This text of Indiana § 20-23-4-12 (Preliminary plans; contents; supporting documents) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)In formulating a preliminary
reorganization plan and with respect to each of the community school
corporations that are a part of the reorganization plan, the county
committee shall determine the following:
(1)The name of the community school corporation.
(2)Subject to subsection (e), a general description of the
boundaries of the community school corporation.
(3)With respect to the board of school trustees, the following:
(A)Whether the number of members is:
(B)Whether the members are elected or appointed.
(C)If the members are appointed:
(i)when the appointments are made; and
(ii)who makes the appointments.
(D)If the members are elected, that the election is at the
general election at which county officials are elected.
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(a) In formulating a preliminary
reorganization plan and with respect to each of the community school
corporations that are a part of the reorganization plan, the county
committee shall determine the following:
(1) The name of the community school corporation.
(2) Subject to subsection (e), a general description of the
boundaries of the community school corporation.
(3) With respect to the board of school trustees, the following:
(A) Whether the number of members is:
(i) three (3);
(ii) five (5); or
(iii) seven (7).
(B) Whether the members are elected or appointed.
(C) If the members are appointed:
(i) when the appointments are made; and
(ii) who makes the appointments.
(D) If the members are elected, that the election is at the
general election at which county officials are elected.
(E) Subject to sections 21 and 22 of this chapter, the manner in
which members are elected or appointed.
(4) The compensation, if any, of the members of the regular and
interim board of school trustees, which may not exceed the
amount provided in IC 20-26-4-7.
(5) Subject to subsection (f), qualifications required of the
members of the board of school trustees, including limitations on:
(A) residence; and
(B) term of office.
(6) If an existing school corporation is divided in the
reorganization, the disposition of assets and liabilities.
(7) The disposition of school aid bonds, if any.
(b) If existing school corporations are not divided in the
reorganization, the:
(1) assets;
(2) liabilities; and
(3) obligations;
of the existing school corporations shall be transferred to and assumed
by the new community school corporation of which they are a part,
regardless of whether the plan provides for transfer and assumption.
(c) The preliminary plan must be supported by a summary statement
of the following:
(1) The educational improvements the plan's adoption will make
possible.
(2) Data showing the:
(A) assessed valuation;
(B) number of resident students in ADA in grades 1 through 12;
(C) assessed valuation per student referred to in clause (B); and
(D) property tax levies;
of each existing school corporation to which the plan applies.
(3) The:
(A) assessed valuation;
(B) resident ADA; and
(C) assessed valuation per student;
data referred to in subdivision 2(A) through 2(C) that would have
applied for each proposed community school corporation if the
corporation existed in the year the preliminary plan is prepared or
notice of a hearing or hearings on the preliminary plan is given by
the county committee.
(4) Any other data or information the county committee considers
appropriate or that may be required by the state board in its rules.
(d) The county committee:
(1) shall base the assessed valuations and tax levies referred to in
subsection (c)(2) through (c)(3) on the valuations applying to
taxes collected in:
(A) the year the preliminary plan is prepared; or
(B) the year notice of a hearing or hearings on the preliminary
plan is given by the county committee;
(2) may base the resident ADA figures on the calculation of the
figures under the rules under which they are submitted to the
secretary of education by existing school corporations; and
(3) shall set out the resident ADA figures for:
(A) the school year in progress if the figures are available for
that year; or
(B) the immediately preceding school year if the figures are not
available for the school year in progress.
The county committee may obtain the data and information referred to
in this subsection from any source the committee considers reliable. If
the county committee attempts in good faith to comply with this
subsection, the summary statement referred to in subsection (c) is
sufficient regardless of whether the statement is exactly accurate.
(e) The general description referred to in subsection (a)(2) may
consist of an identification of an existing school corporation that is to
be included in its entirety in the community school corporation. If a
boundary does not follow the boundary of an existing civil unit of
government or school corporation, the description must set out the
boundary:
(1) as near as reasonably possible by:
(A) streets;
(B) rivers; and
(C) other similar boundaries;
that are known by common names; or
(2) if descriptions as described in subdivision (1) are not possible,
by section lines or other legal description.
The description is not defective if there is a good faith effort by the
county committee to comply with this subsection or if the boundary
may be ascertained with reasonable certainty by a person skilled in the
area of real estate description. The county committee may require the
services of the county surveyor in preparing a description of a boundary
line.
(f) A member of the board of school trustees:
(1) may not serve an appointive or elective term of more than four
(4) years; and
(2) may serve more than one (1) consecutive appointive or
elective term.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-8.]