Introduced Version
SENATE BILL No. 144
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8; IC 3-10-8-1; IC 3-11-2-12.9; IC 3-12-9;
IC 3-13-10.5; IC 20-23; IC 20-25-3-4; IC 20-26-4; IC 33-33-53-5.
Synopsis: School board elections. Provides that a candidate for
election to the governing body of a school corporation may not be any
of the following: (1) A teacher employed by the school corporation. (2)
A member, an employee, or a contractor of a labor organization with
which the school corporation engages in collective bargaining.
Provides that candidates for election to the governing body of a school
corporation may request that the candidate's affiliation with a major
political party be indicated with the candidate's name on the general
election ballot. Provides that, beginning with the 2022 general election,
all members of the governing body of a school corporation must be
elected, eliminating the appointment of members of the governing
body. Changes population parameters to reflect the population count
determined under the 2020 decennial census.
Effective: Upon passage.
Baldwin, Raatz, Buchanan
January 4, 2022, read first time and referred to Committee on Education and Career
Development.
2022 IN 144—LS 6559/DI 75 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 144
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-8-1-34, AS AMENDED BY P.L.233-2015,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 34. (a) A candidate for a school board office
4 must satisfy the following:
5 (1) The candidate must have resided in the school corporation
6 for at least one (1) year before the election.
7 (2) The candidate may not be any of the following:
8 (A) A teacher employed by the school corporation.
9 (B) A member, an employee, or a contractor of a labor
10 organization with which the school corporation engages in
11 collective bargaining.
12 (b) This subsection applies to a candidate for school board office
13 seeking to represent an election district that consists of less than the
14 entire school corporation. In addition to the requirements of
15 subsection (a), the candidate must have resided in the election district
16 for at least one (1) year before the election.
17 SECTION 2. IC 3-8-2.5-2.5, AS AMENDED BY P.L.169-2015,
2022 IN 144—LS 6559/DI 75 2
1 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 2.5. (a) A petition of nomination for a school
3 board office must state all of the following:
4 (1) The name of each candidate as:
5 (A) the candidate wants the candidate's name to appear on the
6 ballot; and
7 (B) the candidate's name is permitted to appear on the ballot
8 under IC 3-5-7.
9 (2) The address of each candidate, including the mailing address,
10 if different from the residence address of the candidate.
11 (3) The school board office that each candidate seeks.
12 (4) That each petitioner is a qualified registered voter and desires
13 to be able to vote for the candidates listed on the petition.
14 (5) If the candidate wants to state the candidate's political
15 affiliation with a major political party, the candidate's
16 political party affiliation. Unless the candidate's political
17 party affiliation is successfully challenged under section 7 of
18 this chapter, the candidate's political party affiliation stated
19 on the petition shall be indicated on the ballot in the manner
20 determined by the county election board.
21 (b) The petition of nomination must be accompanied by the
22 following:
23 (1) The candidate's written consent to become a candidate.
24 (2) A statement that the candidate:
25 (A) is aware of the provisions of IC 3-9 regarding campaign
26 finance and the reporting of campaign contributions and
27 expenditures; and
28 (B) agrees to comply with the provisions of IC 3-9 referred to
29 in clause (A).
30 (3) A statement by the candidate that the candidate is aware of the
31 requirement to file a campaign finance statement of organization
32 under IC 3-9 after the first of either of the following occurs:
33 (A) The candidate receives more than five hundred dollars
34 ($500) in contributions.
35 (B) The candidate makes more than five hundred dollars
36 ($500) in expenditures.
37 (4) A statement indicating whether or not each candidate:
38 (A) has been a candidate for state, legislative, local, or school
39 board office in a previous primary, municipal, special, or
40 general election; and
41 (B) has filed all reports required by IC 3-9-5-10 for all
42 previous candidacies.
2022 IN 144—LS 6559/DI 75 3
1 (5) A statement that each candidate is legally qualified to hold the
2 office that the candidate seeks, including any applicable residency
3 requirements and restrictions on service due to a criminal
4 conviction.
5 (6) Any statement of economic interests required under IC 3-8-9.
6 (7) The certification of the county chairman, if required under
7 subsection (c).
8 (c) A candidate may claim affiliation with a major political
9 party under subsection (a)(5) only if one (1) of the following
10 applies:
11 (1) The candidate voted in the two (2) most recent primary
12 elections in Indiana held by the party with which the
13 candidate claims affiliation. The petition must provide a place
14 for the candidate to affirm the candidate's primary election
15 participation, if the candidate chooses to claim affiliation with
16 a major political party.
17 (2) If the candidate did not vote in the two (2) most recent
18 primary elections in Indiana held by the party with which the
19 candidate claims affiliation, the county chairman of:
20 (A) the political party with which the candidate claims
21 affiliation; and
22 (B) the county in which the candidate resides;
23 must certify in writing that the candidate is a member of the
24 political party with which the candidate claims affiliation. The
25 candidate must file a copy of the county chairman's
26 certification with the candidate's petition.
27 The petition of nomination must inform candidates how political
28 party affiliation is determined under this subsection.
29 SECTION 3. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
30 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 UPON PASSAGE]: Sec. 7. (a) A person may not be selected as a
32 candidate by petition of nomination without giving written consent and
33 having it filed with the public official with whom certificates and
34 petitions of nomination are required to be filed.
35 (b) Each candidate nominated by petition of nomination for a school
36 board office must satisfy all statutory eligibility requirements for the
37 office for which the candidate is nominated, including the filing of
38 statements of economic interest.
39 (c) A statement questioning the validity of a petition of nomination
40 or contesting the denial of certification under section 6 of this chapter
41 must be filed with the county election board in accordance with
42 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
2022 IN 144—LS 6559/DI 75 4
1 the general election. A question regarding the validity of a petition of
2 nomination or the denial of certification shall be referred to and
3 determined by the county election board not later than noon fifty-four
4 (54) days before the date of the general election.
5 (d) A statement concerning the validity of a declaration of intent to
6 be a write-in candidate for a school board office under section 4 of this
7 chapter must be filed with the county election board in accordance with
8 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
9 the general election. A question regarding the validity of a declaration
10 of intent to be a write-in candidate for a school board office shall be
11 referred to and determined by the county election board not later than
12 noon fifty-four (54) days before the date of the general election.
13 (e) If a candidate's petition claims that the candidate is affiliated
14 with a major political party, that statement may be challenged
15 under this subsection. A challenge under this subsection succeeds
16 only if the challenger shows both of the following:
17 (1) The candidate did not vote in the two (2) most recent
18 primary elections in Indiana held by the party with which the
19 candidate claims affiliation.
20 (2) The county chairman of:
21 (A) the political party with which the candidate claims
22 affiliation; and
23 (B) the county in which the candidate resides;
24 did not certify that the candidate is a member of the political
25 party with which the candidate claims affiliation. If the
26 candidate produces a copy of the certification of the county
27 chairman of the political party with which the candidate
28 claims affiliation at the time the candidate filed the petition,
29 the claim of a challenger is conclusively rebutted.
30 (f) Unless a challenger shows under subsection (e) that a
31 candidate is not affiliated with the major political party with which
32 the candidate claims affiliation, the candidate's claimed political
33 party affiliation shall be indicated on the ballot as required by
34 section 2.5(a)(5) of this chapter.
35 SECTION 4. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
36 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 1. A special election shall be held in the
38 following cases:
39 (1) Whenever two (2) or more candidates for a federal, state,
40 legislative, or circuit or school board office receive the highest
41 greatest and an equal number of votes for the office, except as
42 provided in Article 5, Section 5 of the Constitution of the State of
2022 IN 144—LS 6559/DI 75 5
1 Indiana. or in IC 20.
2 (2) Whenever a vacancy occurs in the office of United States
3 Senator, as provided in IC 3-13-3-1.
4 (3) Whenever a vacancy occurs in the office of United States
5 Representative unless the vacancy occurs less than seventy-four
6 (74) days before a general election.
7 (4) Whenever a vacancy occurs in any local office the filling of
8 which is not otherwise provided by law.
9 (5) Whenever required by law for a public question.
10 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
11 recount commission under IC 3-12-11-18.
12 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
13 legislative office unless the vacancy occurs less than seventy-four
14 (74) days before a general election.
15 SECTION 5. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
16 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 12.9. (a) School board offices to be elected at
18 the general election shall be placed on the general election ballot after
19 the offices described in section 12.4 of this chapter. with each
20 candidate for the office designated as "nonpartisan".
21 (b) If the ballot contains a candidate for a school board office, the
22 ballot must also contain a statement that reads substantially as follows:
23 "To vote for a candidate for this office, make a voting mark on or in the
24 square to the left of the candidate's name.".
25 (c) Whenever candidates are to be elected to a school board office
26 that includes both an at-large member and a member representing a
27 district, the candidates seeking election as an at-large member shall be
28 placed on the ballot before candidates seeking to represent a district.
29 SECTION 6. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
30 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 UPON PASSAGE]: Sec. 3. Whenever a circuit court clerk receives
32 certification that a tie vote at an election for a local office or a school
33 board office occurred, the clerk shall immediately send a written notice
34 of the tie vote to the following:
35 (1) If the tie vote occurred in an election for a local office, the
36 fiscal body of the affected political subdivision. or
37 (2) If the tie vote occurred in an election for a circuit office in a
38 circuit that includes more than one county, to the fiscal body of
39 each county of the circuit.
40 (3) If the tie vote occurred in an election for a school board
41 office, the school board of the affected school corporation.
42 SECTION 7. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
2022 IN 144—LS 6559/DI 75 6
1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 4. (a) This section does not apply if a tie
3 vote occurred in an election for a school board office.
4 (a) (b) The fiscal body of a political subdivision that receives notice
5 under section 3 of this chapter shall resolve the tie vote by electing a
6 person to fill the office not later than December 31 following the
7 election at which the tie vote occurred. The fiscal body shall select one
8 (1) of the candidates who was involved in the tie vote to fill the office.
9 (b) (c) If a tie vote has occurred in an election for a circuit office in
10 a circuit that contains more than one (1) county, the fiscal bodies of the
11 counties shall meet in joint session at the county seat of the county that
12 contains the greatest percentage of population of the circuit to select
13 one (1) of the candidates who was involved in the tie vote in order to
14 fill the office in accordance with this section.
15 (c) (d) If a tie vote has occurred for the election of more than one (1)
16 at-large seat on a legislative or fiscal body, the fiscal body shall select
17 the number of individuals necessary to fill each of the at-large seats for
18 which the tie vote occurred. However, a member of a fiscal body who
19 runs for reelection and is involved in a tie vote may not cast a vote
20 under this section.
21 (d) (e) The executive of the political subdivision (other than a town
22 or a school corporation) may cast the deciding vote to break a tie vote
23 in a fiscal body acting under this section. The clerk-treasurer of the
24 town may cast the deciding vote to break a tie vote in a town fiscal
25 body acting under this section. A tie vote in the fiscal body of a school
26 corporation under this section shall be broken under IC 20-23.
