§ 20-25-5-11 — Annexation by school corporations; procedure

(a) An annexation may be effected if an
acquiring school corporation and a losing school corporation each
adopts a substantially identical annexation resolution that contains the
following items:
(1) A description of the annexed territory. The description must,
as near as reasonably possible, be by streets and other boundaries
known by common names. The description does not need to
include a legal description unless a legal description is necessary
to identify the annexed territory. A notice is not defective if there
is a good faith compliance with this section and if the area
designated may be ascertained with reasonable certainty by a
person skilled in the area of real estate description.
(2) The time the annexation takes place. The time the annexation
takes place may vary with respect to the different parts of the
annexed territory. If the entire annexed territory is contiguous to
the acquiring school corporation, the annexed territory may be
annexed so that some parts may not be contiguous to the annexed
territory for temporary periods.
(3) The terms and conditions facilitating education of students in
the annexed territory, losing school corporation, or acquiring
school corporation. The terms may include, but are not limited to,
the continued attendance by students in the annexed territory at
schools in the losing school corporation for specified periods after
annexation on a transfer basis. If a student in an annexed territory
attends a school in a losing school corporation under this
subdivision, transfer tuition for the student must be paid by the
acquiring school corporation to the losing school corporation in
the manner and at the rates provided by the statutes governing the
computation and payment of transfer tuition costs.
(4) The:
(A) disposition of assets and liabilities of the losing school
corporation to the acquiring school corporation;
(B) allocation between the acquiring school corporation and
losing school corporation of subsequently collected school
taxes levied on property in the annexed territory; and
(C) amount, if any, to be paid by the acquiring school
corporation to the losing school corporation on account of
property received from the losing school corporation.
The disposition, allocation, and amount must be equitable.
(b) After the adoption of the resolutions under subsection (a), notice
shall be given by publication in both the acquiring school corporation
and the losing school corporation. The notice must include the text of
the resolution, a statement that the resolution has been adopted, and a
statement that a right of remonstrance exists as provided in this
chapter. It is not necessary to set out the remonstrance provisions of
this chapter in the notice. A general reference to a right of
remonstrance with a reference to this chapter is sufficient to satisfy the
requirements of this subsection. The annexation must take effect not
later than thirty (30) days after the publication of the notice or at the
time provided in the resolution, whichever is later. However, the
annexation is not required to take effect within the period required by
this subsection if a remonstrance, based on a ground other than that set
out in section 14(a)(5) of this chapter, is filed in the circuit or superior
court of the county in which the annexed territory or any part of the
annexed territory is located. The remonstrance must be filed by
registered voters residing in the losing school corporation at least equal
in number to the greater of:
(1) ten percent (10%) of the number of registered voters residing
in the losing school corporation; or
(2) fifty-one percent (51%) of the number of registered voters
residing in the annexed territory.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-3-14-3.]

Legislative History

As added by P.L.1-2005, SEC.9.