reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-12. Action by the Governing Body on a Petition

Sec. 12. The governing body shall, by resolution adopted not more than thirty (30) days after a petition is filed with it, either approve or disapprove a plan. The failure to take action within the thirty (30) day period constitutes disapproval of the plan.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-7.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-13. School Corporations in Certain Cities; Increase in Membership of Governing Body

Sec. 13. (a) This section applies to a school corporation located in a city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).
(b) The city legislative body may adopt an ordinance to increase the membership of the governing body of a school corporation to seven (7) members.
(c) The ordinance must provide the following:
(1) The additional members of the governing body are to be appointed by the city executive.
(2) If the plan is subsequently changed to provide for the election of governing body members:
(A) the membership of the governing body may not be less than seven (7); and
(B) the members of the governing body are to be elected.
(3) The initial terms of the members appointed under this section.
(4) The effective date of the ordinance.
(d) An ordinance adopted under this section:
(1) supersedes a part of the plan that conflicts with the ordinance;
(2) must be filed with the secretary of education under section 22 of this chapter; and
(3) may only be amended or repealed by the city legislative body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-7.5.]
As added by P.L.1-2005, SEC.7. Amended by P.L.119-2012, SEC.147; P.L.43-2021, SEC.62; P.L.104-2022, SEC.122.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-14. Notice of Plan and Further Petitions

Sec. 14. (a) Not more than ten (10) days after a governing body has:
(1) initiated;
(2) approved; or
(3) disapproved;
a plan initiated by the petition filed with it, the governing body shall publish a notice one (1) time in a newspaper of general circulation in the county of the school corporation. If a newspaper of general circulation is not published in the county of the school corporation, the governing body shall publish a notice one (1) time in a newspaper of general circulation published in a county adjoining the county of the school corporation.
(b) The notice must set out the text of a plan initiated by the governing body or another plan filed with the governing body before the preparation of the notice. The notice must also state the right of a voter, as provided in this section, to file a petition for alternative plans or a petition protesting the adoption of a plan or plans to which the notice relates.
(c) If the governing body fails to publish a notice required by this section, the governing body shall, not more than five (5) days after the expiration of the ten (10) day period for publication of notice under this section, submit the petition that has been filed with the clerk to the state board, whether or not the plan contained in the petition or the petition meets the requirements of this chapter.
(d) Not later than one hundred twenty (120) days after the publication of the notice, voters of the school corporation may file with the clerk a petition protesting a plan initiated or approved by the governing body or a petition submitting an alternative plan as follows:
(1) A petition protesting a plan shall be signed by at least twenty percent (20%) of the voters of the school corporation or five hundred (500) voters of the school corporation, whichever is less.
(2) A petition submitting an alternative plan shall be signed by at least twenty percent (20%) of the voters of the school corporation.
A petition filed under this subsection shall be certified by the clerk and shall be filed with the governing body in the same manner as is provided for a petition in section 11 of this chapter.
(e) The governing body or the voters may not initiate or file additional plans until the plans that were published in the notice or submitted as alternative plans not later than one hundred twenty (120) days after the publication of the notice have been disposed of by:
(1) adoption;
(2) defeat at a special election held under section 16 of this chapter; or
(3) combination with another plan by the state board under section 15 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-8.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-15. Submission of Plans to State Board of Education; Publication of Notice of Plan

Sec. 15. (a) Not more than thirty (30) days after the expiration of the one hundred twenty (120) day period for filing a petition, plans that have been published in accordance with section 14 of this chapter, whether the plans were initiated by the governing body or in connection with a petition, shall be submitted to the state board.
(b) The state board shall:
(1) review a plan;
(2) revise a plan, if possible, to:
(A) cure ambiguities; and
(B) ensure that the plan complies with the limitations set out in section 8 of this chapter;
(3) if a plan provides for electoral districts, verify that the districts are, as near as practicable, equal in population according to the decennial census immediately preceding the first petition or resolution initiating the plan; and
(4) certify a plan, with revisions, to the governing body and to the clerk.
The state board may combine plans if the state board determines that the plans are substantially similar. In making its determinations, the commission may, but is not obligated to, hold hearings and shall make an investigation as it considers necessary. If the state board holds a hearing, the state board may hear the evidence through hearing examiners, who do not have to be members of the state board. The state board shall send a certified record of its determinations to the governing body, the clerk, and the county election board.
(c) Not more than sixty (60) days after receiving a plan submitted by a governing body under section 14 of this chapter, the state board shall publish notice of the plan in accordance with section 14 of this chapter, unless the state board determines that the plan or the petition does not meet the requirements of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-9.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-16. Special Election

