Indiana 2022 Regular Session

Indiana House Bill HB1042 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1042
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-8-2.5; IC 20-23; IC 20-25-3-3; IC 20-26;
7	7	IC 34-30-2-158.
8	8	Synopsis: Various school board matters. Provides that the primary
9	9	voting history of each candidate for school board office for the two
10	10	most recent primary elections must be indicated on the ballot and if a
11	11	candidate did not vote in the most recent primary elections, that fact
12	12	must also be stated. Provides a procedure to adjust the term of office of
13	13	certain elected members of the governing body of a school corporation.
14	14	Increases the maximum annual salary of a school board member from
15	15	$2,000 per year to $5,000 per year. Requires the state board of
16	16	education to establish a maximum per diem rate for meetings of
17	17	members of the governing bodies of school corporations, including
18	18	Indianapolis Public Schools. Removes a provision that provides that,
19	19	if a governing body is totally comprised of appointed members, the
20	20	appointive authority must approve the per diem rate before the
21	21	governing body may make payments to the members. Requires the
22	22	governing body of each school corporation to file with the department
23	23	of education (department) a copy of the school corporation's
24	24	organization plan and all amendments to the organization plan.
25	25	Requires the department to publish each school corporation's
26	26	organization plan on the department's Internet web site. Requires a
27	27	school employer that is seeking to hire a prospective employee to
28	28	contact the school employer that previously employed (or is currently
29	29	employing) the prospective employee and request certain information.
30	30	Requires a school employer that receives a request for certain
31	31	employment information to comply with that request within 10 days.
32	32	Provides that a school employer who receives a request for information
33	33	must provide the prospective employee, upon request, with a copy of
34	34	any information that is sent to the requesting school employer.
35	35	Effective: July 1, 2022.
36	36	Thompson
37	37	January 4, 2022, read first time and referred to Committee on Education.
38	38	2022 IN 1042—LS 6372/DI 75 Introduced
39	39	Second Regular Session of the 122nd General Assembly (2022)
40	40	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
41	41	Constitution) is being amended, the text of the existing provision will appear in this style type,
42	42	additions will appear in this style type, and deletions will appear in this style type.
43	43	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
44	44	provision adopted), the text of the new provision will appear in this style type. Also, the
45	45	word NEW will appear in that style type in the introductory clause of each SECTION that adds
46	46	a new provision to the Indiana Code or the Indiana Constitution.
47	47	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
48	48	between statutes enacted by the 2021 Regular Session of the General Assembly.
49	49	HOUSE BILL No. 1042
50	50	A BILL FOR AN ACT to amend the Indiana Code concerning
51	51	education.
52	52	Be it enacted by the General Assembly of the State of Indiana:
53	53	1 SECTION 1. IC 3-8-2.5-2.5, AS AMENDED BY P.L.169-2015,
54	54	2 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55	55	3 JULY 1, 2022]: Sec. 2.5. (a) A petition of nomination for a school
56	56	4 board office must state all of the following:
57	57	5 (1) The name of each candidate as:
58	58	6 (A) the candidate wants the candidate's name to appear on the
59	59	7 ballot; and
60	60	8 (B) the candidate's name is permitted to appear on the ballot
61	61	9 under IC 3-5-7.
62	62	10 (2) The address of each candidate, including the mailing address,
63	63	11 if different from the residence address of the candidate.
64	64	12 (3) The school board office that each candidate seeks.
65	65	13 (4) That each petitioner is a qualified registered voter and desires
66	66	14 to be able to vote for the candidates listed on the petition.
67	67	15 (5) For each of the two (2) most recent primary elections, if
68	68	16 the candidate voted in the primary election, the name of the
69	69	17 major political party holding the primary in which the
70	70	2022 IN 1042—LS 6372/DI 75 2
71	71	1 candidate voted. If the candidate did not vote in either or both
72	72	2 of the most recent primary elections, the petition must state
73	73	3 for that primary election, "did not vote in primary election".
74	74	4 The candidate's primary election history as stated on the
75	75	5 petition shall also be indicated with the candidate's name on
76	76	6 the general election ballot in the manner determined by the
77	77	7 county election board.
78	78	8 (b) The petition of nomination must be accompanied by the
79	79	9 following:
80	80	10 (1) The candidate's written consent to become a candidate.
81	81	11 (2) A statement that the candidate:
82	82	12 (A) is aware of the provisions of IC 3-9 regarding campaign
83	83	13 finance and the reporting of campaign contributions and
84	84	14 expenditures; and
85	85	15 (B) agrees to comply with the provisions of IC 3-9 referred to
86	86	16 in clause (A).
87	87	17 (3) A statement by the candidate that the candidate is aware of the
88	88	18 requirement to file a campaign finance statement of organization
89	89	19 under IC 3-9 after the first of either of the following occurs:
90	90	20 (A) The candidate receives more than five hundred dollars
91	91	21 ($500) in contributions.
92	92	22 (B) The candidate makes more than five hundred dollars
93	93	23 ($500) in expenditures.
94	94	24 (4) A statement indicating whether or not each candidate:
95	95	25 (A) has been a candidate for state, legislative, local, or school
96	96	26 board office in a previous primary, municipal, special, or
97	97	27 general election; and
98	98	28 (B) has filed all reports required by IC 3-9-5-10 for all
99	99	29 previous candidacies.
