CHAPTER 6. CONSOLIDATION OF SCHOOL CORPORATIONS
IC 20-23-6
Chapter 6. Consolidation of School Corporations
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 consolidate their
respective school corporations in the manner and upon the conditions
prescribed in this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-3
Joint resolutions; contents; notice requirements; petition for
election
Sec. 3. (a) If the governing bodies of at least two (2) school
corporations desire to consolidate school corporations, the governing
bodies may meet together and adopt a joint resolution declaring
intention to consolidate school corporations. The resolution must set
out the following information concerning the proposed
consolidation:
(1) The name of the proposed new school corporation.
(2) The number of members on the governing body and the
manner in which they shall be elected or appointed.
(A) If members are to be elected, the resolution must provide
for:
(i) the manner of the nomination of members;
(ii) who shall constitute the board of election
commissioners;
(iii) who shall appoint inspectors, judges, clerks, and
sheriffs; and
(iv) any other provisions desirable in facilitating the
election.
(B) Where applicable and not in conflict with the resolution,
the election is governed by the general election laws of
Indiana, including the registration laws.
(3) Limitations on residences, term of office, and other
qualifications required of the members of the governing body.
A resolution may not provide for an appointive or elective term
of more than four (4) years. A member may succeed himself or
herself in office.
(4) Names of present school corporations that are to be merged
together as a consolidated school corporation.
In addition, the resolution may specify the time when the
consolidated school corporation comes into existence.
(b) The number of members on the governing body as provided in
the resolution may not be less than three (3) or more than seven (7).
However, the joint resolution may provide for a board of nine (9)
members if the proposed consolidated school corporation is formed
out of two (2) or more school corporations that:
(1) have entered into an interlocal agreement to construct and
operate a joint high school; or
(2) are operating a joint high school that has an enrollment of at
least six hundred (600) in grades 9 through 12 at the time the
joint resolution is adopted.
(c) The members of the governing body shall, after adopting a
joint resolution, give notice by publication once each week for two
(2) consecutive weeks in a newspaper of general circulation, if any,
in each of the school corporations. If a newspaper is not published in
the school corporation, publication shall be made in the nearest
newspaper published in the county in which the school corporation
is located. The governing bodies of school corporations shall meet
one (1) week following the date of the appearance of the last
publication of notice of intention to consolidate. If a protest has not
been filed, as provided in this chapter, the governing bodies shall
declare by joint resolution the consolidation of the school
corporations to be accomplished, to take effect as provided in section
8 of this chapter. However, on or before the sixth day following the
last publication of the notice of intention to consolidate, twenty
percent (20%) of the legal voters residing in any school corporation
may petition the governing body of the school corporations for an
election to determine whether or not the majority of the voters of the
school corporation is in favor of consolidation.
As added by P.L.1-2005, SEC.7.
IC 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 may be
for a period of from one (1) to five (5) years.
(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.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-5
Petitions protesting consolidations; notice of election
Sec. 5. (a) If a petition is filed in one (1) or more of the school
corporations protesting consolidation as provided in this chapter by
the legal voters of any school corporation the governing body of
which proposes to consolidate, the governing body in each school
corporation in which a protest petition is filed shall certify the public
question to each county election board of the county in which the
school corporation is located. The county election board shall call an
election of the voters of the school corporation to determine if a
majority of the legal voters of the corporation is in favor of
consolidating the school corporations.
(b) If a protest is filed in more than one (1) school corporation, the
elections shall be held on the same day. Each county election board
shall give notice by publication once each week for two (2)
consecutive weeks in a newspaper of general circulation in the
school corporation. If a newspaper is not published in the:
(1) township;
(2) town; or
(3) city;
the notice shall be published in the nearest newspaper published in
the county or counties, that on a day and at an hour to be named in
the notice, the polls will be open at the usual voting places in the
various precincts in the corporation for taking the vote of the legal
voters upon whether the school corporation shall be consolidated
with the other school corporations joining in the resolution.
(c) The public question shall be placed on the ballot in the form
provided by IC 3-10-9-4 and must state: "Shall (insert name of school
corporation) be consolidated with (insert names of other school
corporations)?".
(d) Notice shall be given not later than thirty (30) days after the
petition is filed. The election shall be held not less than ten (10) days
or more than twenty (20) days after the last publication of the notice.
(e) The governing body of each school corporation in which an
election is held is bound by the majority vote of those voting.
However, if the election falls within a period of not more than six (6)
months before a primary or general election, the election shall be
held concurrently with the primary or general election.
(f) If a majority of those voting in any one (1) school corporation
votes against the plan of consolidation, the plan fails. However, the
failure does not prevent any or all the school corporations from
taking further initial action for the consolidation of school
corporations under this chapter.
(g) Whenever twenty percent (20%) of the legal voters residing in
any school corporation, jointly with twenty percent (20%) of the
legal voters in each of one (1) or more other school corporations:
(1) prepare a resolution; and
(2) petition the trustees of their respective school corporations
to consolidate the school corporations, as set out in the
resolution;
each governing body petitioned shall call the school election
provided for in this chapter in its school corporations.
