Indiana

IC 20-5-2-4

WEST'S ANNOTATED INDIANA CODE

TITLE 20. EDUCATION

ARTICLE 5. PUBLIC SCHOOL CORPORATIONS GENERALLY

CHAPTER 2. GENERAL POWERS AND DUTIES OF SCHOOL CORPORATIONS

§ 20-5-2-4 Representation of governing body on public boards or commissions

Sec. 4. Notwithstanding any other statute to the contrary, the governing body of each school corporation may, by resolution, appoint its superintendent of schools or any person residing inside its boundaries to serve on any other public board, commission, or public body including park boards, library boards, tax adjustment boards, or city or county plan commissions, where legislation requires or permits representation by a member of the governing body, its superintendent or other designated educator as a member of the public board, commission, or body.

IC 20-5-3-3

WEST'S ANNOTATED INDIANA CODE

TITLE 20. EDUCATION

ARTICLE 5. PUBLIC SCHOOL CORPORATIONS GENERALLY

CHAPTER 3. ORGANIZATION AND OPERATION OF GOVERNING BODY

§ 20-5-3-3 Commencement and termination of terms of office; vacancies

Sec. 3. (1) The commencement and termination of terms is as follows:

(a) Except as provided in subdivision (b), the governing body of each school corporation shall determine whether the term of office for its members is to extend from January 1 to December 31 or from July 1 to June 30. Any governing body making a change in the commencement date of its members' terms shall report the change to the Indiana state board of education before August 1 preceding the year in which the change takes place. An ex officio member of a governing body shall take office at the time he takes the oath of the office by virtue of which he is entitled to become such ex officio member.

(b) In a county having a population of more than four hundred thousand (400,000), the terms of office for the members of each governing body, whether elected or appointed, commence on July 1 of the year in which they are to take office under the plan, resolution, or law under which the school corporation is established, and terminate on the June 30 of the final year of the term for which they are to serve under the plan, resolution, or law.

(2) If there shall occur a vacancy in the membership of any governing body for any reason, including but not limited to the failure of a sufficient number of petitions for candidates for governing body membership being filed for any election and whether the vacancy was of an elected or appointed member, excepting, however, a vacancy of a member who serves on the governing body in an ex officio capacity, or a vacancy in an appointed board membership where any plan, resolution, or law under which the school corporation operates specifically provides for the filling of vacancies by the appointing authority, the remaining members of the governing body shall by majority vote fill such vacancy by appointing a person from within the boundaries of the school corporation with the residence and other qualifications provided for a regularly elected or appointed board member filling such membership, to serve for the term or the balance of the term.

(3) This section shall not be applicable to a school city of the first class or to a school corporation succeeding to all or the major part in area of such school city.

IC 20-5-3-6

§ 20-5-3-6 Compensation of governing body members

Sec. 6. (a) Except as provided in > IC 20-3-11-2, the governing body of each school corporation by resolution shall have the power to pay each of its members a reasonable amount for service as a member, not to exceed:

(1) two thousand dollars ($2,000) per year; and

(2) a per diem not to exceed the rate approved for members of the board of school commissioners under > IC 20-3-11-2(c).

(b) If the members of the governing body are totally comprised of appointed members, the appointive authority under > IC 20-4-1-26.3(e) must approve the per diem rate allowable under subsection (a)(2) before the governing body may make the payments.

(c) To make a valid approval under subsection (b), the appointive authority must approve the per diem rate with the same endorsement required under > IC 20-4-1-26.3(f) to make the appointment of the member.

IC 20-5-3-9

§ 20-5-3-9 Disqualification of members on basis of age prohibited

Sec. 9. No person otherwise eligible to assume office as a member of a governing body shall be disqualified on the basis of age, if he is at least twenty-one (21) years of age.

IC 20-5-3-10

§ 20-5-3-10 Property ownership not qualification of member

Sec. 10. Property ownership shall not be a qualification for serving as a member of a governing body.

IC 20-5-3-11

§ 20-5-3-11 Teachers and noncertificated employees; ineligibility

Sec. 11. In addition to any other eligibility requirements for members of the governing body of a school corporation as set forth in law, an individual who is employed as a teacher (as defined in > IC 20-6.1-1-8) or as a noncertificated employee (as defined in IC 20-7.5) of the school corporation may not be a member of the governing body of the school corporation.