100	100	30 (5) A statement that each candidate is legally qualified to hold the
101	101	31 office that the candidate seeks, including any applicable residency
102	102	32 requirements and restrictions on service due to a criminal
103	103	33 conviction.
104	104	34 (6) Any statement of economic interests required under IC 3-8-9.
105	105	35 SECTION 2. IC 3-8-2.5-9 IS ADDED TO THE INDIANA CODE
106	106	36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
107	107	37 1, 2022]: Sec. 9. (a) This section applies to the term of office of an
108	108	38 elected member of the governing body of a school corporation,
109	109	39 notwithstanding any other statute or provision of a school
110	110	40 corporation's organization plan.
111	111	41 (b) As used in this section, "least elected member" refers to
112	112	42 either of the following:
113	113	2022 IN 1042—LS 6372/DI 75 3
114	114	1 (1) A candidate to whom all of the following apply:
115	115	2 (A) The candidate was elected in the most recent major
116	116	3 election cycle.
117	117	4 (B) The candidate received the least number of votes
118	118	5 among all the candidates who were elected to the
119	119	6 governing body at that particular election.
120	120	7 If two (2) or more candidates receive the same number of
121	121	8 votes that is the least number of votes among all the
122	122	9 candidates elected to the governing body, each of those
123	123	10 candidates is considered a least elected member.
124	124	11 (2) An individual who is appointed to fill a vacancy in an
125	125	12 elected school board office.
126	126	13 (c) As used in this section, "major election" refers to a general
127	127	14 election at which a majority of the elected members of the
128	128	15 governing body of a school corporation are normally elected. A
129	129	16 general election before the 2022 general election is not considered
130	130	17 a major election for purposes of this section.
131	131	18 (d) As used in this section, "minor election" refers to a general
132	132	19 election at which a minority of the elected members of the
133	133	20 governing body of a school corporation are normally elected. A
134	134	21 minor election does not become a major election if a least elected
135	135	22 member's position is placed on the ballot at that election under this
136	136	23 section. A general election before the 2022 general election is not
137	137	24 considered a minor election for purposes of this section.
138	138	25 (e) The term of office of an elected member of the governing
139	139	26 body of a school corporation is as follows:
140	140	27 (1) An elected member of the governing body of a school
141	141	28 corporation who is not a least elected member serves a term
142	142	29 of four (4) years, beginning on the date set forth in the school
143	143	30 corporation's plan for members of the governing body to take
144	144	31 office.
145	145	32 (2) Subject to subsection (h), a member of the governing body
146	146	33 who is a least elected member serves a term of two (2) years,
147	147	34 beginning on the date set forth in the school corporation's
148	148	35 plan for members of the governing body to take office.
149	149	36 (f) The voters of a school corporation may file a petition
150	150	37 requesting that an office on the governing body held by a least
151	151	38 elected member be placed on the ballot at the next minor election.
152	152	39 A petition under this subsection must satisfy the following
153	153	40 requirements:
154	154	41 (1) The petition must be signed only by registered voters of
155	155	42 the election district that the least elected member represents.
156	156	2022 IN 1042—LS 6372/DI 75 4
157	157	1 (2) The number of voters required to sign a petition under this
158	158	2 subsection is the lesser of the following:
159	159	3 (A) Five hundred (500).
160	160	4 (B) Five percent (5%) of the voters in the election district
161	161	5 of the office to be placed on the ballot.
162	162	6 (3) The provisions of section 2(d) of this chapter apply to a
163	163	7 petition under this subsection.
164	164	8 (4) A petition under this subsection must be filed not earlier
165	165	9 than June 15 before the next minor election and before the
166	166	10 first day a petition of nomination for that school board office
167	167	11 may be filed under section 4 of this chapter.
168	168	12 The election division shall prescribe the form of the petition
169	169	13 required under this chapter.
170	170	14 (g) If a petition is filed under subsection (f) with respect to a
171	171	15 least elected member, the following apply:
172	172	16 (1) If the least elected member wants to continue to hold the
173	173	17 office, the least elected member must file a petition of
174	174	18 nomination as provided under section 2 of this chapter to be
175	175	19 placed on the ballot at the next minor election.
176	176	20 (2) If the least elected member does not file a petition of
177	177	21 nomination under section 2 of this chapter by the deadline
178	178	22 described in section 4 of this chapter, the term of office of the
179	179	23 least elected member ends as described in subsection (e).
180	180	24 (3) Other individuals may file as candidates to be elected to
181	181	25 the office that the least elected member holds.
182	182	26 (h) If a petition is not filed with respect to the office held by a
183	183	27 least elected member as provided in subsection (f), notwithstanding
184	184	28 subsection (e), the term of office of the least elected member ends
185	185	29 after two (2) additional years, beginning on the date set forth in the
186	186	30 school corporation's plan for members of the governing body to
187	187	31 take office after the election.
188	188	32 (i) If:
189	189	33 (1) a petition is filed with respect to the office of a least elected
190	190	34 member as provided in subsection (f); and
191	191	35 (2) the least elected member is reelected at the next election;
192	192	36 the term of office of the least elected member is two (2) years,
193	193	37 beginning on the date set forth in the school corporation's plan for
194	194	38 members of the governing body to take office after the election.
