reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-0.5. "Subunit"

Sec. 0.5. As used in this chapter, "subunit" refers to the geographic territory of a school corporation as the school corporation exists at the time the school corporation consolidates with one (1) or more other school corporations under section 12.5 of this chapter.
As added by P.L.169-2017, SEC.1.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-1. "Trustees"

Sec. 1. As used in this chapter, "trustees" means the:
(1) township trustee and township board; or
(2) governing body;
of each school corporation joining in the resolution provided for in this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-14.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-2. Authorization to Consolidate

Sec. 2. The governing body of two (2) or more school corporations, whether:
(1) towns;
(2) cities;
(3) townships;
(4) joint schools; or
(5) consolidated schools;
situated in the same or adjoining counties may, in the manner and upon the conditions prescribed in this chapter, consolidate their respective school corporations or be required to consolidate their respective school corporations as provided under section 5.5 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-1.]
As added by P.L.1-2005, SEC.7. Amended by P.L.169-2017, SEC.2.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-4. Amendment of Joint Resolution of Provisions Regarding Superintendent

Sec. 4. (a) If the joint resolution under section 3 of this chapter provides that the consolidated schools shall be under the direction of the county superintendent of schools, the resolution may be amended by following the procedure in this section to provide that the consolidated schools are under the direction of a superintendent selected by the governing body of the new consolidated school corporation. The change shall be effected by a resolution adopted by a majority of the members of the governing body at a meeting held within the limits of the consolidated school corporation. All the members of the governing body shall receive or waive written notice of the:
(1) date;
(2) time;
(3) place; and
(4) purpose;
of the meeting. The resolution and proof of service or waiver of the notice shall be made a part of the records of the governing body. An amendment takes effect after the adoption of a resolution at the time a superintendent is selected by the governing body and commences the superintendent's duties. The superintendent shall serve under a contract in the same manner and under the same rules governing the employment and service of other licensed personnel. The superintendent's original contract and succeeding contracts must comply with IC 20-28-8-6.
(b) The joint resolution of a consolidated school corporation may not be amended under this section unless the corporation is entitled at the time the governing body adopts an amending resolution under:
(1) the rules established by the state board or its successor; or
(2) any appropriation or other statute;
to an additional unit or administrative unit of state support if the governing body employs a licensed superintendent devoting full time to administration or supervision of schools of the corporation.
(c) In all instances of reorganization under this chapter after March 11, 1965, the consolidated school corporation shall be under the direction of a superintendent selected by its governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-3.]
As added by P.L.1-2005, SEC.7. Amended by P.L.208-2017, SEC.1.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-6. Election Procedure; Form of Ballot

Sec. 6. (a) On the day and hour named in the notice filed under section 5 of this chapter, polls shall be opened and the votes of the registered voters shall be taken upon the public question of consolidating school corporations. The election shall be governed by IC 3, except as provided in this chapter.
(b) The county election board shall conduct the election. The public question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state "Shall (here insert the names of the school corporations that the resolution proposes to consolidate) be consolidated into a consolidated school corporation?".
(c) A brief statement of the provisions in the resolution for appointment or election of a governing body may be placed on the ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes cast for and against the consolidation of the school corporations shall be filed with:
(1) the governing body of the school corporations subject to the election;
(2) the secretary of education; and
(3) the county recorder of each county in which a consolidated school corporation is located;
together with a copy of the resolution.
(d) If a majority of the votes cast at each of the elections is in favor of the consolidation of two (2) or more school corporations, the trustees of the school corporations shall proceed to consolidate the schools and provide the necessary buildings and equipment. In any school corporation where a petition was not filed and an election was not held, the failure on the part of the voters to file a petition for an election shall be considered to give the consent of the voters of the school corporation to the consolidation as set out in the resolution.
(e) If the special election is not conducted at a primary or general election, the expense of the election shall be borne by the school corporation or each of the school corporations subject to the election and shall be paid out of the school corporation's operations fund.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-5.]
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.95; P.L.244-2017, SEC.23; P.L.43-2021, SEC.61.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-7. Consolidated Schools Under Management of Original Trustees