IC 20-4-1-5

WEST'S ANNOTATED INDIANA CODE

TITLE 20. EDUCATION

ARTICLE 4. REORGANIZATION OF ADMINISTRATION OF ELEMENTARY AND SECONDARY SCHOOLS

CHAPTER 1. COMMUNITY SCHOOL CORPORATIONS

§ 20-4-1-5 County committee for reorganization of school corporations; creation; selecting membership; organization; compensation; terms of office; qualifications; meetings

Sec. 5. (a) Within three (3) months after July 1, 1959, there shall be created in each county in the state a county committee for the reorganization of school corporations, > [FN1] which shall consist of nine (9) members. In counties having a county superintendent of schools, such superintendent shall be an ex officio member of the committee, serving by virtue of his office. The remaining members of such committee if there is such a superintendent, and all the members if there is no such superintendent, shall be appointed by the judge of the circuit court of the county.

(b) Prior to the time specified in this section, the judge of the circuit court in each county of the state shall call into a county convention each of the township trustees of the county and the members of each local board of school trustees or board of school commissioners in the county for the purpose of advising him in the selection of the member of such county committee. Ten (10) days notice of such convention shall be given by the judge of the circuit court by publication in one (1) newspaper of general circulation published in the affected area, and if no newspaper is published therein, then in a newspaper having a general circulation in the affected area. However, in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), said notice shall be published in two (2) newspapers of general circulation published in the affected area or having a general circulation in the affected area. Said notice shall also specify the time, place, and purpose of such county convention and that such county convention shall be open to all residents of the county.

(c) At the county convention, the judge of the circuit court shall have the provisions of this chapter explained and shall afford opportunity for a discussion thereof by the persons in attendance. Within ten (10) days after the date of the county convention, the judge of the circuit court shall select the appointive members of the county committee. However:

(1) where there is a county board of education, one (1) of such appointive members shall be a township trustee recommended by such board;

(2) where there is a board of school trustees or board of school commissioners in the county, one (1) shall be a member of such board, other than a township trustee serving on a consolidated school board; and

(3) one (1) shall be a superintendent of schools or a principal of a school city, school town, or consolidated school or corporation or superintendent of a community school corporation.

Except for the exceptions listed in this subsection, the other members thus appointed shall not be members of or employed by any board of school trustees or board of school commissioners, shall not be members of or employed by any local or county board of education and shall not be township trustees or employees of township trustees. The judge shall appoint such members without regard to political affiliation. The judge of the circuit court shall give written notice immediately to each such person so selected to serve on the county committee, and each such person so selected shall notify the judge of the circuit court in writing within ten (10) days thereafter of his acceptance. In the event that any member of the county committee shall refuse to serve thereon, or shall fail to notify the judge of the circuit court of his acceptance, the judge of the circuit court shall appoint a qualified person to serve thereafter on the county committee.

(d) Within thirty (30) days after the date of the county convention, the county committee shall meet to organize and to elect from its membership a chairman and a treasurer. They shall also elect a secretary who may be the county superintendent or the superintendent of one (1) of the school corporations in the county.

(e) The members of the county committee shall serve without compensation. Subject to approval by the state board, the chairman of the county committee shall secure the necessary office space and equipment, engage necessary clerical help, and receive reimbursement for any necessary expenses incurred by him with respect to his duties in connection with the county committee, but shall receive no compensation for his services therefor.

(f) Members of the county committee shall hold office until the reorganization program in the county has been completed for terms of four (4) years subject to replacement as otherwise prescribed in this chapter. No appointive member may continue to serve on a county committee if he ceases to be a resident of the county.

(g) Neither an individual appointive member of a county committee, nor the appointive members as a group, shall be disqualified from serving on a county committee because they fail at any time to meet the qualifications for appointment by the circuit judge, other than county residence, if they met such qualifications at the time of their appointments. Vacancies shall be filled by the remaining members of the committee without regard for the qualifications for appointment by the circuit judge.

(h) If the reorganization program in any county has not been completed by March 15, 1963, the judge of the circuit court shall within thirty (30) days thereafter discharge the existing county committee and replace or reappoint the appointive members thereof, all without observing any formal procedure but complying with the qualifications for appointment by the circuit judge set out above. Within fifteen (15) days after date of such appointment, the county committee shall meet to organize and to elect from its membership a chairman, a treasurer, and a secretary.

(i) Meetings of the county committee shall be held upon call of the chairman, or by a petition signed by a majority of the members of the committee. A majority of the committee shall constitute a quorum.

