Indiana Codes

“State board” refers to the Indiana state board of education established by:

(1) before June 1, 2015, IC 20-19-2-2 (expired June 1, 2015); and

(2) after May 31, 2015, IC 20-19-2-2.1.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-6.1-1-1; 20-10.1-1-17.]

As added by P.L.1-2005, SEC.2. Amended by P.L.224-2015, SEC.2.

(a) The state board shall:

(1) aid the county committees, as required by subsection (b), in carrying out:

(A) the powers conferred; and

(B) the duties imposed;

on the committees by this chapter;

(2) receive and examine each plan for the reorganization of a school corporation submitted to the state board by a county committee and approve each plan that meets the standards of the state board;

(3) adopt a set of minimum standards, in furtherance of the policy expressed in section 1 of this chapter, which all proposed community school corporations must meet, insofar as feasible;

(4) not later than ninety (90) days after receipt of a reorganization plan, hold a public hearing in the county to which the plan mainly applies to allow residents of the affected territory to testify;

(5) not later than sixty (60) days after the public hearing:

(A) approve or disapprove in writing all or part of the plan; and

(B) notify in writing the county committee concerned;

(6) assist any county committee whose plan does not meet minimum standards in revising the plan and permit the committee to resubmit the plan not later than ninety (90) days after receipt of notice of nonapproval; and

(7) adopt rules under IC 4-22-2 for:

(A) the conduct of its own business; and

(B) the guidance and direction of county committees;

to carry out this chapter and IC 20-23-16-1 through IC 20-23-16-5.

(b) The minimum standards for community school corporations proposed under this chapter or IC 20-23-16-1 through IC 20-23-16-5 must provide for the inclusion of all the area of a county in:

(1) a school corporation; or

(2) school corporations;

to furnish efficient and adequate educational opportunity for all students in grades 1 through 12.

(c) Before the adoption of a preliminary written plan, the county committee and the state board may meet to consider problems encountered by the county committee in formulating a plan. Following the meeting, the state board may waive in writing any specified minimum standard for a designated geographic area on the ground that meeting the standard is not feasible.

(d) The state board is not required to hold a public hearing on a plan that does not meet the minimum standards required by the state board unless the state board waives the attainment of a minimum standard.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-1-17.1.]

As added by P.L.1-2005, SEC.7. Amended by P.L.233-2015, SEC.55.

(a) After the state board approves a comprehensive plan or partial plan for reorganization of school corporations as submitted to the state board by a county committee, the state board shall promptly, by certified mail with return receipt requested, give written notice of the approval to:

(1) the chairperson of the county committee submitting the plan; and

(2) the judge of the circuit court of the county from which the county committee was appointed.

(b) After notice is given under subsection (a), a community school corporation proposed by a plan referred to in subsection (a) may be created:

(1) by petition as provided in this section;

(2) by election as provided in section 21 of this chapter; or

(3) under section 22 of this chapter.

(c) After receipt of the plan referred to in subsection (a) by the county committee and before or after the election described in section 21 of this chapter, a community school corporation proposed by a plan referred to in subsection (a) may be created by a petition. The petition must be signed by at least fifty-five percent (55%) of the registered voters residing in the community school corporation, determined in the manner set out in this section, and filed by any signer or by the county committee with the clerk or clerks of the circuit court or courts of the county or counties where the voters reside. The petition must state that the signers request the establishment of a community school corporation and must contain the following information:

(1) The name of the proposed community school corporation.

(2) A general description of the boundaries as set out in the plan.

(3) The number of members of the board of school trustees.

(4) The manner in which:

(A) the permanent board of school trustees; and

(B) if covered in the plan, the interim board of school trustees;

will be elected or appointed.

(5) The compensation, if any, of the members of:

(A) the permanent board of school trustees; and

(B) if covered in the plan, the interim board of school trustees.

(6) The disposition, if any, of assets and liabilities of each existing school corporation that:

(A) is included in the proposed community school corporation; and

(B) has been divided.

(7) The disposition of school aid bonds, if any.

(d) The petition referred to in subsection (c) must show:

(1) the date on which each person signed the petition; and

(2) the person’s residence address on that date.

The petition may be executed in several counterparts, the total of which constitutes the petition described in this section. An affidavit of the person circulating a counterpart must be attached to the counterpart. The affidavit must state that each signature appearing on the counterpart was affixed in the person’s presence and is the true and lawful signature of the signer. Each signer on the petition may withdraw the signer’s signature from the petition before the petition is filed with the clerk of the circuit court. Names may not be added to the petition after the petition is filed with the clerk of the circuit court.

(e) After receipt of the petition referred to in subsection (c), the clerk of the circuit court shall make a certification under the clerk’s hand and seal of the clerk’s office as to:

(1) the number of signers of the petition;

(2) the number of signers of the petition who are registered voters residing in:

(A) the proposed community school corporation; or

(B) the part of the school corporation located in the clerk’s county;

as disclosed by the voter registration records of the county;

(3) the number of registered voters residing in:

(A) the proposed community school corporation; or

(B) the part of the school corporation located in the clerk’s county;

as disclosed by the voter registration records of the county; and

(4) the date of the filing of the petition with the clerk.

