This text of Indiana § 20-23-4-27 (Board of school trustees; election options; exception for community
school corporations created before March 12, 1965) 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)Subsections (b) and (c) do 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 governing body are elected, the members
shall be elected in accordance with one (1) of the options set forth in
subsection (c) or in accordance with section 35 of this chapter. The
options must 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.
(c)The options described in subsection
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(a) Subsections (b) and (c) do 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 governing body are elected, the members
shall be elected in accordance with one (1) of the options set forth in
subsection (c) or in accordance with section 35 of this chapter. The
options must 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.
(c) The options described in subsection (b) are the following:
(1) Members of a governing body:
(A) may reside anywhere in the school corporation; and
(B) shall be voted upon by all registered voters living within the
school corporation voting at any governing body 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 governing body resident within each of the residence districts.
The plan may also provide that one (1) or more members of the
governing body may reside anywhere in the community school
corporation. The plan:
(A) must set out the number of members to be elected from
each district;
(B) may provide for the election of an equal number of
members from each district; and
(C) must set out the number, if any, to be elected at large
without reference to governing body member districts.
Under this option, all candidates must be voted on by all
registered voters of the community school corporation voting at
any governing body member election.
(3) The community school corporation shall be divided into three
(3) residence districts of approximately equal population. In a
district divided into three (3) residence districts, if:
(A) the governing body consists of three (3) members, one (1)
member must reside in each residence district;
(B) the governing body consists of five (5) members, two (2)
members may not reside in any one (1) residence district; and
(C) the governing body consists of seven (7) members, at least
two (2) shall be elected from each residence district.
Candidates shall be voted on by all registered voters of the
community school corporation voting at any governing body
member election.
(4) The community school corporation shall be divided into two
(2) or more electoral districts. Each member:
(A) serves from one (1) electoral district;
(B) must be a resident of the district; and
(C) must be voted upon by the registered voters residing within
the electoral district and voting at any governing body 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. The plan must provide that not
less than one (1) less than a majority of the governing body may
reside anywhere in the community school corporation and must
be voted upon by all its registered voters voting at any governing
body member election.
(5) The community school corporation consists of one (1)
electoral district that must embrace the entire community school
corporation from which a majority of the members of the
governing body shall be elected by all the registered voters of the
community school corporation voting at a governing body
member election. The other electoral districts must be
subdivisions of the community school corporation. Each of the
remaining members of the governing body:
(A) serves from one (1) of the latter electoral districts;
(B) must be a resident of that district; and
(C) must be voted upon by registered voters voting at a
governing body 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:
(A) serves from one (1) electoral district;
(B) must be a resident of that district; and
(C) must be voted upon only by the registered voters residing
within that district who vote at a governing body 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.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-26.2.]