Sec. 7. (a) Each school of the consolidated schools is under the control and management of the original governing body until the consolidated school corporation comes into existence at the time provided in section 8 of this chapter. When the consolidated school corporation comes into existence, the term of office of each of the original members of the governing body expires.
(b) The term of any township trustee does not expire.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-6.]
As added by P.L.1-2005, SEC.7. Amended by P.L.233-2015, SEC.62.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-8. Consolidated Governing Body; Organizational Meetings; Membership; Compensation

Sec. 8. (a) Consolidated schools are under the control and management of the consolidated governing body created under this chapter, and a new consolidated school corporation comes into existence:
(1) at the time specified in the resolutions provided in section 3, 4, 5.5, or 12.5 of this chapter; or
(2) if a time is not specified, at the following times:
(A) If a protest has not been filed and the creation is accomplished by the adoption of a joint resolution following publication of notice as provided in section 3 or 5.5 of this chapter, thirty (30) days after the adoption of the joint resolution.
(B) If the creation is accomplished after an election as provided in section 6 of this chapter, thirty (30) days after the election.
(b) The members of the governing body shall:
(1) take an oath to faithfully discharge the duties of office; and
(2) meet at least five (5) days before the time the new consolidated school corporation comes into existence to organize.
(c) The governing body shall meet to reorganize at the time provided in IC 20-26-4-1(b). At the organization or reorganization meeting, the members of the governing body shall elect the following:
(1) A president.
(2) A secretary.
(3) A treasurer.
(d) The treasurer, before starting the duties of the treasurer's office, shall execute a bond to the acceptance of the county auditor. The fee for the bond shall be paid from the operations fund of the consolidated school corporation. Any vacancy occurring in the membership in any governing body shall be filled in the manner provided in IC 20-26-4-4.
(e) The members of the governing body shall receive compensation in the manner provided in IC 20-26-4-7.
(f) The governing body of a consolidated school corporation may elect and appoint personnel it considers necessary.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-7.]
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.96; P.L.169-2017, SEC.6; P.L.244-2017, SEC.24; P.L.140-2018, SEC.3.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-10. School Board of Consolidated School Corporation Joining With Other Existing Entities

Sec. 10. (a) The governing body of a consolidated school corporation formed under this chapter may join with other:
(1) townships;
(2) school towns;
(3) school cities;
(4) joint schools; or
(5) consolidated schools;
to decide whether a consolidation shall take place.
(b) The provisions concerning:
(1) resolutions;
(2) petitions; and
(3) elections;
set out in this chapter apply.
(c) The new resolution may change the name of the consolidated school corporation or the number of members of the newly consolidated governing body under this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-12.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-11. Filing Copies of Consolidation Resolution; School Corporations to Be Separate and Distinct From Any Civil Corporation

Sec. 11. A governing body shall, after the members have taken their oath of office, cause a copy of the resolution to consolidate to be filed with the department of local government finance and the county recorder in the county in which the new school district is located. Any consolidated school district is declared to be and is made a school corporation for school purposes, separate and distinct from any civil corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-13.]
As added by P.L.1-2005, SEC.7. Amended by P.L.169-2017, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-12. Reorganization by School Corporations to Become Community School Corporations

Sec. 12. (a) This section provides an alternative method for a school corporation to be reorganized as a community school corporation.
(b) The following may petition directly to the state board to be reorganized as a community school corporation:
(1) A consolidated school corporation organized under section 3 of this chapter.
(2) A metropolitan school district organized under IC 20-23-7-2.
(c) The following apply to a school corporation that petitions directly to the state board under subsection (b):
(1) The school corporation is not required to do the following:
(A) Seek approval of a county committee established by IC 20-23-4-11.
(B) Pursue a joint meeting of a county committee and the state board under IC 20-23-4-18.
(2) The state board may waive the attainment of any standard required for reorganization as a community school corporation under this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-25.5.]
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.22; P.L.233-2015, SEC.63.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-13. "Majority"

Sec. 13. If the term "majority" is used in connection with any law providing for the submission to an electorate of the question of the consolidation of two (2) or more school corporations, in all laws enacted before March 13, 1959, concerning school consolidation, and in particular IC 20-23-6 and IC 20-23-7, the term means the greater number of votes cast and counted either for or against the proposition of consolidation. Any additions to the certificate of the votes cast, other than the number of votes cast for and against the proposition of consolidation, shall be considered as surplusage and of no effect, and the intention of IC 20-23-6 and of IC 20-23-7 shall be so interpreted.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-7-1.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-14. Liberal Construction of Existing Laws