IC 20-4-1-19

§ 20-4-1-19 Membership of community school corporation operating joint high school

Sec. 19. Any preliminary or final plan adopted under sections 5 through 14 of this chapter may provide for a board of nine (9) members where the proposed community school corporation is formed out of two (2) or more school corporations operating a joint high school, which high school has an enrollment of six hundred (600) or more in grades 9 through 12 at the time of the adoption of the preliminary plan.

IC 20-4-1-24

§ 20-4-1-24 Failure of public official to do duty within time prescribed; effect

Sec. 24. In the event any public official shall fail to do his duty within the time prescribed at any place in this chapter, such omission shall not invalidate any proceedings taken by him. Provided, however, that this section shall not apply to the time within which a county committee shall accept jurisdiction of all or part of a school corporation from another county committee following a petition under section 7 of this chapter and shall not be construed to enlarge the time within which petitions shall be filed by registered voters under any section of this chapter.

IC 20-4-1-26.2

§ 20-4-1-26.2 Board of school trustees; election options; exception for community school corporations created before March 12, 1965

Sec. 26.2. (a) This section does not apply to a community school corporation created before March 12, 1965. A community school corporation created before March 12, 1965, shall operate in accordance with the plan under which it was created and the statutes applicable to that plan, as if Acts 1965, c.336, s.4 had not been enacted.

(b) If the members of a board of school trustees are to be elected, they shall be elected in accordance with one (1) of the options set forth in subsection (c) or in accordance with section 27.1 of this chapter. The options shall be set out in the plan with sufficient description to permit the plan to be operable with respect to the community school corporation. The description may be partly or wholly by reference to the applicable option.

(1) Members of a board of school trustees may reside anywhere in the school corporation and shall be voted upon by all its registered voters voting at any school board member election.

(2) The community school corporation shall be divided into two (2) or more residence districts with one (1) or more members of the board of school trustees resident within each of the residence districts. The plan may also provide that one (1) or more members of the board may reside anywhere in the community school corporation. The plan must set out the number to be elected from each district, may provide for the election of an equal number of members from each district, and must set out the number, if any, to be elected at large without reference to board member districts. Under this option, all candidates must be voted on by all registered voters of the community school corporation voting at any school board member election.

(3) The community school corporation shall be divided into three (3) residence districts of approximately equal population. If the board of school trustees consists of three (3) members, one (1) member must reside in each residence district. If the board of school trustees consists of five (5) members, two (2) members may not reside in any one (1) residence district. If the board of school trustees consists of seven (7) members, at least two (2) are to be elected from each residence district. Candidates are to be voted on by all registered voters of the community school corporation voting at any school board member election.

(4) The community school corporation shall be divided into two (2) or more electoral districts. Each member serves from one (1) electoral district, must be a resident of the district, and must be voted upon by the registered voters residing within the electoral district and voting at any school board member election. The plan must set out the number to be elected from each electoral district and may provide for election of an equal number of members from each district. However, the plan must provide that not less than one (1) less than a majority of the board may reside anywhere in the community school corporation and must be voted upon by all its registered voters voting at any school board member election.

(5) The community school corporation consists of the electoral districts set forth in this subdivision: One (1) electoral district must embrace the entire community school corporation from which a majority of the members of the board of school trustees shall be elected by all the registered voters of the community school corporation voting at a school board member election. The other electoral districts must be subdivisions of the community school corporation. Each of the remaining members of the board of school trustees serves from one (1) of the latter electoral districts, must be a resident of that district, and must be voted upon by registered voters voting at a school board member election. The plan must set out the number to be elected from each district and may provide for the election of an equal number of members from the district.

(6) The community school corporation shall be divided into two (2) or more electoral districts. Each member serves from one (1) electoral district, must be a resident of that district, and must be voted upon only by the registered voters residing within that district who vote at a school board election. The plan must set out the number of members to be elected from each electoral district in the school corporation and may provide for election of an equal number of members from each district.

IC 20-4-1-26.3

§ 20-4-1-26.3 Board of school trustees; appointment options; exception for community school corporations created before March 12, 1965

Sec. 26.3. (a) This section does not apply to a community school corporation created before March 12, 1965. A community school corporation created before March 12, 1965, shall operate in accordance with the plan under which it was created and the statutes applicable to that plan, as if Acts 1965, c. 336, s. 4 had not been enacted.

(b) If the members of the board of school trustees are to be appointed, they shall be appointed in accordance with one (1) of the options described in subsection (c). The option must be set out in the plan with sufficient description to permit the plan to be operable with respect to each community school corporation. The description may be partly or wholly by reference to the applicable option provided in this section.

(1) Members of the board of school trustees may reside anywhere in the community school corporation.