195	195	39 SECTION 3. IC 20-23-4-12, AS AMENDED BY P.L.43-2021,
196	196	40 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
197	197	41 JULY 1, 2022]: Sec. 12. (a) In formulating a preliminary reorganization
198	198	42 plan and with respect to each of the community school corporations
199	199	2022 IN 1042—LS 6372/DI 75 5
200	200	1 that are a part of the reorganization plan, the county committee shall
201	201	2 determine the following:
202	202	3 (1) The name of the community school corporation.
203	203	4 (2) Subject to subsection (e), a general description of the
204	204	5 boundaries of the community school corporation.
205	205	6 (3) With respect to the board of school trustees, the following:
206	206	7 (A) Whether the number of members is:
207	207	8 (i) three (3);
208	208	9 (ii) five (5); or
209	209	10 (iii) seven (7).
210	210	11 (B) Whether the members are elected or appointed.
211	211	12 (C) If the members are appointed:
212	212	13 (i) when the appointments are made; and
213	213	14 (ii) who makes the appointments.
214	214	15 (D) If the members are elected, that the election is at the
215	215	16 general election at which county officials are elected.
216	216	17 (E) Subject to sections 21 and 22 of this chapter, the manner
217	217	18 in which members are elected or appointed.
218	218	19 (4) The compensation, if any, of the members of the regular and
219	219	20 interim board of school trustees, which may not exceed the
220	220	21 amount provided in IC 20-26-4-7.
221	221	22 (5) Subject to subsection (f), qualifications required of the
222	222	23 members of the board of school trustees, including limitations on:
223	223	24 (A) residence; and
224	224	25 (B) term of office.
225	225	26 (6) If an existing school corporation is divided in the
226	226	27 reorganization, the disposition of assets and liabilities.
227	227	28 (7) The disposition of school aid bonds, if any.
228	228	29 (b) If existing school corporations are not divided in the
229	229	30 reorganization, the:
230	230	31 (1) assets;
231	231	32 (2) liabilities; and
232	232	33 (3) obligations;
233	233	34 of the existing school corporations shall be transferred to and assumed
234	234	35 by the new community school corporation of which they are a part,
235	235	36 regardless of whether the plan provides for transfer and assumption.
236	236	37 (c) The preliminary plan must be supported by a summary statement
237	237	38 of the following:
238	238	39 (1) The educational improvements the plan's adoption will make
239	239	40 possible.
240	240	41 (2) Data showing the:
241	241	42 (A) assessed valuation;
242	242	2022 IN 1042—LS 6372/DI 75 6
243	243	1 (B) number of resident students in ADA in grades 1 through
244	244	2 12;
245	245	3 (C) assessed valuation per student referred to in clause (B);
246	246	4 and
247	247	5 (D) property tax levies;
248	248	6 of each existing school corporation to which the plan applies.
249	249	7 (3) The:
250	250	8 (A) assessed valuation;
251	251	9 (B) resident ADA; and
252	252	10 (C) assessed valuation per student;
253	253	11 data referred to in subdivision 2(A) through 2(C) that would have
254	254	12 applied for each proposed community school corporation if the
255	255	13 corporation existed in the year the preliminary plan is prepared or
256	256	14 notice of a hearing or hearings on the preliminary plan is given by
257	257	15 the county committee.
258	258	16 (4) Any other data or information the county committee considers
259	259	17 appropriate or that may be required by the state board in its rules.
260	260	18 (d) The county committee:
261	261	19 (1) shall base the assessed valuations and tax levies referred to in
262	262	20 subsection (c)(2) through (c)(3) on the valuations applying to
263	263	21 taxes collected in:
264	264	22 (A) the year the preliminary plan is prepared; or
265	265	23 (B) the year notice of a hearing or hearings on the preliminary
266	266	24 plan is given by the county committee;
267	267	25 (2) may base the resident ADA figures on the calculation of the
268	268	26 figures under the rules under which they are submitted to the
269	269	27 secretary of education by existing school corporations; and
270	270	28 (3) shall set out the resident ADA figures for:
271	271	29 (A) the school year in progress if the figures are available for
272	272	30 that year; or
273	273	31 (B) the immediately preceding school year if the figures are
274	274	32 not available for the school year in progress.
275	275	33 The county committee may obtain the data and information referred to
276	276	34 in this subsection from any source the committee considers reliable. If
277	277	35 the county committee attempts in good faith to comply with this
278	278	36 subsection, the summary statement referred to in subsection (c) is
279	279	37 sufficient regardless of whether the statement is exactly accurate.
280	280	38 (e) The general description referred to in subsection (a)(2) may
281	281	39 consist of an identification of an existing school corporation that is to
282	282	40 be included in its entirety in the community school corporation. If a
283	283	41 boundary does not follow the boundary of an existing civil unit of
284	284	42 government or school corporation, the description must set out the
285	285	2022 IN 1042—LS 6372/DI 75 7
286	286	1 boundary:
287	287	2 (1) as near as reasonably possible by:
288	288	3 (A) streets;
289	289	4 (B) rivers; and
290	290	5 (C) other similar boundaries;
291	291	6 that are known by common names; or
292	292	7 (2) if descriptions as described in subdivision (1) are not possible,
293	293	8 by section lines or other legal description.
294	294	9 The description is not defective if there is a good faith effort by the
295	295	10 county committee to comply with this subsection or if the boundary
296	296	11 may be ascertained with reasonable certainty by a person skilled in the
297	297	12 area of real estate description. The county committee may require the
298	298	13 services of the county surveyor in preparing a description of a boundary
299	299	14 line.