Sec. 14. All laws enacted pertaining to the consolidation of school corporations shall be liberally construed to effect the following purposes for which the laws were enacted:
(1) Better schools.
(2) Ease of administration.
(3) Economy of operation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-7-2.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-15. Quo Warranto Challenge to Consolidate

Sec. 15. An action to test or question the legality of a consolidated school corporation may only be brought in an action of quo warranto in the name of the state on information filed by the prosecuting attorney of the county in which the principal office of the consolidated school corporation is located where attempts are made or have been made to consolidate or join together school corporations under the provisions of IC 20-23-6 or IC 20-23-7, and an election on the question of consolidation has been held and the certificate certifying the vote is filed as provided by law or, an election is not held and the number of days allowed by statutes for filing a petition for an election has expired.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-7-3.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-16. Community School Corporation; State Policy

Sec. 16. It is the policy of the state that whenever a community school corporation (as defined in IC 20-23-4-3) seeks to:
(1) reorganize into a community school corporation under IC 20-23-4 or IC 20-23-16-1 through IC 20-23-16-5;
(2) enter into a territorial annexation under IC 20-23-5 either as an acquiring school corporation or a losing school corporation (as defined in IC 20-23-5-4);
(3) consolidate with another school corporation under IC 20-23-6; or
(4) consolidate with another school corporation into one (1) metropolitan school district under IC 20-23-7;
the school corporation shall give consideration to the educational opportunities for students, local community interest, the effect on the community as a whole, and the economic interests of the community relative to establishing the boundaries of the school corporation that is involved in the school corporation reorganization, consolidation, or annexation attempt.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-7-4.]
As added by P.L.1-2005, SEC.7. Amended by P.L.233-2015, SEC.64.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 6. Consolidation of School Corporations › 20-23-6-17. Transfer of Territory From City to Consolidated School Corporation; Authorization to Grant and Accept; Supplemental Effect of Chapter

Sec. 17. (a) If the territory of a third class city is in a part of the territory of a consolidated school corporation, the third class city may lease to the consolidated school corporation a building and the property the building is on that is owned by the city for school purposes for a period of at least five (5) consecutive years.
(b) The common council of the city shall authorize a lease under subsection (a) and the authorization may be made:
(1) without appraisement;
(2) without compensation; or
(3) upon terms agreed upon.
(c) The possession and use of a specified part of property that a city leases under this section may be reserved by the city for city use. A lease made under this section shall be in the form of a deed or other written instrument that may be recorded. The grant must state that if the property is no longer needed for school purposes, the property reverts back to the city. A consolidated school corporation acting through its board of school trustees may accept a lease:
(1) without appraisement;
(2) without compensation; or
(3) upon agreed upon terms;
by its board of school trustees.
(d) This section, being necessary and intended to remedy deficiencies in laws existing on June 30, 1955, relating to powers of certain municipal corporations and of certain school corporations, does not repeal the provisions of those laws governing corporations but supplements and clarifies those laws, and to that end shall be liberally construed.
[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-4-13-1; 20-4-13-2.]
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.316.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-1. Purpose

Sec. 1. It is the purpose of this chapter to provide for the organization of public schools in Indiana to:
(1) promote the best interests of the students of Indiana;
(2) provide for the organization of additional forms of local school government;
(3) preserve and ensure an economical and efficient school system in accordance with the desires of the people in local communities; and
(4) improve the education of the students of Indiana as guaranteed by the laws and Constitution of the State of Indiana.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-1.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-3. Metropolitan School District; Duties

Sec. 3. (a) The metropolitan school district shall conduct the educational activities of all the schools in the district in compliance with:
(1) state law; and
(2) the laws of the state of Indiana with reference to public education.
(b) The control and administration of the schools of the metropolitan school district are vested in a governing body whose:
(1) composition;
(2) duties;
(3) manner of election; and
(4) powers;
are described in this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-13.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-4. Metropolitan School District; Division Into Board Member Districts; Redistricting; Recertification of Boundaries

