Indiana § 20-23-6-5.5 Petition to consolidate; notice of election

Indiana Statutes

§ 20-23-6-5.5 — Petition to consolidate; notice of election

Indiana § 20-23-6-5.5

Title 20EDUCATION

Art. 23ORGANIZATION OF SCHOOL CORPORATIONS

Ch. 6Consolidation of School Corporations

This text of Indiana § 20-23-6-5.5 (Petition to consolidate; notice of election) 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.

Bluebook

Ind. Code § 20-23-6-5.5 (2026).

Text

5.

(a)If twenty percent (20%) of the legal voters residing in any school corporation jointly with twenty percent (20%) of the legal voters in each of one (1) or more other school corporations:

(1)prepare a resolution for a proposed consolidation that sets forth:

(A)subject to section 3(b) of this chapter, the information required in section 3(a)(1) through 3(a)(4) of this chapter; and

(B)if applicable, the declarations in section 12.5 of this chapter; and

(2)petition the trustees of their respective school corporations to consolidate the school corporations, as set forth in the resolution; each governing body petitioned shall hold, not later than sixty (60) days after the date the governing body receives the resolution and petition, a public meeting for discussion on the proposed cons

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5. (a) If twenty percent (20%) of the legal
voters residing in any school corporation jointly with twenty percent
(20%) of the legal voters in each of one (1) or more other school
corporations:
(1) prepare a resolution for a proposed consolidation that sets
forth:
(A) subject to section 3(b) of this chapter, the information
required in section 3(a)(1) through 3(a)(4) of this chapter; and
(B) if applicable, the declarations in section 12.5 of this
chapter; and
(2) petition the trustees of their respective school corporations to
consolidate the school corporations, as set forth in the resolution;
each governing body petitioned shall hold, not later than sixty (60) days
after the date the governing body receives the resolution and petition,
a public meeting for discussion on the proposed consolidation.
(b) If any of the petitioned governing bodies agrees to the proposed
consolidation as set forth in the resolution, the governing body shall
give notice by publication of its intention to adopt the resolution on the
proposed consolidation once each week for two (2) consecutive weeks:
(1) with each notice by publication in a newspaper of general
circulation, if any, in each of the school corporations, or, if a
newspaper is not published in the school corporation, publication
shall be made in the nearest newspaper published in the county in
which the school corporation is located; or
(2) with the first publication of notice in the newspaper or
newspapers as provided in subdivision (1) and the second
publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web sites of each of the school corporations.
(c) On or before the sixth day following the last publication of the
notice of intention to consolidate required under subsection (b), twenty
percent (20%) of the legal voters residing in any school corporation
proposed to be consolidated may petition the governing body of the
school corporation for an election to determine whether or not the
majority of the voters of the school corporation is in favor of
consolidation.
(d) If a protest has not been filed under subsection (c), the governing
bodies may declare by joint resolution the consolidation of the school
corporations to be accomplished, to take effect as provided in section
8 of this chapter.
(e) Except as provided in subsection (b), if:
(1) a resolution and petition for consolidation has not been
withdrawn thirty (30) days after the date of the public meeting
under subsection (a); or
(2) a protest petition described in subsection (c) has been filed;
each governing body shall call an election in each school corporation
included in the proposed consolidation in the same manner as
described in sections 5 and 6 of this chapter.
(f) The governing body of each school corporation in which an
election is held is bound by the majority vote of those voting. If a
majority of those voting in any one (1) school corporation votes against
the plan of consolidation, the plan fails. If a majority of the votes cast
at each of the elections is in favor of the consolidation of two (2) or
more school corporations, the trustees of the school corporations shall
proceed to consolidate the schools and provide the necessary buildings
and equipment. However, the failure does not prevent any or all the
school corporations from taking further initial action for the
consolidation of school corporations under this chapter.