§ 20-23-4-35 — School corporation; organization of governing body

(a) The governing body of a school
corporation may be organized under this section.
(b) The governing body consists of seven (7) members, elected as
follows:
(1) Four (4) members elected from districts, with one (1) member
serving from each election district. A member elected under this
subdivision must be:
(A) a resident of the election district from which the member is
elected; and
(B) voted upon by only the registered voters residing within the
election district and voting at a governing body election.
(2) Three (3) members, who are voted upon by all the registered
voters residing within the school corporation and voting at a
governing body election, elected under this subdivision. The
governing body shall establish three (3) residential districts as
follows:
(A) One (1) residential district must be the township that has
the greatest population within the school corporation.
(B) Two (2) residential districts must divide the remaining area
within the school corporation.
Only one (1) member who resides within a particular residential
district established under this subdivision may serve on the
governing body at a time.
(c) A member of the governing body who is:
(1) elected from an election or a residential district; or
(2) appointed to fill a vacancy from an election or a residential
district;
must reside within the boundaries of the district the member represents.
(d) A vacancy on the governing body must be filled under section
30 of this chapter as soon as practicable after the vacancy occurs. A
member chosen to fill a vacancy holds office for the remainder of the
unexpired term.
(e) The members of the governing body serving at the time a plan
is amended under this section shall establish the election and
residential districts described in subsection (b).
(f) The election districts described in subsection (b)(1):
(1) shall be drawn on the basis of precinct lines;
(2) may not cross precinct lines; and
(3) as nearly as practicable, be of equal population, with the
population of the largest exceeding the population of the smallest
by not more than fifteen percent (15%).
(g) The residential districts described in subsection (b)(2) may:
(1) be drawn in any manner considered appropriate by the
governing body; and
(2) be drawn along township lines.
(h) The governing body shall certify the districts that are established
under subsections (f) and (g), amended under subsection (e), or
recertified under section 35.5 of this chapter to:
(1) the state board; and
(2) the circuit court clerk of each county in which the school
corporation is located as provided in section 35.5 of this chapter.
(i) The governing body shall designate:
(1) three (3) of the districts established under this section to be
elected at the first school board election that occurs after the
effective date of the plan; and
(2) the remaining four (4) districts to be elected at the second
school board election that occurs after the effective date of the
plan.
(j) The limitations set forth in this section are part of the plan, but
do not have to be specifically set forth in the plan. The plan must be
construed, if possible, to comply with this chapter. If a provision of the
plan or an application of the plan violates this chapter, the invalidity
does not affect the other provisions or applications of the plan that can
be given effect without the invalid provision or application. The
provisions of the plan are severable.
(k) IC 3-5-10 applies to a plan established under this section.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-1-27.1.]

Legislative History

As added by P.L.1-2005, SEC.7. Amended by P.L.271-2013, SEC.36; P.L.169-2022, SEC.4; P.L.195-2025, SEC.24.