Sec. 4. (a) At the first meeting of the board of commissioners of the county after the creation of the metropolitan school district as provided in this chapter, the board of commissioners shall divide the district into three (3) governing body districts approximately equal in population. During the first year after a year in which a federal decennial census is conducted, the board of commissioners shall:
(1) readjust the boundaries of the districts to equalize the districts by population; or
(2) recertify that the boundaries of the districts as drawn comply with this subsection.
(b) Instead of the division provided under subsection (a), any resolution or petition provided in section 2(a) or 2(b) of this chapter may:
(1) provide that the metropolitan school district to be created shall be divided into two (2) or more governing body districts;
(2) describe the governing body member districts;
(3) provide that one (1) or more members of the governing body must reside within each of the governing body member districts;
(4) set out the number of members to serve from each designated district;
(5) provide that the governing body member districts need not be equal in size or population, and that one (1) board member district may include all the area in the metropolitan school district;
(6) specify that the number of governing body members to be resident in each district need not be an equal number; and
(7) eliminate all requirements that there be governing body member districts.
(c) If the resolution or petition:
(1) does not provide for governing body member districts and designate the number of governing body members to be resident in each district; or
(2) provides for the elimination of governing body member districts;
subsection (a) controls. If either subsection (a) or (b) applies, candidates shall be voted upon by all the registered voters of the metropolitan school district voting at any governing body member election.
(d) The limitations set forth in this section are part of the plan, but do not have to be specifically set forth in the plan. The plan must be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of the plan are severable.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-14.]
As added by P.L.1-2005, SEC.7. Amended by P.L.271-2013, SEC.38.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-4.5. Copy of School Corporation Plan Filed With Circuit Court Clerk; Certification of Election Districts; Redistricting; Recertification of Districts; Amendments of Plan Filed With Circuit Court Clerk; Time for Filing

Sec. 4.5. (a) Not later than December 31, 2013, the board of commissioners shall do the following:
(1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
(2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 4 of this chapter.
(b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The board of commissioners shall amend the plan under section 4 of this chapter if an amendment is necessary to reestablish the districts in compliance with section 4 of this chapter. If the board of commissioners determines that a plan amendment under section 4 of this chapter is not required, the board of commissioners shall recertify that the districts as established comply with section 4 of this chapter.
(c) Each time the school corporation's plan is amended, the board of commissioners shall file the following with the circuit court clerk of each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 4 of this chapter.
(B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 4 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.
(e) IC 3-5-10 applies to a plan established under this section.
As added by P.L.271-2013, SEC.39. Amended by P.L.169-2022, SEC.5.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-5. Metropolitan Board of Education; Membership Powers and Duties

Sec. 5. (a) The rights, powers, and duties of the metropolitan school district shall be vested in the governing body that must be composed of:
(1) three (3);
(2) five (5); or
(3) seven (7) members;
who have resided in the district for at least two (2) years before taking office. The resolution or petition provided by section 2(a) or 2(b) of this chapter may designate the number of members of the governing body. If a designation is not made concerning the number of members of a governing body, the governing body is composed of five (5) members.
(b) If section 4(a) of this chapter applies to a metropolitan school district, the following rules apply:
(1) If the governing body consists of three (3) members, one (1) member shall reside in each residence district.
(2) If the governing body consists of five (5) members, not more than two (2) shall reside in any one (1) residence district.
(3) If the governing body consists of seven (7) members, at least two (2) shall reside in any one (1) residence district.
(c) If a governing body member moves the member's residence within the metropolitan school district from one (1) governing body member district to another or when governing body member district boundaries are moved so that the member's place of residence changes from one (1) governing body member district to another, the member does not on this account become disqualified as a governing body member but may continue to hold office as a member of the governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-15.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-7. Transfer of Authority From Existing School Corporations to Metropolitan Districts