Sec. 16. (a) If:
(1) the governing body has disapproved a plan submitted;
(2) an alternative plan has been filed; or
(3) a petition of protest has been filed;
the county election board shall hold a special election at a date to be determined by the county election board not more than ninety (90) days after the receipt of the determination of the state board on a plan in the form certified by the state board.
(b) If a special election under subsection (a) can be held not more than six (6) months after the receipt of the determination from the state board in conjunction with a primary or general election at which:
(1) county officials are to be elected or nominated; or
(2) city or town officials are to be elected in those areas of the school corporations that are within the city or town;
the county election board may delay the special election until the date of the regular election.
(c) If a school corporation is located in more than one (1) county, the county election board of the county containing the greatest percentage of population of the school corporation shall determine the date of an election held under this section.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-10.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-17. Form of Election Notice and Ballot

Sec. 17. (a) The clerk shall create the form of notice of the election and the ballot not more than thirty (30) days after receiving the certification from the state board as required by section 15 of this chapter. The notice must:
(1) state the date when the election shall take place; and
(2) describe generally the plans to be voted upon.
(b) The text of the public question on the ballot must include a description of the plan proposed, including:
(1) the number of members on the board;
(2) the number of electoral or resident member districts, if any;
(3) the number of at-large districts, if any;
(4) a general description of the geographical boundaries of the districts, referring to civil boundaries where applicable or merely general descriptions, such as the north half or north part of a civil geographical district or the territory north of a geographical boundary; and
(5) other information sufficient to distinguish a plan from other plans.
If the text of the public question includes a description of the plan regarding how the current board is organized, as required by subsection (d), the plan must be identified as the existing plan.
(c) If only one (1) plan is proposed, the ballot shall be prepared so that voters who wish to vote on the plan must cast either an affirmative vote or a negative vote.
(d) If more than one (1) plan is proposed, the plan organizing the governing body must appear on the ballot as an option. The text of the public question must include a description of the existing plan that meets the criteria specified in subsection (b). The ballot must be prepared so that voters who wish to vote on the plans may vote for only one (1) plan.
(e) The text of the public question must be placed on the ballot in the form prescribed by IC 3-10-9-4.
(f) Subject to IC 3-12-1, the notice or ballot is not invalid if there has been a good faith effort to comply with this section.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-11.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-18. Conduct of Election

Sec. 18. (a) The county election board shall give notice of an election under section 16 of this chapter after receiving the form of notice and ballot from the clerk. The county election board shall publish notice one (1) time in two (2) newspapers of general circulation in the school corporation, or if only one (1) newspaper is of general circulation, then in that newspaper. The publication may not be made less than ten (10) days nor more than forty-five (45) days before the election. Any other notice of the election or requirement for the time of printing ballots, whether prescribed by IC 3 or otherwise, is not required to be given or observed. A person may not vote at the special election unless the person is then qualified as a registered voter.
(b) IC 3 applies to the conduct of an election under this chapter, except if the provisions of this chapter are in conflict with provisions of IC 3 or if IC 3 cannot be practicably applied.
(c) If the special election is not conducted at a primary or general election, the school corporation shall pay the cost of conducting the election from the school corporation's operations fund not otherwise appropriated without appropriation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-12.]
As added by P.L.1-2005, SEC.7. Amended by P.L.244-2017, SEC.27.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-19. When Plan Adopted

Sec. 19. (a) A plan shall be adopted in the following circumstances:
(1) At the expiration of one hundred twenty (120) days after the publication of notice by the governing body if:
(A) the governing body has initiated or approved the plan;
(B) a petition has not been filed either protesting the plan or setting forth an alternative plan; and
(C) the state board has reviewed and certified the plan.
(2) If only one (1) plan is on the ballot and it receives more affirmative than negative votes, the plan is adopted at the expiration of thirty (30) days following the special election.
(3) If more than one (1) plan is on the ballot, the plan receiving the most votes is adopted at the expiration of thirty (30) days after the special election.
(b) The plan is effective:
(1) at the time provided in the plan; or
(2) if a time is not provided or if the time provided is inapplicable due to the lapse of time of the proceedings under this chapter, either on the January 1 or July 1 following the time of adoption of the plan.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-13.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-20. Limitation on Actions