(h) Notice of the election shall be published within thirty (30)
days after the filing of the resolution with the governing body of the
school corporation where it is last filed. However, if any of the
petitioned governing bodies agrees to the consolidation as set out in
the resolution, an election in that school corporation may not be
required under the resolution.
(i) Notice as set out in this section shall be given, and a protest
requesting an election may be filed in conformity with section 3 of
this chapter.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.315.
IC 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 state superintendent; 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 general fund.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.95.
IC 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. However,
the duties and powers of the trustee as a school township trustee may
be altered or changed by any resolution and the consolidation
provided for in this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-6-8
Consolidated school boards; oath; 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 or 4 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 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 on August 1 of
each year and at any time the personnel of the board is changed. 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 school general fund of the
consolidated school corporation. Any vacancy occurring in the
membership in any governing body, other than vacancy in the office
of an ex officio member, shall be filled in the following manner:
(1) If the membership was originally made by appointment, the
vacancy shall be filled by appointment by the legislative body
of the:
(A) city;
(B) town;
(C) township; or
(D) other body;
or other official making the original appointment.
(2) If the membership was elected, the vacancy shall be filled
by a majority vote of the remaining members of the governing
body of the consolidated school corporation.
(e) The members of the governing body, other than the township
executive or ex officio member, shall receive compensation for
services as fixed by resolution of the governing body. The members,
other than the township executive or any ex officio member, may not
receive more than two hundred dollars ($200) annually. Any:
(1) township executive; or
(2) ex officio member of the governing body;
shall serve without additional compensation.
(f) The governing body of a consolidated school corporation may
elect and appoint personnel it considers necessary.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.96.
IC 20-23-6-9
Abandonment of old school corporations; transfer of property and
obligations to new corporations; disposition of unneeded property;
procedure
Sec. 9. (a) When any:
(1) school town;
(2) school city;
(3) school township;
(4) joint school; or
(5) consolidated school;
has become consolidated by resolution or election and the new
governing body has been appointed and legally organized, the former
school township, school town, school city, joint school, or
consolidated school is considered abandoned.
(b) All school:
(1) property;
(2) rights;
(3) privileges; and
(4) any indebtedness;
from the abandoned school is considered to accrue to and be assumed
by the new consolidated school corporation.
(c) The title of property shall pass to and become vested in the
new consolidated school corporation. All debts of the former school
corporations shall be assumed and paid by the new consolidated
school corporation. All the privileges and rights conferred by law
upon the former:
(1) school town;
(2) school city;
(3) school township;
(4) joint school; or
(5) consolidated school;
are granted to the newly consolidated school corporation.
(d) This subsection applies when the consolidated governing body
of a consolidated school corporation decides that property acquired
under subsection (b) from a township is no longer needed for school
purposes. The governing body shall offer the property as a gift for
park and recreation purposes to the township that owned the property
before the school was consolidated. If the township board accepts the
offer, the governing body shall give the township a quitclaim deed to
the property. The deed must state that the township is required to use
the property for park and recreation purposes. If the township board
refuses the offer, the governing body may sell the property in the
manner provided in subsection (e).
(e) This subsection provides the procedure for the sale of school
property that is no longer needed for school purposes by the
governing body of a consolidated school corporation. The governing
body shall cause the property to be appraised at a fair cash value by:
(1) one (1) disinterested resident freeholder of the school
corporation offering the property for sale; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana. One (1) of the appraisers described
under subdivision (2) must reside not more than fifty (50) miles from
the property. The appraisals shall be made under oath and spread of
record upon the records of the governing body. A sale may not be
made for less than the appraised value, and the sale must be made for
cash. The sale shall take place after the governing body gives notice
under IC 5-3-1 of the terms, date, time, and place of sale.
(f) Proceeds from a sale under subsection (e) shall be placed in a
capital projects fund of the consolidated school corporation or other
fund designated as the fund that is available for capital outlay of the
school corporation.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.97;
P.L.113-2006, SEC.13.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 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.
As added by P.L.1-2005, SEC.7.
IC 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
or IC 20-23-7-12.
(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.
As added by P.L.1-2005, SEC.7. Amended by P.L.231-2005, SEC.22.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 20-23-16-11;
(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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7. Amended by P.L.1-2006, SEC.316.
IC 20-23-6-18
Prairie Township School Corporation; mandatory consolidation
Sec. 18. (a) Before January 1, 2011, Prairie Township School
Corporation shall reorganize by consolidating with an adjacent
school corporation under this chapter.
(b) If the governing body of Prairie Township School Corporation
does not comply with this section before January 1, 2011, the state
board shall, after December 31, 2010, develop a reorganization plan
for the school corporation and require the governing body to
implement the plan.
As added by P.L.182-2009(ss), SEC.310. As amended by P.L.1-2010,
SEC.76.