Sec. 7. (a) The transfer of:
(1) powers;
(2) duties;
(3) property;
(4) property rights;
(5) other assets;
(6) liabilities;
(7) contracts, both as to rights and obligations; and
(8) other issues connected with the transfer of authority from existing school corporations to the metropolitan school district;
shall take place at the time of the first meeting of the metropolitan board of education not more than one (1) month after the creation of the board.
(b) The transfer of the items listed in subsection (a) are vested in the metropolitan school district at the time of the first meeting of the metropolitan board of education.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-17.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-8. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-18.]
As added by P.L.1-2005, SEC.7. Repealed by P.L.179-2011, SEC.34.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-9. Voting Method for Metropolitan or Consolidated School Corporations

Sec. 9. (a) This section applies to a metropolitan or consolidated school corporation located in a county containing a consolidated city.
(b) The same method used to cast votes for other offices for which candidates have qualified to be on the election ballot shall be used for the school board offices on the election ballot.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-18.5.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-10. Metropolitan Superintendent of Schools Appointment; Terms of Contracts; Term of Office; Duties of Board

Sec. 10. (a) The metropolitan board of education shall appoint a metropolitan superintendent of schools who shall serve under contract in the same manner and under the same laws that govern the employment and service of other licensed school personnel. However, the metropolitan superintendent of schools is not required to hold a license under IC 20-28-5. The metropolitan superintendent of schools' salary and expense allowance is fixed by the metropolitan board of education. The metropolitan superintendent of schools' original contract:
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitan superintendent of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitan superintendent of schools; and
(2) make other decisions and perform other duties as required by law.
(d) A school superintendent in a metropolitan school district shall continue in the superintendents' respective employment at the same salary, paid in the same manner and according to the same terms as agreed to before the formation of the metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and
(2) designate:
(A) one (1) of the superintendents in the metropolitan school district; or
(B) a competent and qualified person as determined by the board;
to perform the duties of the metropolitan superintendent of the metropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint a superintendent of the metropolitan school district and other administrative supervisory officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended; or
(3) the previous superintendent:
(A) died; or
(B) resigned.
(g) The appointment and salary of the metropolitan superintendent of schools appointed under subsection (f) shall be made, set, and paid as provided in this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-19.]
As added by P.L.1-2005, SEC.7. Amended by P.L.167-2013, SEC.3; P.L.233-2015, SEC.68.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-11. Metropolitan School District in More Than One County; Special Duties

Sec. 11. If a metropolitan school district formed under this chapter includes territory in more than one (1) county, the respective counties, boards, commissions, and officers of each of the counties shall perform duties required to form a metropolitan school district jointly and severally, including:
(1) dividing the territory into board member districts;
(2) levying and collecting taxes;
(3) allocating receipts;
(4) filing petitions for nomination;
(5) printing and distributing ballots,
(6) tabulating and certifying election results; and
(7) filling vacancies.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-22.]
As added by P.L.1-2005, SEC.7.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-12. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-24.]
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.317; P.L.2-2006, SEC.98; P.L.1-2007, SEC.143; P.L.179-2011, SEC.15; P.L.205-2013, SEC.227. Repealed by P.L.233-2015, SEC.69.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 7. Consolidation of County School Corporations and Metropolitan School Districts › 20-23-7-13. Specification of Date of Creation of School Corporations or School Districts in Petitions or Resolutions

Sec. 13. In the resolution creating a county school corporation or metropolitan school district or in the petitions requesting the creation of or requesting a referendum on the question of creating a corporation or district under section 2 of this chapter, the resolutions or petitions may specify when a school corporation or school district shall be created and the corporation or district shall then be created at the time provided in the resolutions or petitions.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-8-25.]
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.23; P.L.233-2015, SEC.70.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-1. "Circuit Court"

Sec. 1. As used in this chapter, "circuit court" means:
(1) the circuit court of the county in which a school corporation is located; or
(2) if a school corporation is located in more than one (1) county, the circuit court of the county in which the largest number of registered voters of the school corporation are residents.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-1(f).]
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 › 20-23-8-2. "Clerk"

Sec. 2. As used in this chapter, "clerk" means:
(1) the clerk of the circuit court of the county in which a school corporation is located; or
(2) if a school corporation is located in more than one (1) county, the clerks in each of the counties in which the school corporation is located.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-1(d).]
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 › 20-23-8-3. "County Election Board"