Sec. 20. An action to:
(1) contest the validity of the adoption of a plan to declare that the plan has not been validly adopted; or
(2) enjoin the operation of a plan;
may not be instituted with respect to the adoption of the plan under section 19(a)(1) of this chapter at any time later than the one hundred twenty (120) days following the publication of the notice required by section 14 of this chapter or under section 19(a)(2) or 19(a)(3) of this chapter at any time later than the thirtieth day following the election at which the plan is adopted.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-14.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-21. Limitation on Elections and Adoption of Plan

Sec. 21. An election may not be held under this chapter more than once each eighteen (18) months. A plan for a governing body may not be adopted more than once each six (6) years, except if either of the following applies:
(1) A plan adopted is declared or held to be invalid by a binding judgment or order in a United States or an Indiana court that no appeal or further approval can be taken.
(2) The plan provides solely for changes in items specified in section 7(a)(5) of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-15.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.19.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-22. Transcript or Description to Be Filed With Secretary of Education

Sec. 22. (a) A school corporation shall file with the secretary of education:
(1) a transcript showing the acts and resolutions related to the school corporation's formation; and
(2) a description, if not otherwise contained in the transcript under subdivision (1), of the structure and manner of selection of its governing body.
(b) The transcript or description under subsection (a) shall be filed not more than sixty (60) days after the school corporation's creation or the school corporation's adoption of a new plan.
(c) A school corporation shall file with the secretary of education before August 1 of each year a list of names and addresses of:
(1) members of its governing body; and
(2) the school corporation's officers along with the expiration of the officer's respective terms.
(d) A school corporation shall file any change to a list under subsection (c) not later than thirty (30) days after the change occurs.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-16.]
As added by P.L.1-2005, SEC.7. Amended by P.L.43-2021, SEC.63.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-23. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-17.]
As added by P.L.1-2005, SEC.7. Repealed by P.L.233-2015, SEC.72.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-24. Court Orders on Plans

Sec. 24. If a United States or an Indiana court enters a binding temporary or permanent order directing or approving a change in the manner of selecting the governing body, any governing body selected under the order is the legal governing body of the school corporation, until its manner of selection is changed under this or any other applicable Indiana statute.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-18.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-25. Special Elections; Supervision by County Election Board; Expenses

Sec. 25. (a) In implementing a plan adopted under this chapter, requiring the holding of a special election, the county election board, or county election boards in the case of a multicounty school corporation, shall hold, manage, and supervise a special election.
(b) The county election board shall pay the costs of a special election.
(c) A school corporation shall reimburse the county election board from the school corporation's operations fund money not otherwise appropriated, without appropriation, if a special election occurs under this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-19.]
As added by P.L.1-2005, SEC.7. Amended by P.L.244-2017, SEC.28.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-1. "Annexing Corporation"

Sec. 1. As used in this chapter, "annexing corporation" refers to a school corporation that has annexed all or part of any territory of a township school.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-1.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-2. "Township"

Sec. 2. As used in this chapter, "township" refers to a township where any part of a township school was located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-3.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-3. "Township School"

Sec. 3. As used in this chapter, "township school" refers to:
(1) a township school that loses territory to an annexing corporation as a result of an annexation;
(2) the township school's successor; or
(3) the township.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-4.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-4. Petition of Appeal

Sec. 4. (a) An annexing corporation may file a petition of appeal with the department of local government finance for emergency financial relief.
(b) The annexing corporation shall serve the petition on the following:
(1) The department.
(2) The township.
(3) The township school.
(4) Any other annexing corporation that annexed the township school on the same date.
(c) All annexing corporations are parties to the petition.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-5.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-5. Factfinding Hearing

Sec. 5. If the department of local government finance receives a petition of appeal under section 4 of this chapter, the department of local government finance shall hold a factfinding hearing.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-6.]
As added by P.L.1-2005, SEC.7. Amended by P.L.182-2009(ss), SEC.311.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-6. Determinations at Factfinding Hearings