(2) The community school corporation shall be divided into two (2) or more school board member districts, any one (1) of which may embrace the entire community school corporation. Each member serves from a particular district and must be a resident of the district. The plan must set out the number to be appointed from each district and may provide for an equal number of members from each district.

(d) The plan, under either option, may provide that the first appointments of the school board members are for staggered terms of not more than four (4) years. Thereafter, appointments shall be made for terms of four (4) years. All terms of office for appointive board members expire June 30 in the applicable year.

(e) A plan providing for the appointment of members of the board of school trustees must designate the appointive authority. The authority may be the same for each board member, but must be limited to one (1) or more of the following:

(1) The judge of the circuit or superior court.

(2) The city executive.

(3) The legislative body of a city.

(4) The board of commissioners of a county.

(5) The county fiscal body.

(6) The town legislative body.

(7) The township executive.

(8) The township legislative body.

(9) A township executive and legislative body jointly.

(10) More than one (1) township executive and legislative body jointly.

(f) If an appointment is to be made by a body, the appointment must be made by a majority vote of the body in official session. If an appointment is to be made by township executives, the appointment must be made by a majority vote of the executives taken in joint session. If an appointment is to be made by township legislative bodies, the appointment must be made by a majority vote of the total number of township legislative body members by a majority vote of the members, taken in joint session.

(g) Whenever a member of the board of school trustees, whether of interim board or regular board, is to be appointed, and the beginning of the appointive member's term of office coincides with the date an individual assumes the office of the official who is to make the appointment, the appointment shall be made by the latter individual. If the appointing official or body fails to appoint a member of the first board of school trustees within five (5) days after a community school corporation comes into being, or, for members appointed after the first board is appointed, within five (5) days after a member is to take office, the member of the board of school trustees shall be appointed:

(1) by the judge of the circuit court; or

(2) in the case of a united school corporation, by the judge of the circuit court of the county having the most pupils enrolled in the united school corporation.

IC 20-4-1-26.5

§ 20-4-1-26.5 Board of school trustees; voting in primary election; tie votes; vacancies; terms

Sec. 26.5. (a) This section applies to each school corporation, whenever created.

(b) If the board of school trustees is to be elected at the primary election, each registered voter may vote in the board of school trustee election without otherwise voting in the primary election.

(c) If a tie vote occurs among any of the candidates, the judge of the circuit court, or in case of a united school corporation, the judge of the circuit court of the county having the most pupils enrolled in the united school corporation, shall select one (1) of the candidates who shall be declared and certified elected.

(d) If after the first board of school trustees takes office, there is a vacancy on the board of school trustees for any reason, including the failure of the sufficient number of petitions for candidates being filed, and whether the vacating member was elected or appointed, the remaining members of the board of school trustees, whether or not a majority of the board, shall by a majority vote fill the vacancy by appointing a person from within the boundaries of the community school corporation, with the residence and other qualifications provided for a regularly elected or appointed board member filling the office, to serve for the term or balance of terms respectively. If a tie vote occurs among the remaining members of the board or the board fails to act within thirty (30) days after any vacancy occurs, the judge of the circuit court in the county where the majority of registered voters of the school corporation reside shall make the appointment.

(e) A vacancy in the board of trustees occurs if a member ceases to be a resident of any community school corporation. A vacancy does not occur when the member moves from a district of the school corporation from which the member was elected or appointed as long as the member continues to be a resident of the school corporation.

(f) At the first primary or general election in which members of the board of school trustees are elected, a simple majority of the candidates elected as members of the board of school trustees who receive the highest number of votes shall be elected for four (4) year terms. The balance of the candidates elected as members of the board of school trustees receiving the next highest number of votes shall be elected for two (2) year terms. Thereafter, all school board members shall be elected for four (4) year terms.

(g) Board members elected in November take office and assume their duties on January 1 or July 1 after their election, as determined by the board of school trustees before the election. Board members elected in May take office and assume their duties on July 1 after their election.

IC 20-4-1-26.6

§ 20-4-1-26.6 Board of school trustees; appointment of interim trustees

Sec. 26.6. (a) This section applies to each school corporation, whenever created.

(b) If the plan provides for the election of members of the board of school trustees of the community school corporation:

(1) the judge of the circuit court; or

(2) in the case of a united school corporation, the judge of the circuit court of the county having the most pupils enrolled in the united school corporation; shall appoint interim board of school trustees in accordance with the plan approved by the county committee and the state board.