Sec. 3. As used in this chapter, "county election board" means:
(1) the county election board in the county in which a school corporation is located; or
(2) if a school corporation is located in more than one (1) county, the county election boards of the counties in which the school corporation is located, acting jointly.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-1(e).]
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 › 20-23-8-4. "Plan"

Sec. 4. As used in this chapter, "plan" means the manner in which the governing body of a school corporation is constituted, including the number, qualifications, length of terms, manner, and time of selection, either by appointment or by election of the members of the governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-1(c).]
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 › 20-23-8-5. "School Corporation"

Sec. 5. As used in this chapter, "school corporation" means a local public school corporation established under the laws of Indiana. The term does not include a school corporation covered by IC 20-23-12.1, IC 20-23-17, or IC 20-23-17.2.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-1(a).]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.16; P.L.233-2015, SEC.71; P.L.184-2023, SEC.31.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-6. "Voter"

Sec. 6. As used in this chapter, "voter", with respect to a petition, means a registered voter in the school corporation as determined in this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-1(g).]
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 › 20-23-8-7. Contents of Plan

Sec. 7. (a) A plan or proposed plan must contain the following items:
(1) The number of members of the governing body, which shall be:
(A) three (3);
(B) five (5); or
(C) seven (7);
members.
(2) Whether the governing board shall be elected, appointed, or both.
(3) If appointed, when and by whom, and a general description of the manner of appointment that conforms with the requirements of IC 20-23-4-28.
(4) A provision that the members of an elected governing board shall be elected at the general election at which county officials are elected.
(5) If the governing board will have members who are elected and members who are appointed, the following information:
(A) The number of appointed members.
(B) When and by whom each of the appointed members are appointed.
(C) A general description of the manner of appointment that conforms with the requirements of IC 20-23-4-28.
(D) The number of elected members.
(E) A general description of the manner of election that conforms with the requirements of IC 20-23-4-27.
(6) The limitations on:
(A) residence;
(B) term of office; and
(C) other qualifications;
required by members of the governing body.
(7) The time the plan takes effect.
A plan or proposed plan may have additional details to make the provisions of the plan workable. The details may include provisions relating to the commencement or length of terms of office of the members of the governing body taking office under the plan.
(b) Except as provided in subsection (a)(1), in a city having a population of more than fifty-four thousand (54,000) and less than fifty-eight thousand (58,000), the governing body described in a plan may have up to nine (9) members.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-2.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.17; P.L.119-2012, SEC.146; P.L.104-2022, SEC.121.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-8. Limitations on the Plan

Sec. 8. (a) A plan is subject to the following limitations:
(1) A member of the governing body may not serve for a term of more than four (4) years, but a member may succeed himself or herself in office. This limitation does not apply to members who hold over during an interim period to effect a new plan awaiting the selection and qualification of a member under the new plan.
(2) The plan, if the members are:
(A) to be elected, shall conform with one (1) of the types of board organization permitted by IC 20-23-4-27; or
(B) appointed, shall conform with one (1) of the types permitted by IC 20-23-4-28.
(3) The terms of the members of the governing body, either elected to or taking office on or before the time the plan takes effect, may not be shortened. The terms of the members taking office under the plan may be shortened to make the plan workable on a permanent basis.
(4) If the plan provides for electoral districts, where a member of the governing body is elected solely by the voters of a single district, the districts must be as near as practicable equal in population. The districts shall be reapportioned and their boundaries:
(A) changed, if necessary; or
(B) recertified, if changes are not necessary;
by resolution of the governing body not later than December 31 of the year next following the year in which a decennial census is taken to preserve the equality of the governing body.
(5) The plan shall comply with the:
(A) Constitution of the State of Indiana; and
(B) Constitution of the United States;
including the equal protection clauses of both constitutions.
(6) The provisions of IC 20-23-4-26 through IC 20-23-4-33 relating to the board of trustees of a community school corporation and to the community school corporation, including provisions relating to powers of the board and corporation and provisions relating to the mechanics of selection of the board, where elected and where appointed, apply to a governing body set up by a plan under this chapter and to the school corporation.
(b) The limitations set forth in this section do not have to be specifically set forth in a plan but are a part of the plan. A plan shall be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of a plan are severable.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-3.]
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.99; P.L.219-2013, SEC.81.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-8.5. Copy of School Corporation Plan Filed With Circuit Court Clerk; Certification of Election Districts; Redistricting; Recertification of Districts; Amendments of Plan Filed With Circuit Court Clerk; Time for Filing