300	300	15 (f) A member of the board of school trustees:
301	301	16 (1) may not serve an appointive or elective elected term of more
302	302	17 than four (4) years; and
303	303	18 (2) may serve more than one (1) consecutive appointive or
304	304	19 elective elected term.
305	305	20 The term of office of an elected member of the board is determined
306	306	21 under IC 3-8-2.5-9.
307	307	22 SECTION 4. IC 20-23-6-3, AS AMENDED BY P.L.152-2021,
308	308	23 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
309	309	24 JULY 1, 2022]: Sec. 3. (a) If the governing bodies of at least two (2)
310	310	25 school corporations desire to consolidate school corporations, the
311	311	26 governing bodies may meet together and adopt a joint resolution
312	312	27 declaring intention to consolidate school corporations. The resolution
313	313	28 must set out the following information concerning the proposed
314	314	29 consolidation:
315	315	30 (1) The name of the proposed new school corporation.
316	316	31 (2) The number of members on the governing body and the
317	317	32 manner in which they shall be elected or appointed.
318	318	33 (A) If members are to be elected, the resolution must provide
319	319	34 for:
320	320	35 (i) the manner of the nomination of members;
321	321	36 (ii) who shall constitute the board of election
322	322	37 commissioners;
323	323	38 (iii) who shall appoint inspectors, judges, clerks, and
324	324	39 sheriffs; and
325	325	40 (iv) any other provisions desirable in facilitating the
326	326	41 election.
327	327	42 (B) Where applicable and not in conflict with the resolution,
328	328	2022 IN 1042—LS 6372/DI 75 8
329	329	1 the election is governed by the general election laws of
330	330	2 Indiana, including the registration laws.
331	331	3 (3) Limitations on residences, term of office, and other
332	332	4 qualifications required of the members of the governing body. A
333	333	5 resolution may not provide for an appointive or elective elected
334	334	6 term of more than four (4) years. A member may succeed himself
335	335	7 or herself in office. The term of office of an elected member of
336	336	8 the governing body is determined under IC 3-8-2.5-9.
337	337	9 (4) Names of present school corporations that are to be merged
338	338	10 together as a consolidated school corporation.
339	339	11 In addition, the resolution may specify the time when the consolidated
340	340	12 school corporation comes into existence.
341	341	13 (b) The number of members on the governing body as provided in
342	342	14 the resolution may not be less than three (3) or more than seven (7).
343	343	15 However, the joint resolution may provide for a board of nine (9)
344	344	16 members if the proposed consolidated school corporation is formed out
345	345	17 of two (2) or more school corporations that:
346	346	18 (1) have entered into an interlocal agreement to construct and
347	347	19 operate a joint high school; or
348	348	20 (2) are operating a joint high school that has an enrollment of at
349	349	21 least six hundred (600) in grades 9 through 12 at the time the joint
350	350	22 resolution is adopted.
351	351	23 (c) The members of the governing body shall, after adopting a joint
352	352	24 resolution, give notice by publication once each week for two (2)
353	353	25 consecutive weeks:
354	354	26 (1) with each notice by publication in a newspaper of general
355	355	27 circulation, if any, in each of the school corporations, or, if a
356	356	28 newspaper is not published in the school corporation, publication
357	357	29 shall be made in the nearest newspaper published in the county in
358	358	30 which the school corporation is located; or
359	359	31 (2) with the first publication of notice in the newspaper or
360	360	32 newspapers as provided in subdivision (1) and the second
361	361	33 publication of notice:
362	362	34 (A) in accordance with IC 5-3-5; and
363	363	35 (B) on the official web sites of each of the school corporations.
364	364	36 (d) The governing bodies of school corporations shall hold a public
365	365	37 meeting one (1) week after the date of the appearance of the last
366	366	38 publication of notice of intention to consolidate.
367	367	39 (e) If a protest has not been filed, as provided in this chapter, the
368	368	40 governing bodies shall declare by joint resolution the consolidation of
369	369	41 the school corporations to be accomplished, to take effect as provided
370	370	42 in section 8 of this chapter. However, on or before the sixth day
371	371	2022 IN 1042—LS 6372/DI 75 9
372	372	1 following the last publication of the notice of intention to consolidate,
373	373	2 twenty percent (20%) of the legal voters residing in any school
374	374	3 corporation may petition the governing body of the school corporations
375	375	4 for an election to determine whether or not the majority of the voters
376	376	5 of the school corporation is in favor of consolidation.
377	377	6 SECTION 5. IC 20-23-8-8, AS AMENDED BY P.L.219-2013,
378	378	7 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
379	379	8 JULY 1, 2022]: Sec. 8. (a) A plan is subject to the following
380	380	9 limitations:
381	381	10 (1) A member of the governing body may not serve for a term of
382	382	11 more than four (4) years, but a member may succeed himself or
383	383	12 herself in office. This limitation does not apply to members who
384	384	13 hold over during an interim period to effect a new plan awaiting
385	385	14 the selection and qualification of a member under the new plan.
386	386	15 The term of office of an elected member of the governing body
387	387	16 is determined under IC 3-8-2.5-9.
388	388	17 (2) The plan, if the members are:
389	389	18 (A) to be elected, shall conform with one (1) of the types of
390	390	19 board organization permitted by IC 20-23-4-27; or
391	391	20 (B) appointed, shall conform with one (1) of the types
392	392	21 permitted by IC 20-23-4-28.
