§ 20-23-4-28 — Board of school trustees; appointment options; exception for community school corporations created before March 12, 1965

(a) Subsections (b) through (g) 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 the governing body are to be appointed, they
shall be appointed in accordance with one (1) of the options described
in subsection (c). The option must be set out in the plan with sufficient
description to permit the plan to be operable with respect to each
community school corporation. The description may be partly or wholly
by reference to the applicable option provided in this section.
(c) The options described in subsection (b) are the following:
(1) Members of the governing body may reside anywhere in the
community school corporation.
(2) The community school corporation shall be divided into two
(2) or more governing body member districts, any one (1) of
which may embrace the entire community school corporation.
Each member:
(A) serves from a particular district; and
(B) must be a resident of the district.
The plan must set out the number to be appointed from each
district and may provide for an equal number of members from
each district.
(d) The plan, under either option in subsection (c), may provide that
the first appointments of the governing body members are for staggered
terms of not more than four (4) years. Thereafter, appointments shall
be made for terms of four (4) years. All terms of office for appointive
governing body members expire June 30 in the applicable year.
(e) A plan providing for the appointment of members of the
governing body must designate the appointing authority. The authority
may be the same for each governing body member and must be one (1)
or more of the following:
(1) The judge of the circuit or superior court.
(2) The city executive.
(3) The legislative body of a city.
(4) The board of commissioners of a county.
(5) The county fiscal body.
(6) The town legislative body.
(7) The township executive.
(8) The township legislative body.
(9) A township executive and legislative body jointly.
(10) More than one (1) township executive and legislative body
jointly.
(f) If an appointment is to be made by:
(1) a body, the appointment must be made by a majority vote of
the body in official session;
(2) township executives, the appointment must be made by a
majority vote of the executives taken in joint session; and
(3) township legislative bodies, the appointment must be made by
a majority vote of the total number of township legislative body
members by a majority vote of the members, taken in joint
session.
(g) If a member of the governing body, whether of the interim
governing body or regular governing body, is to be appointed, and the
beginning of the appointive member's term of office coincides with the
date an individual assumes the office of the official who is to make the
appointment, the appointment shall be made by the latter individual. If
the appointing official or body fails to appoint a member of the first
governing body within five (5) days after a community school
corporation comes into being, or, for members appointed after the first
board is appointed, within five (5) days after a member is to take office,
the member of the governing body shall be appointed:
(1) by the judge of the circuit court; or
(2) in the case of a united school corporation, by the judge of the
circuit court of the county having the most students enrolled in the
united school corporation.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-26.3.]

Legislative History

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