27 SECTION 8. IC 3-12-9-5 IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE UPON PASSAGE]: Sec. 5. Whenever a tie vote at an
29 election for:
30 (1) a state office; or
31 (2) a local office; or
32 (3) a school board office;
33 occurs, the incumbent public official remains in office in accordance
34 with Article 15, Section 3 of the Constitution of the State of Indiana
35 until a successor is elected under this chapter and qualified.
36 SECTION 9. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]:
39 Chapter 10.5. School Corporation Governing Body; Resolving
40 Tie Votes; Filling Vacancies
41 Sec. 1. As used in this chapter, "governing body" refers to either
42 of the following:
2022 IN 144—LS 6559/DI 75 7
1 (1) The governing body of a school corporation.
2 (2) The school advisory body of a school corporation.
3 Sec. 2. (a) This section applies if the governing body receives
4 notice under IC 3-12-9-3 that a tie vote has occurred in the election
5 of a member of the governing body.
6 (b) If a tie vote occurs at an election for a member of the
7 governing body and one (1) of the candidates involved in the tie
8 vote is an incumbent member of the governing body, the incumbent
9 member remains in office in accordance with Article 15, Section 3
10 of the Constitution of the State of Indiana until a successor is
11 elected and qualified as provided in this section.
12 (c) The members of the governing body shall resolve the tie vote
13 by electing one (1) individual from among the candidates who was
14 involved in the tie vote to fill the office.
15 (d) If a tie vote has occurred for the election of more than one
16 (1) at-large seat on the governing body, the governing body shall
17 select the number of individuals necessary to fill each of the
18 at-large seats for which the tie vote occurred from among the
19 candidates who were involved in the tie vote.
20 (e) If a member of the governing body is one (1) of the
21 candidates involved in the tie vote, that member may not cast a
22 vote under this section.
23 (f) The governing body shall act under this section not later than
24 December 31 following the election at which the tie vote occurred.
25 Sec. 3. (a) A vacancy on the governing body in an office that was
26 last held by an individual elected or selected as a candidate of a
27 major political party of Indiana shall be filled by a caucus under
28 IC 3-13-11.
29 (b) A vacancy on the governing body in an office that was last
30 held by an individual elected as a candidate other than as a
31 candidate of a major political party of Indiana shall be filled as
32 provided in IC 20-26-4.
33 SECTION 10. IC 20-23-4-12, AS AMENDED BY P.L.43-2021,
34 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 12. (a) In formulating a preliminary
36 reorganization plan and with respect to each of the community school
37 corporations that are a part of the reorganization plan, the county
38 committee shall determine the following:
39 (1) The name of the community school corporation.
40 (2) Subject to subsection (e), a general description of the
41 boundaries of the community school corporation.
42 (3) With respect to the board of school trustees, the following:
2022 IN 144—LS 6559/DI 75 8
1 (A) Whether the number of members is:
2 (i) three (3);
3 (ii) five (5); or
4 (iii) seven (7).
5 (B) Whether That the members are shall be elected or
6 appointed. as provided by law.
7 (C) If the members are appointed:
8 (i) when the appointments are made; and
9 (ii) who makes the appointments.
10 (D) (C) If the members are elected, That the election is
11 members are elected at the general election at which county
12 officials are elected.
13 (E) (D) Subject to sections 21 and 22 of this chapter, the
14 manner in which members are elected. or appointed.
15 (4) The compensation, if any, of the members of the regular and
16 interim board of school trustees, which may not exceed the
17 amount provided in IC 20-26-4-7.
18 (5) Subject to subsection (f), qualifications required of the
19 members of the board of school trustees, including limitations on:
20 (A) residence; and
21 (B) term of office.
22 (6) If an existing school corporation is divided in the
23 reorganization, the disposition of assets and liabilities.
24 (7) The disposition of school aid bonds, if any.
25 (b) If existing school corporations are not divided in the
26 reorganization, the:
27 (1) assets;
28 (2) liabilities; and
29 (3) obligations;
30 of the existing school corporations shall be transferred to and assumed
31 by the new community school corporation of which they are a part,
32 regardless of whether the plan provides for transfer and assumption.
33 (c) The preliminary plan must be supported by a summary statement
34 of the following:
35 (1) The educational improvements the plan's adoption will make
36 possible.
37 (2) Data showing the:
38 (A) assessed valuation;
39 (B) number of resident students in ADA in grades 1 through
40 12;
41 (C) assessed valuation per student referred to in clause (B);
42 and
2022 IN 144—LS 6559/DI 75 9
1 (D) property tax levies;
2 of each existing school corporation to which the plan applies.
3 (3) The:
4 (A) assessed valuation;
5 (B) resident ADA; and
6 (C) assessed valuation per student;
7 data referred to in subdivision 2(A) through 2(C) that would have
8 applied for each proposed community school corporation if the
9 corporation existed in the year the preliminary plan is prepared or
10 notice of a hearing or hearings on the preliminary plan is given by
11 the county committee.
12 (4) Any other data or information the county committee considers
13 appropriate or that may be required by the state board in its rules.
14 (d) The county committee:
15 (1) shall base the assessed valuations and tax levies referred to in
16 subsection (c)(2) through (c)(3) on the valuations applying to
17 taxes collected in:
18 (A) the year the preliminary plan is prepared; or
19 (B) the year notice of a hearing or hearings on the preliminary
20 plan is given by the county committee;
21 (2) may base the resident ADA figures on the calculation of the
22 figures under the rules under which they are submitted to the
23 secretary of education by existing school corporations; and
24 (3) shall set out the resident ADA figures for:
25 (A) the school year in progress if the figures are available for
26 that year; or
27 (B) the immediately preceding school year if the figures are
28 not available for the school year in progress.
29 The county committee may obtain the data and information referred to
30 in this subsection from any source the committee considers reliable. If
31 the county committee attempts in good faith to comply with this
32 subsection, the summary statement referred to in subsection (c) is
33 sufficient regardless of whether the statement is exactly accurate.
34 (e) The general description referred to in subsection (a)(2) may
35 consist of an identification of an existing school corporation that is to
36 be included in its entirety in the community school corporation. If a
37 boundary does not follow the boundary of an existing civil unit of
38 government or school corporation, the description must set out the
39 boundary:
40 (1) as near as reasonably possible by:
41 (A) streets;
42 (B) rivers; and
2022 IN 144—LS 6559/DI 75 10
1 (C) other similar boundaries;
2 that are known by common names; or
3 (2) if descriptions as described in subdivision (1) are not possible,
4 by section lines or other legal description.
5 The description is not defective if there is a good faith effort by the
6 county committee to comply with this subsection or if the boundary
7 may be ascertained with reasonable certainty by a person skilled in the
8 area of real estate description. The county committee may require the
9 services of the county surveyor in preparing a description of a boundary
10 line.
11 (f) A member of the board of school trustees:
12 (1) may not serve an appointive or elective a term of more than
13 four (4) years; and
14 (2) may serve more than one (1) consecutive appointive or
15 elective term.
16 SECTION 11. IC 20-23-4-16, AS ADDED BY P.L.1-2005,
17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 16. The form of a preliminary or final
19 comprehensive plan of reorganization is sufficient if the plan contains
20 in its own terms or by reference the following for each proposed
21 community school corporation:
22 (1) The name of the proposed community school corporation.
23 (2) A general description of the boundaries of the community
24 school corporation as provided in section 12 of this chapter.
25 (3) The number of members of the board of school trustees and
26 whether that the members are elected. or appointed.
27 (4) The manner in which the board of school trustees, other than
28 the interim board, is elected. or appointed.
29 (5) If a school corporation is divided as part of the reorganization,
30 the disposition of assets and liabilities of the school corporation.
31 (6) The statement required by section 12 of this chapter if that
32 statement is submitted or adopted with the plan.
33 SECTION 12. IC 20-23-4-19, AS AMENDED BY P.L.43-2021,
34 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 19. (a) If the creation of a community school
36 corporation out of an existing corporation:
37 (1) would not involve a change in its territorial boundaries or in
38 its board of school trustees or other governing body, other than a
39 change in the time of election or appointment or the time the
40 board members take office; and
41 (2) is consistent with the standards set up under this chapter and
42 the standards set out in this section;
2022 IN 144—LS 6559/DI 75 11
1 the state board may on its own motion or on petition of the governing
2 body of the existing school corporation at any time with hearing in the
3 county where the school corporation is located, after notice by
4 publication at least once in one (1) newspaper of general circulation
5 published in the county where the school corporation is located, at least
6 ten (10) but not more than thirty (30) days before the date of a hearing,
7 and without action of the county committee declare the existing school
8 corporation to be a community school corporation by adopting a
9 resolution to this effect. The existing school corporation qualifies as to
10 size and financial resources if it has an ADA of at least two hundred
11 seventy (270) students in grades 9 through 12 or at least one thousand
12 (1,000) students in grades 1 through 12, and has an assessed valuation
13 per student of at least five thousand dollars ($5,000).
14 (b) For purposes of this section, the following terms have the
15 following meanings:
16 (1) "County tax" means a property tax:
17 (A) that is levied at an equal rate in the entire county in which
18 any school corporation is located, other than a tax qualifying
19 as a countywide tax within the meaning of Acts 1959, c.328,
20 s.2, or any similar statute; and
21 (B) for which the net proceeds of which are distributed to
22 school corporations in the county.
23 (2) "Assessed valuation" of any school corporation means the net
24 assessed value of its real and personal property as of March 1,
25 1964, adjusted in the same manner as the assessed valuation is
26 adjusted for each county by the department of local government
27 finance under Acts 1949, c.247, s.5, as amended, unless that
28 statute has been repealed or no longer provides for an adjustment.
29 If a county has a county tax, the assessed valuation of each school
30 corporation in the county shall be increased by the amount of
31 assessed valuation, if any, that would be required to raise an
32 amount of money, equal to the excess of the amount distributed
33 to any school corporation from the county tax over the amount
34 collected from the county tax in the school corporation, using
35 total taxes levied by the school corporation in terms of rate:
36 (A) excluding the countywide tax under Acts 1959, c.328, s.2,
37 or any similar statute; and
38 (B) including all other taxes levied by or for the school
39 corporation.
40 The increased valuation shall be based on the excess distributed
41 to the school corporation from the county tax levied for the year
42 1964 and the total taxes levied for the year, or if the county tax is
2022 IN 144—LS 6559/DI 75 12
1 first applied or is raised for years after 1964, then the excess
2 distributions and total taxes levied for the year in which the tax is
3 first applied or raised. If the excess distribution and total taxes
4 levied cannot be determined accurately on or before the adoption
5 of the resolution provided in this section, excess distribution and
6 taxes levied shall be estimated by the department of local
7 government finance using the last preceding assessed valuations
8 and tax rates or such other information as that department
9 determines, certifying the increased assessment to the state board
10 before such time. In all cases, the excess distribution shall be
11 determined upon the assumption that the county tax is one
12 hundred percent (100%) collected and all collections are
13 distributed.