393	393	22 (3) The terms of the members of the governing body, either
394	394	23 elected to or taking office on or before the time the plan takes
395	395	24 effect, may not be shortened. The terms of the members taking
396	396	25 office under the plan may be shortened to make the plan workable
397	397	26 on a permanent basis.
398	398	27 (4) If the plan provides for electoral districts, where a member of
399	399	28 the governing body is elected solely by the voters of a single
400	400	29 district, the districts must be as near as practicable equal in
401	401	30 population. The districts shall be reapportioned and their
402	402	31 boundaries:
403	403	32 (A) changed, if necessary; or
404	404	33 (B) recertified, if changes are not necessary;
405	405	34 by resolution of the governing body not later than December 31
406	406	35 of the year next following the year in which a decennial census is
407	407	36 taken to preserve the equality of the governing body.
408	408	37 (5) The plan shall comply with the:
409	409	38 (A) Constitution of the State of Indiana; and
410	410	39 (B) Constitution of the United States;
411	411	40 including the equal protection clauses of both constitutions.
412	412	41 (6) The provisions of IC 20-23-4-26 through IC 20-23-4-33
413	413	42 relating to the board of trustees of a community school
414	414	2022 IN 1042—LS 6372/DI 75 10
415	415	1 corporation and to the community school corporation, including
416	416	2 provisions relating to powers of the board and corporation and
417	417	3 provisions relating to the mechanics of selection of the board,
418	418	4 where elected and where appointed, apply to a governing body set
419	419	5 up by a plan under this chapter and to the school corporation.
420	420	6 (b) The limitations set forth in this section do not have to be
421	421	7 specifically set forth in a plan but are a part of the plan. A plan shall be
422	422	8 construed, if possible, to comply with this chapter. If a provision of the
423	423	9 plan or an application of the plan violates this chapter, the invalidity
424	424	10 does not affect the other provisions or applications of the plan that can
425	425	11 be given effect without the invalid provision or application. The
426	426	12 provisions of a plan are severable.
427	427	13 SECTION 6. IC 20-23-12-8, AS AMENDED BY P.L.213-2018(ss),
428	428	14 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
429	429	15 JULY 1, 2022]: Sec. 8. (a) The term of each person elected to serve on
430	430	16 the advisory board is four (4) years. determined under IC 3-8-2.5-9.
431	431	17 (b) The term of each person elected to serve on the advisory board
432	432	18 begins on the date set in the school corporation's organization plan. The
433	433	19 date set in the organization plan for an elected member of the advisory
434	434	20 board to take office may not be more than fourteen (14) months after
435	435	21 the date of the member's election. If the school corporation's
436	436	22 organization plan does not set a date for an elected member of the
437	437	23 advisory board to take office, the member takes office January 1 that
438	438	24 immediately follows the person's election.
439	439	25 SECTION 7. IC 20-23-12-9, AS AMENDED BY P.L.193-2021,
440	440	26 SECTION 103, IS AMENDED TO READ AS FOLLOWS
441	441	27 [EFFECTIVE JULY 1, 2022]: Sec. 9. The members are elected as
442	442	28 follows:
443	443	29 (1) Three (3) of the members elected under section 3(b) of this
444	444	30 chapter are elected at the general election to be held in 2020 and
445	445	31 every four (4) years thereafter, subject to IC 3-8-2.5-9.
446	446	32 (2) Three (3) of the members elected under section 3(b) of this
447	447	33 chapter are elected at the general election to be held in 2022 and
448	448	34 every four (4) years thereafter, subject to IC 3-8-2.5-9.
449	449	35 (3) The at-large member elected under section 3(c) of this chapter
450	450	36 is elected at the general election to be held in 2024 and every four
451	451	37 (4) years thereafter, subject to IC 3-8-2.5-9.
452	452	38 SECTION 8. IC 20-23-13-2.1, AS ADDED BY P.L.179-2011,
453	453	39 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
454	454	40 JULY 1, 2022]: Sec. 2.1. (a) As used in this section, "county election
455	455	41 board" includes a board of elections and registration established under
456	456	42 IC 3-6-5.2.
457	457	2022 IN 1042—LS 6372/DI 75 11
458	458	1 (b) The voters of the school corporation shall elect the members of
459	459	2 the governing body at a general election for a term of four (4) years.
460	460	3 determined under IC 3-8-2.5-9. The members shall be elected from
461	461	4 the city at large without reference to district.
462	462	5 (c) Each candidate for election to the governing body must file a
463	463	6 petition of nomination with the county election board in each county in
464	464	7 which a school corporation subject to this chapter is located. The
465	465	8 petition of nomination must comply with IC 3-8-2.5 and the following
466	466	9 requirements:
467	467	10 (1) The petition must be signed by at least two hundred (200)
468	468	11 legal voters of the school corporation.
469	469	12 (2) Each petition may nominate only one (1) candidate.
470	470	13 (3) The number of petitions signed by a legal voter may not
471	471	14 exceed the number of school trustees to be elected.
472	472	15 (d) After all the petitions described in subsection (c) are filed with
473	473	16 the county election board, the board shall publish the names of those
474	474	17 nominated in accordance with IC 5-3-1 and shall certify the
475	475	18 nominations in the manner required by law. IC 3 governs the election
476	476	19 to the extent that it is not inconsistent with this chapter.