Sec. 6. (a) At a factfinding hearing under section 5 of this chapter, the department of local government finance shall determine the following:
(1) Whether the township school has made all payments required by any statute, including the following:
(A) P.L.32-1999.
(B) IC 20-23-5-12.
(C) The resolution or plan of annexation of the township school, including:
(i) any amendment to the resolution or plan;
(ii) any supporting or related documents; and
(iii) any agreement between the township school and an annexing corporation relating to the winding up of affairs of the township school.
(2) The amount, if any, by which the township school is in arrears on any payment described in subdivision (1).
(3) Whether the township school has filed with the department of local government finance all reports concerning the affairs of the township school, including all transfer tuition reports required for the two (2) school years immediately preceding the date on which the township school was annexed.
(b) In determining the amount of arrears under subsection (a)(2), the department of local government finance shall consider all amounts due to an annexing corporation, including the following:
(1) Any transfer tuition payments due to the annexing corporation.
(2) All levies, excise tax distributions, and state distributions received by the township school and due to the annexing corporation, including levies and distributions received by the township school after the date on which the township school was annexed.
(3) All excessive levies that the township school agreed to impose and pay to an annexing corporation but failed to impose.
(c) If, in a hearing under this section, the department of local government finance determines that a township school has:
(1) under subsection (a)(1), failed to make a required payment; or
(2) under subsection (a)(3), failed to file a required report;
the department may act under section 7 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-7.]
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.24; P.L.182-2009(ss), SEC.312.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-7. Powers of Department After Determination; Payments

Sec. 7. (a) If the department of local government finance makes a determination under section 6(c) of this chapter, the department:
(1) may prohibit a township from:
(A) acquiring real estate;
(B) making a lease or incurring any other contractual obligation calling for an annual outlay by the township exceeding ten thousand dollars ($10,000);
(C) purchasing personal property for a consideration greater than ten thousand dollars ($10,000); and
(D) adopting or advertising a budget, tax levy, or tax rate for any calendar year;
until the township school has made all required payments under section 6(a)(1) of this chapter and filed all required reports under section 6(a)(3) of this chapter; and
(2) shall certify to the treasurer of state the amount of arrears determined under section 6(a)(2) of this chapter.
(b) Upon being notified of the amount of arrears certified under subsection (a)(2), the treasurer of state shall make payments from the funds of state to the extent, but not in excess, of any amounts appropriated by the general assembly for distribution to the township school, deducting the payments from any amount distributed to the township school.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-8.]
As added by P.L.1-2005, SEC.7. Amended by P.L.182-2009(ss), SEC.313.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 9. Annexation of a Township School Corporation › 20-23-9-8. Excess Levy

Sec. 8. The department may grant permission to a township school or a township to impose an excess levy to satisfy its obligations under this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-57-9.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-1. "Concurrent Resolutions"

Sec. 1. As used in this chapter, "concurrent resolutions" means substantially identical resolutions adopted by the governing bodies of the school corporations in a county.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-1(d).]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-2. "Governing Body"

Sec. 2. As used in this chapter, "governing body" means the board or commission charged by law with the responsibility of administering the affairs of a school corporation, including a board of school commissioners, metropolitan board of education, board of school trustees, or board of trustees.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-1(c).]
As added by P.L.1-2005, SEC.7. Amended by P.L.233-2015, SEC.73.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-3. "Merger"

Sec. 3. As used in this chapter, "merger" means the merger of all the school corporations in a county into a single school corporation in which the rights and obligations of each school corporation, including the right to receive tax and other money, are transferred into a new corporation to be known in this chapter as the merged corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-1(e).]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-4. "School Corporation in the County"

Sec. 4. As used in this chapter, "school corporation in the county" means all the school corporations that have territory in a county.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-1(b).]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-5. Merger Resolution; Contents

