CHAPTER 8. GOVERNING BODY COMPOSITION CHANGE
IC 20-23-8
Chapter 8. Governing Body Composition Change
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 township or a school corporation
covered by IC 20-23-12.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 or appointed.
(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) If elected, whether the election shall be at the primary or at
the general election that county officials are nominated or
elected, and a general description of the manner of election that
conforms with the requirements of IC 20-23-4-27.
(5) The limitations on:
(A) residence;
(B) term of office; and
(C) other qualifications;
required by members of the governing body.
(6) 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-nine thousand seven hundred (59,700)
but less than sixty-five thousand (65,000), the governing body
described in a plan may have up to nine (9) members.
As added by P.L.1-2005, SEC.7.
IC 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 changed, if necessary, by resolution of the
governing body before the election next following the effective
date of the subsequent decennial census to preserve the equality
by resolution 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.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.99.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 twenty percent (20%)
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.
(c) Except as provided in subsection (a)(1), in a city having a
population of more than fifty-nine thousand seven hundred (59,700)
but less than sixty-five thousand (65,000), a change in a plan may be
initiated by filing a petition signed by ten percent (10%) or more of
the voters of the school corporation with the clerk of the circuit
court.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 ninety thousand (90,000)
but less than one hundred five thousand (105,000).
(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 state superintendent under section 22
of this chapter; and
(3) may only be amended or repealed by the city legislative
body.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 general fund not otherwise
appropriated without appropriation.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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:
(1) the plan only changes the time of voting for board members
from the primary to the general election or from the general to
the primary election;
(2) 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; or
(3) the plan provides solely for changes in items specified in
section 7(a)(5) of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-22
Plans to be filed with state superintendent
Sec. 22. (a) A school corporation shall file with the state
superintendent:
(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 state superintendent,
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.
As added by P.L.1-2005, SEC.7.
IC 20-23-8-23
Failure of public officials to perform duties; actions; attorney's
fees; cost and fees of employees
Sec. 23. (a) The failure of a public official or body to perform the
duties specified in this chapter within the time limits prescribed does
not invalidate any proceedings taken by the official or board.
(b) If a public official or body refuses to perform duties within the
time limits provided in this chapter, the official or body may be
mandated to perform the duties in an action filed in the circuit or
superior court by a voter or by the governing body.
(c) The court shall award reasonable attorney's fees to a voter who
brings an action under this section against a governing body or public
official and prevails. The governing body or employer of a public
official shall pay costs and fees incurred by or on behalf of an
employee in defense of a claim or suit for a loss occurring because
of acts or omissions within the scope of the employee's employment,
regardless of whether the employee can or cannot be held personally
liable for the loss.
As added by P.L.1-2005, SEC.7.
IC 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.
As added by P.L.1-2005, SEC.7.
IC 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 general fund money not otherwise
appropriated, without appropriation, if a special election occurs
under this chapter.
As added by P.L.1-2005, SEC.7.