under this subsection may not be held sooner
than twelve (12) months after another election held under subsection
(h).
(l) A metropolitan school district is known as "The Metropolitan
School District of ____________ Township, ____________ County,
Indiana". The first metropolitan board of education in a metropolitan
school district created under this section consists of five (5)
members. The township trustee and the township board members are
ex officio members of the first board, subject to the laws concerning
length of their respective terms of office, manner of election or
appointment, and the filling of vacancies applicable to their
respective offices. The ex officio members serve without
compensation or reimbursement for expenses, other than that which
they may receive from their respective offices. The township board
shall, by a resolution recorded in its records, appoint the fifth
member of the metropolitan board of education. The fifth member
shall meet the qualifications of a member of a metropolitan board of
education under this chapter, with the exception of the board member
district requirements provided in sections 4, 5, and 8 of this chapter.
(m) A fifth board member shall be appointed not more than fifteen
(15) days after the date of the adoption of the confirming resolution
under subsection (f)(2) or an election held under subsection (h). The
first board shall hold its first meeting not more than fifteen (15) days
after the date when the fifth board member is appointed or elected,
on a date established by the township board in the resolution in
which it appoints the fifth board member. The first board shall serve
until July 1 following the election of a metropolitan school board at
the first primary election held more than sixty (60) days following
the creation of the metropolitan school district.
(n) After the creation of a metropolitan school district under this
section, the president of the metropolitan school board of the district
shall serve as a member of the county board of education and
perform the duties on the county board of education that were
previously performed by the township trustee. The metropolitan
school board and superintendent of the district may call upon the
assistance of and use the services provided by the county
superintendent of schools. This subsection does not limit or take
away the powers, rights, privileges, or duties of the metropolitan
school district or the board or superintendent of the district provided
in this chapter. As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.317;
P.L.2-2006, SEC.98; P.L.1-2007, SEC.143.
IC 20-23-7-13 Specification of date of creation of school corporations or school
districts in petitions or resolutions
Sec. 13. In the resolution creating a county school corporation or
metropolitan school district or in the petitions requesting the creation
of or requesting a referendum on the question of creating a
corporation or district under section 2 or 12 of this chapter, the
resolutions or petitions may specify when a school corporation or
school district shall be created and the corporation or district shall
then be created at the time provided in the resolutions or petitions. As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.23.