477	477	20 (e) The county election board shall prepare the ballot for the general
478	478	21 election at which members of the governing body are to be elected so
479	479	22 that the names of the candidates nominated appear on the ballot:
480	480	23 (1) in alphabetical order;
481	481	24 (2) without party designation; and
482	482	25 (3) in the form prescribed by IC 3-11-2.
483	483	26 (f) The county election board shall not publish or place on the ballot
484	484	27 the name of a candidate who is not eligible under this chapter for
485	485	28 membership on the governing body.
486	486	29 (g) Each voter may vote for as many candidates as there are
487	487	30 members of the governing body to be elected.
488	488	31 SECTION 9. IC 20-23-14-8, AS AMENDED BY P.L.219-2013,
489	489	32 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
490	490	33 JULY 1, 2022]: Sec. 8. (a) The term of each person elected to serve on
491	491	34 the governing body is four (4) years. determined under IC 3-8-2.5-9.
492	492	35 (b) The term of each person elected to serve on the governing body
493	493	36 begins on the date set in the school corporation's organization plan. The
494	494	37 date set in the organization plan for an elected member of the
495	495	38 governing body to take office may not be more than fourteen (14)
496	496	39 months after the date of the member's election. If the school
497	497	40 corporation's organization plan does not set a date for an elected
498	498	41 member of the governing body to take office, the member takes office
499	499	42 January 1 that immediately follows the person's election.
500	500	2022 IN 1042—LS 6372/DI 75 12
501	501	1 SECTION 10. IC 20-23-14-9, AS AMENDED BY P.L.193-2021,
502	502	2 SECTION 104, IS AMENDED TO READ AS FOLLOWS
503	503	3 [EFFECTIVE JULY 1, 2022]: Sec. 9. The members are elected as
504	504	4 follows:
505	505	5 (1) Three (3) of the members are elected at the general election to
506	506	6 be held in 2024 and every four (4) years thereafter, subject to
507	507	7 IC 3-8-2.5-9.
508	508	8 (2) Two (2) of the members are elected at the general election to
509	509	9 be held in 2022 and every four (4) years thereafter, subject to
510	510	10 IC 3-8-2.5-9.
511	511	11 SECTION 11. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
512	512	12 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
513	513	13 JULY 1, 2022]: Sec. 3. (a) The governing body of the school
514	514	14 corporation consists of five (5) members chosen as follows:
515	515	15 (1) Three (3) members shall be elected by the voters of the school
516	516	16 corporation at a general election to be held in the county and
517	517	17 every four (4) years thereafter, subject to IC 3-8-2.5-9.
518	518	18 (2) One (1) member shall be appointed by the city executive.
519	519	19 (3) One (1) member shall be appointed by the city legislative
520	520	20 body.
521	521	21 (b) The members elected under subsection (a)(1) shall be elected as
522	522	22 follows:
523	523	23 (1) On a nonpartisan basis.
524	524	24 (2) In a general election held in the county.
525	525	25 (3) By the registered voters of the entire school corporation.
526	526	26 (c) The following apply to an election of members of the governing
527	527	27 body of the school corporation under subsection (a)(1):
528	528	28 (1) Each candidate must file a petition of nomination with the
529	529	29 circuit court clerk not earlier than one hundred four (104) days
530	530	30 and not later than seventy-four (74) days before the election at
531	531	31 which members are to be elected. The petition of nomination must
532	532	32 include the following information:
533	533	33 (A) The name of the candidate.
534	534	34 (B) A certification that the candidate meets the qualifications
535	535	35 for candidacy imposed by this chapter.
536	536	36 (2) Only eligible voters residing in the school corporation may
537	537	37 vote for a candidate seeking election.
538	538	38 SECTION 12. IC 20-23-17-4, AS AMENDED BY P.L.219-2013,
539	539	39 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
540	540	40 JULY 1, 2022]: Sec. 4. (a) The term of each individual chosen to serve
541	541	41 on the governing body is four (4) years. determined under
542	542	42 IC 3-8-2.5-9.
543	543	2022 IN 1042—LS 6372/DI 75 13
544	544	1 (b) The term of each individual chosen to serve on the governing
545	545	2 body begins on the date set in the school corporation's organization
546	546	3 plan. The date set in the organization plan for an elected member of the
547	547	4 governing body to take office may not be more than fourteen (14)
548	548	5 months after the date of the member's election. If the school
549	549	6 corporation's organization plan does not set a date for a member of the
550	550	7 governing body to take office, the member takes office January 1
551	551	8 immediately following the individual's election or appointment.
552	552	9 SECTION 13. IC 20-23-17-8, AS AMENDED BY P.L.193-2021,
553	553	10 SECTION 105, IS AMENDED TO READ AS FOLLOWS
554	554	11 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) This subsection applies to a
555	555	12 member of the governing body elected at the 2016 general election.
556	556	13 The successors of a member elected at the 2016 general election shall:
557	557	14 (1) be elected at the 2024 general election and every four (4)
558	558	15 years thereafter as provided in section 3(a)(1) of this chapter; and
559	559	16 (2) take office as provided in section 4 of this chapter.
560	560	17 (b) This subsection applies to the appointed member of the
561	561	18 governing body whose term expires December 31, 2017. The
562	562	19 successors of this member shall be appointed by the city legislative
563	563	20 body as provided in section 3(a)(3) of this chapter and take office as
564	564	21 provided in section 4 of this chapter.
