Indiana § 20-23-8-8 Limitations on the plan

Indiana Statutes

§ 20-23-8-8 — Limitations on the plan

Indiana·Title 20 EDUCATION·Art. 23 ORGANIZATION OF SCHOOL CORPORATIONS·Ch. 8 Governing Body Composition Change

(a)A plan is subject to the following limitations:

(1)A member of the governing body may not serve for a term of more than four (4) years, but a member may succeed himself or herself in office. This limitation does not apply to members who hold over during an interim period to effect a new plan awaiting the selection and qualification of a member under the new plan.

(2)The plan, if the members are:

(A)to be elected, shall conform with one (1) of the types of board organization permitted by IC 20-23-4-27; or

(B)appointed, shall conform with one (1) of the types permitted by IC 20-23-4-28.

(3)The terms of the members of the governing body, either elected to or taking office on or before the time the plan takes effect, may not be shortened. The terms of the members taking office under t

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(a) A plan is subject to the following
limitations:
(1) A member of the governing body may not serve for a term of
more than four (4) years, but a member may succeed himself or
herself in office. This limitation does not apply to members who
hold over during an interim period to effect a new plan awaiting
the selection and qualification of a member under the new plan.
(2) The plan, if the members are:
(A) to be elected, shall conform with one (1) of the types of
board organization permitted by IC 20-23-4-27; or
(B) appointed, shall conform with one (1) of the types permitted
by IC 20-23-4-28.
(3) The terms of the members of the governing body, either
elected to or taking office on or before the time the plan takes
effect, may not be shortened. The terms of the members taking
office under the plan may be shortened to make the plan workable
on a permanent basis.
(4) If the plan provides for electoral districts, where a member of
the governing body is elected solely by the voters of a single
district, the districts must be as near as practicable equal in
population. The districts shall be reapportioned and their
boundaries:
(A) changed, if necessary; or
(B) recertified, if changes are not necessary;
by resolution of the governing body not later than December 31
of the year next following the year in which a decennial census is
taken to preserve the equality of the governing body.
(5) The plan shall comply with the:
(A) Constitution of the State of Indiana; and
(B) Constitution of the United States;
including the equal protection clauses of both constitutions.
(6) The provisions of IC 20-23-4-26 through IC 20-23-4-33
relating to the board of trustees of a community school
corporation and to the community school corporation, including
provisions relating to powers of the board and corporation and
provisions relating to the mechanics of selection of the board,
where elected and where appointed, apply to a governing body set
up by a plan under this chapter and to the school corporation.
(b) The limitations set forth in this section do not have to be
specifically set forth in a plan but are a part of the plan. A plan shall 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 a plan are severable.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-10.1-3.]