(a)If the creation of a community school
corporation out of an existing corporation:
(1)would not involve a change in its territorial boundaries or in
its board of school trustees or other governing body, other than a
change in the time of election or appointment or the time the
board members take office; and
(2)is consistent with the standards set up under this chapter and
the standards set out in this section;
the state board may on its own motion or on petition of the governing
body of the existing school corporation at any time with hearing in the
county where the school corporation is located, after notice by
publication at least once in one (1) newspaper of general circulation
published in the county where the school corporation is located, at least
ten (10) but not more than thir
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(a) If the creation of a community school
corporation out of an existing corporation:
(1) would not involve a change in its territorial boundaries or in
its board of school trustees or other governing body, other than a
change in the time of election or appointment or the time the
board members take office; and
(2) is consistent with the standards set up under this chapter and
the standards set out in this section;
the state board may on its own motion or on petition of the governing
body of the existing school corporation at any time with hearing in the
county where the school corporation is located, after notice by
publication at least once in one (1) newspaper of general circulation
published in the county where the school corporation is located, at least
ten (10) but not more than thirty (30) days before the date of a hearing,
and without action of the county committee declare the existing school
corporation to be a community school corporation by adopting a
resolution to this effect. The existing school corporation qualifies as to
size and financial resources if it has an ADA of at least two hundred
seventy (270) students in grades 9 through 12 or at least one thousand
(1,000) students in grades 1 through 12, and has an assessed valuation
per student of at least five thousand dollars ($5,000).
(b) For purposes of this section, the following terms have the
following meanings:
(1) "County tax" means a property tax:
(A) that is levied at an equal rate in the entire county in which
any school corporation is located, other than a tax qualifying as
a countywide tax within the meaning of Acts 1959, c.328, s.2,
or any similar statute; and
(B) for which the net proceeds of which are distributed to
school corporations in the county.
(2) "Assessed valuation" of any school corporation means the net
assessed value of its real and personal property as of March 1,
1964, adjusted in the same manner as the assessed valuation is
adjusted for each county by the department of local government
finance under Acts 1949, c.247, s.5, as amended, unless that
statute has been repealed or no longer provides for an adjustment.
If a county has a county tax, the assessed valuation of each school
corporation in the county shall be increased by the amount of
assessed valuation, if any, that would be required to raise an
amount of money, equal to the excess of the amount distributed
to any school corporation from the county tax over the amount
collected from the county tax in the school corporation, using
total taxes levied by the school corporation in terms of rate:
(A) excluding the countywide tax under Acts 1959, c.328, s.2,
or any similar statute; and
(B) including all other taxes levied by or for the school
corporation.
The increased valuation shall be based on the excess distributed
to the school corporation from the county tax levied for the year
1964 and the total taxes levied for the year, or if the county tax is
first applied or is raised for years after 1964, then the excess
distributions and total taxes levied for the year in which the tax is
first applied or raised. If the excess distribution and total taxes
levied cannot be determined accurately on or before the adoption
of the resolution provided in this section, excess distribution and
taxes levied shall be estimated by the department of local
government finance using the last preceding assessed valuations
and tax rates or such other information as that department
determines, certifying the increased assessment to the state board
before such time. In all cases, the excess distribution shall be
determined upon the assumption that the county tax is one
hundred percent (100%) collected and all collections are
distributed.
(3) "Assessed valuation per student" of any school corporation
means the assessed valuation of any school corporation divided
by its ADA in grades 1 through 12.
(4) "ADA" in any school corporation means the average daily
attendance of students who are residents in the school corporation
and in the particular grades to which the term refers for the school
year 1964-1965 in accordance with the applicable regulations of
the secretary of education, used in determining average daily
attendance in the distribution of the tuition funds by the state to
its various school corporations where funds are distributed on
such basis and irrespective of whether the figures are the actual
resident daily attendance of the school for the school year.
(c) The community school corporation automatically comes into
being on either July 1 or January 1 following the date of approval,
whichever is earlier. The state board shall mail by certified mail, return
receipt requested, a copy of the resolution certified by the county
committee's chairperson or secretary to:
(1) the recorder of the county from which the county committee
having jurisdiction of the existing school corporation was
appointed; and
(2) the county committee.
The resolution may change the time of election or appointment of the
board of trustees of the school corporation or the time the trustees take
office. The recorder shall without cost record the certified resolution in
the miscellaneous records of the county. The recording constitutes a
permanent record of the action of the state board and may be relied on
by any person. Unless the resolution provides that an interim member
of the board of trustees shall not be appointed, the board of trustees in
office on the date of the action continues to constitute the board of
trustees of the school corporation until their successors are qualified,
and the terms of their respective office and board membership remain
unchanged except to the extent the resolution otherwise provides. For
purposes of this chapter and IC 20-23-16-1 through IC 20-23-16-5, a
community school corporation shall be regarded as a school
corporation created under section 16 of this chapter.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-18.]