14 (3) "Assessed valuation per student" of any school corporation
15 means the assessed valuation of any school corporation divided
16 by its ADA in grades 1 through 12.
17 (4) "ADA" in any school corporation means the average daily
18 attendance of students who are residents in the school corporation
19 and in the particular grades to which the term refers for the school
20 year 1964-1965 in accordance with the applicable regulations of
21 the secretary of education, used in determining average daily
22 attendance in the distribution of the tuition funds by the state to
23 its various school corporations where funds are distributed on
24 such basis and irrespective of whether the figures are the actual
25 resident daily attendance of the school for the school year.
26 (c) The community school corporation automatically comes into
27 being on either July 1 or January 1 following the date of approval,
28 whichever is earlier. The state board shall mail by certified mail, return
29 receipt requested, a copy of the resolution certified by the county
30 committee's chairperson or secretary to:
31 (1) the recorder of the county from which the county committee
32 having jurisdiction of the existing school corporation was
33 appointed; and
34 (2) the county committee.
35 The resolution may change the time of election or appointment of the
36 board of trustees of the school corporation or the time the trustees take
37 office. The recorder shall without cost record the certified resolution in
38 the miscellaneous records of the county. The recording constitutes a
39 permanent record of the action of the state board and may be relied on
40 by any person. Unless the resolution provides that an interim member
41 of the board of trustees shall not be appointed, the board of trustees in
42 office on the date of the action continues to constitute the board of
2022 IN 144—LS 6559/DI 75 13
1 trustees of the school corporation until their successors are qualified,
2 and the terms of their respective office and board membership remain
3 unchanged except to the extent the resolution otherwise provides. For
4 purposes of this chapter and IC 20-23-16-1 through IC 20-23-16-5, a
5 community school corporation shall be regarded as a school
6 corporation created under section 16 of this chapter.
7 SECTION 13. IC 20-23-4-20, AS ADDED BY P.L.1-2005,
8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 20. (a) After the state board approves a
10 comprehensive plan or partial plan for reorganization of school
11 corporations as submitted to the state board by a county committee, the
12 state board shall promptly, by certified mail with return receipt
13 requested, give written notice of the approval to:
14 (1) the chairperson of the county committee submitting the plan;
15 and
16 (2) the judge of the circuit court of the county from which the
17 county committee was appointed.
18 (b) After notice is given under subsection (a), a community school
19 corporation proposed by a plan referred to in subsection (a) may be
20 created:
21 (1) by petition as provided in this section;
22 (2) by election as provided in section 21 of this chapter; or
23 (3) under section 22 of this chapter.
24 (c) After receipt of the plan referred to in subsection (a) by the
25 county committee and before or after the election described in section
26 21 of this chapter, a community school corporation proposed by a plan
27 referred to in subsection (a) may be created by a petition. The petition
28 must be signed by at least fifty-five percent (55%) of the registered
29 voters residing in the community school corporation, determined in the
30 manner set out in this section, and filed by any signer or by the county
31 committee with the clerk or clerks of the circuit court or courts of the
32 county or counties where the voters reside. The petition must state that
33 the signers request the establishment of a community school
34 corporation and must contain the following information:
35 (1) The name of the proposed community school corporation.
36 (2) A general description of the boundaries as set out in the plan.
37 (3) The number of members of the board of school trustees.
38 (4) The manner in which:
39 (A) the permanent board of school trustees will be elected;
40 and
41 (B) if covered in the plan, the interim board of school trustees
42 will be elected or appointed.
2022 IN 144—LS 6559/DI 75 14
1 (5) The compensation, if any, of the members of:
2 (A) the permanent board of school trustees; and
3 (B) if covered in the plan, the interim board of school trustees.
4 (6) The disposition, if any, of assets and liabilities of each existing
5 school corporation that:
6 (A) is included in the proposed community school corporation;
7 and
8 (B) has been divided.
9 (7) The disposition of school aid bonds, if any.
10 (d) The petition referred to in subsection (c) must show:
11 (1) the date on which each person signed the petition; and
12 (2) the person's residence address on that date.
13 The petition may be executed in several counterparts, the total of which
14 constitutes the petition described in this section. An affidavit of the
15 person circulating a counterpart must be attached to the counterpart.
16 The affidavit must state that each signature appearing on the
17 counterpart was affixed in the person's presence and is the true and
18 lawful signature of the signer. Each signer on the petition may
19 withdraw the signer's signature from the petition before the petition is
20 filed with the clerk of the circuit court. Names may not be added to the
21 petition after the petition is filed with the clerk of the circuit court.
22 (e) After receipt of the petition referred to in subsection (c), the
23 clerk of the circuit court shall make a certification under the clerk's
24 hand and seal of the clerk's office as to:
25 (1) the number of signers of the petition;
26 (2) the number of signers of the petition who are registered voters
27 residing in:
28 (A) the proposed community school corporation; or
29 (B) the part of the school corporation located in the clerk's
30 county;
31 as disclosed by the voter registration records of the county;
32 (3) the number of registered voters residing in:
33 (A) the proposed community school corporation; or
34 (B) the part of the school corporation located in the clerk's
35 county;
36 as disclosed by the voter registration records of the county; and
37 (4) the date of the filing of the petition with the clerk.
38 If a proposed community school corporation includes only part of a
39 voting precinct, the clerk of the circuit court shall ascertain from any
40 means, including assistance from the county committee, the number of
41 registered voters residing in the part of the voting precinct.
42 (f) The clerk of the circuit court shall make the certification referred
2022 IN 144—LS 6559/DI 75 15
1 to in subsection (e):
2 (1) not later than thirty (30) days after the filing of the petition
3 under subsection (c), excluding from the calculation of that period
4 the time during which the registration records are unavailable to
5 the clerk; or
6 (2) within any additional time as is reasonably necessary to permit
7 the clerk to make the certification.
8 In certifying the number of registered voters, the clerk shall disregard
9 any signature on the petition not made in the ninety (90) days that
10 immediately precede the filing of the petition with the clerk as shown
11 by the dates set out in the petition. The clerk shall establish a record of
12 the certification in the clerk's office and shall return the certification to
13 the county committee.
14 (g) If the certification or combined certifications received from the
15 clerk or clerks disclose that the petition was signed by at least fifty-five
16 percent (55%) of the registered voters residing in the community
17 school corporation, the county committee shall publish a notice in two
18 (2) newspapers of general circulation in the community school
19 corporation. The notice must:
20 (1) state that the steps necessary for the creation and
21 establishment of the community school corporation have been
22 completed; and
23 (2) set forth:
24 (A) the number of registered voters residing in the community
25 school corporation who signed the petition; and
26 (B) the number of registered voters residing in the community
27 school corporation.
28 (h) A community school corporation created by a petition under this
29 section takes effect on the earlier of:
30 (1) July 1; or
31 (2) January 1;
32 that next follows the date of publication of the notice referred to in
33 subsection (g).
34 (i) If a public official fails to perform a duty required of the official
35 under this chapter within the time prescribed in this section and
36 sections 21 through 24 of this chapter, the omission does not invalidate
37 the proceedings taken under this chapter.
38 (j) An action:
39 (1) to contest the validity of the formation or creation of a
40 community school corporation under this section;
41 (2) to declare that a community school corporation:
42 (A) has not been validly formed or created; or
2022 IN 144—LS 6559/DI 75 16
1 (B) is not validly existing; or
2 (3) to enjoin the operation of a community school corporation;
3 may not be instituted later than thirty (30) days after the date of
4 publication of the notice referred to in subsection (g).
5 SECTION 14. IC 20-23-4-27, AS ADDED BY P.L.1-2005,
6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 27. (a) Subsections (b) and (c) do not apply
8 to a community school corporation created before March 12, 1965. A
9 community school corporation created before March 12, 1965, shall
10 operate in accordance with the plan under which it was created and the
11 statutes applicable to that plan, as if Acts 1965, c.336, s.4 had not been
12 enacted.
13 (b) If the members of a governing body are elected, The members
14 shall be elected in accordance with one (1) of the options set forth in
15 subsection (c) or in accordance with section 35 of this chapter. The
16 options must be set out in the plan with sufficient description to permit
17 the plan to be operable with respect to the community school
18 corporation. The description may be partly or wholly by reference to
19 the applicable option.
20 (c) The options described in subsection (b) are the following:
21 (1) Members of a governing body:
22 (A) may reside anywhere in the school corporation; and
23 (B) shall be voted upon by all registered voters living within
24 the school corporation voting at any governing body member
25 election.
26 (2) The community school corporation shall be divided into two
27 (2) or more residence districts with one (1) or more members of
28 the governing body resident within each of the residence districts.
29 The plan may also provide that one (1) or more members of the
30 governing body may reside anywhere in the community school
31 corporation. The plan:
32 (A) must set out the number of members to be elected from
33 each district;
34 (B) may provide for the election of an equal number of
35 members from each district; and
36 (C) must set out the number, if any, to be elected at large
37 without reference to governing body member districts.
38 Under this option, all candidates must be voted on by all
39 registered voters of the community school corporation voting at
40 any governing body member election.
41 (3) The community school corporation shall be divided into three
42 (3) residence districts of approximately equal population. In a
2022 IN 144—LS 6559/DI 75 17
1 district divided into three (3) residence districts, if:
2 (A) the governing body consists of three (3) members, one (1)
3 member must reside in each residence district;
4 (B) the governing body consists of five (5) members, two (2)
5 members may not reside in any one (1) residence district; and
6 (C) the governing body consists of seven (7) members, at least
7 two (2) shall be elected from each residence district.
8 Candidates shall be voted on by all registered voters of the
9 community school corporation voting at any governing body
10 member election.
11 (4) The community school corporation shall be divided into two
12 (2) or more electoral districts. Each member:
13 (A) serves from one (1) electoral district;
14 (B) must be a resident of the district; and
15 (C) must be voted upon by the registered voters residing
16 within the electoral district and voting at any governing body
17 member election.
18 The plan must set out the number to be elected from each
19 electoral district and may provide for election of an equal number
20 of members from each district. The plan must provide that not
21 less than one (1) less than a majority of the governing body may
22 reside anywhere in the community school corporation and must
23 be voted upon by all its registered voters voting at any governing
24 body member election.
25 (5) The community school corporation consists of one (1)
26 electoral district that must embrace the entire community school
27 corporation from which a majority of the members of the
28 governing body shall be elected by all the registered voters of the
29 community school corporation voting at a governing body
30 member election. The other electoral districts must be
31 subdivisions of the community school corporation. Each of the
32 remaining members of the governing body:
33 (A) serves from one (1) of the latter electoral districts;
34 (B) must be a resident of that district; and
35 (C) must be voted upon by registered voters voting at a
36 governing body member election.
