§ 20-23-4-21 — Special election to create community school corporations; procedure

(a) If the chairperson of the county
committee does not receive the certification or combined certifications
under section 20(f) of this chapter not later than ninety (90) days after
the receipt by the county committee of the plan referred to in section
20(a) of this chapter, the judge of the circuit court of the county from
which the county committee submitting the plan was appointed shall:
(1) certify the public question under IC 3-10-9-3; and
(2) order the county election board to conduct a special election
in which the registered voters residing in the proposed community
school corporation may vote to determine whether the corporation
will be created.
(b) If:
(1) a primary election at which county officials are nominated; or
(2) a general election at which county officials are elected;
and for which the question can be certified in compliance with IC 3-10-9-3 is to be held not later than six (6) months after the receipt by
the chairperson of the county committee of the plan referred to in
section 20(a) of this chapter, regardless of whether the ninety (90) day
period referred to in subsection (a) has expired, the judge shall order
the county election board to conduct the special election to be held in
conjunction with the primary or general election.
(c) If a primary or general election will not be held in the six (6)
month period referred to in subsection (b), the special election shall be
held:
(1) not earlier than sixty (60) days; and
(2) not later than one hundred twenty (120) days;
after the expiration of the ninety (90) day period referred to in
subsection (a).
(d) The county election board shall give notice under IC 5-3-1 of the
special election referred to in subsection (a).
(e) The notice referred to in subsection (d) of a special election
must:
(1) clearly state that the election is called to afford the registered
voters an opportunity to approve or reject a proposal for the
formation of a community school corporation;
(2) contain:
(A) a general description of the boundaries of the community
school corporation as set out in the plan;
(B) a statement of the terms of adjustment of:
(i) property;
(ii) assets;
(iii) debts; and
(iv) liabilities;
of an existing school corporation that is to be divided in the
creation of the community school corporation;
(C) the name of the community school corporation;
(D) the number of members comprising the board of school
trustees; and
(E) the method of selecting the board of school trustees of the
community school corporation; and
(3) designate the date, time, and voting place or places at which
the election will be held.
(f) A special election referred to in subsection (a) is under the
direction of the county election board in the county. The election board
shall take all steps necessary to carry out the special election. If the
special election is not conducted at a primary or general election, the
cost of conducting the election is:
(1) charged to each component school corporation embraced in
the community school corporation in the same proportion as the
component school corporation's assessed valuation is to the total
assessed valuation of the community school corporation; and
(2) paid:
(A) from the school corporation's operations fund not otherwise
appropriated of; and
(B) without appropriation by;
each component school corporation.
If a component school corporation is to be divided and its territory
assigned to two (2) or more community corporations, the component
school corporation's cost of the special election is in proportion to the
corporation's assessed valuation included in the community school
corporation.
(g) The county election board shall place the public question on the
ballot in the form prescribed by IC 3-10-9-4. The public question must
state "Shall the (here insert name) community school corporation be
formed as provided in the Reorganization Plan of the County
Committee for the Reorganization of School Corporations?". Except as
otherwise provided in this chapter, the election is governed by IC 3.
(h) If a majority of the votes cast at a special election referred to in
subsection (a) on the public question are in favor of the formation of
the corporation, a community school corporation is created and takes
effect on the earlier of:
(1) the July 1; or
(2) the January 1;
that next follows the date of publication of the notice referred to in
subsection (d).
(i) If a public official fails to perform a duty required of the official
under this section within the time prescribed in this section, the
omission does not invalidate the proceedings taken under this section.
(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 the
special election referred to in subsection (a).
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-21.]

Legislative History

As added by P.L.1-2005, SEC.7. Amended by P.L.244-2017, SEC.22.