Sec. 5. School corporations in a county may merge in the following manner:
(1) The governing bodies of the school corporations shall adopt a concurrent resolution providing for the merger.
(2) The resolutions in subdivision (1) shall be adopted not later than sixty (60) days after the date the first concurrent resolution is adopted by a governing body. The resolutions must provide for the following:
(A) The makeup of board member districts, including that:
(i) board members shall be elected from the entire merged school corporation, but residence requirements may provide that members live in different districts;
(ii) the board member districts need not be equal in size or population, and one (1) board member district may include the area in the merged school corporation;
(iii) the number of members of the governing body of the merged school corporation to be elected from a board member district need not be equal in number; and
(iv) concurrent resolutions may also eliminate requirements that there be board member districts.
(B) The number of members on the governing body of the merged school corporation must be:
(i) three (3);
(ii) five (5); or
(iii) seven (7);
members.
(C) The time the merged school corporation comes into existence.
If a time is not provided when the merged school corporation comes into existence or if a final judgment in the remonstrance proceeding is delayed beyond the time set in the concurrent resolutions, the merged school corporation comes into existence on July 1 following the adoption of the resolutions or the final judgment, whichever occurs last.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-2.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-6. Notice of Adoption of Concurrent Resolutions; Effective Date of Merger

Sec. 6. (a) After the last concurrent resolution under section 5 of this chapter is adopted, notice of the adoption of the concurrent resolutions shall be given by stating:
(1) the substance of the concurrent resolutions;
(2) that the resolutions have been adopted; and
(3) that a right of remonstrance exists as provided in this chapter.
It is not necessary to set out the remonstrance provisions of the statute, but a general reference to the right of remonstrance with a reference to this chapter is sufficient.
(b) The notice under subsection (a) shall be made two (2) times, one (1) week apart:
(1) with each notice by publication:
(A) in two (2) daily newspapers, published in the English language and of general circulation in the county; or
(B) if there is only one (1) daily or weekly newspaper in the county, publication in that newspaper is sufficient; or
(2) with the first publication of notice in the newspaper or newspapers as provided in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web sites of each school corporation subject to the merger.
(c) The merger shall take effect at the time provided in section 5 of this chapter unless, not more than thirty (30) days after the first publication of the notice under subsection (b)(1), a remonstrance is filed in the circuit or superior court of the county by registered voters equal in number to at least ten percent (10%) of the registered voters of a school corporation in the county.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-3.]
As added by P.L.1-2005, SEC.7. Amended by P.L.152-2021, SEC.30.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-8. Election of Board Members of Merged School Corporations

Sec. 8. (a) The board members of a merged school corporation shall be elected at the first general election following the merged school corporation's creation, and vacancies shall be filled in accordance with IC 20-23-4-30.
(b) Until the first election under subsection (a), the board of trustees of the merged school corporation consists of the members of the governing body of a school corporation in the county.
(c) The first board of trustees shall select the name of the merged school corporation by a majority vote. The name may be changed by unanimous vote of the governing body of the merged school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-5.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.20; P.L.233-2015, SEC.74.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 10. Merger of School Corporations Within Counties › 20-23-10-9. Powers of Merged School Corporation

Sec. 9. A merged school corporation has the powers provided in IC 20-23-4-26 through IC 20-23-4-33.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-6.]
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.100.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 11. Joint Schools in Adjacent States › 20-23-11-1. Authorization to Maintain Joint School

Sec. 1. If a school trustee or board of school trustees of any school corporation in Indiana that is adjacent to a school corporation of another state believes the best interests of the public schools can be promoted by purchasing school grounds, repairing or erecting a schoolhouse or schoolhouses, and maintaining a school jointly between the two (2) adjacent school corporations, the school trustee or school trustees of the school corporation of Indiana so situated may enter into an agreement with the school authorities of the adjacent school corporation to:
(1) purchase school grounds or repair or construct a school building;
(2) purchase school furniture, equipment, appliances, or fuel; or
(3) employ teachers and maintain a school;
if, in the judgment of the school trustee or trustees of Indiana, the best interests of the public school can be promoted by doing so.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-56-1.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 11. Joint Schools in Adjacent States › 20-23-11-2. Authorization for Trustees to Levy Taxes

Sec. 2. The trustee or trustees of Indiana may perform duties in maintaining the joint school as are otherwise provided by law for maintaining the public schools in Indiana.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-56-1.]
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.101.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 11. Joint Schools in Adjacent States › 20-23-11-3. School Corporation Duties