37 The plan must set out the number to be elected from each district
38 and may provide for the election of an equal number of members
39 from the district.
40 (6) The community school corporation shall be divided into two
41 (2) or more electoral districts. Each member:
42 (A) serves from one (1) electoral district;
2022 IN 144—LS 6559/DI 75 18
1 (B) must be a resident of that district; and
2 (C) must be voted upon only by the registered voters residing
3 within that district who vote at a governing body election.
4 The plan must set out the number of members to be elected from
5 each electoral district in the school corporation and may provide
6 for election of an equal number of members from each district.
7 SECTION 15. IC 20-23-4-28 IS REPEALED [EFFECTIVE UPON
8 PASSAGE]. Sec. 28. (a) Subsections (b) through (g) do not apply to a
9 community school corporation created before March 12, 1965. A
10 community school corporation created before March 12, 1965, shall
11 operate in accordance with the plan under which it was created and the
12 statutes applicable to that plan, as if Acts 1965, c.336, s.4 had not been
13 enacted.
14 (b) If the members of the governing body are to be appointed, they
15 shall be appointed in accordance with one (1) of the options described
16 in subsection (c). The option must be set out in the plan with sufficient
17 description to permit the plan to be operable with respect to each
18 community school corporation. The description may be partly or wholly
19 by reference to the applicable option provided in this section.
20 (c) The options described in subsection (b) are the following:
21 (1) Members of the governing body may reside anywhere in the
22 community school corporation.
23 (2) The community school corporation shall be divided into two
24 (2) or more governing body member districts, any one (1) of
25 which may embrace the entire community school corporation.
26 Each member:
27 (A) serves from a particular district; and
28 (B) must be a resident of the district.
29 The plan must set out the number to be appointed from each
30 district and may provide for an equal number of members from
31 each district.
32 (d) The plan, under either option in subsection (c), may provide that
33 the first appointments of the governing body members are for staggered
34 terms of not more than four (4) years. Thereafter, appointments shall
35 be made for terms of four (4) years. All terms of office for appointive
36 governing body members expire June 30 in the applicable year.
37 (e) A plan providing for the appointment of members of the
38 governing body must designate the appointing authority. The authority
39 may be the same for each governing body member and must be one (1)
40 or more of the following:
41 (1) The judge of the circuit or superior court.
42 (2) The city executive.
2022 IN 144—LS 6559/DI 75 19
1 (3) The legislative body of a city.
2 (4) The board of commissioners of a county.
3 (5) The county fiscal body.
4 (6) The town legislative body.
5 (7) The township executive.
6 (8) The township legislative body.
7 (9) A township executive and legislative body jointly.
8 (10) More than one (1) township executive and legislative body
9 jointly.
10 (f) If an appointment is to be made by:
11 (1) a body, the appointment must be made by a majority vote of
12 the body in official session;
13 (2) township executives, the appointment must be made by a
14 majority vote of the executives taken in joint session; and
15 (3) township legislative bodies, the appointment must be made by
16 a majority vote of the total number of township legislative body
17 members by a majority vote of the members, taken in joint
18 session.
19 (g) If a member of the governing body, whether of the interim
20 governing body or regular governing body, is to be appointed, and the
21 beginning of the appointive member's term of office coincides with the
22 date an individual assumes the office of the official who is to make the
23 appointment, the appointment shall be made by the latter individual. If
24 the appointing official or body fails to appoint a member of the first
25 governing body within five (5) days after a community school
26 corporation comes into being, or, for members appointed after the first
27 board is appointed, within five (5) days after a member is to take office,
28 the member of the governing body shall be appointed:
29 (1) by the judge of the circuit court; or
30 (2) in the case of a united school corporation, by the judge of the
31 circuit court of the county having the most students enrolled in the
32 united school corporation.
33 SECTION 16. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
34 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 29.1. (a) This section applies to each school
36 corporation.
37 (b) If a plan provides for election of members of the governing
38 body, The members of the governing body shall be elected at a general
39 election. Each candidate must file a petition of nomination in
40 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
41 (10) registered voters residing within the boundaries of the community
42 school corporation. The filing must be made within the time specified
2022 IN 144—LS 6559/DI 75 20
1 by IC 3-8-2.5-4. The following applies to the election of members of
2 the governing body:
3 (1) The plan determines whether members are elected:
4 (A) by all the voters of the school corporation;
5 (B) by all the voters of the school corporation from
6 residence districts; or
7 (C) solely by the voters of each election district established
8 under the plan.
9 (2) IC 3 governs the nomination and election of members of
10 the governing body.
11 (c) All nominations shall be listed for each office in the form
12 prescribed by IC 3-11-2, but without party designation. Voting and
13 tabulation of votes shall be conducted in the same manner as voting
14 and tabulation in general elections are conducted. The precinct election
15 boards serving in each county shall conduct the election for members
16 of the governing body. If a school corporation is located in more than
17 one (1) county, each county election board shall print the ballots
18 required for voters in that county to vote for candidates for members of
19 the governing body.
20 (d) If the plan provides that the members of the governing body
21 shall be elected by all the voters of the community school corporation,
22 candidates shall be placed on the ballot in the form prescribed by
23 IC 3-11-2, without party designation. The candidates who receive the
24 most votes are elected.
25 (e) If the plan provides that members of the governing body are to
26 be elected from residence districts by all voters in the community
27 school corporation, nominees for the governing body shall be placed on
28 the ballot in the form prescribed by IC 3-11-2, by residence districts
29 without party designation. The ballot must state the number of
30 members to be voted on and the maximum number of members that
31 may be elected from each residence district as provided in the plan. A
32 ballot is not valid if more than the maximum number of members are
33 voted on from a board member residence district. The candidates who
34 receive the most votes are elected. However, if more than the
35 maximum number that may be elected from a residence district are
36 among those receiving the most votes, the candidates from the
37 residence districts exceeding the maximum number who receive the
38 fewest votes shall be eliminated in determining the candidates who are
39 elected.
40 (f) If the plan provides that members of the governing body are to
41 be elected from electoral districts solely by the voters of each district,
42 nominees residing in each electoral district shall be placed on the ballot
2022 IN 144—LS 6559/DI 75 21
1 in the form prescribed by IC 3-11-2, without party designation. The
2 ballot must state the number of members to be voted on from the
3 electoral district. The candidates residing in the electoral district who
4 receive the most votes are elected.
5 SECTION 17. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
6 SECTION 102, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE UPON PASSAGE]: Sec. 30. (a) This section applies to
8 each school corporation.
9 (b) If a tie vote occurs among any of the candidates, the tie vote
10 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
11 (c) If after the first governing body takes office, fewer candidates
12 have been elected to the school board than there were members to be
13 elected, the governing body shall determine not later than noon
14 December 31 following the election which incumbent member or
15 members continue to hold office under Article 15, Section 3 of the
16 Constitution of the State of Indiana until a successor is elected and
17 qualified. However,
18 (d) If there is a vacancy on the governing body, whether the
19 vacating member was elected or appointed, the remaining members of
20 the governing body, whether or not a majority of the governing body,
21 shall by a majority vote fill the vacancy by appointing a person from
22 within the boundaries of the community school corporation to serve for
23 the term or balance of the term. An individual appointed under this
24 subsection must possess the qualifications provided for a regularly
25 elected or appointed governing body member filling the office. If:
26 (1) a tie vote occurs among the members of the governing body
27 under this subsection or IC 3-12-9-4; or
28 (2) the governing body fails to act within thirty (30) days after any
29 vacancy occurs;
30 the judge of the circuit court in the county where the majority of
31 registered voters of the school corporation reside shall make the
32 appointment. the vacancy shall be filled as provided in
33 IC 3-13-10.5-3.
34 (d) (e) A vacancy in the governing body occurs if a member ceases
35 to be a resident of any the community school corporation. A vacancy
36 does not occur when the member moves from a district of the school
37 corporation from which the member was elected or appointed if the
38 member continues to be a resident of the school corporation.
39 (e) (f) At the first general election in which members of the
40 governing body are elected:
41 (1) a simple majority of the candidates elected as members of the
42 governing body who receive the greatest number of votes shall be
2022 IN 144—LS 6559/DI 75 22
1 elected for four (4) year terms; and
2 (2) the balance of the candidates elected as members of the
3 governing body receiving the next greatest number of votes shall
4 be elected for two (2) year terms.
5 Thereafter, all school board members shall be elected for four (4) year
6 terms.
7 (f) (g) Elected governing body members take office and assume
8 their duties on the date set in the school corporation's organization plan.
9 The date set in the organization plan for an elected member of the
10 governing body to take office may not be more than fourteen (14)
11 months after the date of the member's election. If the school
12 corporation's organization plan does not set a date for an elected
13 member of the governing body to take office, the member takes office
14 January 1 immediately after the member's election.
15 SECTION 18. IC 20-23-4-31, AS ADDED BY P.L.1-2005,
16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 31. (a) This section applies to each school
18 corporation.
19 (b) If the plan provides for the election of members of the governing
20 body of the community school corporation:
21 (1) The judge of the circuit court or,
22 (2) in the case of a united school corporation, the judge of the
23 circuit court of the county having the most students enrolled in the
24 united school corporation
25 shall appoint interim governing body members in accordance with the
26 plan approved by the county committee and the state board.
27 (c) The members of the governing body appointed under
28 subsection (b) serve until their successors are elected and qualified.
29 (d) Instead of appointment, the plan may provide for an alternative
30 method of appointing the members of the interim governing body of a
31 community or united school corporation. The appointment under this
32 subsection must be made by one (1) or more of the following class of
33 officials: listed in section 28(e) of this chapter.
34 (1) The judge of the circuit or superior court.
35 (2) The city executive.
36 (3) The legislative body of a city.
37 (4) The board of commissioners of a county.
38 (5) The county fiscal body.
39 (6) The town legislative body.
40 (7) The township executive.
41 (8) The township legislative body.
42 (9) A township executive and legislative body jointly.
2022 IN 144—LS 6559/DI 75 23
1 (10) More than one (1) township executive and legislative
2 body jointly.
3 SECTION 19. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
4 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 35. (a) The governing body of a school
6 corporation may be organized under this section.
7 (b) The governing body consists of seven (7) members, elected as
8 follows:
9 (1) Four (4) members elected from districts, with one (1) member
10 serving from each election district. A member elected under this
11 subdivision must be:
12 (A) a resident of the election district from which the member
13 is elected; and
14 (B) voted upon by only the registered voters residing within
15 the election district and voting at a governing body election.
16 (2) Three (3) members, who are voted upon by all the registered
17 voters residing within the school corporation and voting at a
18 governing body election, elected under this subdivision. The
19 governing body shall establish three (3) residential districts as
20 follows:
21 (A) One (1) residential district must be the township that has
22 the greatest population within the school corporation.