If a proposed community school corporation includes only part of a voting precinct, the clerk of the circuit court shall ascertain from any means, including assistance from the county committee, the number of registered voters residing in the part of the voting precinct.

(f) The clerk of the circuit court shall make the certification referred to in subsection (e):

(1) not later than thirty (30) days after the filing of the petition under subsection (c), excluding from the calculation of that period the time during which the registration records are unavailable to the clerk; or

(2) within any additional time as is reasonably necessary to permit the clerk to make the certification.

In certifying the number of registered voters, the clerk shall disregard any signature on the petition not made in the ninety (90) days that immediately precede the filing of the petition with the clerk as shown by the dates set out in the petition. The clerk shall establish a record of the certification in the clerk’s office and shall return the certification to the county committee.

(g) If the certification or combined certifications received from the clerk or clerks disclose that the petition was signed by at least fifty-five percent (55%) of the registered voters residing in the community school corporation, the county committee shall publish a notice in two (2) newspapers of general circulation in the community school corporation. The notice must:

(1) state that the steps necessary for the creation and establishment of the community school corporation have been completed; and

(2) set forth:

(A) the number of registered voters residing in the community school corporation who signed the petition; and

(B) the number of registered voters residing in the community school corporation.

(h) A community school corporation created by a petition under this section takes effect on the earlier of:

(1) July 1; or

(2) January 1;

that next follows the date of publication of the notice referred to in subsection (g).

(i) If a public official fails to perform a duty required of the official under this chapter within the time prescribed in this section and sections 21 through 24 of this chapter, the omission does not invalidate the proceedings taken under this chapter.

(j) An action:

(1) to contest the validity of the formation or creation of a community school corporation under this section;

(2) to declare that a community school corporation:

(A) has not been validly formed or created; or

(B) is not validly existing; or

(3) to enjoin the operation of a community school corporation;

may not be instituted later than thirty (30) days after the date of publication of the notice referred to in subsection (g).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-1-20.]

As added by P.L.1-2005, SEC.7.

(a) Except as provided in subsection (b), if a public official fails to perform a duty required under this chapter or IC 20-23-16-1 through IC 20-23-16-5 within the time prescribed in this chapter or IC 20-23-16-1 through IC 20-23-16-5, the omission does not invalidate any proceedings taken by the official.

(b) This section:

(1) does not apply to the time within which a county committee must accept jurisdiction of all or part of a school corporation from another county committee following a petition under IC 20-23-16-1; and

(2) may not be construed to extend the time within which petitions may be filed by registered voters under this chapter or IC 20-23-16-1 through IC 20-23-16-5.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-1-24.]

As added by P.L.1-2005, SEC.7. Amended by P.L.233-2015, SEC.57.

(a) This section applies to each school corporation.

(b) The governing body does not assume its powers and duties until the date the community school corporation becomes effective. For thirty (30) days before the date on which the governing body of a community school corporation assumes office, an existing school corporation having territory that will be included within the boundaries of a community school corporation may not contract or place the school corporation under any further obligations, except upon written approval of the county committee.

(c) The transfer of:

(1) powers;

(2) duties;

(3) property rights;

(4) other assets;

(5) liabilities;

(6) contracts both as to rights and obligations; and

(7) all else connected with the transfer of authority from existing school corporations to the community school corporation;

takes place at the time of the formation and creation of the community school corporation and are vested in the community school corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-1-26.7.]

As added by P.L.1-2005, SEC.7.

(a) This section applies only to a school corporation with territory in a county having a population of more than one hundred seventy thousand (170,000) but less than one hundred seventy-five thousand (175,000).

(b) This section applies if there is a:

(1) tie vote in an election for a member of the governing body of a school corporation; or

(2) vacancy on the governing body of a school corporation.

(c) Notwithstanding any other law, if a tie vote occurs among any of the candidates for the governing body or a vacancy occurs on the governing body, the remaining members of the governing body, even if the remaining members do not constitute a majority of the governing body, shall by a majority vote of the remaining members:

(1) select one (1) of the candidates who shall be declared and certified elected; or

(2) fill the vacancy by appointing an individual to fill the vacancy.

(d) An individual appointed to fill a vacancy under subsection (c)(2):

(1) must satisfy all the qualifications required of a member of the governing body; and

(2) shall fill the remainder of the unexpired term of the vacating member.

(e) If a tie vote occurs among the remaining members of the governing body or the governing body fails to act within thirty (30) days after the election or the vacancy occurs, the fiscal body (as defined in IC 3-5-2-25) of the township in which the greatest percentage of population of the school district resides shall break the tie or make the appointment. A member of the fiscal body who was a candidate and is involved in a tie vote may not cast a vote under this subsection.

(f) If the fiscal body of a township is required to act under this section and a vote in the fiscal body results in a tie, the deciding vote to break the tie vote shall be cast by the executive.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-1-42.]

As added by P.L.1-2005, SEC.7. Amended by P.L.119-2012, SEC.145.