§ 20-23-4-20 — Approval of reorganization plan by state board; notice; creation of community school corporation by petition or elections; contents of petition and petitioning procedure

(a) After the state board approves a
comprehensive plan or partial plan for reorganization of school
corporations as submitted to the state board by a county committee, the
state board shall promptly, by certified mail with return receipt
requested, give written notice of the approval to:
(1) the chairperson of the county committee submitting the plan;
and
(2) the judge of the circuit court of the county from which the
county committee was appointed.
(b) After notice is given under subsection (a), a community school
corporation proposed by a plan referred to in subsection (a) may be
created:
(1) by petition as provided in this section;
(2) by election as provided in section 21 of this chapter; or
(3) under section 22 of this chapter.
(c) After receipt of the plan referred to in subsection (a) by the
county committee and before or after the election described in section
21 of this chapter, a community school corporation proposed by a plan
referred to in subsection (a) may be created by a petition. The petition
must be signed by at least fifty-five percent (55%) of the registered
voters residing in the community school corporation, determined in the
manner set out in this section, and filed by any signer or by the county
committee with the clerk or clerks of the circuit court or courts of the
county or counties where the voters reside. The petition must state that
the signers request the establishment of a community school
corporation and must contain the following information:
(1) The name of the proposed community school corporation.
(2) A general description of the boundaries as set out in the plan.
(3) The number of members of the board of school trustees.
(4) The manner in which:
(A) the permanent board of school trustees; and
(B) if covered in the plan, the interim board of school trustees;
will be elected or appointed.
(5) The compensation, if any, of the members of:
(A) the permanent board of school trustees; and
(B) if covered in the plan, the interim board of school trustees.
(6) The disposition, if any, of assets and liabilities of each existing
school corporation that:
(A) is included in the proposed community school corporation;
and
(B) has been divided.
(7) The disposition of school aid bonds, if any.
(d) The petition referred to in subsection (c) must show:
(1) the date on which each person signed the petition; and
(2) the person's residence address on that date.
The petition may be executed in several counterparts, the total of which
constitutes the petition described in this section. An affidavit of the
person circulating a counterpart must be attached to the counterpart.
The affidavit must state that each signature appearing on the
counterpart was affixed in the person's presence and is the true and
lawful signature of the signer. Each signer on the petition may
withdraw the signer's signature from the petition before the petition is
filed with the clerk of the circuit court. Names may not be added to the
petition after the petition is filed with the clerk of the circuit court.
(e) After receipt of the petition referred to in subsection (c), the
clerk of the circuit court shall make a certification under the clerk's
hand and seal of the clerk's office as to:
(1) the number of signers of the petition;
(2) the number of signers of the petition who are registered voters
residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's
county;
as disclosed by the voter registration records of the county;
(3) the number of registered voters residing in:
(A) the proposed community school corporation; or
(B) the part of the school corporation located in the clerk's
county;
as disclosed by the voter registration records of the county; and
(4) the date of the filing of the petition with the clerk.
If a proposed community school corporation includes only part of a
voting precinct, the clerk of the circuit court shall ascertain from any
means, including assistance from the county committee, the number of
registered voters residing in the part of the voting precinct.
(f) The clerk of the circuit court shall make the certification referred
to in subsection (e):
(1) not later than thirty (30) days after the filing of the petition
under subsection (c), excluding from the calculation of that period
the time during which the registration records are unavailable to
the clerk; or
(2) within any additional time as is reasonably necessary to permit
the clerk to make the certification.
In certifying the number of registered voters, the clerk shall disregard
any signature on the petition not made in the ninety (90) days that
immediately precede the filing of the petition with the clerk as shown
by the dates set out in the petition. The clerk shall establish a record of
the certification in the clerk's office and shall return the certification to
the county committee.
(g) If the certification or combined certifications received from the
clerk or clerks disclose that the petition was signed by at least fifty-five
percent (55%) of the registered voters residing in the community
school corporation, the county committee shall publish a notice in two
(2) newspapers of general circulation in the community school
corporation. The notice must:
(1) state that the steps necessary for the creation and
establishment of the community school corporation have been
completed; and
(2) set forth:
(A) the number of registered voters residing in the community
school corporation who signed the petition; and
(B) the number of registered voters residing in the community
school corporation.
(h) A community school corporation created by a petition under this
section takes effect on the earlier of:
(1) July 1; or
(2) January 1;
that next follows the date of publication of the notice referred to in
subsection (g).
(i) If a public official fails to perform a duty required of the official
under this chapter within the time prescribed in this section and
sections 21 through 24 of this chapter, the omission does not invalidate
the proceedings taken under this chapter.
(j) An action:
(1) to contest the validity of the formation or creation of a
community school corporation under this section;
(2) to declare that a community school corporation:
(A) has not been validly formed or created; or
(B) is not validly existing; or
(3) to enjoin the operation of a community school corporation;
may not be instituted later than thirty (30) days after the date of
publication of the notice referred to in subsection (g).
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-20.]

Legislative History

As added by P.L.1-2005, SEC.7.