23 (B) Two (2) residential districts must divide the remaining
24 area within the school corporation.
25 Only one (1) member who resides within a particular residential
26 district established under this subdivision may serve on the
27 governing body at a time.
28 (c) A member of the governing body who is:
29 (1) elected from an election or a residential district; or
30 (2) appointed to fill a vacancy from an election or a residential
31 district;
32 must reside within the boundaries of the district the member represents.
33 (d) A vacancy on the governing body shall be filled by the
34 governing body as soon as practicable after the vacancy occurs. A
35 member chosen by the governing body to fill a vacancy holds office for
36 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
37 (e) The members of the governing body serving at the time a plan
38 is amended under this section shall establish the election and
39 residential districts described in subsection (b).
40 (f) The election districts described in subsection (b)(1):
41 (1) shall be drawn on the basis of precinct lines;
42 (2) may not cross precinct lines; and
2022 IN 144—LS 6559/DI 75 24
1 (3) as nearly as practicable, be of equal population, with the
2 population of the largest exceeding the population of the smallest
3 by not more than fifteen percent (15%).
4 (g) The residential districts described in subsection (b)(2) may:
5 (1) be drawn in any manner considered appropriate by the
6 governing body; and
7 (2) be drawn along township lines.
8 (h) The governing body shall certify the districts that are established
9 under subsections (f) and (g), amended under subsection (e), or
10 recertified under section 35.5 of this chapter to:
11 (1) the state board; and
12 (2) the circuit court clerk of each county in which the school
13 corporation is located as provided in section 35.5 of this chapter.
14 (i) The governing body shall designate:
15 (1) three (3) of the districts established under this section to be
16 elected at the first school board election that occurs after the
17 effective date of the plan; and
18 (2) the remaining four (4) districts to be elected at the second
19 school board election that occurs after the effective date of the
20 plan.
21 (j) The limitations set forth in this section are part of the plan, but
22 do not have to be specifically set forth in the plan. The plan must be
23 construed, if possible, to comply with this chapter. If a provision of the
24 plan or an application of the plan violates this chapter, the invalidity
25 does not affect the other provisions or applications of the plan that can
26 be given effect without the invalid provision or application. The
27 provisions of the plan are severable.
28 (k) If a conflict exists between:
29 (1) a map showing the boundaries of a district; and
30 (2) a description of the boundaries of that district set forth in the
31 plan or plan amendment;
32 the district boundaries are the description of the boundaries set forth in
33 the plan or plan amendment, not the boundaries shown on the map, to
34 the extent there is a conflict between the description and the map.
35 SECTION 20. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
36 SECTION 145, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) This section applies only
38 to a school corporation with territory in a county having a population
39 of more than one hundred seventy eighty-five thousand (170,000)
40 185,000 but and less than one two hundred seventy-five thousand
41 (175,000). (200,000).
42 (b) This section applies If there is a
2022 IN 144—LS 6559/DI 75 25
1 (1) tie vote in an election for a member of the governing body of
2 a school corporation, or
3 (2) vacancy on the governing body of a school corporation.
4 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
5 (c) Notwithstanding any other law, If a tie vote occurs among any
6 of the candidates for the governing body or a vacancy occurs on the
7 governing body, the remaining members of the governing body, even
8 if the remaining members do not constitute a majority of the governing
9 body, shall by a majority vote of the remaining members:
10 (1) select one (1) of the candidates who shall be declared and
11 certified elected; or
12 (2) fill the vacancy by appointing an individual to fill the vacancy.
13 the vacancy shall be filled as provided in IC 3-13-10.5-3.
14 (d) An individual appointed to fill a vacancy under subsection
15 (c)(2):
16 (1) must satisfy all the qualifications required of a member of the
17 governing body; and
18 (2) shall fill the remainder of the unexpired term of the vacating
19 member.
20 (e) If a tie vote occurs among the remaining members of the
21 governing body or the governing body fails to act within thirty (30)
22 days after the election or the vacancy occurs, the fiscal body (as
23 defined in IC 3-5-2-25) of the township in which the greatest
24 percentage of population of the school district resides shall break the
25 tie or make the appointment. A member of the fiscal body who was a
26 candidate and is involved in a tie vote may not cast a vote under this
27 subsection.
28 (f) If the fiscal body of a township is required to act under this
29 section and a vote in the fiscal body results in a tie, the deciding vote
30 to break the tie vote shall be cast by the executive.
31 SECTION 21. IC 20-23-5-11, AS ADDED BY P.L.1-2005,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 11. (a) Within sixty (60) days after the
34 annexation takes place, the governing body of the acquiring school
35 corporation and losing school corporation shall adopt a plan
36 determining the manner in which the governing body shall be
37 constituted. The plan shall be adopted in accordance with the
38 requirements and procedures of IC 20-23-8, except as set out in
39 subsection (b).
40 (b) The adoption of a plan by the governing body in accordance with
41 IC 20-23-8-10 and its submission to the state board under
42 IC 20-23-8-15 are the only procedures required when an existing plan
2022 IN 144—LS 6559/DI 75 26
1 is changed as follows:
2 (1) All governing body members are elected at large, and there
3 are no governing body member residency districts.
4 (2) Governing body members are elected from governing body
5 member residency districts, and the annexed territory is added to
6 or deleted from one (1) or more districts.
7 (3) A governing body member is appointed from a given area or
8 district, and the annexed territory is added to or deleted from one
9 (1) or more districts or areas.
10 (4) (3) A governing body member is elected solely by the voters
11 in a school governing body member district, but the addition or
12 deletion of the annexed territory to or from an existing district
13 does not constitute a denial of equal protection of the laws.
14 If a school corporation elects or appoints members of its governing
15 body both from a school governing body member district encompassing
16 the entire school corporation and from smaller districts, the governing
17 body of the acquiring school corporation shall add the annexed territory
18 both to the district consisting of the entire school corporation and to
19 one (1) or more smaller districts. In a comparable situation, the losing
20 school corporation shall delete the annexed territory both from the
21 district consisting of the entire school corporation and from any smaller
22 district or districts. The change in the plan becomes effective upon its
23 approval by the state board. The application of this subsection does not
24 limit the initiation of, or further changes in, any plan under IC 20-23-8.
25 SECTION 22. IC 20-23-6-3, AS AMENDED BY P.L.152-2021,
26 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 UPON PASSAGE]: Sec. 3. (a) If the governing bodies of at least two
28 (2) school corporations desire to consolidate school corporations, the
29 governing bodies may meet together and adopt a joint resolution
30 declaring intention to consolidate school corporations. The resolution
31 must set out the following information concerning the proposed
32 consolidation:
33 (1) The name of the proposed new school corporation.
34 (2) The number of members on the governing body and the
35 manner in which they shall be elected. or appointed.
36 (A) If members are to be elected, the resolution must provide
37 for:
38 (i) the manner of the nomination of members;
39 (ii) who shall constitute the board of election
40 commissioners;
41 (iii) who shall appoint inspectors, judges, clerks, and
42 sheriffs; and
2022 IN 144—LS 6559/DI 75 27
1 (iv) any other provisions desirable in facilitating the
2 election.
3 (B) Where applicable and not in conflict with the resolution,
4 the election is governed by the general election laws of
5 Indiana, including the registration laws. IC 3 applies to the
6 nomination and election of candidates to the governing
7 body.
8 (3) Limitations on residences, term of office, and other
9 qualifications required of the members of the governing body. A
10 resolution may not provide for an appointive or elective a term of
11 more than four (4) years. A member may succeed himself or
12 herself in office.
13 (4) Names of present school corporations that are to be merged
14 together as a consolidated school corporation.
15 In addition, the resolution may specify the time when the consolidated
16 school corporation comes into existence.
17 (b) The number of members on the governing body as provided in
18 the resolution may not be less than three (3) or more than seven (7).
19 However, the joint resolution may provide for a board of nine (9)
20 members if the proposed consolidated school corporation is formed out
21 of two (2) or more school corporations that:
22 (1) have entered into an interlocal agreement to construct and
23 operate a joint high school; or
24 (2) are operating a joint high school that has an enrollment of at
25 least six hundred (600) in grades 9 through 12 at the time the joint
26 resolution is adopted.
27 (c) The members of the governing body shall, after adopting a joint
28 resolution, give notice by publication once each week for two (2)
29 consecutive weeks:
30 (1) with each notice by publication in a newspaper of general
31 circulation, if any, in each of the school corporations, or, if a
32 newspaper is not published in the school corporation, publication
33 shall be made in the nearest newspaper published in the county in
34 which the school corporation is located; or
35 (2) with the first publication of notice in the newspaper or
36 newspapers as provided in subdivision (1) and the second
37 publication of notice:
38 (A) in accordance with IC 5-3-5; and
39 (B) on the official web sites of each of the school corporations.
40 (d) The governing bodies of school corporations shall hold a public
41 meeting one (1) week after the date of the appearance of the last
42 publication of notice of intention to consolidate.
2022 IN 144—LS 6559/DI 75 28
1 (e) If a protest has not been filed, as provided in this chapter, the
2 governing bodies shall declare by joint resolution the consolidation of
3 the school corporations to be accomplished, to take effect as provided
4 in section 8 of this chapter. However, on or before the sixth day
5 following the last publication of the notice of intention to consolidate,
6 twenty percent (20%) of the legal voters residing in any school
7 corporation may petition the governing body of the school corporations
8 for an election to determine whether or not the majority of the voters
9 of the school corporation is in favor of consolidation.
10 SECTION 23. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
11 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 UPON PASSAGE]: Sec. 6. (a) On the day and hour named in the
13 notice filed under section 5 of this chapter, polls shall be opened and
14 the votes of the registered voters shall be taken upon the public
15 question of consolidating school corporations. The election shall be
16 governed by IC 3, except as provided in this chapter.
17 (b) The county election board shall conduct the election. The public
18 question shall be placed on the ballot in the form prescribed by
19 IC 3-10-9-4 and must state "Shall (here insert the names of the school
20 corporations that the resolution proposes to consolidate) be
21 consolidated into a consolidated school corporation?".
22 (c) A brief statement of the provisions in the resolution for
23 appointment or election of a governing body may be placed on the
24 ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
25 cast for and against the consolidation of the school corporations shall
26 be filed with:
27 (1) the governing body of the school corporations subject to the
28 election;
29 (2) the secretary of education; and
30 (3) the county recorder of each county in which a consolidated
31 school corporation is located;
32 together with a copy of the resolution.
33 (d) If a majority of the votes cast at each of the elections is in favor
34 of the consolidation of two (2) or more school corporations, the trustees
35 of the school corporations shall proceed to consolidate the schools and
36 provide the necessary buildings and equipment. In any school
37 corporation where a petition was not filed and an election was not held,
38 the failure on the part of the voters to file a petition for an election shall
39 be considered to give the consent of the voters of the school
40 corporation to the consolidation as set out in the resolution.