565	565	22 (c) This subsection applies to the member of the governing body
566	566	23 elected at the 2014 general election. The successors of a member
567	567	24 elected at the 2014 general election shall:
568	568	25 (1) be elected at the 2022 general election and every four (4)
569	569	26 years thereafter as provided in section 3(a)(1) of this chapter; and
570	570	27 (2) take office as provided in section 4 of this chapter.
571	571	28 (d) This subsection applies to the appointed member of the
572	572	29 governing body whose term expires December 31, 2018. The
573	573	30 successors of this member shall be appointed by the city executive as
574	574	31 provided in section 3(a)(2) of this chapter and take office as provided
575	575	32 in section 4 of this chapter.
576	576	33 (e) The term of office of an elected member of the governing
577	577	34 body is subject to IC 3-8-2.5-9.
578	578	35 (f) This section expires January 1, 2025.
579	579	36 SECTION 14. IC 20-23-17.2-3.1, AS AMENDED BY
580	580	37 P.L.193-2021, SECTION 106, IS AMENDED TO READ AS
581	581	38 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) The governing
582	582	39 body of the school corporation consists of five (5) members, elected as
583	583	40 provided in this chapter.
584	584	41 (b) Three (3) members shall be elected as follows:
585	585	42 (1) From districts established as provided in section 4.1 of this
586	586	2022 IN 1042—LS 6372/DI 75 14
587	587	1 chapter.
588	588	2 (2) On a nonpartisan basis.
589	589	3 (3) At the general election held in the county in 2022 and every
590	590	4 four (4) years thereafter.
591	591	5 (c) Two (2) members shall be elected as follows:
592	592	6 (1) At large by all the voters of the school corporation.
593	593	7 (2) On a nonpartisan basis.
594	594	8 (3) At the general election held in the county in 2024 and every
595	595	9 four (4) years thereafter.
596	596	10 (d) The term of office of a member of the governing body:
597	597	11 (1) is four (4) years; determined under IC 3-8-2.5-9; and
598	598	12 (2) begins January 1 after the election of members of the
599	599	13 governing body.
600	600	14 (e) Upon assuming office and in conducting the business of the
601	601	15 governing body, a member shall represent the interests of the entire
602	602	16 school corporation.
603	603	17 SECTION 15. IC 20-23-17.2-3.3, AS ADDED BY P.L.127-2016,
604	604	18 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605	605	19 JULY 1, 2022]: Sec. 3.3. (a) Notwithstanding section 3.1 of this
606	606	20 chapter, as in effect on July 1, 2016, the members of the governing
607	607	21 body described in section 3.1(b) of this chapter shall:
608	608	22 (1) be elected at the general election held in the county in 2016;
609	609	23 and
610	610	24 (2) serve a term of two (2) years.
611	611	25 (b) The successors of the members of the governing body described
612	612	26 in subsection (a) shall:
613	613	27 (1) be elected at the general election held in the county in 2018;
614	614	28 and
615	615	29 (2) serve a term of four (4) years. determined under
616	616	30 IC 3-8-2.5-9.
617	617	31 (c) This section expires January 1, 2023.
618	618	32 SECTION 16. IC 20-25-3-3, AS AMENDED BY P.L.126-2012,
619	619	33 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
620	620	34 JULY 1, 2022]: Sec. 3. (a) A member of the board must:
621	621	35 (1) be a resident voter of the school city; and
622	622	36 (2) have been a resident of the school city for at least one (1) year
623	623	37 immediately preceding the member's election.
624	624	38 (b) A board member may not:
625	625	39 (1) serve in an elective or appointive office under the board or
626	626	40 under the government of the civil city while serving on the board;
627	627	41 or
628	628	42 (2) knowingly have a pecuniary interest as described in
629	629	2022 IN 1042—LS 6372/DI 75 15
630	630	1 IC 35-44.1-1-4 in a contract or purchase with the school city in
631	631	2 which the member is elected.
632	632	3 If, at any time after a member is elected to the board, the board member
633	633	4 knowingly acquires a pecuniary interest in a contract or purchase with
634	634	5 the school city, the member is disqualified to continue as a member of
635	635	6 the board, and a vacancy in the office is created.
636	636	7 (c) Each member of the board shall, before assuming the duties of
637	637	8 office, take an oath, before a person qualified to administer oaths, that:
638	638	9 (1) the member possesses all the qualifications required by this
639	639	10 chapter for membership on the board;
640	640	11 (2) the member will honestly and faithfully discharge the duties
641	641	12 of office;
642	642	13 (3) the member will not, while serving as a member of the board,
643	643	14 become interested, directly or indirectly, in any contract with or
644	644	15 claim against the school city, except as authorized by law;
645	645	16 (4) in the performance of official duties as a member of the board,
646	646	17 including the selection of the board's officers, agents, and
647	647	18 employees, the member will not be influenced by any
648	648	19 consideration of politics or religion; and
649	649	20 (5) the member will be controlled in the selection of officers,
650	650	21 agents, and employees only by considerations of merit, fitness,
651	651	22 and qualification.
652	652	23 (d) Board members are entitled to receive compensation not to
653	653	24 exceed the amount allowed provided under IC 20-26-4-7, and
654	654	25 including a per diem not to exceed the rate approved for members of
655	655	26 the city-county council established under IC 36-3-4 for attendance
656	656	27 established by the state board under IC 20-26-4-7 at each regular
657	657	28 and committee meeting as determined by the board.