(d) Instead of appointment, the plan may provide for an alternative method of appointing the members of the interim board of trustees of a community or united school corporation. The appointment under this subsection must be made by one (1) or more of the class of officials listed in section 26.3(e) of this chapter.

IC 20-4-3-1

WEST'S ANNOTATED INDIANA CODE

TITLE 20. EDUCATION

ARTICLE 4. REORGANIZATION OF ADMINISTRATION OF ELEMENTARY AND SECONDARY SCHOOLS

CHAPTER 3. TRUSTEE ELECTION IN CERTAIN COMMUNITY SCHOOL CORPORATIONS

§ 20-4-3-1 Board of trustees; election at primary; terms of office

Sec. 1. (a) In a community school corporation set up under IC 20-4-1 that has a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000), and that is the successor in interest to a school city having the same population, the governing body shall consist of a board of trustees of five (5) members elected in the manner provided in this chapter.

(b) At the time of the 1968 primary election and at each such primary election every four (4) years thereafter, there shall be elected in each school corporation embraced within the terms of this chapter two (2) school trustees each of whom shall serve for a period of four (4) years. The two (2) candidates for the office of school trustee receiving the highest number of votes at such election shall take office on July 1 next following the election. At the time of the 1970 primary election and at each such primary election every four (4) years thereafter, there shall be elected in each school city embraced within the terms of this chapter three (3) school trustees each of whom shall serve for a period of four (4) years. The three (3) candidates for the office of school trustee receiving the highest number of votes at such election shall take office on July 1 next following the election. Thereafter, such school trustees shall be elected at the times above provided and shall succeed the retiring members in the order and manner as set forth in this subsection.

IC 20-4-10.1-2

WEST'S ANNOTATED INDIANA CODE

TITLE 20. EDUCATION

ARTICLE 4. REORGANIZATION OF ADMINISTRATION OF ELEMENTARY AND SECONDARY SCHOOLS

CHAPTER 10.1. SCHOOL BOARD MEMBER CHANGE

§ 20-4-10.1-2 Contents of plan

Sec. 2. (a) Any plan or proposed plan shall contain at least the following items:

(1) The number of members of the governing body, which shall be either three (3), five (5), or seven (7).

(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 20-4-1-26.3.

(4) If elected, whether the election shall be at the primary or at the general election at which county officials are nominated or elected, and a general description of the manner of election that conforms with the requirements of > IC 20-4-1-26.2.

(5) The limitations, if any, on residence, term of office, and other qualifications required by members of the governing body.

(6) The time when the plan takes effect.

Any plan or proposed plan may have any additional details, necessary or desirable, to make the provisions of the plan workable. The details may include provisions relating to the commencement or length of terms of office of any members of the governing body taking office under the plan.

(b) Notwithstanding subsection (a)(1), in a city having a population of more than fifty-eight thousand (58,000) but less than sixty thousand (60,000), the governing body described in a plan may have as many as nine (9) members.

IC 20-4-10.1-3

§ 20-4-10.1-3 Limitations on the plan

Sec. 3. (a) Each 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 may succeed himself in office. This limitation does not, however, 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 to be elected, shall conform with one (1) of the types of board organization permitted by > IC 20-4-1-26.2, or if appointed shall conform with one (1) of the types permitted by > IC 20-4-1- 26.3.

(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 pursuant to the plan shall be shortened, if necessary, to make the plan workable on a permanent basis.

(4) If the plan provides for electoral districts, where any 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 prior to 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 must comply with the Constitution of the State of Indiana and the Constitution of the United States, including the equal protection clauses of the constitutions.

(6) The provisions of > IC 20-4-1-26.1 through > IC 20-4-1-26.9 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 any governing body set up by a plan pursuant to this chapter and to the school corporation.

(b) The limitations set out in this section need not be specifically set out in any plan, but are a part of the plan. Any plan shall be construed, if possible, to comply with this chapter. If any provision of the plan, or any 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. To this end, all provisions of any plan are severable.

IC 20-4-10.1-7.5

§ 20-4-10.1-7.5 School corporations in certain cities; increase in membership of governing body

Sec. 7.5. (a) This section applies to a school corporation located in a city having a population of more than one hundred ten thousand (110,000) but less than one hundred twenty thousand (120,000).

(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.

(1) That the additional members of the governing body are to be appointed by the city executive.

(2) That 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) all 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 any part of the plan that conflicts with the provisions of the ordinance;

(2) must be filed with the state superintendent of public instruction under section 16 of this chapter; and

(3) may only be amended or repealed by the city legislative body.