41 (e) If the special election is not conducted at a primary or general
42 election, the expense of the election shall be borne by the school
2022 IN 144—LS 6559/DI 75 29
1 corporation or each of the school corporations subject to the election
2 and shall be paid out of the school corporation's operations fund.
3 SECTION 24. IC 20-23-6-9, AS AMENDED BY P.L.244-2017,
4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 9. (a) When any:
6 (1) school town;
7 (2) school city;
8 (3) school township;
9 (4) joint school; or
10 (5) consolidated school;
11 has become consolidated by resolution or election and the new
12 governing body has been appointed and legally organized, the former
13 school township, school town, school city, joint school, or consolidated
14 school is considered abandoned.
15 (b) All school:
16 (1) property;
17 (2) rights;
18 (3) privileges; and
19 (4) any indebtedness;
20 from the abandoned school is considered to accrue to and be assumed
21 by the new consolidated school corporation.
22 (c) The title of property shall pass to and become vested in the new
23 consolidated school corporation. All debts of the former school
24 corporations shall be assumed and paid by the new consolidated school
25 corporation. All the privileges and rights conferred by law upon the
26 former:
27 (1) school town;
28 (2) school city;
29 (3) school township;
30 (4) joint school; or
31 (5) consolidated school;
32 are granted to the newly consolidated school corporation.
33 (d) This subsection applies when the consolidated governing body
34 of a consolidated school corporation decides that property acquired
35 under subsection (b) from a township is no longer needed for school
36 purposes. The governing body shall offer the property as a gift to the
37 township that owned the property before the school was consolidated.
38 If the property contains a structure that the governing body wishes to
39 demolish, the governing body shall give written notice of the proposed
40 demolition to the township. The township shall, within ninety (90) days
41 after receiving the notice, inform the governing body in writing as to
42 whether the township wishes to retain the structure. If the township
2022 IN 144—LS 6559/DI 75 30
1 wishes to retain the structure, the governing body may not demolish the
2 structure before transferring the property. The township may sell or
3 lease the property to an Indiana nonprofit corporation that is exempt
4 from federal income taxation under Section 501 of the Internal
5 Revenue Code. If the township board accepts the offer, the governing
6 body shall give the township a quitclaim deed to the property. If the
7 township board refuses the offer, the governing body may sell the
8 property in the manner provided in subsection (e).
9 (e) This subsection provides the procedure for the sale of school
10 property that is no longer needed for school purposes by the governing
11 body of a consolidated school corporation. The governing body shall
12 cause the property to be appraised at a fair cash value by:
13 (1) one (1) disinterested resident freeholder of the school
14 corporation offering the property for sale; and
15 (2) two (2) disinterested appraisers licensed under IC 25-34.1;
16 who are residents of Indiana. One (1) of the appraisers described under
17 subdivision (2) must reside not more than fifty (50) miles from the
18 property. The appraisals shall be made under oath and spread of record
19 upon the records of the governing body. A sale may not be made for
20 less than the appraised value, and the sale must be made for cash. The
21 sale shall take place after the governing body gives notice under
22 IC 5-3-1 of the terms, date, time, and place of sale.
23 (f) Proceeds from a sale under subsection (e) shall be placed in the
24 operations fund of the consolidated school corporation.
25 (g) This subsection applies when the consolidated governing body
26 of a consolidated school corporation decides that property acquired
27 under subsection (b) from a city or town is no longer needed for school
28 purposes. The governing body shall offer the property as a gift to the
29 city or town that owned the property before the school was
30 consolidated. If the property contains a structure that the governing
31 body wishes to demolish, the governing body shall give written notice
32 of the proposed demolition to the city or town. The city or town shall,
33 within ninety (90) days after receiving the notice, inform the governing
34 body in writing as to whether the city or town wishes to retain the
35 structure. If the city or town wishes to retain the structure, the
36 governing body may not demolish the structure before transferring the
37 property. If the fiscal body of the city or town accepts the offer, the
38 governing body shall give the city or town a quitclaim deed to the
39 property. If the fiscal body of the city or town refuses the offer, the
40 governing body may sell the property in the manner provided in
41 subsection (e).
42 SECTION 25. IC 20-23-7-6, AS AMENDED BY P.L.233-2015,
2022 IN 144—LS 6559/DI 75 31
1 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 6. (a) The first metropolitan board of
3 education shall be composed of the:
4 (1) trustees; and
5 (2) members of school boards;
6 of the school corporations forming the metropolitan board of education.
7 (b) The members of the metropolitan board of education shall serve
8 ex officio as members subject to the laws concerning length of terms,
9 powers of election, or appointment and filling vacancies applicable to
10 their respective offices.
11 (c) If a metropolitan school district is comprised of only two (2)
12 board members, the two (2) members shall appoint a third board
13 member not more than ten (10) days after the creation of the
14 metropolitan school district. If the two (2) members are unable to agree
15 on or do not make the appointment of a third board member within the
16 ten (10) day period after the creation of the metropolitan school district,
17 the third member shall be appointed not more than twenty (20) days
18 after the creation of the metropolitan school district by the judge of the
19 circuit court of the county in which the metropolitan school district is
20 located. If the metropolitan school district is located in two (2) or more
21 counties, the judge of the circuit court of the county containing that part
22 of the metropolitan school district having more students than the part
23 or parts located in another county or counties shall appoint the third
24 member. The members of the metropolitan board of education serve
25 until their successors are elected or appointed and qualified.
26 (d) The first meeting of the first metropolitan board of education
27 shall be held not more than one (1) month after the creation of the
28 metropolitan school district. The first meeting shall be called by the
29 superintendent of schools of the school corporation in the district
30 having the largest number of students. At the first meeting, the board
31 shall organize, and each year during the first ten (10) days after the
32 board members that are elected or appointed to a new term take office,
33 the board shall reorganize, by electing a president, a vice president, a
34 secretary, and a treasurer.
35 (e) The secretary of the board shall keep an accurate record of the
36 minutes of the metropolitan board of education, and the minutes shall
37 be kept in the superintendent's office. When a metropolitan school
38 district is formed, the metropolitan superintendent shall act as
39 administrator of the board and shall carry out the acts and duties as
40 designated by the board. A quorum consists of a majority of the
41 members of the board. A quorum is required for the transaction of
42 business. The vote of a majority of those present is required for a:
2022 IN 144—LS 6559/DI 75 32
1 (1) motion;
2 (2) ordinance; or
3 (3) resolution;
4 to pass.
5 (f) The board shall conduct its affairs in the manner described in this
6 section. Except in unusual cases, the board shall hold its meetings at
7 the office of the metropolitan superintendent or at a place mutually
8 designated by the board and the superintendent. Board records are to
9 be maintained and board business is to be conducted from the office of
10 the metropolitan superintendent or a place designated by the board and
11 the superintendent.
12 (g) The metropolitan board of education shall have the power to pay
13 to a member of the board:
14 (1) a reasonable per diem for service on the board not to exceed
15 one hundred twenty-five dollars ($125) per year; and
16 (2) for travel to and from a member's home to the place of the
17 meeting within the district, a sum for mileage equal to the amount
18 per mile paid to state officers and employees. The rate per mile
19 shall change when the state government changes its rate per mile.
20 SECTION 26. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
21 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 8.1. (a) The registered voters of the
23 metropolitan school district shall elect the members of the metropolitan
24 board of education at general elections held biennially, beginning with
25 the next general election that is held more than sixty (60) days after the
26 creation of the metropolitan school district as provided in this chapter.
27 (b) Each nominee for the board must file a petition of nomination
28 signed by the nominee and by ten (10) registered voters residing in the
29 same board member district as the nominee. The petition must be filed
30 in accordance with IC 3-8-2.5 with the circuit court clerk of each
31 county in which the metropolitan school district is located.
32 (c) Nominees for the board shall be listed on the general election
33 ballot:
34 (1) in the form prescribed by IC 3-11-2;
35 (2) by board member districts; and
36 (3) without party designation.
37 The ballot must state the number of board members to be voted on and
38 the maximum number of members that may be elected from each board
39 member district as provided under section 5 of this chapter. A ballot
40 that contains more votes than the maximum number allowed from a
41 board member district is invalid.
42 (d) The precinct election boards in each county serving at the
2022 IN 144—LS 6559/DI 75 33
1 general election shall conduct the election for school board members.
2 (e) Voting and tabulation of votes shall be conducted in accordance
3 with IC 3, and the candidates who receive the most votes are elected to
4 the board.
5 (f) If there are more candidates from a particular board member
6 district than may be elected from the board member district under
7 section 5 of this chapter:
8 (1) the number of candidates elected is the greatest number that
9 may be elected from the board member district;
10 (2) the candidates elected are those who, among the candidates
11 from the board member district, receive the most votes; and
12 (3) the other candidates from the board member district are
13 eliminated.
14 (c) IC 3 governs the nomination and election of candidates.
15 (g) (d) If there is a tie vote among the candidates for the board, the
16 judge of the circuit court in the county where the majority of the
17 registered voters of the metropolitan school district reside shall select
18 one (1) of the candidates who shall be declared and certified elected.
19 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
20 (h) (e) If, at any time after the first board member election, A
21 vacancy on the board that occurs for any reason including an
22 insufficient number of petitions for candidates being filed, and
23 regardless of whether the vacating member was elected or appointed,
24 the remaining members of the board, whether or not a majority of the
25 board, shall by a majority vote fill the vacancy by:
26 (1) appointing a person from the board member district from
27 which the person who vacated the board was elected; or
28 (2) if the person was appointed, appointing a person from the
29 board member district from which the last elected predecessor of
30 the person was elected.
31 If a majority of the remaining members of the board is unable to agree
32 or the board fails to act within thirty (30) days after a vacancy occurs,
33 the judge of the circuit court in the county where the majority of
34 registered voters of the metropolitan school district reside shall make
35 the appointment. shall be filled as provided in IC 3-13-10.5-3.
36 (i) At a general election held on the earlier of:
37 (1) more than sixty (60) days after an elected board member
38 vacates membership on the board; or
39 (2) immediately before the end of the term for which the vacating
40 member was elected;
41 a successor to a board member appointed under subsection (h) shall be
42 elected. Unless the successor takes office at the end of the term of the
2022 IN 144—LS 6559/DI 75 34
1 vacating member, the member shall serve only for the balance of the
2 vacating member's term. In an election for a successor board member
3 to fill a vacancy for a two (2) year balance of a term, candidates for
4 board membership need not file for or with reference to the vacancy.
5 However, as required by IC 3-11-2, candidates for at-large seats must
6 be distinguished on the ballot from candidates for district seats. If there
7 is more than one (1) at-large seat on the ballot due to this vacancy, the
8 elected candidate who receives the fewest votes at the election at which
9 the successor is elected shall serve for a two (2) year term.