Sec. 3. In carrying out this chapter, the school corporation shall pay the proportion of the cost of purchasing school grounds, repairing or erecting new building or buildings, and in maintaining the joint school, as the school trustees of the two (2) adjacent school corporations determines is equitable and just.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-56-1.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-1. Applicability of Chapter

Sec. 1. IC 20-23-8 does not apply to:
(1) a school corporation; or
(2) the governing body of a school corporation;
covered by this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-1.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-2. "School Corporation"

Sec. 2. As used in this chapter, "school corporation" means a school corporation that was designated as a distressed political subdivision in 2017 under IC 6-1.1-20.3-6.8(d).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-2.]
As added by P.L.1-2005, SEC.7. Amended by P.L.119-2012, SEC.148; P.L.104-2022, SEC.123; P.L.184-2023, SEC.32.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-3. Emergency Manager; Powers and Duties as Governing Body

Sec. 3. The emergency manager appointed by the distressed unit appeal board under IC 6-1.1-20.3 shall act as the governing body of the school corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including the powers and duties of the governing body of the school corporation until the school corporation's status as a distressed political subdivision is terminated under IC 6-1.1-20.3-13(b).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-3.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.21; P.L.213-2018(ss), SEC.16; P.L.184-2023, SEC.33.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-4. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-4.]
As added by P.L.1-2005, SEC.7. Repealed by P.L.184-2023, SEC.34.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-5. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-5.]
As added by P.L.1-2005, SEC.7. Amended by P.L.230-2005, SEC.79; P.L.1-2006, SEC.318; P.L.213-2018(ss), SEC.17. Repealed by P.L.184-2023, SEC.35.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-6. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-6.]
As added by P.L.1-2005, SEC.7. Amended by P.L.213-2018(ss), SEC.18. Repealed by P.L.184-2023, SEC.36.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-7. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-7.]
As added by P.L.1-2005, SEC.7. Repealed by P.L.184-2023, SEC.37.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-8. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-8.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.22; P.L.219-2013, SEC.82; P.L.213-2018(ss), SEC.19. Repealed by P.L.184-2023, SEC.38.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-9. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-9.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.23; P.L.216-2015, SEC.36; P.L.74-2017, SEC.70; P.L.278-2019, SEC.171; P.L.193-2021, SEC.103; P.L.141-2023, SEC.18. Repealed by P.L.170-2023, SEC.21 and P.L.184-2023, SEC.39.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-10. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-10.]
As added by P.L.1-2005, SEC.7. Amended by P.L.213-2018(ss), SEC.20. Repealed by P.L.184-2023, SEC.40.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12. Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body › 20-23-12-11. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-21-11.]
As added by P.L.1-2005, SEC.7. Amended by P.L.213-2018(ss), SEC.21; P.L.43-2021, SEC.64. Repealed by P.L.184-2023, SEC.41.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12.1. Appointment of Governing Body Members for Gary Community School Corporation › 20-23-12.1-0.5. Purpose

Sec. 0.5. The general assembly recognizes the following:
(1) The Gary Community School Corporation has achieved financial and operational stability.
(2) The Gary Community School Corporation is expected to meet the conditions for termination of distressed status in the near future.
(3) The Gary Community School Corporation no longer requires special state oversight by the distressed unit appeal board.
(4) That it is appropriate to transition to a new governing body.
(5) The state should continue to monitor and evaluate the effectiveness of the governance structure.
As added by P.L.184-2023, SEC.42.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12.1. Appointment of Governing Body Members for Gary Community School Corporation › 20-23-12.1-2. Gary Community School Corporation Governing Body; Appointment; Terms and Expiration; Chairperson