658	658	29 SECTION 17. IC 20-26-4-7, AS ADDED BY P.L.1-2005,
659	659	30 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
660	660	31 JULY 1, 2022]: Sec. 7. (a) Except as provided in IC 20-25-3-3, The
661	661	32 governing body of a school corporation by resolution has the power to
662	662	33 pay each member of the governing body a reasonable amount for
663	663	34 service as a member, not to exceed both of the following:
664	664	35 (1) two Five thousand dollars ($2,000) ($5,000) per year. and
665	665	36 (2) A per diem not to exceed the rate approved for members of the
666	666	37 board of school commissioners under IC 20-25-3-3(d).
667	667	38 (b) If the members of the governing body are totally comprised of
668	668	39 appointed members, the appointive authority under IC 20-23-4-28(e)
669	669	40 shall approve the per diem rate allowable under subsection (a)(2)
670	670	41 before the governing body may make the payments.
671	671	42 (c) To make a valid approval under subsection (b), the appointive
672	672	2022 IN 1042—LS 6372/DI 75 16
673	673	1 authority must approve the per diem rate with the same endorsement
674	674	2 required under IC 20-23-4-28(f) to make the appointment of the
675	675	3 member. established annually by the state board under subsection
676	676	4 (b).
677	677	5 (b) The state board shall annually establish the following:
678	678	6 (1) A maximum per diem rate for each day of attendance by
679	679	7 a member of a governing body at a regular meeting held by a
680	680	8 governing body in accordance with section 3(a) of this
681	681	9 chapter.
682	682	10 (2) A maximum per diem rate for each day of attendance by
683	683	11 a member of a governing body at a special meeting held by a
684	684	12 governing body in accordance with section 3(c) of this
685	685	13 chapter.
686	686	14 (3) A maximum per diem rate for each day of attendance by
687	687	15 a member of a governing body at a committee meeting
688	688	16 approved by a governing body.
689	689	17 (c) The state board may adopt:
690	690	18 (1) rules under IC 4-22-2 to implement this section; and
691	691	19 (2) emergency rules in the manner provided in IC 4-22-2-37.1
692	692	20 to implement this section.
693	693	21 SECTION 18. IC 20-26-4-12 IS ADDED TO THE INDIANA
694	694	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
695	695	23 [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) The governing body of
696	696	24 each school corporation shall file a current copy of the school
697	697	25 corporation's organization plan with the department.
698	698	26 (b) The governing body of a school corporation shall file a copy
699	699	27 of any amendments to the school corporation's organization plan
700	700	28 not later than thirty (30) days after the amendment becomes
701	701	29 effective.
702	702	30 (c) The department shall publish each school corporation's
703	703	31 organization plan and all amendments of each school corporation's
704	704	32 organization plan on the department's Internet web site.
705	705	33 SECTION 19. IC 20-26-5-10.1 IS ADDED TO THE INDIANA
706	706	34 CODE AS A NEW SECTION TO READ AS FOLLOWS
707	707	35 [EFFECTIVE JULY 1, 2022]: Sec. 10.1. (a) This section applies to a:
708	708	36 (1) school corporation;
709	709	37 (2) charter school; or
710	710	38 (3) nonpublic school that employs one (1) or more employees.
711	711	39 (b) Subject to subsection (d), before hiring a prospective
712	712	40 employee, a school corporation, a charter school, or a nonpublic
713	713	41 school that employs one (1) or more employees, shall contact the
714	714	42 prospective employee's previous (or current) school employer and
715	715	2022 IN 1042—LS 6372/DI 75 17
716	716	1 request that the prospective employee's previous (or current)
717	717	2 school employer provide the hiring school employer:
718	718	3 (1) a complete and unredacted copy of all disciplinary actions
719	719	4 or internal investigations involving the prospective employee;
720	720	5 and
721	721	6 (2) a copy of the prospective employee's entire employment
722	722	7 file, except for any medical record or information.
723	723	8 (c) A school employer that receives a request under subsection
724	724	9 (b) shall:
725	725	10 (1) comply with the request not later than ten (10) business
726	726	11 days from receipt of the request; and
727	727	12 (2) upon request of the prospective employee, provide the
728	728	13 prospective employee with a copy of the information provided
729	729	14 to the hiring school employer.
730	730	15 (d) A school employer is relieved of the obligation in subsection
731	731	16 (b) if the prospective employee is not currently and has not
732	732	17 previously been employed by a school corporation, a charter
733	733	18 school, or a nonpublic school that employs one (1) or more
734	734	19 employees.
735	735	20 (e) Notwithstanding IC 22-5-3-1, no covenant, promise, or
736	736	21 agreement to refrain from disclosure of the information described
737	737	22 in subsection (b) prevents compliance with the requirements
738	738	23 imposed by this section. A school employer acting in good faith is
739	739	24 immune from civil and criminal liability for complying with this
740	740	25 subsection.
741	741	26 SECTION 20. IC 34-30-2-158 IS ADDED TO THE INDIANA
742	742	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
743	743	28 [EFFECTIVE JULY 1, 2022]: Sec. 158. IC 20-26-5-10.1 (Concerning
744	744	29 the disclosure of school employee employment records).
745	745	2022 IN 1042—LS 6372/DI 75