10 (j) (f) At the first general election where members of the board are
11 elected under this section, the elected candidates who constitute a
12 simple majority of the elected candidates and who receive the most
13 votes shall be elected for four (4) year terms, and the other elected
14 candidates shall be elected for two (2) year terms.
15 (k) (g) Board members shall be elected for four (4) year terms after
16 the first election and shall take office on the date set in the school
17 corporation's organization plan. The date set in the organization plan
18 for an elected member of the governing body to take office may not be
19 more than fourteen (14) months after the date of the member's election.
20 If the school corporation's organization plan does not set a date for an
21 elected member of the governing body to take office, the member takes
22 office January 1 immediately following the member's election.
23 SECTION 27. IC 20-23-8-4, AS ADDED BY P.L.1-2005,
24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 4. As used in this chapter, "plan" means the
26 manner in which the governing body of a school corporation is
27 constituted, including the number, qualifications, length of terms,
28 manner, and time of selection, either by appointment or by election of
29 the members of the governing body.
30 SECTION 28. IC 20-23-8-7, AS AMENDED BY P.L.119-2012,
31 SECTION 146, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A plan or proposed plan
33 must contain the following items:
34 (1) The number of members of the governing body, which shall
35 be:
36 (A) three (3);
37 (B) five (5); or
38 (C) seven (7);
39 members.
40 (2) Whether That the governing board body shall be elected
41 appointed, or both.
42 (3) If appointed, when and by whom, and a general description of
2022 IN 144—LS 6559/DI 75 35
1 the manner of appointment that conforms with the requirements
2 of IC 20-23-4-28.
3 (4) A provision that the members of an elected governing board
4 shall be elected at the general election at which county officials
5 are elected.
6 (5) If the governing board will have members who are elected and
7 members who are appointed, the following information:
8 (A) The number of appointed members.
9 (B) When and by whom each of the appointed members are
10 appointed.
11 (C) A general description of the manner of appointment that
12 conforms with the requirements of IC 20-23-4-28.
13 (D) The number of elected members.
14 (E) A general description of the manner of election that
15 conforms with the requirements of IC 20-23-4-27.
16 (6) (3) The limitations on:
17 (A) residence;
18 (B) term of office; and
19 (C) other qualifications;
20 required by members of the governing body.
21 (7) (4) The time the plan takes effect.
22 A plan or proposed plan may have additional details to make the
23 provisions of the plan workable. The details may include provisions
24 relating to the commencement or length of terms of office of the
25 members of the governing body taking office under the plan.
26 (b) Except as provided in Notwithstanding subsection (a)(1), in a
27 city having a population of more than fifty-five thousand (55,000) but
28 less than sixty thousand (60,000), fifty-four thousand (54,000) and
29 less than fifty-eight thousand (58,000), the governing body described
30 in a plan may have up to nine (9) members.
31 SECTION 29. IC 20-23-8-8, AS AMENDED BY P.L.219-2013,
32 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 8. (a) A plan is subject to the following
34 limitations:
35 (1) A member of the governing body may not serve for a term of
36 more than four (4) years, but a member may succeed himself or
37 herself in office. This limitation does not apply to members who
38 hold over during an interim period to effect a new plan awaiting
39 the selection and qualification of a member under the new plan.
40 (2) The plan if the members are:
41 (A) to be elected, shall conform with one (1) of the types of
42 board organization permitted by IC 20-23-4-27. or
2022 IN 144—LS 6559/DI 75 36
1 (B) appointed, shall conform with one (1) of the types
2 permitted by IC 20-23-4-28.
3 (3) The terms of the members of the governing body, either
4 elected to or taking office on or before the time the plan takes
5 effect, may not be shortened. The terms of the members taking
6 office under the plan may be shortened to make the plan workable
7 on a permanent basis.
8 (4) If the plan provides for electoral districts, where a member of
9 the governing body is elected solely by the voters of a single
10 district, the districts must be as near as practicable equal in
11 population. The districts shall be reapportioned and their
12 boundaries:
13 (A) changed, if necessary; or
14 (B) recertified, if changes are not necessary;
15 by resolution of the governing body not later than December 31
16 of the year next following the year in which a decennial census is
17 taken to preserve the equality of the governing body.
18 (5) The plan shall comply with the:
19 (A) Constitution of the State of Indiana; and
20 (B) Constitution of the United States;
21 including the equal protection clauses of both constitutions.
22 (6) The provisions of IC 20-23-4-26 through IC 20-23-4-33
23 relating to the board of trustees of a community school
24 corporation and to the community school corporation, including
25 provisions relating to powers of the board and corporation and
26 provisions relating to the mechanics of selection of the board
27 where elected and where appointed, apply to a governing body set
28 up by a plan under this chapter and to the school corporation.
29 (b) The limitations set forth in this section do not have to be
30 specifically set forth in a plan but are a part of the plan. A plan shall be
31 construed, if possible, to comply with this chapter. If a provision of the
32 plan or an application of the plan violates this chapter, the invalidity
33 does not affect the other provisions or applications of the plan that can
34 be given effect without the invalid provision or application. The
35 provisions of a plan are severable.
36 SECTION 30. IC 20-23-8-13, AS AMENDED BY P.L.43-2021,
37 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 13. (a) This section applies to a school
39 corporation located in a city having a population of more than eighty
40 thousand (80,000) but less than eighty thousand four hundred (80,400).
41 sixty-nine thousand (69,000) and less than sixty-nine thousand five
42 hundred (69,500).
2022 IN 144—LS 6559/DI 75 37
1 (b) The city legislative body may adopt an ordinance to increase the
2 membership of the governing body of a school corporation to seven (7)
3 members.
4 (c) The ordinance must provide the following:
5 (1) The additional members of the governing body are to be
6 appointed by the city executive.
7 (2) If the plan is subsequently changed to provide for the election
8 of governing body members:
9 (A) (1) The membership of the governing body may not be less
10 than seven (7). and
11 (2) The city executive shall appoint the initial additional
12 members of the governing body.
13 (B) (3) That the successors of the members of the governing
14 body appointed under subdivision (2) are to be elected at the
15 next general election.
16 (3) The initial terms of the members appointed under this section.
17 (4) The effective date of the ordinance.
18 (d) An ordinance adopted under this section:
19 (1) supersedes a part of the plan that conflicts with the ordinance;
20 (2) must be filed with the secretary of education under section 22
21 of this chapter; and
22 (3) may only be amended or repealed by the city legislative body.
23 SECTION 31. IC 20-23-8-21, AS AMENDED BY P.L.179-2011,
24 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 21. An election may not be held under this
26 chapter more than once each eighteen (18) months. A plan for a
27 governing body may not be adopted more than once each six (6) years,
28 except if either of the following applies:
29 (1) a plan adopted is declared or held to be invalid by a binding
30 judgment or order in a United States or an Indiana court that no
31 appeal or further approval can be taken.
32 (2) The plan provides solely for changes in items specified in
33 section 7(a)(5) of this chapter.
34 SECTION 32. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
35 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 UPON PASSAGE]: Sec. 8. (a) The board members of a merged school
37 corporation shall be elected at the first general election following the
38 merged school corporation's creation, and vacancies shall be filled in
39 accordance with IC 20-23-4-30. IC 3-13-10.5-3.
40 (b) Until the first election under subsection (a), the board of trustees
41 of the merged school corporation consists of the members of the
42 governing body of a school corporation in the county.
2022 IN 144—LS 6559/DI 75 38
1 (c) The first board of trustees shall select the name of the merged
2 school corporation by a majority vote. The name may be changed by
3 unanimous vote of the governing body of the merged school
4 corporation.
5 SECTION 33. IC 20-23-12-3, AS AMENDED BY
6 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
8 emergency manager appointed by the distressed unit appeal board
9 under IC 6-1.1-20.3 shall act as the governing body of the school
10 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
11 the powers and duties of the governing body of the school corporation.
12 The school corporation shall also have an advisory board that consists
13 of seven (7) members elected as follows:
14 (1) On a nonpartisan basis.
15 (2) in a general election in the county as provided in IC 3.
16 The advisory board is created to provide nonbinding recommendations
17 to the emergency manager.
18 (b) Six (6) of the members shall be elected from the school districts
19 drawn under section 4 of this chapter. Each member:
20 (1) is elected from the school district in which the member
21 resides; and
22 (2) upon election and in conducting the business of the advisory
23 board, represents the interests of the entire school corporation.
24 (c) One (1) of the members elected:
25 (1) is the at-large member of the advisory board;
26 (2) may reside in any of the districts drawn under section 4 of this
27 chapter; and
28 (3) upon election and in conducting the business of the advisory
29 board, represents the interests of the entire school corporation.
30 (d) A per diem may not be paid to a member.
31 (e) The advisory board may hold a public meeting subject to the
32 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
33 advisory board is subject to IC 5-14-1.5 (the open door law) for these
34 meetings. The advisory board may hold additional meetings that are
35 authorized as executive sessions under IC 5-14-1.5 (the open door law)
36 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
37 public notice requirements of IC 5-14-1.5 (the open door law) for these
38 additional meetings. The records of the advisory board are subject to
39 IC 5-14-3 (access to public records).
40 SECTION 34. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
41 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 3. (a) The governing body of the school
2022 IN 144—LS 6559/DI 75 39
1 corporation consists of five (5) members chosen as follows:
2 (1) Three (3) members shall be elected by the voters of the school
3 corporation at a general election to be held in the county and
4 every four (4) years thereafter.
5 (2) One (1) member shall be appointed by the city executive.
6 (3) One (1) member shall be appointed by the city legislative
7 body.
8 (b) The members elected under subsection (a)(1) (a) shall be elected
9 as follows:
10 (1) On a nonpartisan basis.
11 (2) In a general election held in the county.
12 (3) by the registered voters of the entire school corporation.
13 (c) The following apply to an election of members of the governing
14 body of the school corporation under subsection (a)(1):
15 (1) Each candidate must file a petition of nomination with the
16 circuit court clerk not earlier than one hundred four (104) days
17 and not later than seventy-four (74) days before the election at
18 which members are to be elected. The petition of nomination must
19 include the following information:
20 (A) The name of the candidate.
21 (B) A certification that the candidate meets the qualifications
22 for candidacy imposed by this chapter.
23 (2) Only eligible voters residing in the school corporation may
24 vote for a candidate seeking election. IC 3 applies to the
25 nomination and election of candidates to the governing body.
26 SECTION 35. IC 20-23-17-4, AS AMENDED BY P.L.219-2013,
27 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 UPON PASSAGE]: Sec. 4. (a) The term of each individual chosen to
29 serve on the governing body is four (4) years.
30 (b) The term of each individual chosen to serve on the governing
31 body begins on the date set in the school corporation's organization
32 plan. The date set in the organization plan for an elected member of the
33 governing body to take office may not be more than fourteen (14)
34 months after the date of the member's election. If the school
35 corporation's organization plan does not set a date for a member of the
36 governing body to take office, the member takes office January 1
37 immediately following the individual's election. or appointment.