Sec. 2. (a) The governing body of the Gary Community School Corporation consists of the following five (5) members:
(1) One (1) member appointed by the executive of the city of Gary. The member appointed under this subdivision must reside within the boundaries of the Gary Community School Corporation.
(2) One (1) member appointed by the common council of the city of Gary. The member appointed under this subdivision must reside within the boundaries of the Gary Community School Corporation.
(3) Three (3) members appointed by the secretary of education. Of the members appointed under this subdivision:
(A) at least one (1) member must reside within the boundaries of the Gary Community School Corporation; and
(B) at least one (1) member (in addition to the member described in clause (A)) must reside in Lake County.
In appointing members under this subdivision, the secretary of education may consider whether a candidate has experience and expertise in kindergarten through grade 12 education, financial management, career development, or higher education.
(b) The initial members appointed under subsection (a) shall serve staggered terms beginning July 1, 2023, as follows:
(1) The initial member appointed under subsection (a)(1) must be appointed for one (1) year.
(2) The initial member appointed under subsection (a)(2) must be appointed for two (2) years.
(3) Two (2) of the initial members appointed under subsection (a)(3) must be appointed for one (1) year.
(4) One (1) of the initial members appointed under subsection (a)(3), who is not appointed to an initial term described in subdivision (3), must be appointed for two (2) years.
(c) A member's term expires June 30 in the applicable year of expiration. Thereafter, subject to subsection (d), each member shall serve for a term of two (2) years. A member appointed under subsection (a) may be reappointed to an unlimited number of successive terms.
(d) A member of the governing body serves at the pleasure of the appointing authority of the member. Vacancies in the appointments to the governing body shall be filled by the original appointing authority in accordance with the term requirements established in this section. An appointed member serves for the remainder of an unexpired term.
(e) The chairperson of the governing body shall be appointed by the secretary of education from the members appointed under subsection (a).
As added by P.L.184-2023, SEC.42.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12.1. Appointment of Governing Body Members for Gary Community School Corporation › 20-23-12.1-3. Gary Community School Corporation Governing Body; Advisory Capacity; Selection of Superintendent or Executive Leader; Library Board Voting

Sec. 3. (a) The governing body appointed under section 2 of this chapter shall serve in an advisory capacity to the distressed unit appeal board and the emergency manager appointed by the distressed unit appeal board under IC 6-1.1-20.3, until the later of:
(1) July 1, 2024; or
(2) a date on which the school corporation's status as a distressed political subdivision is terminated.
(b) Notwithstanding subsection (a), the governing body appointed under section 2 of this chapter may select a superintendent or executive leader for the school corporation whose employment would begin on the later of:
(1) July 1, 2024; or
(2) a date on which the school corporation's status as a distressed political subdivision is terminated.
(c) Notwithstanding subsection (a), the governing body appointed under section 2 of this chapter may vote to make the appointments to the library board under IC 36-12-2-9(3).
As added by P.L.184-2023, SEC.42.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12.1. Appointment of Governing Body Members for Gary Community School Corporation › 20-23-12.1-4. Gary Community School Corporation Governing Body; Powers and Duties; Annual Budgeting

Sec. 4. (a) On the later of:
(1) July 1, 2024; or
(2) the date on which the school corporation's status as a distressed political subdivision is terminated;
the governing body appointed under section 2 of this chapter assumes all the powers, rights, duties, and obligations of a community school corporation as set forth in IC 20-23-4-26.
(b) For the purposes of annual budgeting, IC 6-1.1-17-20 does not apply to the governing body. The governing body is considered a governing body with the majority of members elected for the purposes of annual budgeting.
As added by P.L.184-2023, SEC.42.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12.1. Appointment of Governing Body Members for Gary Community School Corporation › 20-23-12.1-5. Gary Community School Corporation Governing Body; Submission of Financial Position and Operation Report to Distressed Unit Appeal Board

Sec. 5. Not later than October 31, 2025, and each October 31 thereafter, the governing body shall submit to the distressed unit appeal board a report summarizing the financial position and operations of the school corporation for the previous state fiscal year. The report shall include any additional information requested by the distressed unit appeal board and be in the form specified by the distressed unit appeal board.
As added by P.L.184-2023, SEC.42.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 12.1. Appointment of Governing Body Members for Gary Community School Corporation › 20-23-12.1-6. Gary Community School Corporation Governing Body; Submission of Report to Distressed Unit Appeal Board and Budget Committee

Sec. 6. Before July 1, 2026, the governing body shall also submit a report to the distressed unit appeal board and the budget committee. The report required by this section must address each of the following topics:
(1) Finances.
(2) Operations.
(3) Academics.
(4) The effectiveness of the governance structure.
The distressed unit appeal board shall present the topics addressed by the report to the budget committee before November 1, 2026.
As added by P.L.184-2023, SEC.42.