Indiana § 20-23-6-3 - Joint resolutions; contents; notice requirements; petition for election

§ 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:

(1) with each notice by publication in a newspaper of general circulation, if any, in each of the school corporations, or, 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; or

(2) with the first publication of notice in the newspaper or newspapers as provided in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web sites of each of the school corporations.

(d) The governing bodies of school corporations shall hold a public meeting one (1) week after the date of the appearance of the last publication of notice of intention to consolidate.

(e) 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.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-5-2.]

As added by P.L.1-2005, SEC.7. Amended by P.L.169-2017, SEC.3; P.L.152-2021, SEC.27.