38 SECTION 36. IC 20-23-17-6, AS ADDED BY P.L.179-2011,
39 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 UPON PASSAGE]: Sec. 6. (a) A vacancy in the office of an elected
41 member of the governing body shall be filled temporarily by the city
42 legislative body as soon as practicable after the vacancy occurs.
2022 IN 144—LS 6559/DI 75 40
1 (b) A vacancy in the office of an appointed member of the
2 governing body of the school corporation shall be filled by the
3 appointing authority that appointed the member whose office is vacant.
4 (c) An individual filling a vacancy under this section serves until the
5 expiration of the term of the member whose position the individual
6 fills. as provided in IC 3-13-10.5-3.
7 SECTION 37. IC 20-23-17-8, AS AMENDED BY P.L.193-2021,
8 SECTION 105, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This subsection applies
10 to a member of the governing body elected at the 2016 2020 general
11 election. The successors of a member elected at the 2016 2020 general
12 election shall:
13 (1) be elected at the 2024 general election and every four (4)
14 years thereafter as provided in section 3(a)(1) 3(a) of this chapter;
15 and
16 (2) take office as provided in section 4 of this chapter.
17 (b) This subsection applies to the appointed member of the
18 governing body whose term expires December 31, 2017. 2025.
19 Notwithstanding any other law, the term of office of this member
20 expires January 1, 2023. The successors of this member shall be
21 appointed by the city legislative body as provided in section 3(a)(3) of
22 this chapter elected at the 2022 general election and every four (4)
23 years thereafter and take office as provided in section 4 of this
24 chapter.
25 (c) This subsection applies to the member of the governing body
26 elected at the 2014 general election. The successors of a member
27 elected at the 2014 2018 general election shall:
28 (1) be elected at the 2022 general election and every four (4)
29 years thereafter as provided in section 3(a)(1) 3(a) of this chapter;
30 and
31 (2) take office as provided in section 4 of this chapter.
32 (d) This subsection applies to the appointed member of the
33 governing body whose term expires December 31, 2018. January 1,
34 2023. The successors of this member shall be appointed by the city
35 executive as provided in section 3(a)(2) of this chapter elected at the
36 2022 general election and every four (4) years thereafter and take
37 office as provided in section 4 of this chapter.
38 SECTION 38. IC 20-25-3-4, AS AMENDED BY P.L.219-2013,
39 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 UPON PASSAGE]: Sec. 4. (a) The board consists of seven (7)
41 members. A member:
42 (1) must be elected on a nonpartisan basis in general elections
2022 IN 144—LS 6559/DI 75 41
1 held in the county as specified in this section; and
2 (2) serves a four (4) year term.
3 (b) Five (5) members shall be elected from the school board districts
4 in which the members reside, and two (2) members must be elected at
5 large. Not more than two (2) of the members who serve on the board
6 may reside in the same school board district.
7 (c) If a candidate runs for one (1) of the district positions on the
8 board, only eligible voters residing in the candidate's district may vote
9 for that candidate. If a person is a candidate for one (1) of the at-large
10 positions, eligible voters from all the districts may vote for that
11 candidate.
12 (d) If a candidate files to run for a position on the board, the
13 candidate must specify whether the candidate is running for a district
14 or an at-large position.
15 (e) A candidate who runs for a district or an at-large position wins
16 if the candidate receives the greatest number of votes of all the
17 candidates for the position. IC 3 governs the nomination and election
18 of the members of the board under this section.
19 (f) (e) Districts shall be established within the school city by the
20 state board. The districts must be drawn on the basis of precinct lines,
21 and as nearly as practicable, of equal population with the population of
22 the largest district not to exceed the population of the smallest district
23 by more than five percent (5%). District lines must not cross precinct
24 lines. The state board, with assistance from the county election
25 board, shall establish:
26 (1) balloting procedures for the election under IC 3; and
27 (2) other procedures required to implement this section.
28 (g) (f) A member of the board serves under section 3 of this chapter.
29 (h) (g) In accordance with subsection (k), A vacancy in on the board
30 shall be filled temporarily by the board as soon as practicable after the
31 vacancy occurs. as provided in IC 3-13-10.5-3. The member chosen
32 by the board to fill a vacancy holds office until the member's successor
33 is elected and qualified. The successor shall be elected at the next
34 regular school board election occurring after the date on which the
35 vacancy occurs. The successor fills the vacancy for the remainder of
36 the term.
37 (i) (h) An individual elected to serve on the board begins the
38 individual's term on the date set in the school corporation's organization
39 plan. The date set in the organization plan for an elected member of the
40 board to take office may not be more than fourteen (14) months after
41 the date of the member's election. If the school corporation's
42 organization plan does not set a date for a member of the board to take
2022 IN 144—LS 6559/DI 75 42
1 office, the member takes office January 1 immediately following the
2 individual's election.
3 (j) Notwithstanding any law to the contrary, each voter must cast a
4 vote for a school board candidate or school board candidates by voting
5 system or paper ballot. However, the same method used to cast votes
6 for all other offices for which candidates have qualified to be on the
7 election ballot must be used for the board offices.
8 (k) If a vacancy in the board exists because of the death of a
9 member, the remaining members of the board shall meet and select an
10 individual to fill the vacancy in accordance with subsection (h) after
11 the secretary of the board receives notice of the death under IC 5-8-6.
12 SECTION 39. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
13 SECTION 107, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) If fewer candidates have
15 been elected to the school board than there were members to be
16 elected, the governing body shall determine not later than noon
17 December 31 following the election which incumbent member or
18 members continue to hold office under Article 15, Section 3 of the
19 Constitution of the State of Indiana until a successor is elected and
20 qualified. However,
21 (b) If a vacancy in the membership of a governing body occurs
22 whether the vacancy was of an elected or appointed member, for any
23 reason, the vacancy shall be filled as follows:
24 (1) If the vacant office was last held by an individual elected
25 or selected as a candidate of a major political party of
26 Indiana, the vacancy shall be filled by a caucus under
27 IC 3-13-11.
28 (2) If subdivision (1) does not apply, the remaining members of
29 the governing body shall by majority vote fill the vacancy by
30 appointing a person an individual from within the boundaries of
31 the school corporation. with the residence and other qualifications
32 provided for a regularly elected or appointed board member
33 filling the membership, to serve for the term or the balance of the
34 term. However, this subsection does not apply to a vacancy:
35 (1) of a member who serves on a governing body in an ex officio
36 capacity; or
37 (2) a vacancy in an appointed board membership if a plan,
38 resolution, or law under which the school corporation operates
39 specifically provides for filling vacancies by the appointing
40 authority.
41 (c) An individual appointed as provided in this section:
42 (1) must possess the qualifications provided for a regularly
2022 IN 144—LS 6559/DI 75 43
1 elected or appointed governing body member filling the
2 office; and
3 (2) holds office for the remainder of the unexpired term.
4 SECTION 40. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
5 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
7 this section.
8 (b) If a vacancy in a school board office exists because of the death
9 of a school board member, the remaining members of the governing
10 body shall meet and select an individual to fill the vacancy shall be
11 filled in accordance with section 4 of this chapter after the secretary
12 of the governing body receives notice of the death under IC 5-8-6. and
13 in accordance with section 4 of this chapter.
14 SECTION 41. IC 20-26-4-4.8 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE UPON PASSAGE]: Sec. 4.8. (a) Notwithstanding any
17 other law or the provisions of the organization plan of a school
18 corporation, the following apply:
19 (1) The term of office of an appointed member of the
20 governing body of a school corporation ends on January 1,
21 2023.
22 (2) The successor of an appointed member of the governing
23 body of a school corporation shall be elected at the 2022
24 general election, as provided by law.
25 (3) If the term of office of an appointed member of the
26 governing body of a school corporation was scheduled to end
27 before January 1, 2025:
28 (A) the term of office of the successor of that appointed
29 member elected under subdivision (2) ends on January 1,
30 2025; and
31 (B) the successor of the member elected under subdivision
32 (2) shall be elected at the 2024 general election and serve
33 a term of four (4) years, beginning January 1, 2025.
34 (4) If the term of office of an appointed member of the
35 governing body of a school corporation was scheduled to end
36 after December 31, 2024:
37 (A) the term of office of the successor of that appointed
38 member elected under subdivision (2) ends on January 1,
39 2027; and
40 (B) the successor of the member elected under subdivision
41 (2) shall be elected at the 2026 general election and serve
42 a term of four (4) years, beginning January 1, 2027.
2022 IN 144—LS 6559/DI 75 44
1 (b) This section expires July 1, 2031.
2 SECTION 42. IC 20-26-4-7, AS ADDED BY P.L.1-2005,
3 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 UPON PASSAGE]: Sec. 7. (a) Except as provided in IC 20-25-3-3, the
5 governing body of a school corporation by resolution has the power to
6 pay each member of the governing body a reasonable amount for
7 service as a member, not to exceed:
8 (1) two thousand dollars ($2,000) per year; and
9 (2) a per diem not to exceed the rate approved for members of the
10 board of school commissioners under IC 20-25-3-3(d).
11 (b) If the members of the governing body are totally comprised of
12 appointed members, the appointive authority under IC 20-23-4-28(e)
13 shall approve the per diem rate allowable under subsection (a)(2)
14 before the governing body may make the payments.
15 (c) To make a valid approval under subsection (b), the appointive
16 authority must approve the per diem rate with the same endorsement
17 required under IC 20-23-4-28(f) to make the appointment of the
18 member.
19 SECTION 43. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
20 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 UPON PASSAGE]: Sec. 5. In accordance with rules adopted by the
22 judges of the court under section 6 of this chapter, the presiding judge
23 shall do the following:
24 (1) Ensure that the court operates efficiently and judicially under
25 rules adopted by the court.
26 (2) Annually submit to the fiscal body of Monroe County a budget
27 for the court, including amounts necessary for:
28 (A) the operation of the circuit's probation department;
29 (B) the defense of indigents; and
30 (C) maintaining an adequate law library.
31 (3) Make the appointments or selections required of a circuit or
32 superior court judge under the following statutes:
33 IC 8-4-21-2
34 IC 11-12-2-2
35 IC 16-22-2-4
36 IC 16-22-2-11
37 IC 16-22-7
38 IC 20-23-4
39 IC 20-23-7-6
40 IC 20-23-7-8.1
41 IC 20-26-7-8
42 IC 20-26-7-14
2022 IN 144—LS 6559/DI 75 45
1 IC 20-47-2-15
2 IC 20-47-3-13
3 IC 36-9
4 IC 36-10
5 IC 36-12-10-10.
6 (4) Make appointments or selections required of a circuit or
7 superior court judge by any other statute, if the appointment or
8 selection is not required of the court because of an action before
9 the court.
10 SECTION 44. An emergency is declared for this act.
2022 IN 144—LS 6559/DI 75