Sec. 8.5. (a) The governing body shall do the following:
(1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
(2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 8 of this chapter.
(b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the plan under section 8 of this chapter if an amendment is necessary to reestablish the districts in compliance with section 8 of this chapter. If the governing body determines that a plan amendment under section 8 of this chapter is not required, the governing body shall recertify that the districts as established comply with section 8 of this chapter.
(c) Each time the school corporation's plan is amended, the governing body shall file the following with the circuit court clerk of each county in which the school corporation is located:
(1) A copy of the amendment.
(2) Either of the following:
(A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 8 of this chapter.
(B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 8 of this chapter, a map of the new district boundaries.
(d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.
(e) IC 3-5-10 applies to a plan established under this section.
As added by P.L.271-2013, SEC.41. Amended by P.L.278-2019, SEC.170; P.L.169-2022, SEC.6.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-9. Authorization to Change Plan

Sec. 9. The plan of school board organization of a governing body may be changed in accordance with the procedures set out in this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-4.]
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 › 20-23-8-10. Initiation of Plan Change

Sec. 10. (a) A change in a plan may be initiated by one (1) of the following procedures:
(1) By filing a petition signed by at least ten percent (10%) of the voters of the school corporation with the clerk of the circuit court.
(2) By a resolution adopted by the governing body of the school corporation.
(3) By ordinance adopted by a city legislative body under section 13 of this chapter.
(b) A petition, resolution, or ordinance must set forth a description of the plan that conforms with section 7 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-5.]
As added by P.L.1-2005, SEC.7. Amended by P.L.179-2011, SEC.18.
2023 Indiana Code › Title 20. Education › Article 23. Organization of School Corporations › Chapter 8. Governing Body Composition Change › 20-23-8-11. Filing and Certification of Petitions

Sec. 11. (a) A voter is entitled to file a petition under this chapter with the clerk of the circuit court to:
(1) initiate a plan;
(2) protest a plan; or
(3) initiate an alternative plan.
(b) If a voter files a petition under subsection (a), the filing and certification of the petition is governed by the following provisions:
(1) The petition must show:
(A) the date that a person has signed the petition; and,
(B) in order to identify the person as a registered voter of the school corporation, the person's residence on that date.
(2) The petition may be executed in several counterparts, the total of which constitutes a petition. A counterpart must:
(A) contain the names of voters residing within a single county;
(B) be filed with the clerk of the circuit court of that county;
(C) have attached to it the affidavit of the person circulating the counterpart stating that each signature:
(i) appearing on the counterpart was affixed in the person's presence; and
(ii) is the true and lawful signature of the person who made the signature.
(3) A person who signs a petition or a counterpart may file the petition or a counterpart.
(4) All counterparts constituting a petition shall be filed on the same day.
(5) A person who signs a petition filed under subsection (a) may withdraw the person's name from the petition before the petition is filed with the clerk. Names may not be added to a petition after the petition has been filed with the clerk.
(6) After the receipt of a petition, the clerk shall:
(A) strike all signatures appearing on the petition more than once; and
(B) make a certification under the clerk's hand and seal of the office as to the following:
(i) The number of signatures on the petition that are not duplicates representing persons who are registered voters residing within that part of the school corporation located within the county, as disclosed by the voter registration records in the office of the clerk or the board of registration of the county, or wherever the registration records are kept.
(ii) The total number of registered voters residing within the boundaries of that part of the school corporation located within the county, as disclosed in the records described in item (i).
(iii) The date of the filing of the petition with the clerk.
(7) The clerk shall:
(A) certify a petition not more than thirty (30) days after the filing of the petition, excluding time when the registration records are unavailable to the clerk, or within additional time as is reasonably necessary not to exceed an additional thirty (30) days, to permit the clerk to make a certification;
(B) establish a record of the certification at the clerk's office; and
(C) file:
(i) the original petition; and
(ii) a copy of the clerk's certification;
with the governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-10.1-6.]
As added by P.L.1-2005, SEC.7.